Nick Ghassem

P l a n n i n g C o m m i s s i o n S t a f f

R e p o r t

FOR COMMISSION ACTION FEBRUARY 6, 2012

425 Moraga Road UP-13-11 to allow the operation of an existing vacant service station to include an expanded and modified convenience store, a new automatic drive-through carwash, a modified service bay, an outdoor vacuum air station, and continued gas sales. The project would include converting an existing service bay to accommodate the expanded convenience store and expanding a second service bay to accommodate the car wash. (LC Zoning, K.S.)

I.

Application Basics A. Zoning Permits Required: i Conditional Use Permit to allow interior expansion and operation of a convenience store; exterior expansion and operation of an automatic drivethrough carwash; and installation and operation of two outdoor vacuum air stations, under Moraga Municipal Code (MMC) Section 8.40.030 i Design Review to allow exterior remodeling and expansion of the building to accommodate an automatic drive-through carwash and installation of new landscaping, under MMC Sections 8.72.060 and 8.132.040 i Design Review to allow gas station signage, under MMC Section 8.88.220 B. CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (Class 1, “Existing Facilities”) C. Parties Involved: i Applicant i Property Owner

Patrick Whelan, 2747 19th Street, San Francisco, CA 94110 Nick Ghassem, 54 La Honda Court, Clayton, CA 94517

D. Project Information: Information on the project from the January 17, 2012 staff report, including the vicinity map, land use information, special characteristics, project chronology, and development standards, have been included for reference (Attachment A).

329 Rheem Boulevard Moraga, CA 94556 (925) 888-7040 [email protected] www.moraga.ca.us

425 MORAGA ROAD Page 2 of 8

II.

PLANNING COMMISSION February 6, 2012

Project Background The Planning Commission considered the proposed project at its January 17, 2012 meeting, including: i i i i i i i

Expanding existing convenience store into a 1,072-square foot convenience store with a restroom, office, and utility room; Converting existing 354-square foot middle bay into a 328-square foot oil change bay; Converting existing south bay into a 550-square foot automatic drive-through carwash; Adding 114 square feet to the existing south bay (57 sq. ft. to the front and rear under the existing roof overhang) to accommodate new carwash; Adding two exterior freestanding vacuum air stations along the south property line in front of the car wash; Locating a 5-foot tall pre-cast water fountain in the existing landscape area in front of the canopied fueling station; and Maintaining the service station hours of operation of 6 a.m. to 10 p.m. daily; the auto service facility and carwash would operate 7 a.m. to 6 p.m. daily.

The existing canopied fueling station with four fuel dispensers and propane tank area would remain.

III. Review and Direction The Planning Commission’s comments included the following: i i i i i i i i i

Expanded convenience store and carwash addition are appropriate uses for the site because the site was already an existing service station and the uses comply with the General Plan; Property should be landscaped and kept as nice as possible since it is one of the Town’s gateway sites; Enchantress Indian Hawthorn plant on the landscape plan should be replaced with a deer resistant plant; No issues with parking or onsite circulation; Agreed with staff’s recommendation to require a ‘Right Turn Only’ sign at the south driveway; Concerned about the noise it would generate and whether it would impact the neighboring residences; Wanted more information on expected sound levels of the carwash and the outdoor vacuum air stations and how the noise could be mitigated; Instructed staff to refer to PC Resolution 17-99 when drafting the conditions of approval for the draft resolution; and Wanted conditions regarding noise mitigation and hours of operation in the draft resolution. 2



The Planning Commission continued the hearing to their February 6, 2012 meeting with the following direction: i i

The applicant was to provide additional information on the carwash and the exterior vacuum air stations regarding noise levels and sound impacts; and Staff was to prepare a draft resolution for approval with conditions using Resolution No. 17-99 as a basis for conditions of approval.

IV. Project Revisions The applicant submitted revised plans and noise specifications following the Planning Commission’s meeting, including the following: i

i i i i i i i i i

One new outdoor vacuum air station in the same area along the southern property line, forty feet (40’) from the front property line (rather than two). The proposed model (J. E. Adams’ ‘Quiet Vac Motor (2) Steel Insulated Dome’ model) would have a noise level of 62 dba at the front property line; Carwash noise specifications indicating the proposed carwash would generate a 79 decibel (dba) noise level at the west (front) property line; Proposal to install 16mm polycarbonate bay doors at the entrance and exit of the carwash to reduce noise levels by 16 dba (to 63 dba); Sound readings (using a smartphone application) indicating sound levels at the traffic light on Moraga Road and at the closest residence off Rheem Boulevard were measured between 60 and 75 decibels during the day and 65 decibels at night; ‘Right Turn Only’ signs at the exit driveways and directional pavement markings to direct customers to the car wash entrance; Landscape plan that include plant materials from the Town’s planting palette; the Enchantress Indian Hawthorn plant replaced with the Sunset Manzanita plant; Five-foot by four-foot (5’ x 4’) water fountain element in the west landscape area. Reduction in hours of operation of the carwash (as described in project description); Proposal to add landscaping along the southeast wall near the car wash entrance; and Proposal to sell beer and wine and hot prepared food.

V. Issues and Analysis A. Noise: MMC Section 8.40.030.B (Limited Commercial: Conditional Uses) establishes guidelines the Planning Commission must use to consider the appropriateness and acceptability of a proposed conditional use. One guideline states that the proposed use shall not generate noise levels in excess of 55 decibels during daytime hours, or 50 decibels during nighttime hours. In addition, several General Plan policies address ambient noise levels. The applicant’s submittals indicate the carwash dryer will exceed the Town’s standard and will not comply with applicable General Plan policies. The proposed doors would attenuate the sound levels, but not to the standard set by the Municipal Code. In addition, the proposed outdoor vacuum air File: P:\Agenda Packets PC\2012\020612\425 Moraga Road\FINAL Staff Report.docx



station would exceed the Town’s noise standards. The air station would also be located close to the south property and could impact the neighboring property, including potential nearby residential development. While Moraga Road does contain significant traffic, the General Plan and community goals call for mixed use in this area, including residential development. Condition #5 requiring acoustical material on the walls of the carwash and doors at the entrance and exit of the carwash in order to further reduce the noise levels to 60 dba would be consistent with the conditions attached to the original 1999 Conditional Use Permit and would ensure future compatibility of nearby uses. Condition #5 also requires a sound wall and landscaping in order to mitigate the sound levels of the air station. B. Convenience Store Products: Resolution PC 17-99 prohibited the sale of alcoholic beverages and hot and perishable food items in the Beacon mini mart. Alcohol was prohibited because the mini-mart was associated with the operation of automobiles and selling alcohol could have been considered as conducive to drinking and driving. Hot food items and perishable foods were prohibited because the Planning Commission wanted the mini mart to function as a convenience store rather than a small fast food restaurant. Since the Planning Commission’s January 17, 2012 meeting, the applicant has requested approval of beer and wine sales and sales of hot food. The public hearing notices did not reflect this request. In addition, the concerns from 1999 remain. The sale of hot food and perishable food items would be similar to a quick-service restaurant and would generate additional traffic, contrary to the General Plan and Zoning Ordinance. Alcohol sales are also a concern since other nearby stores sell alcohol in the Rheem Planning Area and due to potential impacts associated with alcohol sales at a service station location Condition #38 reflects the 1999 approval for the project site and does not allow alcohol sales; Condition #39 prohibits hot or prepared food items; however, recognizing recent trends regarding healthy foods, Condition #39 allows the sale of fresh, unprepared, perishable items such as milk, eggs, fruit and vegetables. C. Other Conditions of Approval: Many of the conditions of approval in the attached resolution reflect the conditions that were attached to the 1999 permit. The resolution would revoke and rescind all previous permits and replace the findings and conditions of approval. As written, the conditions are largely interrelated with the findings supporting approval of the proposed use. D. Design, Landscaping and Signage: The proposal is subject to Design Review Board review and approval. The Planning Commission may attach any additional designrelated conditions that pertain to the Conditional Use Permit.

VI. Required Findings MMC Section 8.40.030 (Conditional Uses, Limited Commercial District) outlines the following guidelines required for considering the appropriateness and acceptability of a proposed conditional use in the limited commercial district: 4



1. The use shall not generate significant amounts of pedestrian and vehicular traffic that will foster the flow of traffic between the proposed use and uses across abutting streets. The proposed use involves expansion within an existing building footprint to accommodate a larger convenience store and expansion of one service bay to accommodate an automatic carwash at an existing service station that was approved in 1999. Both the expanded convenience store and the automatic carwash will be accessory to the primary use of a gas station use will not create high demand destination trips. The use will provide convenience for those residents travelling north on Moraga Road as there are currently no gas stations on the east side of Moraga Road. 2. The use shall not generate significant amounts of traffic during peak hour traffic periods. The proposed use is expected to generate incidental trips from existing traffic, rather than additional destination trips. However, the new automatic carwash may generate additional trips since there are no other carwash facilities in Moraga. Condition #44 prohibits overnight parking. 3. The use shall be compatible in land use and traffic characteristics and design with other uses directly affected by the proposed use. Moraga Road is an arterial and the Moraga Road – Rheem Boulevard intersection is a primary gateway for the Town. The Moraga 2002 General Plan contains policies calling for more pedestrian and bicycle connections and orientation in the Rheem Park Specific Plan Area. The proposed project is an auto-oriented use that will not advance the policies of the General Plan, nor advance community goals for a mixed use neighborhood in the Rheem area. However, the project site’s shape, size, and topography limits access to/from Moraga Road, is heavily screened with vegetation, and is at a lower elevation than Rheem Boulevard and nearby residences. Conditions #5 and #13 require sound attenuation and future noise analysis to allow for future residential uses in the area. 4. Any adverse characteristics of the proposed use shall be mitigated to the extent necessary to make the use compatible with neighboring uses. The carwash and outdoor vacuum air station will generate noise levels that exceed the Town’s noise standards. Condition #13 requires noise analysis and further sound attenuation if noise continues to be an issue after the facilities become operational. Additional conditions of approval require daily trash and debris removal on and around the site, downwarddirected lighting and design review to further ensure compatibility with the area. 5. The use shall be within a building or space enclosed by approved fencing, landscaping, or other buildings. The proposed convenience store will be located entirely within the building, and Condition #42 prohibits outdoor sales or display of merchandise. Condition #5 requires interior insulation and doors on the carwash for sound attenuation and design purposes, subject to Design Review Board approval. Condition #5 also requires a sound wall and additional landscaping around the outdoor vacuum air station. Condition #45 prohibits outdoor storage and overnight vehicle storage. Landscaping is subject to review and approval by the Design Review Board (Condition #14). File: P:\Agenda Packets PC\2012\020612\425 Moraga Road\FINAL Staff Report.docx



6. The use shall not generate noise levels in excess of 55 dba during the daytime hours, or 50 dba during the nighttime hours. Condition #5 requires soundattenuating insulation and doors at the entrance and exits of the carwash to reduce the sound levels to 60 dba at the property lines during the day and 50 dba during the night. Condition #5 also requires a sound wall around the outdoor vacuum air station. Condition #12 requires an acoustical analysis to demonstrate that noise levels will be in compliance, and Condition #13 requires additional sound attenuation if noise continues to be an issue. 7. The use shall not create excessive public economic problems. The proposed use may generate revenue for the Town of Moraga through sales tax and gas tax. The use is not expected to generate public economic problems. 8. The use will not generate glare, electrical interference, odor, vibration, brilliant light, dust, smoke, fumes or have other characteristics that are otherwise offensive to the senses to enjoyment of other property in the vicinity. Because of the significant separation between the subject property and other commercial and residential properties, dust, fumes, odors and similar should not cause any adverse impacts to people or property. Conditions of approval should mitigate any impacts. 9. The hours of operation will not foster conditions detrimental to the neighborhood or town. The proposed use hours of operation for fuel sales and convenience store will be similar to nearby uses, from 6:00 a.m. to 10:00 p.m., seven days a week. The hours of operation for the auto service facility and carwash will be more limited to respect the Town’s noise standards during nighttime hours, from 7:00 a.m. to 6:00 p.m., seven days a week. According to MMC Section 8.12.120 (Specific Findings Necessary for Conditional Use Permit), a conditional use permit may be granted only after a determination that: A. The proposed use is appropriate to the specific location. The project site is located in the Rheem Park Specific Plan Area, at the corner of two arterials, Rheem Boulevard and Moraga Road. Other nearby uses include open space across Rheem Boulevard, multiple family residential east of the site, a mixed use retail, office and mini-storage south of the site, and automotive and shopping center uses west of the site. The project site’s shape and size provide significant landscaping between the site and Rheem Boulevard and the adjacent residences. Since the General Plan calls for potential residential uses in the Rheem Park Specific Plan area and the General Plan and Zoning Ordinance set noise, light and glare standards for all land uses, conditions of approval require sound attenuation, downward directed onsite lighting, covered garbage enclosure, landscaping revisions, installation and maintenance to ensure the project will be compatible with existing surrounding uses. B. The proposed use is not detrimental to the health, safety, and general welfare of the Town. 6



Condition #52 requires the underground storage tanks and pumps be replaced and/or maintained or updated consistent with all applicable local, state, and federal regulations. Condition #23 requires routine inspection of the underground gasoline storage tanks. Condition #38 requires drainage for the carwash consistent with C.3 regulations and Town standards. Condition #32 requires use of a potential existing sand/oil interceptor for the storm drain. If there is no such interceptor, then one shall be installed pursuant to the policies of NPDES and the RWQCB. C. The proposed use will not adversely affect the orderly development of property within the Town. As conditioned, the proposed use is consistent with the General Plan as described in Finding A above and the Zoning Ordinance. The site has been used for similar purposes since 1961, and the project modifies a use approved in 1999. D. The proposed use will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the Town. As conditioned, the proposed use is consistent with the surrounding uses. In addition, conditions of approval will ensure the proposed use will not limit future residential development in the Rheem Park Planning Area, as called for in the Moraga 2002 General Plan and, consequently, is not expected to have an adverse effect on property values or revenue sources within the Town. E. The proposed use is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan. The project site is consistent with Policy LU2.7 (Automobile Service Uses) of the Moraga 2002 General Plan which calls for locating automobile service and related uses in areas compatible with adjacent uses. The project site is located in the Rheem Planning Area, at the corner of two arterials, Rheem Boulevard and Moraga Road and near three other auto-related uses. Other General Plan policies call for residential uses in the Rheem Planning Area (LU3.2, Rheem Park Area Specific Plan and LU3.3, Residential Densities in the Specific Plan Areas), limiting noise from all sources, especially during the evening and early morning hours (OS6.2, Noise Levels), and design quality in the Town’s commercial areas (CD6.1, Design Quality). Condition # 14 requires landscape improvements to provide buffering; Condition #5 requires sound attenuation and additional noise analysis for the carwash and vacuum air station; Condition #5 requires Design Review for remodeling, landscaping, lighting, signage and off-site glare. In addition, landscaping along the eastern and northern property lines will continue to provide buffering between the project site and adjacent residential and open space uses, consistent with Policy LU2.6. F. The proposed use will not create a nuisance or enforcement problem within the neighborhood. Condition #53 requires regular maintenance of the project site, including daily removal of trash and litter on and around the premises, including along the sidewalk and in landscaped areas. Condition #42 prohibits on-site storage of vehicles and outdoor File: P:\Agenda Packets PC\2012\020612\425 Moraga Road\FINAL Staff Report.docx



display or sales of merchandise. Condition #37 requires additional noise analysis and attenuation if noise levels exceed the conditions of approval. G. The proposed use will not encourage marginal development within the neighborhood. Condition #5 requiring design review for exterior alterations, including the addition and landscaping will ensure the modifications meet the Town’s design review standards and are consistent with the General Plan, including Policy CD6.1 (Design Quality). H. The proposed use will not create a demand for public services within the Town beyond that of the ability of the Town to meet in the light of taxation and spending restraints imposed by law. Continued gasoline sales, expanded convenience store, automatic carwash, outdoor vacuum air station, and oil-change service bay are not likely to create a demand for any additional public services. Alcohol sales, including beer and wine, are prohibited due to an overconcentration of alcohol sales outlets in the Rheem Planning Area and potential impacts associated with alcohol sales at a service station location. I. The proposed use is consistent with the Town’s approved funding priorities. The project has no impact on the Town’s funding priorities. All conditions of approval shall be installed and maintained by the applicant. In addition, Condition #9 requires the applicant to reimburse the Town for all costs associated with processing and permitting proposed use.

VII. Recommendation Because of the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Planning Commission: A. ADOPT Resolution No. __-2012 to APPROVE UP-13-11 pursuant to Section 8.40.030 subject to Conditions of Approval (Attachment D). Attachments: A. B. C. D. E.

Project Information PC Resolution 17-99 Applicant’s Noise Submittal Draft Resolution Project Plans

Staff Planner: Kelly Suronen, [email protected], (925) 888-7041 Reviewed by: Shawna Brekke-Read, [email protected], (925) 888-7043

8

ATTACHMENT A PROJECT INFORMATION

Project Information for 425 Moraga Road Figure 1: Vicinity Map

Project Site

Moraga Road

Rheem Boulevard

Table 1: Land Use Information Location

Existing Use

Subject Property

North

Surrounding Properties

South

East West

Vacant Service Station (including gas, convenience store, and 3 auto service bays) Vacant Open Space ‘Painted Rock Property’ (Open Space beyond) 5A Rent-A-Space Office, Retail and Mini-Storage Complex (Vacant lot beyond) Vacant Open Space ‘Painted Rock Property’ (Open Space beyond) Rheem Shopping Center

Zoning District

General Plan Designation

Limited Commercial (LC)

Rheem Park Specific Plan Area

Moraga Open Space (OS-M)

MOSO Open Space

Limited Commercial (LC)


Moraga Open Space (OS-M)

MOSO Open Space

Community Commercial (CC)


Table 2: Special Characteristics Characteristic

Applies to Project?

Scenic Corridor

Yes

Alcohol Sales/Service

Yes

Soil/Groundwater Contamination

Yes

Noise

Yes

Explanation The project site is located on two scenic corridors: Moraga Road and Rheem Boulevard; therefore it is subject to review by the Design Review Board. The project includes the expansion of the existing convenience store. The extra space will allow for more food and beverages. The selling of alcohol is prohibited and has been made a condition of approval in the draft resolution. The Contra Costa Health Services Hazardous Materials Programs (CCHSHMP) is the agency responsible for testing soils at gas stations. If fuel leakage is found then the County notifies the Regional Water Quality Control Board who develops a “Corrective Action Plan” to mitigate the hazardous material. The carwash and vacuum air stations would have noise generating equipment. Noise and sound levels are discussed under issues and analysis.

Table 3: Project Chronology Date November 4, 2011

Application submitted

Incomplete Letter: December 1, 2011

Application incomplete

January 6, 2012

Public hearing notices mailed/posted

January 17, 2012

Planning Commission hearing

January 25, 2012

Additional information submitted

January 25, 2012

Additional information needed

January 27, 2012

Application complete

February 6, 2012

Planning Commission public hearing

February 13, 2012

Design Review Board public meeting

April 27, 2012 1.

Action

PSA deadline1

Project must be approved or denied within 60 days after being deemed complete if exempt from CEQA, or 60 days after adoption of a negative declaration, or 180 days after adoption of an EIR (Govt. Code Section 65950).

Table 4: Development Standards Standard MMC Section 8.40.40

Existing

Addition/ (Reduction)

Proposed Total

Lot Area (sq. ft.)

31,363 sq. ft.

N/A

31,363 sq. ft.

Gross Floor Area (sq. ft.)

1,916 sq. ft.

114 sq. ft.

2,030 sq. ft.

Height (ft.)

14 ft. 3 inches

N/A

14 ft. 3 inches

Stories

One story

N/A

One story

Front

67 ft. 5 inches

N/A

67 ft. 5 inches

25 ft.

Rear

42 ft. 9 inches

N/A

42 ft. 9 inches

None

Exterior Left Side

45 ft.

N/A

45 ft.

25 ft.

Right Side

16 ft.

N/A

16 ft.

None

Building 6.5% Paving 51.5% Landscaping 42%

None

Building Height (ft.)

Building Setbacks (ft.)

Lot Coverage (%)

Building 6% Paving 52% Landscaping 42%

Building +0.5% Paving -0.5%

Permitted/ Required 10,000 (minimum) None 35 ft. Two stories

Store: 4 parking spaces (1 space per 250 sq.ft.)

Parking

Automobile

7 stalls

114 sq.ft.

7 stalls

Repair shop: 2 parking spaces (1 space per 500 sq.ft.) Total: 7 spaces

ATTACHMENT B PC RESOLUTION 17-99

ATTACHMENT C APPLICANT’S NOISE SUBMITTAL

ATTACHMENT D DRAFT RESOLUTION

BEFORE THE TOWN OF MORAGA PLANNING COMMISSION In the Matter of: Approval of a Conditional Use Permit to Allow Expansion and Operation of a Convenience Store, Oil Change Bay, Automatic Drive-Through Car Wash, and Vacuum Air Station at Existing Service Station at 425 Moraga Road _________________________________

Resolution No. __-12 PC ) ) ) ) )

File No. UP-13-11 Adoption Date: February, 6, 2012 Appeal Period Ends: February 16, 2012

WHEREAS, Patrick Whelan (applicant) and Nick Ghassem (owner) filed an application for a Conditional Use Permit to establish a service station with an expanded convenience store, oil change bay, and an automatic drive-through carwash at the vacant service station facility located on the Limited Commercial (LC) zoned property at 425 Moraga Road; and WHEREAS, the project qualified for a categorical exemption under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines (Class 1, “Existing Facilities”); and WHEREAS, public hearing notices were mailed to all property owners within 500 feet of the subject property on January 7, 2012, and the notice was posted in the neighborhood; and WHEREAS, on January 17, 2012, the Planning Commission held a public hearing and received testimony from the applicant and interested parties, and, continued the hearing to the February 6, 2012 meeting in order for the applicant to submit additional information; and WHEREAS, on February 6, 2012 the Planning Commission held a continued public hearing and received testimony from the applicant and interested parties; and WHEREAS, the Planning Commission of the Town of Moraga makes the following findings to approve a Conditional Use Permit pursuant to Moraga Municipal Code Section 8.12.120: A.

The proposed use is appropriate to the specific location: The project site is located in the Rheem Park Specific Plan Area, at the corner of two arterials, Rheem Boulevard and Moraga Road. Other nearby uses include open space across Rheem Boulevard, multiple family residential east of the site, a mixed use retail, office and mini-storage south of the site, and automotive and shopping center uses west of the site. The project site’s shape and size provide significant landscaping between the site and Rheem Boulevard and the adjacent residences. Since the General Plan calls for potential residential uses in the Rheem Park Specific Plan area and the General Plan and Zoning Ordinance set 1

noise, light and glare standards for all land uses, conditions of approval require sound attenuation, downward directed onsite lighting, covered garbage enclosure, landscaping revisions, installation and maintenance to ensure the project will be compatible with existing surrounding uses. B.

The proposed use is not detrimental to the health, safety, and general welfare of the Town: Condition #52 requires new underground storage tanks and pumps be installed and/or updated consistent with all applicable local, state, and federal regulations. Condition #23 requires routine inspection of the underground gasoline storage tanks. Condition #38 requires drainage for the carwash consistent with C.3 regulations and Town standards. Condition #32 requires use of a potential existing sand/oil interceptor for the storm drain. If there is no such interceptor, then one shall be installed pursuant to the policies of NPDES and the RWQCB.

C.

The proposed use will not adversely affect the orderly development of property within the Town: As conditioned, the proposed use is consistent with the General Plan as described in Finding A above and the Zoning Ordinance. The site has been used for similar purposes since 1961, and the project modifies a use approved in 1999.

D.

The proposed use will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the Town: As conditioned, the proposed use is consistent with the surrounding uses. In addition, conditions of approval will ensure the proposed use will not limit future residential development in the Rheem Park Planning Area, as called for in the Moraga 2002 General Plan and, consequently, is not expected to have an adverse effect on property values or revenue sources within the Town.

E.

The proposed use is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan: The project site is consistent with Policy LU2.7 (Automobile Service Uses) of the Moraga 2002 General Plan which calls for locating automobile service and related uses in areas compatible with adjacent uses. The project site is located in the Rheem Planning Area, at the corner of two arterials, Rheem Boulevard and Moraga Road and near three other auto-related uses. Other General Plan policies call for residential uses in the Rheem Planning Area (LU3.2, Rheem Park Area Specific Plan and LU3.3, Residential Densities in the Specific Plan Areas), limiting noise from all sources, especially during the evening and early morning hours (OS6.2, Noise Levels), and design quality in the Town’s commercial areas (CD6.1, Design Quality). Condition # 14 requires landscape improvements to provide buffering; Condition #5 requires sound attenuation and additional noise analysis for the carwash and vacuum air station; Condition #5 requires Design Review for remodeling, landscaping, lighting, signage and off-site glare. In addition, landscaping along the eastern and northern property lines will continue 2

to provide buffering between the project site and adjacent residential and open space uses, consistent with Policy LU2.6. F.

The proposed use will not create a nuisance or enforcement problem within the neighborhood: Condition #53 requires regular maintenance of the project site, including daily removal of trash and litter on and around the premises, including along the sidewalk and in landscaped areas. Condition #42 prohibits on-site storage of vehicles and outdoor display or sales of merchandise. Condition #37 requires additional noise analysis and attenuation if noise levels exceed the conditions of approval.

G.

The proposed use will not encourage marginal development within the neighborhood: Condition #5 requiring design review for exterior alterations, including the addition and landscaping will ensure the modifications meet the Town’s design review standards and are consistent with the General Plan, including Policy CD6.1 (Design Quality).

H.

The proposed use will not create a demand for public services within the Town beyond that of the ability of the Town to meet in the light of taxation and spending restraints imposed by law: Continued gasoline sales, expanded convenience store, automatic carwash, outdoor vacuum air station, and oil-change service bay are not likely to create a demand for any additional public services. Alcohol sales, including beer and wine, are prohibited due to an overconcentration of alcohol sales outlets in the Rheem Planning Area and potential impacts associated with alcohol sales at a service station location.

I.

The proposed use is consistent with the Town’s approved funding priorities: The project has no impact on the Town’s funding priorities. All conditions of approval shall be installed and maintained by the applicant. In addition, Condition #9 requires the applicant to reimburse the Town for all costs associated with processing and permitting proposed use; and

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the Town of Moraga finds the Conditional Use Permit (UP-13-11) to establish and operate an expanded convenience store, oil change bay, automatic drive-through carwash, and outdoor vacuum air station at the existing vacant service station facility at 425 Moraga Road meets the following specific guidelines necessary for all Conditional Use Permits in the Limited Commercial Zoning District, pursuant to Moraga Municipal Code Section 8.40.030 (Conditional Uses), as follows: 1.

The use shall not generate significant amounts of pedestrian and vehicular traffic that will foster the flow of traffic between the proposed use and uses across abutting streets.

3

The proposed use involves expansion within an existing building footprint to accommodate a larger convenience store and expansion of one service bay to accommodate an automatic carwash at an existing service station that was approved in 1999. Both the expanded convenience store and the automatic carwash will be accessory to the primary use of a gas station use will not create high demand destination trips. The use will provide convenience for those residents travelling north on Moraga Road as there are currently no gas stations on the east side of Moraga Road. 2.

The use shall not generate significant amounts of traffic during peak hour traffic periods. The proposed use is expected to generate incidental trips from existing traffic, rather than additional destination trips. However, the new automatic carwash may generate additional trips since there are no other carwash facilities in Moraga. Condition #44 prohibits overnight parking. This regulation will limit the amount of traffic as they will accommodate service on a day to day basis.

3.

The use shall be compatible in land use and traffic characteristics and design with other uses directly affected by the proposed use. Moraga Road is an arterial and the Moraga Road – Rheem Boulevard intersection is a primary gateway for the Town. The Moraga 2002 General Plan contains policies calling for more pedestrian and bicycle connections and orientation in the Rheem Park Specific Plan Area. The proposed project is an auto-oriented use that will not advance the policies of the General Plan, nor advance community goals for a mixed use neighborhood in the Rheem area. However, the project site’s shape, size, and topography limits access to/from Moraga Road, is heavily screened with vegetation, and is at a lower elevation than Rheem Boulevard and nearby residences. Conditions #5, 12, and 13 requires sound attenuation and future noise analysis to allow for future residential uses in the area.

4.

Any adverse characteristics of the proposed use shall be mitigated to the extent necessary to make the use compatible with neighboring uses. The carwash and outdoor vacuum air station will generate noise levels that exceed the Town’s noise standards. Condition #13 requires noise analysis and further sound attenuation if noise continues to be an issue after the facilities become operational. Additional conditions of approval require daily trash and debris removal on and around the site, downward-directed lighting and design review to further ensure compatibility with the area.

5.

The use shall be within a building or space enclosed by approved fencing, landscaping, or other buildings. The proposed convenience store will be located entirely within the building, and Condition #42 prohibits outdoor sales or display of merchandise. Condition #5 requires doors on the carwash for sound attenuation and design purposes, subject to Design Review Board approval. Condition #5 also requires a sound wall and additional landscaping around the outdoor vacuum air station. Condition

4

#45 prohibits outdoor storage and overnight vehicle storage. Landscaping is subject to review and approval by the Design Review Board (Condition #8). 6.

The use shall not generate noise levels in excess of 55 dba during the daytime hours, or 50 dba during the nighttime hours. Condition #5 requires sound-attenuating insulation and doors at the entrance and exits of the carwash to reduce the sound levels to 60 dba at the property lines during the day and 50 dba during the night. Condition #5 also requires a sound wall around the outdoor vacuum air station. Condition #12 requires an acoustical analysis to demonstrate that noise levels will be in compliance, and, Condition #13 requires additional sound attenuation if noise continues to be an issue.

7.

The use shall not create excessive public economic problems. The proposed use may generate revenue for the Town of Moraga through sales tax and gas tax. The use is not expected to generate public economic problems.

8.

The use will not generate glare, electrical interference, odor, vibration, brilliant light, dust, smoke, fumes or have other characteristics that are otherwise offensive to the senses to enjoyment of other property in the vicinity. Because of the significant separation between the subject property and other commercial and residential properties, dust, fumes, odors and similar should not cause any adverse impacts to people or property. Conditions of approval should mitigate any impacts.

9.

The hours of operation will not foster conditions detrimental to the neighborhood or town. The proposed use hours of operation for fuel sales and convenience store will be similar to nearby uses, from 6:00 a.m. to 10:00 p.m., seven days a week. The hours of operation for the auto service facility and carwash will be more limited to respect the Town’s noise standards during nighttime hours, from 7:00 a.m. to 6:00 p.m., seven days a week.

FURTHER RESOLVED, the Planning Commission of the Town of Moraga approves the Conditional Use Permit (UP-13-11) to establish and operate an expanded convenience store, oil change bay, automatic drive-through carwash, and outdoor vacuum air station at the existing vacant service station facility at 425 Moraga Road, subject to the following conditions: CONDITIONS OF APPROVAL: 1. Conditions Shall be Printed on Plans The conditions of this permit shall be printed on the first sheet of each plan set submitted for a building permit pursuant to this permit, under the title ‘Conditional Use Permit Conditions.’ The second sheet may also be used if the first sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable. 5

2. Applicant Responsible for Compliance with Conditions The applicant shall ensure compliance with all of the following conditions, including submittal to the project planner of required approval signatures at the times specified.. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or revocation of the permit. 3. Uses Approved Exclude Other Uses This permit authorizes only those uses and activities proposed in the application and excludes other uses and activities. Except as expressly specified herein, this permit terminates all other uses at the location subject to it. Further, this resolution and approval hereby rescinds and revokes the following resolution and permits: A. Planning Commission Resolution No. 17-99 approving UP-02-99 in 1999; B. Six-month extension approval allowing the use permit to remain valid until December 31, 2011 pursuant to Moraga Municipal Code Section 8.16.040; C. Approval of UP 06-11 approving a Conditional Use Permit to allow conversion of up to three service bays into an expanded convenience store and including the sale of hot foods, perishable foods, beer and wine; and D. Approval of UP 07-11 approving a Conditional Use Permit to modify Use Permit 02-999 and allow a carwash in one of the bays. 4. Modification of Permits No change in the use for which this Permit is approved is permitted unless the Permit is modified by the Planning Commission. 5. Plans and Representations Become Conditions The plans for a building permit shall be substantially in conformance with the plans approved by the Planning Commission on February 6, 2012. Except as expressly specified herein, the site plan, floor plans, building elevations and any additional information or representations submitted by the applicant during the Staff review and public hearing process leading to the approval of this Permit, whether oral or written, which indicated the proposed structure or manner of operation are deemed conditions of approval. The following changes shall also be made: A. Interior acoustical material shall be added to the walls of the carwash and doors at the entrance and exit of the carwash shall be constructed of a material to attenuate sound at the source and reduce noise levels to a maximum of 60 dba at the property line, subject to Design Review Board approval; B. Sound wall and landscaping shall be installed around three sides of the vacuum air station, subject to Design Review Board approval; C. Project shall be subject to, and require, Design Review Board approval, provided that all Planning Commission conditions are met or exceeded. Design Review Board review and approval shall include, but not be limited to

6

landscaping, exterior alterations to buildings, sound attenuation devices, signage, lighting, and off-site glare. 6. Subject to all Town and Other Regulations The approved use and/or construction are subject to, and shall comply with, all applicable Town Ordinances and laws and regulations of other governmental agencies. 7. Expiration upon discontinuance (Section 8.16.040) If the proposed use is established under this Conditional Use Permit then discontinued for any reason for a period of six months, the Conditional Use Permit shall become void and the use may not be resumed, except that, upon application during the six month period by the owner and upon showing a good cause, the director of planning may grant an extension not to exceed six months. 8. Exercise and Use of Permit (Section 8.16.020). A. If the Conditional Use Permit is not exercised, used or established within one year of approval, the permit automatically expires. B. A Permit is considered to be exercised, used or established when, within one year of approval, a building permit is issued for the project. C. Upon a showing of good cause, the planning director may, after notice to the planning commission, extend the period for initially exercising the permit for a maximum of one additional year. (Section 8.16.030) Prior to Issuance of Any Building Permit 9. Prior to the issuance of a building permit, the applicant shall pay any and all outstanding fees due to the Town of Moraga Planning Department. 10. Prior to the issuance of a building permit, the applicant is required to submit a Construction and Demolition Debris Recycling Waste Management Plan. The plan shall include an estimate of recyclable materials, potential recyclers, demonstration of that effort and receipts from recyclers. The proof of the recycling effort shall be submitted to the Planning Department prior to the final inspection. All applicants are encouraged to divert fifty-percent (50%) of all project waste from landfills by reuse and/or recycling. 11. Prior to the issuance of a building permit, the applicant shall submit a detailed drainage plan to the Town Engineer for review and approval. Plan shall include drainage of the entire site including but not limited to the existing building, the proposed canopy, and all paved and/or hardscaped areas onsite. 12. Prior to the issuance of a building permit, the applicant shall contact the Contra Costa County Sanitary District to address NPDES requirements for potential fuel spills. This may require re-paving the site to prevent drainage from flowing across the area covered by the canopy. The response from the Sanitary District shall be provided to the Planning Director. If the proposed project requires connection to the existing utilities under Moraga Road, the applicant shall

7

consider boring or other method of connection. pavement on Moraga Road shall be prohibited.

The cutting of the existing

13. Prior to the issuance of a building permit, the applicant shall submit detailed construction plans to the Town Engineer for review and approval. The plans shall include but not be limited to the following: an 18 in. by 18 in. catch basin with a 12 in. sump, a detail of the fuel storage tank, storm water pickup and discharge system. 14. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan for review and approval by the Design Review Board. The plan shall enhance the existing landscaping on the project site in keeping with the Scenic Corridor and the existing 10 ft. wide landscaping planter shall be retained (except for the curbcut). Prior to the issuance of certificate of occupancy, the new landscaping shall be installed and the applicant shall enter into an agreement with the Town for installation and maintenance of landscaping and irrigation facilities. The amounts of landscaping shall not be reduced, nor shall the location of such landscaping areas be changed on the site plan approved to the Design Review Board. 15. Prior to the issuance of a building permit, the applicant shall submit the development plans to the Fire Marshal for review and approval. 16. Prior to issuance of a building permit, an acoustical analysis prepared by a qualified professional shall be submitted for review and approval to the Town of Moraga Planning Department demonstrating that noise levels from the proposed use, including but not limited to those generated by the carwash and air station vacuum, will not exceed 60 dba during the day at the east, south, and west property lines and 50 dba during nighttime hours at the east, south, and west property lines. 17. All existing signage is hereby nonconforming and shall be removed. Applicant shall submit signage plan for Design Review approval prior to issuance of building permit. 18. If the proposed project requires export or import of more than 500 cubic yards of dirt, a hauling permit shall be required in accordance with PC Resolution 46-82. However, if the volume of the export or import is less than 500 cubic yards, a hauling permit is subject to review and approval by the Town Engineer. 19. Prior to the issuance of a grading permit, the required soils report shall be submitted to and approved by the appropriate State and County agencies. The proof of the approval shall be submitted to the Moraga-Orinda Fire District and Planning Department. During Construction

8

20. The approved use and/or construction are subject to, and shall comply with, all applicable Town Ordinances and laws and regulations of other governmental agencies. 21. Construction shall be limited to Monday to Friday, between the hours 8:00 AM and 5:00 PM. All equipment used on the job site shall be adequately muffled and maintained. Stationary noise generating equipment, such as concrete pumpers, shall be located as far away from adjacent homes as possible. 22. Parking of all construction vehicles and equipment on Moraga Road and Rheem Boulevard is prohibited. Grading equipment and tractor tread vehicles shall be delivered to the property by trailer and kept on-site during any excavation, and all construction vehicles shall be kept on-site during any construction operations. 23. Moraga Road shall be swept clean of any soil that may be tracked onto the street from the project site during construction. 24. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Lamorinda Building Department, and carry out any necessary corrective action to their satisfaction. 25. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site. 26. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter thick and secured to the ground. 27. All active construction areas shall be watered at least twice daily, and all piles of debris, soil, sand or other loose materials shall be watered or covered. 28. The applicant and their contractors shall be responsible for preventing spills of soil, rock or other debris on Town streets when the site is cleared for the new construction. If any spills occur, then the applicant will be held responsible for the immediate cleanup of the spill and repair of any damage that may have been done to the street. The correction of the problem shall be made to the satisfaction of the Town Engineer. 29. Trucks hauling debris, soil, sand, or other loose materials shall be covered or required to maintain at least two feet of board. 30. Public streets shall be swept (preferably with water sweepers) of all visible soil material carried from the site. 31. The applicant and their contractors shall be responsible for preventing spills of soil, rock or other debris on Town streets during construction. If any spillage 9

occurs, then the applicant will be held responsible for the immediate cleanup of the spill and repair of any damage that may have been done to the street. The correction of the problem shall be made to the satisfaction of the Town Engineer. 32. Sand/oil interceptor may be required for the storm drain, subject to Town Engineer approval. If there is no such interceptor, then one shall be installed pursuant to the policies of NPDES and the RWQCB Prior to Issuance of Certificate of Occupancy or Final Inspection 33. The project shall conform to the plans and statements in the Conditional Use Permit and conditions of approval. 34. All landscape, site, architectural improvements, and signage changes shall be completed per the plans approved February 6, 2012, as modified by these conditions of approval and Design Review Board conditions of approval. 35. Prior to the final inspection, “Right Turn Only” signs shall be installed onsite at both of the driveways for egressing vehicles. Other onsite directional signs may be required by the Town Engineer or Design Review Board, such as an entrance only sign south of the southerly driveway or painted directional signs on the pavement. These directional signs shall be reviewed and approved by the Town Engineer and Final Design Review and may be subject to Transportation Safety Advisory Committee (TSAC) review and approval. 36. Prior to the issuance of a certificate of occupancy, all sidewalk and curb sections along the front of the site that are damaged or displaced horizontally or vertically shall be replaced to the satisfaction of the Town Engineer. 37. Prior to the issuance of a certificate of occupancy, the approved landscaping shall be installed and the applicant shall enter into an agreement with the Town for maintenance of landscaping. The amounts of landscaping shall not be reduced, nor shall the location of such landscaping areas be changed, without Design Review Board approval. 38. Project shall be subject to all stormwater, drainage, and C.3 regulations, as applicable. At All Times 39. If excess noise generated by the service station (exceeding 60 dba in daytime and 55 dba nighttime) occurs at the south and/or southeasterly property lines adversely impacting neighboring properties, noise attenuating walls and landscaping shall be installed along the interior side property lines (east and south) to reduce the noise to acceptable levels, as demonstrated by a qualified professional. If installed, the landscape shall be subject to any landscape maintenance agreement in place at the time.

10

40. The sale or dispensing of alcoholic beverages is prohibited. Any sale of alcoholic beverages documented by the Town shall be cause for revocation of this permit. 41. The products for sale in the convenience store shall be restricted to prepared coffee, bottled water and sodas, packaged food items, film, gum, candy and similar. The sale of fresh, unprepared, perishable items such as milk, eggs, fruit and vegetables shall also be allowed. Minor automotive maintenance products such as oil and gas treatment shall be allowed inside the mini-mart. Sales of hot or prepared food items shall be prohibited. Any change to product sales shall require a modification to this Conditional Use Permit. 42. Public telephones, vending machines or similar accessory public devices shall be located inside the convenience store. There shall be no outside storage, display or sales of any material. All activities shall be conducted within the enclosed building except for the pumping of gasoline, propane, and use of the vacuum air station. 43. The automobile services shall be limited to oil and filter change operations. Other types of repairs including but not limited to partial or full engine and transmission rebuilding and sales and installation of new tires shall be prohibited. 44. No vehicles, operable or inoperable, shall be stored or advertised for sale at the site. No vehicle, operable or inoperable shall be stored outside overnight. If in the event an automobile is left overnight, it shall be stored inside the service bay. 45. No vehicles, operable or inoperable, shall be serviced outside the service bay. All auto service work shall take place inside the service bay. 46. The storage, handling and disposal of hazardous materials shall be in compliance with all rules and regulations of the Federal, State and the County Department of Environmental Health. 47. All employees of the gas station, convenience store, carwash, or service/repair shop shall park to the rear of the building during the hours of operation of the proposed service station. 48. The hours of operation are limited to 6:00 a.m. to 10:00 p.m., seven days a week for fuel sales and the convenience store. The auto service facility and carwash hours of operation are limited to 7:00 a.m. to 6:00 p.m., seven days a week. Any expansion of these hours shall necessitate an amendment to this permit, subject to review by the Planning Commission. 49. Deliveries shall be prohibited between peak hours of 7 AM – 9 AM and 4 PM – 6 PM, Monday through Friday to avoid traffic delays or congestion during peak hours. 50. All signage shall be subject to Moraga Municipal Code Section 8.88.220 (Service Station Signs) and shall require Design Review Board approval. The design, 11

graphics, placement, number and details of all signs shall be in compliance with the Sign Ordinance and is subject to review and approval by the Design Review Board. 51. Portable signs including but not limited to A-frame signs, signs supported by wires and signs attached to vehicles are prohibited under the Town’s Sign Ordinance. No lighted signs shall be permitted on the building or premises. 52. The applicant shall sweep all paved areas monthly and inspect and clean the storm drains system in early September and late October of each year. 53. The underground gasoline storage tanks shall be replaced and/or maintained and routinely inspected by the appropriate governmental agency(s) and equipped with early warning devices that meet the Contra Costa County and State of California standards. 54. All exterior lighting shall be shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property. Applicant shall submit detailed lighting plans for Design Review Board review and approval. 55. The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. The operator shall give surveillance to public areas near the establishment, keep such areas free of trash and litter on a daily basis, and otherwise attempt to prevent conduct that might disturb the peace and quiet of any use in the vicinity. 56. The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian or automobile activity on the adjacent public sidewalk or street. 57. Automotive repairs and excessive engine idling or reving shall not be permitted outside of the building. 58. Any vehicle(s) used to deliver automobiles to or from the site shall be kept free of leaks. 59. No speed testing shall be allowed on public or neighboring streets. 60. The storage, handling and disposal of hazardous materials shall be in compliance with all rules and regulations of the Federal, State and the County Department of Environmental Health. 61. This entitlement and each condition contained herein shall be binding upon applicant and any transferor, or successor in interest. 62. If construction is not commenced within one year from the date of final action the permit becomes null and void. However, this discretionary action may be renewed by the Planning Director for a maximum period of one (1) year provided 12

the applicant places such a request in writing to the Planning Director showing good cause prior to the expiration of the discretionary action. 63. Within six months after the cease of the operation of the proposed service station, the owner of the property shall remove the underground fuel tank, canopy, vacuum air station, signage and automatic carwash and close the northerly driveway. 64. The applicant shall enter into an enforceable agreement prepared and approved by the Town Attorney to insure compliance with the conditions of use permit approval herein and provides for revocation of use permit in the event of noncompliance. The applicant shall be required to post a Certificate of Deposit or other security in an amount and form acceptable to the Town Attorney. The security shall be available for use by the Town to recover any costs incurred by the Town in enforcing the use permit or agreement, including but not limited to the cost of attorney’s fee. The agreement shall also contain provision for fines if permit conditions are violated and for the recovery of any unpaid fines. The applicant shall enter into this agreement within 30 days from the date of the approval of the use permit. 65. Failure of the applicant or any successor to comply with any of the conditions of this resolution or applicable provisions of the Town of Moraga Municipal Code or the laws, rules and regulations of any other governmental entity having jurisdiction over any of the activities conducted on the site shall be cause for the commencement of proceedings to revoke this use permit. The failure by the Town to proceed against the applicant or any successor for any violation shall not constitute or be deemed a waiver of the Town’s right to proceed against the applicant for any subsequent violation. Nothing in this use permit shall limit in any manner the authority to the Town of Moraga to apply and/or enforce any provisions of the Municipal Code to this use permit 66. This entitlement and each condition contained herein shall be binding upon applicant and any transferor, or successor in interest. ADOPTED by the Planning Commission of the Town of Moraga on February 6, 2012, by the following vote: AYES: NOES: ABSTAIN: ABSENT:

13

___________________________ Stacia Levenfeld, Chair ATTEST:

__________________________ Shawna Brekke-Read Planning Director

14

ATTACHMENT E PROJECT PLANS