RESOLUTION NO. Resolution No. Page 1 of 6

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1 RESOLUTION NO. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA APPROVING A ZONING VARIANCE TO ALLOW SURFACE PARKING TO BE LOCATED IN THE FRONT OF THE COMMERCIAL BUILDING, AND ALLOW 24% TRANSPARENCY ON THE GROUND FLOOR PRIMARY FRONTAGE AND 4% ON THE GROUND FLOOR SECONDARY FRONTAGE FOR THE PROPOSED NORDSTROM RACK LOCATED AT 180 CODDINGTOWN CENTER - FILE NUMBER ZV WHEREAS, the Community Development Department of the City of Santa Rosa received an application for a Zoning Variance pursuant to the provisions of Title 20 of the Santa Rosa City Code from Coddingtown Mall, LLC to allow surface parking to be located in the front of the existing commercial building located at 180 Coddingtown Center (Property), and to allow 24% transparency on the ground floor primary frontage where 80% is required, and 4% on the ground floor secondary frontage where 25% is required, for the Coddingtown Nordstrom Rack project (Project); and WHEREAS, the Planning Commission at its public hearing held at City Hall in the City of Santa Rosa on July 9, 2015, heard and considered evidence regarding the proposed Zoning Variance and made findings in connection therewith; and WHEREAS, said Planning Commission, after due consideration, investigation and study, and after due consideration of all evidence and reports offered at said meeting, does find and determine the following: A. There are special circumstances applicable to the Property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the Zoning Code denies the Property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the applicable development standards. Specifically, the Coddingtown mall s already established configuration and existing conditions makes compliance with the design standards for parking and transparency effectively impractical. The established parking lot configuration cannot be altered to meet the parking standard without essentially reconstructing the shopping center parking area, which is shared with the other large retailers. Meeting the transparency requirement on the unusually long frontages for the specific Commercial Project site poses technical challenges, including location of necessary loading dock and implementation of energy efficiency goals. Additionally, an overwhelming use of glass panels may not serve the intended goal of superior design and harmony when required with the existing architectural scheme. B. A non-self created hardship peculiar to the subject property does exist by reason of the conditions, and these conditions are not common to all or most of the properties in the immediate area which are also within the identical zoning district. In this context, personal, family, or financial difficulties, loss of prospective profits, and existing zoning violations, or legal nonconforming uses or structures existing on neighboring properties shall not be deemed Page 1 of 6

2 hardships justifying a Variance. The transparency and parking requirements of the recently adopted North Santa Rosa Station Area Specific Plan (Specific Plan) may be regarded as a nonself created hardship. The anchor stores and other shops in the contiguous Coddingtown Mall structure may be found inconsistent with these requirements, demonstrating that the Specific Plan design standards do not address the Coddingtown Mall s uniqueness as the second largest department retail shopping center in the city, with an established architectural design theme. If the design standards were indiscriminately applied, redevelopment of Coddingtown would result in an inconsistent design theme. C. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity which are within the identical zoning district as the Property, and a Variance, if granted, would not constitute a special privilege to the Property which is not held or enjoyed by neighboring properties within the identical zoning district. Specifically, the granting of this Variance would not be a special privilege, as the Coddingtown shopping center is an entirely unique property in the Specific Plan area. The Variance allows the established shopping center to meet the intent of the Zoning Code, and allows new retail stores to be constructed within the established configuration and with the existing parking, as approved by the Design Review Board. D. The Variance would not be of substantial detriment to adjacent properties and would not be in conflict with the purposes and intent of this Zoning Code, the General Plan, any applicable specific plan, or the public interest or welfare. Specifically, the proposed design is an improvement from the existing condition and is in keeping with overall public interest and intent of the Zoning Code and General Plan. The proposed design with Variance approval will provide a unique, well-crafted project that adds to the economic vibrancy and distinct character of Santa Rosa and the northern station area. Relief from the parking and transparency requirements responds to the unique context of Coddingtown Mall and is anticipated to have a negligible negative impact to the surrounding properties. E. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and qualifies for a Class 2 categorical exemption, based on CEQA Guidelines Section 15302(b), for replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Santa Rosa does hereby approve the requested Zoning Variance to allow surface parking to be located in the front of the commercial building, and allow 24% transparency on the ground floor primary frontage and 4% on the ground floor secondary frontage for the Coddingtown Nordstrom Rack project located at 180 Coddingtown Center, subject to the following conditions: GENERAL: DEPARTMENT OF COMMUNITY DEVELOPMENT 1. The project is subject to the conditions of Design Review #DR Page 2 of 6

3 2. Compliance with the latest adopted ordinances, resolutions, policies, and fees adopted by the City Council at the time of building permit review and approval. All fees must be paid prior to issuance of a building permit or as otherwise allowed by City Code. 3. All work shall be done according to the final approved plans for the Project dated June 18, The Project address shall be displayed in a prominent location on the street side of the Property. The numbers shall be no less than 6-inches in height and shall be of a contrasting color to the background to which they are attached. The address shall be illuminated during hours of darkness per City "Premises Identification" requirements. BUILDING DIVISION: 5. A demolition permit is required for removal of the existing building. An air quality management district permit is required to assess the building for asbestos containing materials. The air quality district J# is required to be submitted with the City s demolition permit application. 6. A building permit is required for construction of the replacement building. 7. Construction hours shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. Saturdays. No construction is permitted on Sundays and holidays. 8. A soils report must be submitted with an application for building permit. Check with the Building Division prior to submittal to determine the level of report necessary for the project or if a soils report is on file for the subject property. 9. Comply with all Federal, State and local codes, disabled access included. ENGINEERING DIVISION: 10. Compliance with all conditions as specified by the attached Exhibit "A" dated June 23, PLANNING DIVISION: 11. The building materials, elevations, and appearance of this project, as presented for issuance of a building permit, shall be the same as that approved by the Design Review Board. Any future additions, expansions, remodeling, etc., will be subject to review and approval of the Planning Division. 12. Compliance with City Graffiti Abatement Program Standards for Graffiti Removal (City Code ), 13. PROJECT DETAILS: A. All project details shall be in accordance with the restrictions and limitations of the City Zoning and Uniform Building Codes, as well as the City's Design Review Guidelines except for as allowed in this Variance. B. The design of all fencing, sound walls, carports, trash enclosures, and similar accessory site elements shall be compatible with the architecture of main buildings and shall use Page 3 of 6

4 similar materials. The design of those features must be approved by the Planning Division prior to issuance of a building permit. C. All outdoor storage of materials and/or refuse bins/cans shall be maintained within a completely screened structure or area. The design of the screened structure or area shall be approved by the Planning Division prior to issuance of a building permit. 14. LANDSCAPING: A. All required landscaping and irrigation must be installed prior to occupancy per the approved final plans for the Project dated June 18, B. Construction drawings submitted for issuance of a building permit shall include final landscape and irrigation plans, except where not required. C. All landscaping must be continuously maintained in a healthy and attractive condition, free of weeds and debris, in accordance with the approved plans. Dead and dying plant materials shall be replaced with healthy specimens as necessary. 15. LIGHTING: A. All exterior lighting shall be shown and specified on the plans submitted for issuance of a building permit in accordance with the Design Review approval. B. Light sources shall be concealed from public view. C. All lighting shall be directed toward the Property and away from adjacent properties. D. The mounting height of lighting fixtures in parking and storage areas shall not exceed 16- feet in height. Lower mounting heights are encouraged. 16. PARKING LOT AREA: A. The parking lot shall be provided with concrete curbing around all planter areas unless specifically approved by the Department of Community Development in some other fashion. B. The parking lot shall be striped according to City standards and all handicapped and compact spaces shall be identified and marked accordingly. C. Bicycle parking shall be provided in accordance with Zoning Code requirements. The location and number of spaces shall be shown on the site plan submitted for issuance of a building permit. 17. SIGNING: A. No exterior signs, banners, or the like are approved with this permit. A planning sign permit application is required for all signs. B. Sign permit approval shall be obtained prior to application for a building permit. Page 4 of 6

5 C. Building permits for sign installations shall be separate permits from other building permits issued for construction. 18. NATURAL RESOURCES: A. Advisement. The applicant, its successors, heirs, assigns or transferees are advised in writing that this approval or permit prior to the start of any construction may be subject to certain other clearances, approvals, permits, or authorizations by state and/or federal agencies. The applicant shall acknowledge in writing receipt of the above advisement. B. Power to stop work if violation occurs. Nothing in this approval shall prevent the City of Santa Rosa from exercising its power to stop work in instances where a violation of state or federal law is brought to the City's attention. C. No building or grading permit of any type shall be issued by the City until a required federal or state, as applicable, clearance or authorization, with or without conditions, has been filed with the City. FIRE DEPARTMENT 19. Existing Underground Fire Main supplying Coddingtown Covered Mall Building standpipe and sprinkler system is supplied by the Existing Backflow noted on Enlarged Site Plan. Fire Department records indicate the standpipe is an overhead 8 pipe running along the southern edge of building to be demolished. A branchline of the standpipe system runs through the western edge of the building to be demolished, with a required standpipe hose outlet at the northwest corner of the building to be demolished. Existing standpipe system is a required fire protection element of the Covered Mall Building per CA Building Code Entire standpipe system shall be protected in place or relocated so as to remain in service throughout demolition and construction of this project. Demolition and construction drawings shall clearly indicate how this will be achieved. 20. As presented in these drawings, proposed new building will be a part of the Coddingtown Center Covered Mall Building as defined in CA Building Code 402, with exiting and fire protection dependent on the remainder of the Covered Mall. Construction shall comply with CA Building Code requirements for a Covered Mall Building. Existing fire protection systems (sprinklers, standpipe, and Voice/Alarm Communication fire alarm system) shall be extended into the new building. Page 5 of 6

6 21. Site address signage per current Fire Dept Standards shall be established and maintained during and after any combustible construction or intensification of site use. A. Twelve inch (12) inch illuminated premise identification shall be provided. B. Buildings over 15,000 ft/2 shall also provide a 24 inch reflective rooftop address. REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Santa Rosa on the 9 th day of July, 2015, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: APPROVED: Chair ATTEST: Executive Secretary EXHIBIT A dated June 23, 2015 Page 6 of 6

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