zoning administrator agenda
Transcription
zoning administrator agenda
COMMUNITY DEVELOPMENT SERVICES PLANNING SERVICES ZONING ADMINISTRATOR AGENDA July 8, 2015 CITY HALL, COUNCIL CHAMBERS 3:00 PM 1. 1455 Veterans Boulevard (Redwood Trading Post) Use Permit application (UP2015-08) to establish a retail store within an existing building and non-conforming parking located in the Industrial Park (IP) Zoning District, pursuant to Article 18, 33, & 42 of the Zoning Ordinance. CEQA Status: A Class 32 Exemption (In-Fill Development Projects) Project Planner: Christopher Rogers, 650.780.5939 ZA4-23 REPORT To the Redwood City Zoning Administrator From Planning Staff July 8, 2015 SUBJECT Application for a Use Permit to establish a commercial specialty retail store (Redwood Trading Post) and for nonconforming parking at 1455 Veterans Boulevard in the Industrial Park (IP) Zoning District BACKGROUND The applicant, D. Michael Kastrop, AIA on behalf of Redwood Trading Post, proposes to establish and operate a commercial retail store at 1455 Veterans Boulevard (see Figure 1). The property is located on the north side of Veterans Boulevard, in the Downtown Neighborhood, and within the Industrial Park (IP) Zoning District. The subject property is comprised of 1 acre (44,318 square feet) with two commercial buildings totaling approximately 17,501 square feet (9,400 square-foot subject building at 1455 Veterans Boulevard, and 8,101 square feet for a second building at 1445 Veterans Boulevard). The subject building consists of 8,897 square feet for the ground floor and 503 square feet for a second-story mezzanine. Additionally, the property consists of a landscaping area in the front of the property, and a surface parking lot with 40 on-site parking spaces in the rear of the property. Figure 1 – Aerial of Project Site and Immediate Vicinity 1455 Veterans St. Please note that property lines are approximate. 1 Redwood Trading Post has been in operation since 1952 at its current location at 1305 El Camino Real as a family-owned retail store. Redwood Trading Post sells outdoor furnishings and goods, work wear, tactical gear, and emergency preparedness supplies. However, Redwood Trading Post proposes to relocate to 1455 Veterans Boulevard. The proposed relocated business at 1455 Veterans Boulevard would operate within a 9,400 square foot building that would be comprised of the following areas, as indicated in Table 1 below. Square Footage Primary Retail Accessory Retail Backstock Mezzanine/ Office Storage Total 5,237 2,517 760 503 383 9,400 Table 1 Redwood Trading Post currently operates, and will continue to operate, with five full-time employees and five part-time employees, and a maximum work shift of seven employees onsite. Redwood Trading Post’s hours of operation are currently and will continue as, Monday through Friday from 9:30am to 6:00pm and Saturday and Sunday from 10:00am to 6:00pm. Redwood Trading Post also holds extended hours on Thursday, operating from 9:30am to 7:00pm. Redwood Trading Post also proposes to upgrade the rear exterior of the building with the removal of existing roll-up doors and the installation of new awnings and storefront window and door systems for customer ingress and egress of the building. Additionally, the application includes the installation of new window graphics on the front storefront windows facing Veterans Boulevard. The window graphics includes a landscape scene of nature with mountains and trees. ANALYSIS The project site is located within the IP Zoning District. The IP Zoning District allows for, “combined retail and wholesale office equipment stores and accessory office supply sales, and floor covering stores and furniture stores.” Thus, the operation of a specialty retail store for outdoor furnishings and goods, work wear, tactical gear, and emergency preparedness supplies would be similar with a combined retail and wholesale office equipment store, because 30 percent of the floor area will be used for accessory retail consisting of the sales of rain wear, and footwear, etc. Redwood Trading Post will also have similar hours of operation, number of employees, and specific items/equipment sold solely for the purpose of emergencies and outdoor recreation, similar to a combined retail and wholesale office store with items/equipment also sold solely for the purpose of an office. Additionally, Redwood Trading Post is a destination establishment for emergency and outdoor recreational items, as a retail and wholesale office store for office products. The business is also similar to a floor covering store and furniture store, because 70 percent of the floor area will be dedicated to the display of large goods such as tables and chairs, stoves, tents, boats coolers, and more. Pursuant to Section 18.1 of the Zoning Ordinance, the purpose of the IP Zoning District is, “To provide a set of regulations which will ensure the creation of an environment exclusively for and conducive to the development and protection of modern large-scale administrative facilities, research institutions, specialized manufacturing organizations, specified retail establishments all of a type in which the architecture, landscaping, and operations of the uses 2 is such that each is a credit to the other and investment in well designed and maintained plants and grounds is secured by the maintenance of the highest standards throughout the district.” Thus, staff would consider the Redwood Trading Post a similar and compatible specified retail use, because of the combined retail sales and wholesale outdoor equipment, which is not typically sold in a conventional retail store. Additionally, Redwood Trading Post is also similar to a floor covering and furniture store, by selling specialized and large products for outdoor activities and emergency preparedness also not typically sold in a typical retail store. Tom’s Outdoor Furniture is located on the same subject parcel, and operating as an outdoor furniture retail store in a building that totals approximately 8,101 square feet. Additionally, there are other retail stores on the adjacent block to the west on Veterans Boulevard in the IP Zoning District, that are operating in spaces less than 30,000 square feet, as indicated in table 2 below. Retail Use (Store) Tom's Outdoor Furniture Tuesday Morning Party City Pet Food Depot Dollar Deal Hoot Judkins Furniture Kohlweiss Auto Parts Square Feet (approximately) 8,101 14,055 10,802 7,201 7,201 28,805 26,304 Table 2 Article 30 of the Zoning Ordinance outlines parking requirements for the various uses operating on the project site. Table 3 below outlines the uses, parking ratio, and the required number of parking stalls required for the operation of the uses on the project site. Building Area Use Primary Retail/ Furniture Store Retail Accessory Retail Backstock Warehouse Storage Mezzanine Office Office Use 1455 Veterans Boulevard Subtotal 1445 Veterans Boulevard Retail Furniture Retail Storage Warehouse Office Office Subtotal Total 1445 & 1455 Veterans Boulevard Total Square Footage Employees1 5,087 2,517 760 383 503 150 7,604 n/a 9,400 4,861 2,835 405 8,101 Square Footage 17,501 Parking Ratio 1/500 Total Parking Required Sub. Total (Subtotal Parking + Employees) Parking 1/200 10.174 12.585 1.646 1,646 7 1/1000 150 n/a 1/250 .6 9,400 4,861 7 n/a 1/500 25.005 9.722 32 2,835 405 6 n/a 1/1000 1/250 2.835 1.62 8,101 6 14.177 21 17,501 13 52.182 53 Table 3 1 Maximum number of employees is required in the calculation of warehouse parking requirement 3 53 Parking stalls are required for the operation of the uses on the project site. The project site, however, only provides 40 on-site parking stalls. With only 40 of 53 required parking spaces provided on-site, the project site would be considered non-conforming, and the project would have to comply with the following findings indicated in Section 33.19 of the Zoning Ordinance (Non-conforming Parking – Nonresidential) for processing of the application. In reviewing the non-conforming parking for the project site, the applicant has indicated at their existing site located at 1455 El Camino Real, the building is approximately 9,300 square feet with a total of 18 on-site parking spaces. The applicant has also indicated that based on sales over a typical two week period, the average number of customers per day is roughly 100 patrons, which translates to approximately 12 to 15 customers per hour. Additionally, the existing retail establishment (Tom’s Outdoor Furniture), operates seven days a week during the hours of 10AM to 6PM, with 6 employees and 15 to 20 customers per day, which translates to approximately 2 customers per hour. Therefore, with the frequency of Tom’s Outdoor Furniture and Redwood Trading Post, a maximum of 30 on-site parking spaces (17 customers, 13 employees) would be needed for customers and employee parking, where 40 parking stalls is provided on site for the two stores. USE PERMIT FINDINGS Pursuant to Section 42.3 of the Zoning Ordinance, the Zoning Administrator’s Action on the Use Permit shall be granted only if the Zoning Administrator is also able to make the following findings: That the proposed use will be consistent with the various elements and objectives of the General Plan and any applicable Specific and Precise Plans, and Zoning Regulations for the subject location. The Zoning Administrator had determined that Redwood Trading Post is a similar and consistent use with Article 18.4(J&K) for combined retail and wholesale office equipment stores and accessory office supply sales, and floor covering stores and furniture stores in the Industrial Park Zoning District (IP). The purpose of the IP Zoning District is to, “To provide a set of regulations which will ensure the creation of an environment exclusively for and conducive to the development and protection of modern, large-scale administrative facilities, research institutions, specialized manufacturing organizations, specified retail establishments all of a type in which the architecture, landscaping, and operations of the uses is such that each is a credit to the other and investment in well designed and maintained plants and grounds is secured by the maintenance of the highest standards throughout the district.” Thus, the proposed specialized retail store would be consistent with the purpose and intent of the Zoning Ordinance by allowing a specified retail establishment that is consistent with a permitted use, because of the similarity of retail sales of large outdoor furnishings and equipment not typically sold in a typical retail store. The specialized retail store is also consistent with the Redwood Creek (RC) General Plan designation by providing an establishment that allows for general retail and commercial services. 4 The Zoning Administrator has determined that the proposed use is consistent with uses identified in Article 30 of the Zoning Ordinance, with the available parking on-site for the two establishments. Moreover, the non-conforming parking is consistent with the RC General Plan designation by providing a retail store with on-site parking. That the proposed use is compatible with surrounding uses. The proposed specialized retail store is compatible with surrounding uses on Veterans Boulevard, such as Tom’s Outdoor furniture which sells furniture and large items, which is considered a permitted use. Additionally, with the operation of a specialized retail use, Redwood Trading Post is also similar in floor area as other retail establishments located on Veterans Boulevard, as indicated in Table 2 above. The proposed use will typically operate with similar hours of operation as adjacent uses. The proposed use would also be consistent with the purpose and intent of the Zoning Ordinance by allowing a retail store that sells specialized merchandise by operating and congregating with other retail uses in the IP Zoning District to not create offense to each other or neighboring districts. The building has also been designed with landscaping at the front of the property and the parking at the rear, to create an urban presence on Veterans Boulevard. The non-conforming parking is compatible with other surrounding uses, in that when the building was designed, as well as all the other buildings in the area and IP Zoning District, the properties complied with the parking requirements. However, with revisions to the parking ratios of the Zoning Ordinance over the years, the parking ratio has increased thereby making most, if not all, of the uses in the surrounding area noncompliant. That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment. The use will operate as other retail uses on Veterans Boulevard, with similar hours of operation and be conducted within the confines of the building to attenuate any noiserelated concerns at the facility. With the proposed use operating within the confines of the building, the establishment and operation of the proposed use will also not create any public health issues or safety concerns for the general welfare or the environment. The use will also be conducted within a building that is similar to the existing location, which has been in operation since 1952, and has not created any detriment to public health or safety, general welfare, or the environment. The proposed non-conforming parking will not be detrimental to the public health or safety, general welfare, or environment, because the site has a total of 40 parking stalls, and based on the frequency of Tom’s Outdoor Furniture and Redwood Trading Post, a maximum of 30 on-site parking spaces (17 customers, 13 employees) would be needed for customers and employee parking. That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property. The proposed retail store will be compatible with the nearby uses and not adversely affect or conflict with adjacent uses or impede the normal development of surrounding 5 properties, because the use will be conducted within the confines of the building, and operate similarly to the adjacent retail establishments. The operations associated with the proposed use are consistent with the purpose of the IP Zoning District. The proposed non-conforming parking will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding properties because, all of the customers and employees will park on-site, and based pm the frequency of trips provided by the Redwood Trading Post, there will be a surplus of 10 parking stalls. That adequate public and private facilities, such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed use. The site is fully serviced by public utilities, infrastructure, and landscaping. There are 40 parking spaces that are provided on-site for parking, where 53 parking stalls are required pursuant to Article 30 of the Zoning Ordinance; but, only 30 parking stalls will be needed for customer and employee parking based on the operational demands of the establishment. Additionally, the site is accessible from Veterans Boulevard by two driveways providing ingress and egress for site circulation. Other findings required to be made in specific zoning districts as set forth in the Zoning Code. Nonconforming parking findings pursuant to Section 33.19 of the Zoning Ordinance. 1. Additional floor area or other site development does not occupy existing available parking area: The proposed indoor recreational facility will not occupy existing available parking area, because the use will be conducted within the confines of an existing building. No new building square footage is proposed. 2. Adverse parking impacts on adjacent properties will not result: As proposed, the specialized retail establishment will not result in any adverse parking impacts on adjacent properties based on the two retail establishments located on the property having a maximum of 30 parking stalls that would be occupied at any given time (17 customers, 13 employees), which is less than the 40 parking stalls located on site. Therefore, as proposed, the property will have a surplus of parking at any given time for customer parking on-site. Moreover, Redwood Trading Post currently operates its business within a building that is comparable in size to the proposed location, with a surplus of parking at its location at 1305 El Camino Real. Therefore, staff would not foresee any adverse parking impacts on adjacent properties for the proposed use. 3. Parking is provided for any additional floor area or other expansion in compliance with this article: 6 No expansion is proposed with the associated project. CEQA Status: The proposed project is considered categorically exempt from the requirements of the California Environmental Quality Act Guidelines, pursuant to Section 15332 Class 32 “In-fill Development Projects,” meeting the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The site is within the IP Zoning District, and the Planning Manager has determined that the specialized retail store is a similar and compatible use, including purpose and intent, with permitted uses in the IP Zoning District. The site has a Redwood Creek (RC) General Plan designation, which allows for general retail and commercial service. The proposed specialized retail store is consistent with all aspects of the City’s Zoning Ordinance and applicable General Plan policies. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is approximately 44,318 square feet, and located within city limits, surrounded by commercial, industrial, and residential lots fronting onto a public street. Nearby uses include other commercial retail uses and industrial uses. (c) The project site has no value as habitat for endangered, rare or threatened species. Due to its location in a highly urbanized area, the site has no value as habitat. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Due to its size and location, the specialized retail store is similar to and compatible with uses within the area and Zoning District. The site is located on the north side of Veterans Boulevard, a four lane public street, thus allowing for ease of traffic ingress and egress. No significant noise impacts are expected, as all of the uses will operate within the existing building. No air or water quality impacts are expected in association with the proposed use. (e) The site can be adequately served by all required utilities and public services. The site is fully surrounded by urbanized uses and is fully supported by public roadways, utilities, and infrastructure. 7 Staff Recommendation: Use Permit UP2015-08 & AP2015-43 Staff recommends that the Zoning Administrator approve the proposed project, based on the findings listed above, and subject to the attached proposed conditions of approval. _________________________ Christopher Rogers Associate Planner ATTACHMENTS 1) Project Plans 2) Draft Conditions of Approval 8 CITYOFREDWOODCITY CONDITIONSOFAPPROVAL 1455VeteransBoulevard UP2015‐08,UsePermit;AP2015‐43,ArchitecturalPermit The following Conditions of Approval [COA] and Standard Development Requirements [SDR] apply to this project. The COAs are specific conditions applicable to the proposed project. The SDRs are items which are codified or adopted by resolution and have been included for ease of reference, they may not be appealed or changed. The SDRs are not intendedasacomprehensivelist.TheCOAsandSDRsaregroupedunderspecificheadings thatrelatetothesubjectmatter. InadditiontocomplyingwithallapplicableCity,County,StateandFederalStatutes,Codes, Ordinances, Resolutions and Regulations, Permittee expressly accepts and agrees to comply with the following Conditions of Approval and Standard Development RequirementsofthisPermit: Operations 1. 2. 3. 4. 5. HoursofOperation‐Thehoursofoperationarebetween9:30AM‐7PMseven(7) daysaweek.Intheeventthatdeviationsfromtheapprovedhoursofoperationare reportedandverified,theZoningAdministratormayholdanadditionalpublic hearingtoreviewscheduleamendments,and/ormayenactCodeEnforcementasa remedy.[COA][PLANNING] Noise‐Soundlevelssuchasamplifiedmusicassociatedwiththebusinessshallnot exceedtheambientsoundlevelbymorethan5dBaatthenearestpropertylineson anysideofthebuilding.Thisconditionnecessitatesthatthedoorremainclosedinthe eveninghoursafter8:00PMtoensurethattheadjacentresidentialusesarenot adverselyimpactedbynoise.[COA][PLANNING] Live Radio Broadcast ‐ No live broadcast radio shows shall not take place on the premises unless the Planning, Housing and Economic Development Department has reviewedanapplicationandgrantedsuchapprovalfortheevent.[COA][PLANNING] OutdoorUses–Outdoorusesarenotidentifiedwiththisproject,andwouldrequire separatereviewandapprovalbytheCity.[SDR][PLANNING] Parking–Intheeventparkingbecomesanissuesandparkingofvehiclesimpactthe neighborhood, Staff may require the applicant to submit a new application for the ZoningAdministratortoevaluatetheon‐siteparkingandreducetheoperationsofthe facility.[COA][PLANNING] Interior/exteriorImprovements 6. Exterior upgrades ‐ Any changes to the exterior to the building including, but not limited to, façade treatments, changes in paint color, signage, etc. shall require approval of an Architectural Permit/ Sign Permit prior to said changes. [COA][PLANNING] 7. Signage ‐ The applicant shall apply for a Temporary Sign Permit for any “Grand Opening”or“SpecialEvent”banners,orothertemporarybannerspriortoinstallation. [COA][PLANNING] 8. Signage–AnyexteriorbuildingsignagerequiresreviewandapprovalbytheZoning Administrator.[SDR][PLANNING] GeneralRequirements 9. Landscaping Maintenance ‐ The landscaping shall be maintained on an ongoing basisandupgradedasapplicableinthefuture.[COA][PLANNING] 10. CompliancewithCodes‐Theapplicantshallcomplywithallapplicablelocal,state, and federal rules and regulations at all times, which includes applicable Fire and BuildingandZoningcodes.[COA][PLANNING] 11. SubstantialConformity‐Applicantshallensurethatallimprovementssubstantially conformtotheprojectplanssubmittedbyTheKastropGroup,Inc.datedMay4,2015, and related information submitted by the Applicant, on file with Planning Services. [COA][PLANNING] 12. Exterior Materials – The exterior materials, colors, textures, trim elements, and windowsoftheprojectshallbeconsistentthroughout.[COA][PLANNING] 13. Review of Modifications ‐ All modifications to the approved plans/use shall be submitted to Planning for review and approval prior to the issuance of a Building Permitoroperation.Substantialmodificationofapprovedplans,asdeterminedbythe Zoning Administrator, may be subject to an amendment or a new Permit. [COA][PLANNING] 14. Indemnification–PertoRedwoodCityMunicipalCodeSection1.54,Applicantshall defend (with counsel approved by City), indemnify, and hold harmless the City, its agents, officers, and employees from and against any claim, action, or proceeding againsttheCityoritsagents,officersoremployees,toattack,setaside,void,orannul an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). If Applicant does not promptly defend any Challenge,Citymay(butisnotobligatedto)defendsuchChallengeasCity,initssole discretion,determinesappropriate,allatapplicant’ssolecostandexpense.Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including,withoutlimitation,stafftimeandin‐houseattorney'sfeesonafully‐loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and otherlitigationexpenses)arisingoutoforrelatedtoanyChallenge(“Costs”),whether incurredbyDeveloper,City,orawardedtoanythirdparty,andshallpaytotheCity upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval,changeinapplicablelawsandregulations,orchangeinprocessingmethods shall alter the applicant’s indemnity obligation. Per to Government Code Section 66474.9, Applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision(tentative,parcel,orfinalmapapplicationorapproval)shallbelimitedto actions brought within the time period provided for in Government Code Section 66499.37,unlesssuchtimeperiodisextendedforanyreason.TheCityshallpromptly notify Applicant of any such claim, action or proceeding and shall cooperate fully in thedefense.[COA][OFFICEOFTHECITYATTORNEY]