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Project Title: |
New Take-Out Food Establishment for the Gateway Market - Land Use Permit and Parking Variance |
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County File(s): |
CDLP24-02027 |
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Applicant/Owner: |
Mark Whitlock / Rajbir Sarkaira |
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Zoning/General Plan: |
Retail Business (R-B) and Mobile Home/Manufactured Home Park (T-1) / Commercial (CO) |
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Site Address/Location: |
3615 Gateway Road, Bethel Island (APN: 029-050-064) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, Class 1: CEQA Guidelines Section 15301(a) - Existing Facilities |
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Project Planner: |
Dominique Vogelpohl, Senior Planner (925) 655-2880 Dominique.Vogelpohl@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
A request for approval of a Land Use Permit to add a commercial kitchen within the existing Gateway Market building to establish a take-out food business. The project includes a request for a Variance to allow 23 parking spaces (where 31 spaces are required) and no bicycle parking.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
A. APPROVE the Land Use Permit and parking Variance (County File #CDLP24-02027), based on the attached findings and subject to the attached conditions of approval;
B. DETERMINE that the proposed project is categorically exempt from CEQA under Section 15301(a) of the CEQA Guidelines; and
C. DIRECT staff to file a Notice of Exemption.
III. GENERAL INFORMATION
A. General Plan: The subject property is located within a Commercial (CO) land use designation.
B. Zoning: The subject property is located within a Retail Business (R-B) District and a Mobile Home/Manufactured Home Park (T-1) District.
C. Environmental Review: The project is categorically exempt from the review requirements of the California Environmental Quality Act (CEQA) per section 15301(a), which exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The improvements necessary to create a commercial kitchen within the existing building envelope to operate a new take-out food business is found to be a minor alteration of existing private facility, involving negligible expansion of the existing use.
D. Previous Applications:
1. RZ24-3276: A rezoning application to complete the rezoning of the portion of the property that is Mobile Home/Manufactured Home Park (T-1) to Retail Business (R-B).
2. DP06-3004: A Development Plan was required for rezoning application #RZ05-3162.
3. MS05-0012: A minor subdivision for a 2-lot subdivision where the parcel map was recorded on May 1, 2008.
4. RZ05-3162: A rezoning of the portion of the property that is Mobile Home/Manufactured Home Park (T-1) to Retail Business (R-B).
IV. SITE/AREA DESCRIPTION
The subject site is located on a 1.46-acre property that is on the north side of Gateway Road in Bethel Island. This property is next door to a mobile home park and a undeveloped 3.5-acre property. The Delta Coves residential community is directly across the street. The subject property consists of the Gateway Market, an 8-stall fueling station, and a parking lot with 23 spaces.
V. PROJECT DESCRIPTION
The project is for a Land Use Permit to add a commercial kitchen within the existing Gateway Market building to establish a take-out food business. The kitchen will be installed in an existing meal prep room in the store, and new counter space will be installed next to the existing one so orders and sales can be separate from the market. The store’s business hours are from 7:00 AM to 9:00 PM, and the food establishment will be the same hours. No additional employees are needed.
The project includes a request for a Variance to allow 23 parking spaces (where 31 spaces are required) and no bicycle parking.
VI. AGENCY COMMENTS
A. Bethel Island Municipal Advisory Council (MAC): The Bethel Island MAC recommended approval of the project at their meeting held on February 11, 2025, and had no further comment.
B. Contra Costa County Public Works Department, Engineering Services Division: Engineering Services staff report is attached to this report, along with their recommended conditions of approval.
C. County Transportation Program: In a memo dated June 10, 2025, Transportation staff stated the project being a local-serving food takeout business, it should result in a negligible change in net new peak-hour trip generation, particularly because trips associated with the subject project will be primarily pass-by and internal trips. Therefore, neither Vehicles Miles Traveled (VMT) analysis or Level of Service (LOS) review is required.
D. Contra Costa Health Services, Environmental Health Division (CCEHD): In a memo dated February 12, 2025, CCEHD stated that the project sponsor must obtain a health permit from CCEHD prior to construction and operation.
E. Contra Costa County Fire Protection District: In a memo dated February 11, 2025, the Fire Protection District stated that the project sponsor must obtain a permit from the Fire Protection District prior to construction and operation.
All received agency comments are attached to this staff report.
VII. STAFF ANALYSIS
A. Consistency with General Plan: The subject property is located within the Commercial (CO) land use designation. The intent of the CO designation is to allow 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. The proposed fast-food establishment is consistent within the commercial land use designation and an allowed use with the issuance of a land use permit pursuant to the Take Out Food Ordinance.
B. Zoning Compliance: Once properly rezoned, the project site will be completely located within a Retail-Business (R-B) zoning district. The R-B district is intended to allow sales, demonstrations, displays, services, and other retail business that is conducted within an enclosed building. A commercial fast-foot establishment is considered a service business and therefore meets the intent and purpose of the R-B district.
C. Take Out Food Ordinance: The proliferation of trash, litter and sometimes garbage in areas surrounding take-out food establishments is unsightly, unhealthy and may have a negative effect on nearby property values. While proprietors of such businesses cannot be expected to control the conduct of their customers, they profit from the patronage of such customers, and they have the ability to pass through the costs of clean-up necessitated by illegal disposal of trash, litter and garbage originating from their businesses. It is therefore the intent of the board to impose upon the proprietors of such take-out food establishments, joint responsibility for the proper disposal of trash, litter and garbage originating from their business establishments.
This Land Use Permit will be conditioned to provide a trash bin location plan to verify there are adequate number of bins throughout the site to ensure patrons have ample opportunity to throw away all litter and food wrappings. This Land Use Permit will be conditioned to require at least three times a week, the project proponent to pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on public property within four hundred feet of any boundary of the subject property. This Land Use Permit will also be conditioned to allow any owner of private property located within four hundred feet of any boundary of the subject property, at least three times a week, to request the project proponent pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on such private property visible from a public street. Lastly, a cash deposit, letter of credit or corporate surety bond will be required to ensure compliance with the conditions.
D. Off-Street Parking: The off-street parking ordinance requires that adequate off-street parking is provided at each location given the specific use proposed. Per County Code Section 82-16.406 Required Number of parking Spaces, an approximately 4,000 square-foot market/convenient store requires 1 parking space per every 200 square-feet, which is 20 spaces. The pump station has 8 stalls. 0.9 spaces are required per every fueling stall, totaling 7 spaces. Adding approximately 365 square-feet of restaurant space requires 1 space per every 3 seats or 1 space per every 100 square-feet, whichever is greater. This adds 4 spaces as no patron seating is proposed. Therefore, the total number of required parking spaces is 31 spaces. As the existing parking lot is 23 spaces, and not new parking is proposed, the project includes a request for a Variance to allow 23 parking spaces (where 31 spaces are required) and no bicycle parking.
According to the County Transportation staff, the project being a local-serving food take-out business, it should result in a negligible change in net new peak-hour trip generation, particularly because trips associated with the subject project will be primarily pass-by and internal trips. Therefore, staff recommends approval for the parking variances, which are expanded on in the attached Off-Street Parking Variance Findings section of this staff report.
E. Traffic and Circulation: The project site, the Gateway Market, shares the parcel with a Sinclair gas station. The frontage has already been widened with an AC berm and longitudinal drainage facilities. No additional right of way dedication or improvements are required at this time. There are two existing driveways along the frontage to serve the gas station and market. No changes are proposed.
F. Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse.
Stormwater Water runoff on Bethel Island is collected and discharged to the Delta by the Bethel Island Municipal Improvement District (BIMID). No new impervious surface areas are to be constructed as part of this permit and no changes to the drainage system currently serving the property are proposed. BIMID’s continued oversight of the runoff from the site will satisfy the County’s drainage requirements.
G. Stormwater Management and Discharge Control: A Stormwater Control Plan (SWCP) is required for applications that will create and/or redevelop impervious surface area exceeding 5,000 square-feet in compliance with the County’s Stormwater Management and Discharge Control Ordinance (§1014) and the County’s Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit. As no new or reconstructed impervious areas are proposed, a SWCP will not be required.
H. Floodplain Management: The property is in a Federal Emergency Management Agena (FMEA) Special Flood Hazard Area (SFHA) and is subject to the requirements of the County’s Floodplain Management Ordinance (COC Chapter 82-28). New improvements should be “wet floodproofed” in accordance with FEMA design guidelines. If the improvements being made to the existing building are determined to be “substantial” relative to the building as a whole, the entire building will be subject to retrofitting to meet FEMA requirements.
I. Lighting District Annexation: The subject property is not annexed into the lighting district. The property owner will be required, as a condition of approval, to annex into the County Facilities District (CFD) 2010-1 formed for the Countywide Street Light Financing.
J. Area of Benefit Fee: The project is subject to the requirements of the Bridge/Thoroughfare Fee Ordinance for the East Contra Costa Regional Fee & Finance Authority/ Regional Transportation Development Impact Mitigation (ECCRFFA/RTDIM) and Bethel Island Regional Areas of Benefit, as adopted by the Board of Supervisors. However, both the market and food establishment are commercial uses, so the conversion will not require payment of additional impact fees.
VIII. CONCLUSION
The proposed project is found to be consistent with the County General Commercial (CO) land use designation and the Retail Business (R-B) Zoning District (once the property is completely rezoned). Therefore, staff is recommending approval of County File #CDLP24-02027, based on the attached findings and subject to the attached conditions of approval.