Proposed Project
The subject site consists of three contiguous properties totaling 6.18 acres. Currently, the project area includes three distinctly different zoning designations: Planned Neighborhood Business District (P-N-B), S-2 Sign Control Combining District (-S-2) and Single-Family Residential District (R-20). The applicant is requesting to rezone only that portion of the site zoned Planned Neighborhood Business District (P-N-B, -S-2) to Retail Business District (R-B, -S-2). No physical development is associated with this rezoning application.
Site/Area Description
The subject site is located at the northeast corner of the Stone Valley Road/Danville Boulevard intersection in Alamo. The site consists of three parcels, Assessor's parcel numbers: 1) 192-081-004= 3.49 acres, 2) 192-071-064= 2.12 acres and 3) 192-071-030= 0.57 acres. All three parcels are developed with the Stone Valley Center's retail shops and parking, with the exception of parcel #192-081-004, which also contains a significant flood drainage channel.
Parcels in the vicinity range in size from 0.1 acres to over 13 acres and tend to be developed with retail business and/or residential uses. The site is surrounded by properties zoned Planned Unit District (residential), Retail Business District, and Single-Family Residential District. Much of this commercial corridor incorporates the -S-2 Sign Control Combining District as an overlay district. Generally, the area is characterized by smaller office buildings and shops along Danville Boulevard while being surrounded by residential properties along the periphery.
Appropriateness of Proposed Rezone
Background on Rezoning at the Stone Valley Center
In 1965, the subject site was rezoned from Transition Residential Agricultural District and Multiple-Family Residential District to Planned Neighborhood Business District (P-N-B). As the site was uniquely situated at a prominent intersection, as well as, the fact that a Shell service station had already been built at the same corner, Safeway Stores Inc. along with the property owners gained County approval to develop the site with the subject retail shopping center. Over the years minor modifications to the property such as the addition of a drive-through espresso hut within the complex have been approved by the County. Currently, the shopping center includes twelve tenants such as CVS pharmacy, a dry cleaners and a Subway deli.
In 1987, the County initiated a rezoning of the property to the Neighborhood Business District (N-B) from the current P-N-B zoning district. That effort was met with community opposition and the rezoning effort was withdrawn; however all other P-N-B zoning districts in the County were successfully eliminated. At that time, the community argued a more restrictive zoning designation was appropriate for the site due to the shopping center's proximity to the adjacent residential neighborhood. Although the proposed R-B zoning district allows a broader range of potential uses, both zoning districts require County approval of a development plan and in some cases the R-B zoning district requires a development plan/land use permit combination prior to development.
In early 2014, the property owner contacted County staff inquiring whether a farmers market (limited number of Sundays only) would be an allowable use at the parking lot of this site. As the P-N-B zoning does not allow outdoor uses, staff was unable to support the request. As a result, the property owner began to inquire as to what steps were necessary to rezone the site to the R-B district which allows outdoor uses upon issuance of a land use permit. This rezoning application is a result of the limitations the P-N-B zoning district places on the subject property.
Existing Zoning Conditions
The parcel is zoned a combination of P-N-B, -S-2 and R-20. As the western portion of the property has been developed with the subject shopping center, the zoning for that portion of the property is P-N-B and -S-2. The -S-2 district (Sign Control Combining District) is intended to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, location and maintenance of all signs and sign structures. No changes to the -S-2 zoning for this site are proposed with this application.
The southeastern portion of the site (parcel 1) is zoned a combination of P-N-B and R-20. The R-20 district establishes the development standards for single-family homes and other uses allowed within this zoning district. However, this R-20 portion of the site overlays the flood control channel (Assessor's maps with easement boundaries are attached for reference). This rezoning application is only for the portion of the property that is zoned P-N-B. Thus, the area zoned R-20 (i.e. the flood control channel) will not be affected by the County's actions related to this rezoning application.
Comparison of Existing and Proposed Zoning Designations
Uses allowed in the P-N-B district are those allowed in both the R-B and Neighborhood Business District (N-B) (text of P-N-B, R-B and N-B are attached), except that the following are not allowed:
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Residential uses including hotels and motels, except living accommodations of an accessory nature;
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Non-accessory signs;
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Roof signs, except gasoline service station signs attached to pump islands or pump island canopies;
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Cabinet shops, animal hospitals or kennels, animal or poultry husbandry, granaries, dehydration plants, wineries, canneries, agricultural warehouses, sheet metal shops, pawn shops, mortuaries, cemeteries, or crematoriums, and lumber yards; and
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Those business uses which are not maintained and conducted wholly within enclosed buildings.
The primary land uses in the R-B district are generally community based services such as dry cleaners, restaurants and other residentially compatible uses. As the subject property is clearly located within Alamo's commercial downtown area, and provides such community based services, the rezoning will result in the property being consistent with other R-B zoned properties in the immediate vicinity.
The P-N-B zoing does not allow outdoor uses of any type, such as farmers markets and outdoor seating, while the R-B district allows outdoor uses upon approval of a land use permit. To reiterate, outdoor uses such as contractor's yards, cabinet shops and lumber yards would require a land use permit from the County. It is most reasonable to expect that the owner may request and receive approval for low-intensity uses such as outdoor seating for restaurants during summer months and farmers markets during harvest season.
Staff has prepared a comparison of the development standards of the P-N-B and R-B districts. That comparison is attached as Table 1 in the staff report to the Planning Commission. A major similarity is that both zoning districts require approval of a development plan application prior to developing a particular site. It is that review process that allows County decision makers and the public alike (public comment/appeal process) to determine what uses are appropriate for the subject site. Therefore, given that both zoning districts are intended to allow neighborhood service oriented businesses, and the fact that the County has eliminated all other P-N-B zoning districts, the P-N-B zoning is no longer necessary or appropriate for this site.
General Plan Consistency
Land Use Element - Land Use Designation
The subject property is designated a combination of Commercial (CO) and Single-Family Residential-Low Density (SL). The SL portion of the site covers the flood control channel and does not impact the retail portion of the site which is entirely designated as CO. Table 3-5 of the County's 2005-2020 General Plan (Consistency Between the General Plan and the Zoning Ordinance - attached) outlines which specific zoning districts are consistent with each General Plan designation, and those which might be considered consistent with the Plan category, depending on the particular use. As indicated within the table, the General Plan designation of CO is consistent with the R-B zoning district. As such, the CO designation allows for a broad range of commercial uses typically found in smaller scale neighborhood, community and thoroughfare commercial districts, including retail and personal service facilities, limited office, and financial uses. Therefore, the County Planning Commission has found that the proposed R-B zoning is appropriate for this particular site (Resolution 16-2014, attached).
County Planning Commission Hearing
On November 18, 2014, the proposed rezoning application was heard by the County Planning Commission. The Planning Commission opened the public hearing whereat the applicant provided some background and a description of the project, in addition to providing responses to questions presented by the Commission. Several members of the public attended the hearing and wanted clarification regarding the exact portion of the property to be rezoned. Staff confirmed that the flood control channel located within the R-20 zoning district portion of the site was not part of this application. After receiving no other public comments the Planning Commission closed the public hearing. After closing the public hearing, the Planning Commission discussed various aspects of the application such as the fact that both the P-N-B and R-B zoning districts require equivalent levels of discretionary review prior to development. At the conclusion of the discussion, the Planning Commission voted unanimously to recommend that the Board of Supervisors approve the rezoning application.
Conclusion
The subject property was initially zoned Multiple Residential and Transition Residential Agricultural District and rezoned to the current P-N-B zoning to allow the establishment of the existing retail shopping center at the site nearly 50 years ago. The P-N-B zoning district is antiquated and is no longer utilized within the County. Given that the proposed R-B zoning district requires an equivalent level of County review, the proposed R-B zoning is preferable because it allows a wider array of uses such as outdoor uses (e.g. farmer's market) desired by the property owner. Therefore, the County Planning Commission has recommended that the Board of Supervisors adopt the Negative Declaration for the project and approve County File #RZ14-3227 to rezone the portion of the property zoned P-N-B/-S-2 to R-B/-S-2.
If the Board of Supervisors denies the application, then the zoning district for the subject property would remain P-N-B and -S-2.
Speakers: John Lineweaver, resident of Alamo.
CLOSED the hearing;
FOUND that on the basis of the whole record before the County (including the Initial Study and any comments that may have been received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the October 2, 2014, Negative Declaration prepared for this project reflects the County's independent judgment and analysis;
ADOPTED the Negative Declaration for the purposes of satisfying this project's compliance with the California Environmental Quality Act;
ADOPTED the findings contained in County Planning Commission Resolution No. 16-2014 as the basis for the Board's approval;
ADOPTED Ordinance No. 2015-02 rezoning that portion of the subject property currently zoned Planned Neighborhood Business District and S-2 Sign Control Combining District (P-N-B, -S-2) to Retail Business District (R-B) and -S-2 giving effect to the aforementioned Rezoning.
DIRECTED Department of Conservation and Development staff to file a Notice of Determination with the County Clerk.