CITY OF MERCED Planning & Permitting Division. STAFF REPORT: # Third Addendum AGENDA ITEM: 4.1

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1 CITY OF MERCED Planning & Permitting Division STAFF REPORT: # Third Addendum AGENDA ITEM: 4.1 FROM: Kim Espinosa, PLANNING COMMISSION Planning Manager MEETING DATE: August 20, 2014 (Continued from June 18, July 9, 0 and July 23, 2014) PREPARED BY: Francisco Mendoza-Gonzalez, Planner, & Kim Nutt, Planning Technician II SUBJECT: ACTION: Design Review #14-01, initiated by Shaheen Zamani, property owner. This application involves a request to construct a 3,108-square-foot retail tire store at 1457 W. 16 th Street, within a Thoroughfare Commercial (C-T) Zone. *PUBLIC HEARING* Approve/Disapprove/Modify 1) Environmental Review #14-15 (Categorical Exemption) 2) Design Review Application #14-01 SUMMARY This project involves a request to construct a 3,108-square-foot retail tire store located at 1457 W. 16 th Street within a Thoroughfare Commercial (C-T) zone. Parking spaces will be provided along the eastern/western sections of the property line and landscaping will be provided along all four sides of the parcel (Attachment B). This application was originally reviewed by the Planning Commission during the meeting of June 18, However, this item was continued to a subsequent meeting so that the applicant could revise her site plan, floor plan, and elevations. Because the subject site is located within the 16 th Street Corridor, it must comply with the standards outlined in the 16 th Street Design Guidelines (Attachment I). This is the first Design Review application to be considered by the Planning Commission since the Commission took over the duties of the Design Review Commission in In general, the purpose of Design Review is to ensure comprehensive site plan and architectural review within the Design Review District and to help prevent the depreciation of land values and development by the construction of structures, additions, or alterations. Some elements to consider during Design Review include design, placement, massing, materials, colors, lighting, fencing, and landscaping. The Planning Commission should focus on the design of the project, not the land use, for a Design Review application. Additional information can be found at Attachment H. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #14-15 (Categorical Exemption) and Design Review #14-01, subject to the following conditions, in accordance with the draft Resolution at Attachment J:

2 Planning Commission Staff Report #14-09 Third Addendum Page 2 August 20, 2014 *1) The proposed project shall be constructed/designed as shown on Attachment B (Site Plan), Attachment C (Elevations), Attachment D (Floor Plan), and Attachment E (Landscape Plan) except as modified by the conditions. *2) The proposed project shall comply with all standard Municipal Code and Subdivision Map Act requirements as applied by the City Engineering Department. *3) All other applicable codes, ordinances, policies, etc., adopted by the City of Merced shall apply. *4) The developer/applicant shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein. Furthermore, developer/applicant shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer/applicant s project is subject to that other governmental entity s approval and a condition of such approval is that the City indemnify and defend (with counsel selected by the City) such governmental entity. City shall promptly notify the developer/applicant of any claim, action, or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer/applicant shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, officials, employees, or agents. *5) The developer/applicant shall construct and operate the project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control. *6) All landscaping shall be installed prior to occupancy and shall thereafter be maintained in a healthy and aesthetic manner. Parking lot trees are required at a minimum rate of one tree per each six parking spaces. Landscaping shall be installed as shown on Attachment E. *7) All lighting on site shall be shielded or oriented in a way that does not allow spill-over onto adjacent lots in compliance with the California Energy Code requirements. Any lighting on the building shall be oriented to shine downward and not spill-over onto adjacent parcels. *8) The applicant shall work with the City s Refuse Department to determine the exact location for a refuse enclosure. In addition, the applicant shall work with the City s Refuse Department to determine if a recycling container will be required to comply with AB 341. If it is required, the container shall be enclosed within a refuse enclosure built

3 Planning Commission Staff Report #14-09 Third Addendum Page 3 August 20, 2014 to City Standards. If the refuse enclosure is located at the northeast corner of the parcel, it shall be screened from public view with double doors, which shall remain closed when not in use. *9) All signing shall comply with the City s Sign Ordinance. Building permits shall be obtained prior to installing any permanent signing. A Temporary Sign Permit shall be obtained prior to installing any temporary signs or banners. Temporary freestanding or A-frame signs are not allowed. 10) To protect neighboring motel patrons from noise, the hours of operation shall begin no earlier than 6 a.m. and end no later than 10 p.m. Hours of operation may be subject to change with approval from the Director of Development Services. 11) The applicant shall maintain a clean and respectable appearance of the building at all times, and any graffiti or other vandalism done to any building or future accessory structure shall be rectified or repaired within a reasonable amount of time. 12) The applicant shall paint or replace canopies, shade structures, and wall panels uniformly as weathering and sun exposure fades them. 13) All loading and unloading of delivery trucks shall be done entirely on the project site; all delivery trucks are strictly prohibited from parking/unloading on 16 th Street. 14) Storage of materials, such as tires, is not allowed unless a proper accessory building is provided to enclose them. Outdoor storage of any kind is prohibited. 15) The wrought iron fence shall not exceed six feet in height on the side facing 16 th Street or eight feet in height on any other side along the perimeter of the property. In addition, the applicant shall work with the Fire Department and Public Works Department to assure that they meet City standards and provide proper access to the gate. *16) As required by Merced Municipal Code Section and , full public improvements shall be installed/repaired if the permit value of the project exceeds $85, Public improvements may include, but not be limited to, repairing/replacing the sidewalk, curb, gutter, and street corner ramp(s), so that they comply with ADA standards and other relevant City of Merced/State/Federal standards and regulations. (*) Denotes non-discretionary conditions. PROJECT DESCRIPTION Building Design/Materials/Colors The 3,108-square-foot tire store will be located along the western edge of the property line. The design of this building is best described as a simple gable building composed of basic geometric shapes. The 16 th Street (south) elevation will have a stucco finish with a wall color of Logan Square. The trim, window grids, and canopy will be accentuated with a burgundy-like color, more formally known as Calico. In addition, the south elevation contains a steel shading structure on the west side of the façade and a decorative tower (painted The Color of Money ) on the east side of the façade. The decorative tower acts as the focal point of the building and helps screen automotive work being done by employees on the eastern side of the building.

4 Planning Commission Staff Report #14-09 Third Addendum Page 4 August 20, 2014 (Color samples will be made available at the meeting for Commission review.) The eastern and northern elevations of the building will be constructed out of Architectural III Panels (Attachment F) and will be painted a Stucco Field color. Calico will be used to highlight the primary entrance, canopy, trim, and three garage doors on the eastern elevation. Panels on the western elevation will be fire-rated with the dimensions of seventeen and a half feet high by forty two inches wide by six inches thick (fire rating standards are increased because the wall is proposed on the edge of the property line). The exterior finish will consist of a polyvinylidence coating system containing 70% Kynar or Hylar resins, ceramic, other inorganic pigments, and will be painted a Sandstone color. This system provides a powerful chemical bond and superior resistance to protect colors from fading. Windows: There will be two sets of storefront windows (10-feet high x 8-feet wide) that will recede into the building walls. One window will be located on the 16 th Street (south) elevation, and the other will be located on the east elevation. Both windows will be dual-pane windows (one inch thick) and will consist of a gridded storefront window design. Exterior panes shall be tinted to be similar to PPG Solargray with Sungate 400 low-e glass finish that will reduce the UV radiation transmitted into the building, without creating a highly reflective surface to the streets. The muntin (window grids) will be a Calico color that matches the color of the doors, canopy, and the metallic roll-up doors. These windows are strategically located along the main entrance (where good lighting is highly desired), taking advantage of natural lighting. Roof: The roof will be composed of ribbed metal and will be painted a color of Brown Stone Walk Up. The roof pitch will have a slope of half an inch (rise) by twelve inches (run). As shown in the 16 th Street Design Guidelines, ribbed metal is considered an acceptable material for roofing and can be found at various locations throughout downtown, such as the Westamerica Bank at 605 W. 18 th Street and the District Attorney s Office at 550 West Main Street.

5 Planning Commission Staff Report #14-09 Third Addendum Page 5 August 20, 2014 Surrounding Land North South East West Surrounding Zones and Land Uses (Attachment A): Existing Use of Land Primo Auto Sales United Rentals (across 16 th Street) Gateway Motel San Joaquin Motel City Zoning Designation General Commercial (C-G) Thoroughfare Commercial (C-T) Thoroughfare Commercial (C-T) Thoroughfare Commercial (C-T) City General Plan Land Use Designation General Commercial (CG) Thoroughfare Commercial (CT) Thoroughfare Commercial (CT) Thoroughfare Commercial (CT) BACKGROUND A small home was located on this property prior to being burned down earlier this year by the Fire Department (for training purposes). The architectural style of said home could be best described as a basic bungalow style home with cottage-like features. Since the 1970 s, reviews of new construction in the Downtown area were done by the City s Design Review Commission (DRC). In 2013, the City Council disbanded the DRC and shifted these duties to the Planning Commission. This is the first such application for Design Review to be heard by the Planning Commission. FINDINGS/CONSIDERATIONS: General Plan Compliance and Policies Related to This Application A) The proposed project complies with the General Plan designation of Thoroughfare Commercial and the zoning designation of Thoroughfare Commercial (C-T). 16 th Street Design Guideline Requirements: (See Attachment I) B) 1. Streets and Sidewalks (and other Public Improvements): Sidewalks shall be continuously adjacent to the curb with landscaping and street trees filling out the remainder of the right-of-way width. This will result in approximately 5-foot-wide sidewalks with 3 feet of landscaping. As required by Merced Municipal Code Section and , full public improvements shall be installed/repaired if the permit value of the project exceeds $85, Public improvements may include, but not be limited to, repairing/replacing the sidewalk, curb, gutter, and street corner ramp(s), so that they comply with ADA standards and other relevant City of Merced/State/Federal standards and regulations (Condition #16).

6 Planning Commission Staff Report #14-09 Third Addendum Page 6 August 20, Landscaping: Landscaping shall consist of ground cover, shrubs, and trees sufficient to soften building lines and break up large expanses of pavement. Berming and art shall be used wherever practical. The landscape plan (Attachment E) makes use of an extensive plant list and includes a mix of sod, shrubs, hedges, fruit trees, and Raywood Ash trees to create a welllandscaped site along all four sides of the parcel. Hedges (at eight feet tall) will be used along the eastern and western perimeters of the property as a screening device that will help screen the parking lot. Landscaping within parking lots shall conform to the Zoning Ordinance requirements. Parking lot trees are required at a rate of one tree for every six parking spaces. The applicant has proposed 8 parking spaces and would, thus, be required to provide two parking lot trees. The applicant is exceeding this requirement and providing five fruit trees/raywood Ash trees. Trees will be placed throughout the parking lot and near the main entrance. 3. Architectural Theme / Building Materials / Colors Buildings should be simple and reflect geometric forms and horizontal lines. Roofs shall be a variety of shapes, which have simple geometric shapes, such as hips, shed, gables, or flat. Relief or accent features (overhangs, columns, window trim, offsets, entryways) are strongly encouraged; and Suggested Building Materials: Textured Concrete, slumpstone, brick, stucco, or lap siding; Suggested Roof Materials: Tile, shakes/shingles, ribbed metal, architectural grade composition shingles; Unacceptable Materials: Corrugated metal, visible metal, plywood, unfinished concrete, T-1-11; and The general color scheme shall emphasize earth tones, greys and pastels that represent a light Mediterranean palette. Accent color may include blues, greens, rusts, and golds. The proposed tire store is a simple gable building end wall with plaster screeds that reflect simple horizontal lines. The canopies on the south and east elevations helps give the building visual interest and appeal that add further geometry. The decorative tower on the south elevation acts as the focal point of the building and helps screen automotive work being done by employees on eastern side of the building. The color choices also satisfy the Guidelines color requirements as the building provides a desired Mediterranean color scheme. The primary color of the building will be Logan Square, the decorative tower on the 16 th Street elevation will be painted the Color of Money, and the color Calico will be used on trim, doors, and canopies. Together,

7 Planning Commission Staff Report #14-09 Third Addendum Page 7 August 20, 2014 these colors complement each other well and create a cohesive color scheme seen in modern architecture. 4. Fencing: Fencing shall be located at the rear of the building and/or site or to connect buildings, if desired. No chain link, slatted, or barbed wire fences are permitted which are visible from street frontages. The proposed black wrought iron fence will recede thirty-five feet from 16 th Street and will be located along the 16 th elevation and along the perimeter of the site. Condition #15 addresses the maximum height of the fence. Parking C) The parking requirements for this type of use is one parking space for every 400-squarefeet of floor area. The tire store will be occupying 3,108-square-feet, with a portion of that space being used for office and storage. Therefore, the applicant shall be required to provide a minimum of 8 parking spaces. As shown on the site plan (Attachment B), the applicant is satisfying this requirement by providing a total of 8 parking spaces along the eastern and western portions of the parcel. Signage D) The applicant is not proposing any signage at this time. The sign shown on the south elevation is for illustrative purposes and does not constitute as a formal submittal. Signage will be reviewed by Planning Staff and shall be required to comply with the City s Downtown District Sign Ordinance (Condition #9). Neighborhood Impact/Interface E) A use such as a tire store is common and permitted in a Thoroughfare Commercial zone. However, there are two existing motels located adjacent to the subject site, one on the east and the other on the west. To protect motel patrons from any noise resulting from the tire store, staff is recommending that the hours of operation begin no earlier than 6 a.m. and end no later than 10 p.m. (Condition #10). Land Use/Density Issues F) The main purpose of the Thoroughfare Commercial zone is to provide retail commercial, amusement, and transient residential uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel. Repair garages for minor repair, such as a tire store, are considered permitted uses. Environmental Clearance G) Planning staff has conducted an environmental review of the project in accordance with the requirements of the California Environmental Quality Act (CEQA), and Categorical Exemption is being recommended (Attachment G).

8 Planning Commission Staff Report #14-09 Third Addendum Page 8 August 20, 2014 Attachments: A) Location Map B) Site Plan C) Elevations D) Floor Plan E) Landscape Plan F) Architectural III Wall Panel Specifications G) Categorical Exemption H) Design Review Commission: An Overview of Purpose and Functions I) 16 th Street Design Guidelines J) Draft Planning Commission Resolution

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35 CITY OF MERCED Planning Commission Resolution # WHEREAS, the Merced City Planning Commission at its regular meeting of August 20, 2014, held a public hearing and considered Design Review #14-01, initiated by Shaheen Zamani, property owner. This application involves a request to construct a 3,108-square-foot retail tire store at 1457 W. 16 th Street, within a Thoroughfare Commercial (C-T) Zone; also known as Assessor s Parcel No ; and, WHEREAS, the Merced City Planning Commission concurs with Findings A through G of Staff Report #14-09 Third Addendum; and, NOW THEREFORE, after reviewing the City s Draft Environmental Determination, and discussing all the issues, the Merced City Planning Commission does resolve to hereby adopt a Categorical Exemption regarding Environmental Review #14-15, and approve Design Review #14-01, subject to the Conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. Upon motion by Commissioner, seconded by Commissioner, and carried by the following vote: AYES: NOES: Commissioner(s) Commissioner(s) ABSENT: Commissioner(s) ABSTAIN: Commissioner(s) ATTACHMENT J

36 PLANNING COMMISSION RESOLUTION # Page 2 August 20, 2014 Adopted this 20 th day of August 2014 ATTEST: Chairperson, Planning Commission of the City of Merced, California Secretary Attachment: Exhibit A Conditions of Approval n:shared:planning:pc Resolutions:DR#14-01 Zamani Tire Store

37 Conditions of Approval Planning Commission Resolution # Design Review # The proposed project shall be constructed/designed as shown on Attachment B (Site Plan), Attachment C (Elevations), Attachment D (Floor Plan), and Attachment E (Landscape Plan) of Staff Report #14-09 Third Addendum, except as modified by the conditions. 2. The proposed project shall comply with all standard Municipal Code and Subdivision Map Act requirements as applied by the City Engineering Department. 3. All other applicable codes, ordinances, policies, etc., adopted by the City of Merced shall apply. 4. The developer/applicant shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein. Furthermore, developer/applicant shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer/applicant s project is subject to that other governmental entity s approval and a condition of such approval is that the City indemnify and defend (with counsel selected by the City) such governmental entity. City shall promptly notify the developer/applicant of any claim, action, or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer/applicant shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, officials, employees, or agents. 5. The developer/applicant shall construct and operate the project in strict compliance with the approvals granted herein, City standards, laws, and EXHIBIT A of Planning Commission Resolution # Page 1

38 ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control. 6. All landscaping shall be installed prior to occupancy and shall thereafter be maintained in a healthy and aesthetic manner. Parking lot trees are required at a minimum rate of one tree per each six parking spaces. Landscaping shall be installed as shown on Attachment E of Staff Report #14-09 Third Addendum. 7. All lighting on site shall be shielded or oriented in a way that does not allow spill-over onto adjacent lots in compliance with the California Energy Code requirements. Any lighting on the building shall be oriented to shine downward and not spill-over onto adjacent parcels. 8. The applicant shall work with the City s Refuse Department to determine the exact location for a refuse enclosure. In addition, the applicant shall work with the City s Refuse Department to determine if a recycling container will be required to comply with AB 341. If it is required, the container shall be enclosed within a refuse enclosure built to City Standards. If the refuse enclosure is located at the northeast corner of the parcel, it shall be screened from public view with double doors, which shall remain closed when not in use. 9. All signing shall comply with the City s Sign Ordinance. Building permits shall be obtained prior to installing any permanent signing. A Temporary Sign Permit shall be obtained prior to installing any temporary signs or banners. Temporary freestanding or A-frame signs are not allowed. 10. To protect neighboring motel patrons from noise, the hours of operation shall begin no earlier than 6 a.m. and end no later than 10 p.m. Hours of operation may be subject to change with approval from the Director of Development Services. 11. The applicant shall maintain a clean and respectable appearance of the building at all times, and any graffiti or other vandalism done to any building or future accessory structure shall be rectified or repaired within a reasonable amount of time. 12. The applicant shall paint or replace canopies, shade structures, and wall panels uniformly as weathering and sun exposure fades them. EXHIBIT A of Planning Commission Resolution # Page 2

39 13. All loading and unloading of delivery trucks shall be done entirely on the project site; all delivery trucks are strictly prohibited from parking/unloading on 16 th Street. 14. Storage of materials, such as tires, is not allowed unless a proper accessory building is provided to enclose them. Outdoor storage of any kind is prohibited. 15. The wrought iron fence shall not exceed six feet in height on the side facing 16 th Street or eight feet in height on any other side along the perimeter of the property. In addition, the applicant shall work with the Fire Department and Public Works Department to assure that they meet City standards and provide proper access to the gate. 16. As required by Merced Municipal Code Section and , full public improvements shall be installed/repaired if the permit value of the project exceeds $85, Public improvements may include, but not be limited to, repairing/replacing the sidewalk, curb, gutter, and street corner ramp(s), so that they comply with ADA standards and other relevant City of Merced/State/Federal standards and regulations. n:shared:planning:pc Resolutions:DR#14-01 Exhibit A EXHIBIT A of Planning Commission Resolution # Page 3