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Zoning Administrator Staff Report December 10, 2012

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Zoning Administrator Staff Report December 10, 2012 ZONING ADMINISTRATOR STAFF REPORT DECEMBER 10, 2012 Project: CADILLAC-BUICK-GMC TEMPORARY SALES OFFICE (PLN2013-00091) Proposal: To consider a Zoning Administrator Permit to allow a temporary sales office to be installed on the property during construction of a new automobile dealership to enable the owner of the dealership to begin conducting sales of vehicles. Recommendation: Approve, based on findings and subject to conditions. Location: 5939 Auto Mall Parkway in the Bayside Industrial Community Plan Area APN: 531-0220-017-00 (See aerial photo on next page) Lot Size: 4.6 acres (±202,062 square feet) Floor Area: 1,440 square feet (modular sales office) People: Underwood & Rosenblum, Inc. (David Voorhies, P.E.), Project Engineer Fremont Real Estate Investments, LLC (Inder Dosanjh), Applicant/Owner Stephen Kowalski, Staff Planner, (510) 494-4532; [email protected] Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15311, Accessory Structures. General Plan: Commercial - Regional Zoning: Planned District P-2008-190 (Fremont Auto Mall) EXECUTIVE SUMMARY: The applicant is proposing to install a temporary, modular sales office on the subject property where a new automobile dealership is currently under construction so that he can begin selling vehicles at the site before construction of the dealership is completed. Fremont Municipal Code (FMC) Section 8-22163 allows the installation of temporary sales offices at housing construction sites subject to the approval of a Zoning Administrator Permit to enable homebuilders to begin selling units before they are finished. Allowing the applicant to install a temporary sales office at the dealership site would be similar in nature to a temporary tract office since it would only be a temporary use that would be removed from the property as soon as the permanent dealership facility is constructed. As such, staff recommends the Zoning Administrator approve the request for the Zoning Administrator Permit as shown in Exhibit “A,” based on the findings and subject to the conditions contained in Exhibit “B,” attached hereto. BOSCELL RD BOSCELL CMN CHRISTY ST AUTO MALL PKWY BOSCELL RD BOYCE RD AUTO MALL PKWY CHRISTY ST Project Site (building shown AUTO MALL PKWY in photo has already been PACIFIC COMMONS BLVD AUTO MALL PKWY demolished) CURIE ST CUSHING PKWY BOSCELL RD CURIE ST AUTO MALL PKWY AUTO MALL CIR CUSHING PKWY BOSCELL RD NOBEL DR AUTO MALL PKWY Figure 1: Aerial Photo (2009) of Project Site and Surrounding Area. SURROUNDING LAND USES: North: General industrial uses; G-I zoning district South: Automobile dealerships; Planned District P-88-15B (Fremont Auto Mall) East: Light industrial and regional commercial uses; Planned District P-91-8 and Planned District P-2000-214 (Pacific Commons) beyond West: Open space and general industrial uses; G-I zoning district Item 3. GM Temp Sales Office ZAP - sk PLN2013-00091 December 10, 2012 Page 2 of 8 BACKGROUND AND PREVIOUS ACTIONS: The project site previously housed a freight forwarding facility built for USF Reddaway in the late 1980s which was demolished with permits in March 2012. On November 4, 2008, the General Motors Corporation obtained approval from the City Council to rezone the property to be included as part of the Fremont Auto Mall to enable the construction of a future General Motors automobile dealership on the site (PLN2008-00190). In June 2012, the applicant and current property owner obtained a building permit to construct a 38,148-square-foot dealership on the property that will offer vehicles under the Cadillac, Buick and GMC brands. This dealership is currently under construction and is expected to be completed and open for business in the spring of 2013. PROCEDURE FOR TODAY’S HEARING: At today’s hearing, the Zoning Administrator is charged with completing the following task: 1. Consider the request for approval of the proposed Zoning Administrator Permit to allow a temporary sales office at the subject site to enable the owner of the automobile dealership to begin conducting sales while the permanent dealership is under construction, based on the findings for Zoning Administrator Permits specified in FMC Section 8-22552. PROJECT DESCRIPTION: The applicant is proposing to install a temporary sales office at 5939 Auto Mall Parkway, the site of a future Cadillac-Buick-GMC dealership that is currently under construction and expected to be completed in the spring of 2013. This temporary office would enable the applicant to begin selling vehicles under these three brands from the site before construction of the new dealership building is completed. The temporary sales office would be a pre-fabricated modular building (trailer) that would be located within a portion of the parking lot having direct public access to Auto Mall Parkway via the existing driveway. The trailer would measure 24 feet in width by 60 feet in length, and contain 1,440 square feet. The applicant would designate five parking spaces (seven standard stalls and one accessible stall) immediately adjacent to the office for customers, and another ten spaces at the rear of the sales area for employees. The remainder of the paved parking areas outside of the dealership construction zone (approximately 156 spaces) would be used to display inventory vehicles. The applicant would remove the sales office from the property as soon as the permanent dealership facility is constructed, provide permanent customer parking spaces adjacent to the main entrance of the new facility, and revert the temporary sales area back to additional inventory storage area. The construction zone for the dealership would be cordoned off with temporary chain-link fencing to prevent customers from driving into areas occupied by construction workers. To facilitate emergency vehicle access throughout the property while the dealership is under construction, the applicant would be required to install two vehicle gates in the construction fencing at the ends of the sales area drive aisles to enable fire engines that are too large to turn around on site to drive through the construction zone and exit onto Boyce Road during an emergency. Item 3. GM Temp Sales Office ZAP - sk PLN2013-00091 December 10, 2012 Page 3 of 8 PROJECT ANALYSIS: General Plan Conformance: The existing General Plan land use designation for the project site is Commercial-Regional. Properties with this land use designation are intended to accommodate large-scale retailers and retail uses such as “big box” stores, regional shopping malls, and auto malls. The proposed use is consistent with the following goals and policies of the Economic Development, Safety, and Bayside Industrial Community Plan Elements of the General Plan: Economic Development Goal 6-1: A Dynamic Local Economy – Create and sustain a dynamic local economy that attracts investment, increases the tax base, generates public revenues, creates employment, provides recreational, shopping, and service opportunities for residents, and maintains a balance of jobs and housing. Economic Development Policy 6-1.1: Increasing the Tax Base – Encourage economic development that generates sales tax, property tax, and other revenues that help sustain municipal service. Safety Goal 10-4: Fire Hazards – Minimum risk to life and property resulting from fire hazards. Safety Policy 10-4.1: Fire Safety and Prevention – Promote fire safety and prevention in the community. Bayside Industrial Community Plan Area Policy 11-2.6: Auto Mall – Maintain the Fremont Auto Mall as the premier auto sales center in the Southeast Bay Area, and an important source of revenue for the City of Fremont. Analysis: Allowing the proposed use at the subject site would enable the applicant to begin selling vehicles from the premises before the permanent dealership facility is completed. Automobile sales are a major source of sales tax revenue for the city, so allowing the temporary sales trailer would hasten the commencement of sales tax revenue generation by the dealership and make a positive contribution to the city’s fiscal health. Staff is requiring the applicant to install vehicle gates in the fencing separating the construction zone from the temporary sales area so that fire engines and other large emergency vehicles that might have to respond to an emergency at the site can circulate through the entire property by passing through the gates without having to turn around. Zoning Regulations: The project site is located within the Fremont Auto Mall Planned District (P-2008-190). FMC Section 8-22163 allows the installation of temporary tract sales offices at housing construction sites subject to the approval of a Zoning Administrator Permit to enable homebuilders to begin selling units before they are finished. Staff has determined that allowing the applicant to install a temporary sales office at an automobile dealership site would be similar in nature to a temporary tract office since it would only be a temporary use that would be removed from the property as soon as construction of the permanent dealership facility is completed. As such, the proposed use requires approval of a Zoning Administrator Permit by the Zoning Administrator. Item 3. GM Temp Sales Office ZAP - sk PLN2013-00091 December 10, 2012 Page 4 of 8 FINDINGS FOR APPROVAL: Zoning Administrator Permit: Pursuant to FMC Section 8-22163, temporary sales offices at construction sites require approval of a Zoning Administrator Permit. Per FMC Section 8-22552, the Zoning Administrator must consider the following five items when reviewing Zoning Administrator Permit applications: (a) The suitability and adequacy of the site for the proposed use; Analysis: The majority of the site is currently a construction zone where a new automobile dealership is being built. The portion of the property that would be used to accommodate the temporary sales office and vehicle inventory display area will be finished, landscaped, and made accessible to the public and to emergency vehicles, and fully equipped to handle customer traffic and vehicle displays and sales in the interim while the permanent dealership is under construction.
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