REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on a Conditional Use Permit for a New Drive-through Restaurant (PLN22-00428) at 3575 Stevens Creek Boulevard (CEQA: Class 3 Categorical Exemption Section 15303).
Report
REPORT IN BRIEF
Applicant: Frank Coda
Owner: PFLP, LLC
General Plan: Regional Commercial
Zoning: C-R Regional Commercial
Site Area: 0.55 Acres
Existing Site Conditions: Existing two-story vacant office building and surface parking lot.
Surrounding Land Uses
North: Office and daycare uses
South: Auto dealerships across Stevens Creek Boulevard in San Jose
East: Commercial uses
West: Commercial uses
Issues: Consistency with the City’s General Plan and Zoning Ordinance
Staff Recommendation: Adopt a Resolution approving a Conditional Use Permit to allow a new drive-through restaurant located at 3575 Stevens Creek Boulevard.
BACKGROUND
On October 05, 2022, Frank Coda (“Applicant”) filed an application (File No. PLN22-00428) to demolish an existing two-story 7,266 square foot commercial building and construct a new 2,300 square foot drive-through restaurant with outdoor seating and surface parking lot. The project proposes improved landscape on site and new streetscape along Stevens Creek Boulevard and Harold Avenue.
Pursuant to section 18.38.040(a) of the “Classic” Santa Clara City Code, which was still in effect when the application was deemed complete, drive-through facilities are allowable use subject to Planning Commission review and approval of a Conditional Use Permit. Architectural Review will be evaluated during a subsequent Development Review Hearing consistent with sections 18.120.020.D7 and 18.120.020.D.8 of the Updated Zoning Code.
DISCUSSION
Project Overview
The project site is located at the northeast corner Stevens Creek Boulevard and Harold Avenue. The project proposes the demolition of an existing 7,266 square-foot commercial building to construct a new 2,300 square foot drive-through Starbucks restaurant with outdoor seating, onsite and offsite improvements, and surface parking lot. Proposed operating hours for the store and drive-through are 4 A.M. to 10 P.M., seven days a week. Trash collection is planned 1-2 times per week, Monday to Friday between 7 A.M. and 5 P.M.
Offsite improvements include new vehicle and pedestrian access, new 10-foot sidewalk and four-foot landscape strip with three new street trees along Stevens Creek Boulevard. Onsite improvements include new landscape, bicycle parking, features consistent with the Americans with Disabilities Act (ADA), stormwater treatment and trash enclosure. The applicant provided the project description in Attachment 5.
General Plan and Zoning Consistency
The subject property has a General Plan designation of Regional Commercial. This designation supports restaurant uses that serve Santa Clara residents, visitors, and the surrounding employment area. The proposal would create a new restaurant along the Stevens Creek Boulevard and add to the mixed of commercial uses along this major corridor. The proposed project provides a new street-front building, on-site and off-site improvements that further the vision of General Plan’s goals and policies for this corridor. The project is on balance consistent with General Plan Policies as described in the following:
General Land Use Policies:
• 5.3.1-P2: Encourage advance notification and neighborhood meetings to provide an opportunity for early community review of new development proposals.
In that the applicant conducted public outreach through mailings and public meetings to involve neighboring property owners in the design of the project.
• 5.3.1-P10: Provide opportunities for increased landscaping and trees in the community, including requirements for new development to provide street trees and a minimum 2:1 on‐ or off‐site replacement for trees removed as part of the proposal to help increase the urban forest and minimize the heat island effect.
• In that the project proposes to increase the landscaping and trees on the site, including street trees to help increase the urban forest and minimize the heat island effect.
• 5.3.1-P12: Encourage convenient pedestrian connections within new and existing developments.
In that the project proposes new public sidewalk and an on-site pathway to encourage convenient pedestrian connections within the new and existing development.
• 5.3.1-P19: Maximize opportunities for the use and development of publicly‐owned land to achieve the City’s economic development objectives and to provide public services and amenities.
In that the project provides a separated sidewalk and improves the pedestrian crossing for ADA accessibility, thus maximizing the opportunities for the use and development of publicly-owned land to achieve the City’s economic development objectives and provide public services and amenities.
• 5.3.1-P29: Encourage design of new development to be compatible with, and sensitive to, nearby existing and planned development, consistent with other applicable General Plan policies.
In that the proposed design is compatible with the scale and style of commercial establishments along Stevens Creek Boulevard.
General Commercial Land Use Goals and Policies:
• 5.3.3-G4: New commercial uses that respect surrounding neighborhoods and are sited to reduce potential land use conflicts.
and
• 5.4.1-P6: Encourage lower profile development, in areas designated for Community Mixed Use in order to minimize land use conflicts with existing neighborhoods.
In that the project proposal was designed to reduce potential land use conflicts with the relocation of the trash enclosure, orientating the ordering menu speakers away from the residential uses, providing outdoor seating towards Stevens Creek Boulevard, and relocating the building away from the residences.
• 5.3.3-P1: Work with existing Santa Clara businesses to retain and expand employment opportunities and strengthen the existing tax base.
In that the proposed restaurant would provide a mix of commercial and retail uses to meet the needs of local customers and draw patrons from the greater region.
• 5.3.3-P13: Prohibit development on Heavy Industrial designated properties from exceeding the intensity or including uses beyond those defined in the land use classification.
In that the project provides an outdoor dining area that is accessible from the public sidewalk on Stevens Creek Boulevard.
Noise
As a response to the community feedback on noise, the applicant voluntarily hired Eilar Associates, Inc., an acoustical consultant ,to prepare an assessment (Attachment 6) of permanent project-generated noise impacts to determine if the project design features are necessary and feasible to reduce project-related noise impacts to comply with applicable noise limits. The City requires that noise levels from project-generated sources, such as drive-through intercom equipment, rooftop HVAC equipment, and truck deliveries must be adequately controlled at surrounding receivers. According to Santa Clara City Code Section 9.10.040, during the most restrictive nighttime hours of 10 p.m. to 7 a.m., noise levels from on-site noise sources should not exceed 50 dBA at single-family residential properties and 60 dBA at commercial properties.
The report concluded that, as currently designed with the existing property line walls and fences in place, exterior noise levels from the proposed intercoms, rooftop equipment, and truck deliveries are expected to meet the applicable noise limits defined by the City at all surrounding receivers. Additionally, project-generated traffic noise is also expected to be less than significant. Therefore, no mitigation is necessary to reduce project-generated noise impacts.
Transportation & Parking
The proposal would remove all existing driveways and proposes a new entry-only (right-in) driveway on Stevens Creek Boulevard and a full access driveway on Harold Avenue. The drive-through is accessible from a single-car driveway access on Harold Avenue and upon entry onto the property splits into two ordering lanes. This access arrangement is dictated primarily due to safety concerns of having vehicles exiting onto Stevens Creek Boulevard.
The surface parking lot on site will provide 16 standard vehicle parking spaces and three accessible parking spaces for a total of 19 onsite spaces. This exceeds the City minimum parking requirement of 12 spaces at a ratio of 1:200 square feet of retail use.
Vehicle Miles Traveled
Vehicle Miles Traveled (VMT) measures the amount and distance a proposed development project might cause people to drive. The City’s Vehicle Miles Traveled Transportation Analysis Policy requires all projects to evaluate and disclose transportation environmental impacts by measuring VMT per the California Environmental Quality Act (CEQA). Level of Service (LOS) is also evaluated as an operational measure of intersection efficiency, which is not defined as a transportation environmental impact per CEQA. The VMT policy establishes certain projects that are presumed to have a less than significant impact per the State’s guidance and will not require a VMT analysis. Since this is a retail project of only 2,300 square feet, it falls under the “Local Serving Retail” category. According to the City of Santa Clara’s SB 743 (2013) VMT guidelines, local serving retail (retail uses under 50,000 square feet) do not require a VMT analysis.
As a response to the community feedback regarding potential traffic impacts, the applicant voluntarily conducted a transportation study (Attachment 5) prepared by TJKM. The study assessed trip generation, LOS, and queuing. In terms of traffic operation, the study finds that the proposed project is expected to account for a minimal increase (fewer than 100 net new daily trips) in trips generated by the site during a typical weekday and during the morning (a.m.) and afternoon (p.m.) commuter peak hours, relative to the existing retail building by-right. The study also finds that the project is not expected to substantially increase LOS or 95th-percentile vehicular queues to conditions above jurisdictional thresholds (all LOS levels remain the same as “no project conditions” and queues (which occur 1/20th of the time during the peak hours) increase by at most 143 feet and by-average of all lane groups by only nine feet) and is not expected to create any new major deficiencies with respect to all primary modes of transportation.
Traffic Calming
In addition, the transportation report also addressed the community’s feedback on cut-through traffic, speeding, need for stop sign at Forest Avenue and Harold Avenue, and conditions regarding nearby preschool. For these concerns, TJKM recommends that the applicant coordinate with City’s Department of Public Works to install traffic calming devices along Harold Avenue to reduce cut-through traffic and speeding. As part of this effort, the applicant is making a voluntary contribution towards traffic calming measures on Harold Avenue. Specific measures for Harold Avenue have not been determined yet. The City will design and implement traffic calming measures through the City’s Neighborhood Traffic Calming Program.
Conclusion
The proposal is, on balance, consistent with General Plan policies and is consistent with zoning ordinance requirements, including on-site parking, landscape, site improvement, and development standards. The proposed use will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working within the neighborhood near the proposed use, in that a drive-through restaurant is similar to auto-oriented commercial uses that currently exist along Stevens Creek Boulevard. The design of the drive-through will create an active pedestrian frontage with new sidewalk, landscape, outdoor seating, and pedestrian access. Finally, the proposed use would provide convenience to restaurant guests, meeting the needs of local customers and draws patrons from the local area.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15303, Class 3 New Construction or Conversion of Small Structures, in that the proposed use consists of construction of a new 2,300 square feet structure.
FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expense typically covered by processing fees paid by the applicant.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On November,13 2023 and April, 2 2024, the applicant held virtual community meetings for public feedback. Meeting material and recorded video are available on the ’Citys project website <https://www.santaclaraca.gov/Home/Components/BusinessDirectory/BusinessDirectory/497/2495?npage=3> (Link). There were over 40 participants at each of the virtual meetings. The following are the common concerns raised at the meetings:
• Opposition to drive-through component, including the two drive-through lanes.
• Noise and air quality impacts.
• Vehicle accidents proximity to the project site.
• Cut-through traffic by-passing San Tomas Parkway via Harold Avenue;
• Speeding along Harold Avenue;
• The need for a stop sign at the intersection of Forest Avenue & Harold Avenue; and
• Conditions considering the Nishiyamato Academy Preschool.
The applicant made minor changes to single-lane drive-through access from Harold, but the site layout remains the same. The applicant prepared two noise and traffic studies to assess noise impacts, traffic trips, intersection delays, and queuing impacts. Findings were noted above, and the studies are attached to this report.
On October 25, 2024, a notice of public hearing on this item was mailed to property owners within 500 feet of the project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed project.
Public contact was also made by posting the Commission agenda on the City’s official notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Determine that the project is categorically exempt from formal environmental review per Section 15303(c), New Construction or Conversion of Small Structures; and
2. Adopt a Resolution approving the Conditional Use Permit to allow a new drive-through restaurant at 3575 Stevens Creek Boulevard, subject to findings and conditions.
Staff
Prepared by: Steve Le, Senior Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Reviewed by Sheldon S. Ah Sing, Development Review Officer
Approved by Lesley Xavier, Planning Manager
ATTACHMENTS
1. Resolution to Approve the Conditional Use Permit
2. Conditions of Approval
3. Vicinity Map
4. Project Data & Compliance Table
5. Project Description
6. Traffic Assessment
7. Noise Report
8. Public Correspondence
9. Development Plans