Item 5.01 STAFF REPORT JANUARY 9, 2014

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1 Item 5.01 STAFF REPORT JANUARY 9, 2014 TO: FROM SUBJECT: RECOMMENDATION Planning Commission Jenny Liaw, Senior Planner 1748 WEST FREMONT STREET; APPLICATION NO. P13-204; USE PERMIT FOR THE CONSTRUCITON OF A 5,925 SQUARE-FOOT FURNITURE STORE WITHIN THE STOCKTON CHANNEL AREA OVERLAY ZONING DISTRICT AND AN ADMINISTRATIVE EXCEPTION TO ALLOW A REDUCED BUILDING SETBACK OF 8 FEET (10 FEET REQUIRED) ALONG BUENA VISTA AVENUE; APPLICANT: BASEL KARABALA, IL (INDUSTRIAL, LIMITED) ZONING DISTRICT Staff recommends that the Planning Commission approve the Use Permit and Administrative Exception in accordance with the findings for decision and conditions of approval contained herein. Summary The project site is located within the Stockton Channel Area (CHA) Overlay Zoning District and currently contains a vacant building. The applicant intends to demolish the existing structure and construct a furniture store on the site. Per the CHA Overlay Zoning District standards, this new building requires a Planning Commission Use Permit. DISCUSSION Setting The approximately 0.4-acre site is located at the southeast corner side of Buena Vista Avenue and Fremont Street and currently contains a vacant 4,429-squre foot building in poor condition. The applicant intends to demolish this building and replace it with a 5,925-square foot furniture store on the site. The site is zoned IL (Industrial, Limited) and is bounded to the: north by Fremont Street and Interstate 5; east and south by an electrical and machinery repair businesses zoned IG (Industrial, General); and west across Buena Vista Avenue by various manufacturing businesses zoned IL and IG (see attachment 2). Environmental Determination The project is categorically exempt under the California Environmental Quality Act (CEQA), pursuant to Section of the CEQA Guidelines because it involves replacement of a building of substantially the same size, purpose, and capacity. Public Notification 1

2 Item 5.01 STAFF REPORT JANUARY 9, 2014 In accordance with Stockton Development Code Section , public hearing notices were mailed to all owners of property within 300 of the project site, to the property owner, and to the applicant. Background The project site has an approved Use Permit (UP86-04) for a wholesale beauty supply business. The business ceased operation several years ago and the applicant purchased this property in Project Description The proposed furniture store is located within the boundaries of the Stockton CHA Overlay Zoning District. Section C of the Stockton Development Code (SDC) states the following: Within the Stockton CHA Overlay Zoning District, no structure shall be added to, constructed, erected, or enlarged; no use shall be enlarged, extended, or intensified; no new use of premises shall be introduced; and no former use shall be re-established without a Commission Use Permit in compliance with SDC (Use Permit requirement). The Use Permit application was submitted in order to comply with this requirement. In its review of the Use Permit application, the Planning Commission should consider whether the proposed structures are compatible with existing land uses in the CHA Overlay Zoning District. The furniture store would be located on the western portion of the project site and the eastern portion of the property would be utilized for employee and customer parking. The south side of the new building would be designated as a truck loading zone. The furniture store is required to have twelve (12) parking spaces (1/500 for the 1 st 5,000 square feet). The site will be provided with a total of twelve (12) parking spaces including seven (7) within existing carports along the eastern property line. The project site is served by two existing driveways, one from Buena Vista Avenue and the other from Fremont Street. The proposed business hours for the furniture store would be Monday through Friday from 1:00 p.m. to 6:00 p.m., Saturday from 12:00 p.m. to 6:00 p.m. and Sunday from 11:00 a.m. to 2:00 p.m. With respect to the building setback, Table 2-3, Zoning District Development Standards of the Development Code states that any new structure adjacent to a public street shall meet a minimum 10-foot setback requirement. The new furniture store is proposed to have a minimum 10-foot setback along Fremont Street, but only have an 8-foot setback on Buena Vista Avenue. The project s architect intends to utilize the existing building footprint as much as possible to reduce the demolition and reconstruction costs by 2

3 Item 5.01 STAFF REPORT JANUARY 9, 2014 reusing in-slab plumbing for the future restrooms. To accommodate this, the applicant has submitted an application for Administrative Exception to allow the reduction of the building setback from 10 feet to 8 feet. Analysis The following general findings are required for this use permit: 1. The proposed use is allowed within the Stockton Channel Area Overlay Zoning District with the approval of a Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. The proposed furniture store is allowed in the IL (Industrial, Limited) zone within the Stockton CHA Overlay Zoning District subject to the approval of a Use Permit from the Planning Commission, per SDC C. The proposed use has been reviewed by the City of Stockton and has been determined to be in compliance with all applicable provisions of the Municipal Code and the Development Code including the required parking, building height, lot coverage, landscaping, lighting and the location of the refuse disposal with the exception of building setback. Setback: In accordance with , the Director may grant the Administrative Exception or may defer action and refer the application to the Commission. In this case, the Director elected to refer this Administrative Exception to the Commission for its consideration to ensure continuity of review. SDC states a 20 percent setback decrease may be allowable in the required setback area for a new structure if: A. The granting of the Administrative Exception will result in design improvements, or enable the site to be utilized in such a way as to not create a hardship in meeting a specific standard; and B. The subject site would be physically suitable for the proposed Administrative Exception. The majority of the existing buildings in the vicinity area surrounding the project site were built without setbacks. The existing vacant building on the project site has a twofoot setback on Buena Vista Avenue. The new building would increase its setback to eight feet. The Planning Traffic Engineer has reviewed this proposed project and has indicated that although the building setback on Buena Vista Avenue did not comply with the code requirement, an increase of the building setback from two feet to eight feet would improve the street visibility for drivers entering and leaving Buena Vista Avenue. Furthermore, the granting of this Administrative Exception for the building setback would enable the proposed project to move forward, which would enable reoccupation and revitalization of the site. The applicant has stated that landscaping, ground covering, bushes and trees would be planted within the setback area to improve the aesthetic 3

4 Item 5.01 STAFF REPORT JANUARY 9, 2014 appearance in the CHA overlay area. As such, this request for the reduction of the building setback on Buena Vista Avenue may be granted. 2. The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located. The proposed building would be used for a furniture store on the site, which would better complement the adjacent commercial/industrial uses and strengthen the integrity and character of the neighborhood and zoning district. 3. The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan. The project site has a General Plan Land Use designation of Commercial. The use of the site for a furniture store is consistent with the following General Plan s policies. LU-4.1 The City shall encourage the upgrading, beautification, revitalization and appropriate reuse of the existing commercial areas. LU-4.5 The City shall require that new commercial development incorporate landscaping and good design in accordance with Citywide Design Guidelines. The proposed building has been reviewed by the Architecture Review Committee and the design of the new building was determined to be compatible with existing buildings in the vicinity surrounding the subject site and will provide a high quality development within the CHA Overlay Zoning District. 4. The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.). The requested land use would not increase the demand for provision of service or public access and would not be affected by physical constraints. All services are readily available for the project site. 5. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed furniture store would complement the adjacent commercial/industrial uses and provide opportunities for employment and other economic benefits to City residents and businesses. The new building in the CHA Overlay Zoning District would 4

5 Item 5.01 STAFF REPORT JANUARY 9, 2014 enhance the beauty, livability and prosperity of the neighborhood. It would not impact any persons residing or working in the area. 6. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property. The project includes the demolition of the existing building and construction of a new building on the site. The building design, location, size, and operating characteristics of the proposed use would all complement the surrounding commercial/industrial land uses and provide a high quality development in the CHA Overlay Zoning District. 7. The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. The project is categorically exempt under the California Environmental Quality Act (CEQA), pursuant to Section of the CEQA Guidelines because it involves replacement of a building of substantially the same size, purpose, and capacity. CONCLUSION In conclusion, the proposed use, as conditioned, appears to satisfy all requirements of the Stockton Development Code and affirmative findings for approval can be made. As such, staff recommends that the Planning Commission approve the attached Use Permit to allow the construction of a 5,925-square foot furniture store within the CHA Overlay Zoning District and an Administrative Exception to allow the reduction of the building setback from 10 feet to 8 feet along Buena Vista Avenue. ATTACHMENTS 1. Location Map 2. Site Plan 3. Building Elevations C: Applicant Property Owner 5

6 Item 5.01 ATTACHMENT 1 January 9, 2014 CITY OF STOCKTON COMMUNITY DEVELOPMENT DEPARTMENT Use Permit P West Fremont On January 9, 2014, the Planning Commission of the City of Stockton approved application P13-204, authorizing this Use Permit to allow the construction of a 5,925- square foot furniture store within the Stockton Channel Area Overlay Zoning District and an Administrative Exception to allow the reduction of the building setback from 10 feet to 8 feet along Buena Vista Avenue. This approval was based on the following findings: 1. The proposed use is allowed within the Stockton Channel Area Overlay Zoning District with the approval of a Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. The proposed furniture store is allowed in the IL (Industrial, Limited) zone within the Stockton CHA Overlay Zoning District subject to the approval of a Use Permit from the Planning Commission, per SDC C. The proposed use has been reviewed by the City of Stockton and has been determined to be in compliance with all applicable provisions of the Municipal Code and the Development Code including the required parking, building height, lot coverage, landscaping, lighting and the location of the refuse disposal with the exception of building setback. Setback: In accordance with , the Director may grant the Administrative Exception or may defer action and refer the application to the Commission. In this case, the Director elected to refer this Administrative Exception to the Commission for its consideration to ensure continuity of review. SDC states a 20 percent setback decrease may be allowable in the required setback area for a new structure if: A. The granting of the Administrative Exception will result in design improvements, or enable the site to be utilized in such a way as to not create a hardship in meeting a specific standard; and B. The subject site would be physically suitable for the proposed Administrative Exception. The majority of the existing buildings in the vicinity area surrounding the project site were built without setbacks. The existing vacant building on the project site has a twofoot setback on Buena Vista Avenue. The new building would increase its setback to eight feet. The Planning Traffic Engineer has reviewed this proposed project and has indicated that although the building setback on Buena Vista Avenue did not comply with the code requirement, an increase of the building setback from two feet to eight feet

7 Item 5.01 ATTACHMENT 1 January 9, 2014 would improve the street visibility for drivers entering and leaving Buena Vista Avenue. Furthermore, the granting of this Administrative Exception for the building setback would enable the proposed project to move forward, which would enable reoccupation and revitalization of the site. The applicant has stated that landscaping, ground covering, bushes and trees would be planted within the setback area to improve the aesthetic appearance in the CHA overlay area. As such, this request for the reduction of the building setback on Buena Vista Avenue may be granted. 2. The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located. The proposed building would be used for a furniture store on the site, which would better complement the adjacent commercial/industrial uses and strengthen the integrity and character of the neighborhood and zoning district. 3. The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan. The project site has a General Plan Land Use designation of Commercial. The use of the site for a furniture store is consistent with the following General Plan s policies. LU-4.1 The City shall encourage the upgrading, beautification, revitalization and appropriate reuse of the existing commercial areas. LU-4.5 The City shall require that new commercial development incorporate landscaping and good design in accordance with Citywide Design Guidelines. The proposed building has been reviewed by the Architecture Review Committee and the design of the new building was determined to be compatible with existing buildings in the vicinity surrounding the subject site and will provide a high quality development within the CHA Overlay Zoning District. 4. The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.). The requested land use would not increase the demand for provision of service or public access and would not be affected by physical constraints. All services are readily available for the project site. 5. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

8 Item 5.01 ATTACHMENT 1 January 9, 2014 The proposed furniture store would complement the adjacent commercial/industrial uses and provide opportunities for employment and other economic benefits to City residents and businesses. The new building in the CHA Overlay Zoning District would enhance the beauty, livability and prosperity of the neighborhood. It would not impact any persons residing or working in the area. 6. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property. The project includes the demolition of the existing building and construction of a new building on the site. The building design, location, size, and operating characteristics of the proposed use would all complement the surrounding commercial/industrial land uses and provide a high quality development in the CHA Overlay Zoning District. 7. The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. The project is categorically exempt under the California Environmental Quality Act (CEQA), pursuant to Section of the CEQA Guidelines because it involves replacement of a building of substantially the same size, purpose, and capacity. Conditions of Approval In accordance with Development Code Section , the following Conditions of Approval are imposed to ensure compliance with the findings for approval recited above: Standard 1. The business operator shall comply with all applicable Federal, State, County and City codes, regulations and adopted standards and pay all applicable fees. 2. Compliance with these Conditions of Approval is mandatory. Failure to comply with these Conditions of Approval is unlawful and constitutes a public nuisance, and is subject to the remedies and penalties identified in the Stockton Municipal Code, including but not limited to, monetary fines, modification or revocation of sail Use Permit. 3. This Use Permit shall be posted in a conspicuous place and shall be immediately made available to City personnel upon inspection of the premises. 4. All signs shall be subject to approval by the Community Development Director or Planning Commission. Specific 5. Structures and other improvements, including landscaping and irrigation systems, shall be constructed/installed in accordance with the approved site plan, floor plans, elevations, color rendering and Conditions of Approval and be maintained in a manner so as not to be blighted or deteriorated. Any

9 Item 5.01 ATTACHMENT 1 January 9, 2014 modification of the approved building plans shall be subject to review and approval by the Community Development Director or Planning Commission. 6. All landscaped areas on the site shall comply with the applicable requirements of the Stockton Municipal Code and the Development Code. Landscaping and irrigation plans for the project area shall be submitted to approval by the Community Development Director prior to the issuance of any building permit. Landscaped areas, including irrigation systems, shall be installed prior to the issuance of the Certificate of Occupancy for the project and be maintained by the property owner(s). 7. Any trash receptacles shall be kept out of public view and the trash enclosure shall be enclosed with solid, six-foot high masonry walls on three sides and gated on the fourth side. The design of the trash enclosure shall be approved by the Community Development Director and it shall be installed prior to the initiation of the approved use. 8. Any lighting on the parking lots shall be low-intensity and shall be shielded to prevent illumination or glare onto adjacent properties or rights-of-way. 9. The Use Permit shall supercede a previously-approved Use Permit (UP86-04) on the subject site. 10. The property owners, developers and/or successors-in-interest (ODS) shall install a handicap ramp per City Standards at the corner of Fremont Street and Buena Vista Avenue. 11. If the gate at the driveway along Fremont Street is to remain, the gate shall remain open from half an hour before all business hours to half an hour after all business hours. The approved use is required to comply with applicable provisions of the Stockton Municipal Code including, but not limited to, the following: 1. Structures and other improvements, including paint, landscaping and irrigation systems, shall be maintained in a manner so as not to be blighted or deteriorated (SMC Section ). 2. The exterior wall of the building shall be used anti-graffiti paints. Any graffiti on the property must be removed within forty-eight (48) hours (SMC Section ). 3. The development of parking lot shall comply with Section of the Development Code. 4. The project is required to comply with applicable provisions of the California Fire

10 Item 5.01 ATTACHMENT 1 January 9, 2014 and Stockton Fire Department Standards. 5. No Loitering signs shall be posted on the exterior of the business in accordance with the Stockton Municipal Code. 6. There shall be no barbed/concertina wire or similar material visible for a public right-of-way. 7. As of November , project improvement plans must comply with the Stormwater Quality Control Criteria Plan, as outlined in the City s Phase 1 Stormwater NPDES permit issued by the California Water Quality Control Board, Central Valley Region (Order No. R ). The ODS must establish a maintenance entity acceptable to the City to provide funding for the operation, maintenance, and replacement costs of Storm Water Best Management Practices. 8. The ODS shall replace all hazardous, raised or broken curb, gutter and sidewalk within the limits of the site per Stockton Municipal Code Section Public Improvements. An encroachment permit is required for all work in the City s right of way. 9. The ODS will be required to provide an accessible path of travel from the building to the trash enclosure. The location of trash enclosure shall be placed closer to the building. WITNESSED BY: Forrest Ebbs Secretary to the Planning Commission Date

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