ATTACHMENT A-7
VARIANCE JUSTIFICATION
Required Variance Findings: SMMC 20.525.040
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and Zone.
Section 20.420.050 of the City’s Zoning Ordinance requires a minimum separation of 500 feet between similar automotive fueling stations and/or automotive services/detailing uses. Currently, the City’s zoning ordinance does not define how this measurement is to be made . The Planning Division has determined that that the appropriate measurement be the linear length of the horizontal line segment separating the closest edge s of the auto oriented land use to an adjacent auto oriente d land use. In this case, the measurement would be taken from the closest edge of the proposed fuel pump location on the subject property and the closest fuel pump of the gas station located at the northeast corner of Las Posas and Mission Rd. The current separation is measured at 407’7” and the required separation is 500’ minimum.
The intent of Section 20.420.050 is to not have a cluster of auto service uses in close proximity to each other. However, the design and operation of “gas stations” has cha nged significantly and the proposed project does not represent the type of auto service use that would have been considered in the ordinance.
The project supports ancillary uses such as a 5,000 square foot food mart, which includes a drive through coffee shop, and a 2,000 square foot car wash; these uses increase the commercial value of the property and supports the creation of neighborhood support uses. Therefore, the project would represent an exceptional circumstance to Section 20.420.050(A) because proj ect design and value to the community does not fall under the intent of restricting clusters of auto service uses in the Code.
In addition, the design of the site including circulation, parking, screening, etc. is significantly different than a more traditional automotive fueling station (such as those at Descanso Avenue and Rancho Santa Fe or across the street). As currently designed, the car wash is the main foca l point both east and west from Mission Road and the Food Mart is the main focal point traveling north on Las Posas Road. The gas pumps have been centralized on the site allowing the edges to be used for ancillary uses and drive through elements. Theoretically, the site could be redesigned to meet the 500’ spacing. However, a redesign of the project would constrain the site design and the ability to successfully accommodate th e current proposed mix of uses. Currently, the proposed site design is balanced, contains a well-designed landscape buffer on all edges (reducing the appearance of automotive use clustering), and contains safe and efficient vehicular and pedestrian circulation. Therefore, the project would represent an exceptional circumstance to Section 20.420.050(A) because the current project design is necessary to realize the full commercial and community benefit from the project, and redesigning the project so that the fueling station is 500 feet from the nearest fueling station would potentially reduce the mix of uses on -site or jeopardize the economic viability of the development.
The project area contains existing buffers that would have the effect of providing a visual and physical buffer between the proposed project and the fueling station to the northeast. This includes the SPRINTER rail line, which runs east to west on the northern property boundary (see Figure 2). In addition, the Las Posas Road and Mission Road intersection is an intersection of two major roadways with up to six lanes in each direction. This existing layout of the area provides a substantial buffer between the existing fueling station and the proposed fueling station to where the proposed project would not have the visual or physical effect of clustering auto service uses. Additionally, the project design contains landscape buffers between XX and XX feet with a mix of shrubs and evergreen trees providing an additional visual buffer between uses. Therefore, the project would represent an exceptional circumstance to Section
20.420.050(A) because the project area would not cluster auto services through the rail , roadway, and landscape buffers.
As such, the strict application of the 500 -foot separation requirement to similar automotive fueling stations and/or automotive services/detailing uses is impractical given that other automotive fueling stations within the City do not meet this requirement, the Code does not specify how the 500 feet should be measured, the project area’s existing rail and roadway development provide a natural buffer between fueling station uses, redesigning the site would reduce the mix of land uses proposed, and the proposed uses are significantly different than the more traditional automotive fueling station located across the street. Given the aforeme ntioned, an exceptional or extraordinary circumstance an exceptional or extraordinary circumstance should be applied to the project to support a variance from Section
20.420.050(A).
That the Variance is necessary for the preservation and enjoyment of a su bstantial property right possessed by other property in the same vicinity and Zone, and denied to the property for which the Variance is sought.
The proposed project is located within the City’s Business/Industrial District in the Mixed Use - 3 (MU - 3) Zone and would enjoy the same privileges as similar automotive fueling stations and/or automotive services/detailing uses in the City. The Business/Industrial District contains commercial and industrial land uses. The MU - 3 Zone does not permit gas station, car wash, or food mart uses; rather the Zone is intended for job-based mixed-use developments, including commercial retail, business support services, offices, government uses, and restaurants. There are a number of existing automotive fueling stations within the City that do not meet the minimum 500-foot separation requirement. Three automotive fueling stations located at the corner of Descanso Avenue and Rancho San ta Fe, approximately 0.5 miles west of the project site, are located significantly less than 500 feet from one another (Figure 1). These three stations are located within the Mixed Use - 1 (MU - 1) Zone which similar to the MU - 3 Zone contains a mix of commercial uses, and does not permit a service station, car wash, or drive thru facility without approval of a General Plan Amendment and Rezone to Commercial (C) to allow for these uses under a Conditional Use Permit. The strict application of the 500 -foot separation requirement to similar automotive fueling stations and/or automotive services/detailing uses is impractical given that there are other existing stations within the City with similar designations that are located significantly less than 500 feet from one another. As such, the separation requirement deprives the property owner the same rights to develop the project site with a conditionally permitted use in a manner consistent with like uses and similarities as those in the City with similar designations.
That the granting of the Variance will not be materially detrimental to the public health, safety, or welfare or injurious to the property or improvement in such vicinity and Zone in which the property is located.
The proposed project is designe d to be an integral part of the Business/Industrial District, providing a beneficial mix of necessary commercial services in this neighborhood, and is surrounded by industrial land uses to the south and to the west, commercial land uses to the north, and t he Palomar Station Specific Plan Area to the east. The proposed project would not result in an incompatible use with adjacent areas or be detrimental to public health as surrounding uses include various industrial and commercial uses, including an automotive fueling station approximately 408 feet northeast of the project site.
The Air Quality and Greenhouse Gas Emission Study prepared for the project in December 2020 concluded that operation of the proposed project would not generate substantial pollutant concentrations during construction or operation that would be detrimental to the health of sensitive receptors located in close proximity to the project site, including residents of the Palomar Station apartments and townhomes located approximately 500-600 feet southeast of the eastern project boundary, single -family residences located 800 feet north of the project site, and Palomar C ollege located approximately 700 feet north of the project site.
The Noise Study prepared for the project in January 2021 concluded that operation of the proposed project would result in a new noise source that may be audible to sensitive receivers at near by commercial, industrial and residential uses. However, noise levels would not exceed City noise limits from stationary sources. In addition, the project would not result in a noticeable increase in traffic-related noise on Las Posas Road from SR-78 WB to Grand Avenue, Las Posas Road from Avenida Azul to Mission Road, South Santa Fe (West Mission Road) from Las Flores Drive to Rancho Santa Fe.
The proposed car wash would not create unreasonable obstructions to traffic circulation around or near the site as it has been designed with dual drive-through queuing lanes to accommodate adequate stacking or queuing so as to not impact the site’s internal circulation or cause queuing or back up onto Las Posas Road. The drive-through lanes are designed as dual queuing lanes that merge at the drive-through tunnel entrance. The drive -through lanes have also accommodated a by -pass or exit lane to exit the drive - through facility if so desired by the patron. All circulation would occur within the subject property and not encroach upon or be injurious to adjacent properties and other properties in the vicinity. Therefore, based on this information, the granting of the Variance will not be materially detrimental to the public health, safety, or welfare or injurious to the p roperty or improvement in such vicinity and Zone in which the property is located.
That the granting of such Variance will not adversely affect any master or precise plan adopted pursuant to law.
The proposed project is not located within any master or precise plan. The proposed project would be consistent with the intent of the Business/Industrial District and would provide a beneficial mix of necessary commercial services in this neighborhood . In addition, the project would not result in cumulative health impacts to sensitive uses from concentrated industrial land use, on-road vehicle travel, and heavily freight -dominated transportation corridors. The Air Quality and Greenhouse Gas Emission Study prepared for the project concluded that the project’s air quality impacts would be under the SCAQMD’s regional thresholds, and the Noise Study prepared for the project concluded that the project’s noise impacts would be under the City’s threshold for sensi tive receivers. In addition, the proposed car wash would not create unreasonable obstructions to traffic circulation.