Planning Commission Staff Report August 6, 2015

Transcription

1 Planning Commission Staff Report August 6, 2015 Project: Laguna Shooting Center File: EG Request: Conditional Use Permit and Design Review Location: 2220 Kausen Drive APN: & -080 Staff: Gerald Park, Senior Planner Owner: Andrew Tonis 7390 Pocket Road Sacramento, CA Applicant: Andrew Tonis 2220 Kausen Drive Elk Grove, CA Staff Recommendation Staff recommends that the Planning Commission adopt a Resolution: 1. Finding no further CEQA review is necessary for the Laguna Shooting Center Project pursuant to Section (Existing Facilities) of Division 6 of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines); and 2. Approving a Conditional Use Permit and Design Review for the Laguna Shooting Center Project (EG ) subject to the findings and conditions of approval included in the draft Resolution (Attachment 1). Project Description The Laguna Shooting Center Project (Project) consists of a 1) Conditional Use Permit (CUP) to allow the establishment and operation of an indoor shooting range in the Light Industrial (LI) zone district, and 2) Design Review to allow the exterior remodel on the north building elevation and to modify the site layout by providing 10 additonal parking spaces. These approvals are required pursuant to Title 23 (Zoning) of the City s Municipal Code in order to establish the use and modify the exterior of the building. Background On June 27, 2012, the City Council adopted amendments to Title 23 of the Municipal Code (hereinafter referred to as the Zoning Code ) that included adding a definition for Indoor Shooting Range and amending Table (Allowed Uses and Required Entitlements for Base Zoning Districts) to allow the use with a Conditional Use Permit in the LI zone district. The Zoning Code defines Indoor Shooting Range as follows: Indoor Shooting range means a totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range s approved use. The Project is proposed to be established within an existing 4,714 square-foot building that resides on the Project site. Currently, the Applicant is operating three types of businesses within 1

2 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 2 the building that includes a retail gun store, vehicle repair service, and a U-Haul/Cruise America vehicle rental service. As proposed, the shooting range would replace the vehicle repair use and convert the vehicle service bay area into the shooting range. Project Setting The Project site consists of two parcels that share a single site address of 2220 Kausen Drive; just north of Laguna Boulevard and west of Harbour Point Drive (see Figures 1 and 2). The site is builtout with a 4,714 square-foot building with associated parking, lighting, and landscaping. A 10,500 square-foot rental truck parking area (100 feet by 105 feet) is located on the northern half of the Project site. Surrounding land uses include a public storage facility to the north; hotel and gas station to the south; gas station to the east; and industrial office to the west. Table 1 provides the General Plan land use designations and zoning designations for the surrounding uses. Table 1. Adjacent Land Designations and Uses Existing Use General Plan Zoning Project Site Gun Store Vehicle Repair Truck/RV Rental Light Industry Light Industrial (LI) North Public Storage Light Industry LI South Hampton Inn & Suites, Shell Gas Station Laguna West Business Center Commercial General Commercial (GC) West Light Industry LI East Union 76 Gas Station Light Industry LI 2

3 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 3 Figure 1. Location Map Project Site Figure 2. Project Site Project Site 3

4 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 4 Analysis The proposed Project has been reviewed in accordance with the City s General Plan, Zoning Code, and the City s Design Guidelines. Conditional Use Permit As mentioned, the CUP is to allow the establishment and operation of an indoor shooting range in the Light Industrial zone district. The shooting range would consist of nine 25-yard shooting lanes that can accommodate handguns and rifles for target shooting (see Figure 3). As proposed, gun rentals, range ammunition, and target sales would be handled in a gun rental room that is separated from the gun store. A waiting area would also be accommodated in the rental room as the shooting range is based on a first-come-first-serve basis. The hours of operation for the shooting range will be Monday through Saturday from 10:00 a.m. to 10:00 p.m. and Sunday from 10:00 a.m. to 7:00 p.m. A certified Range Safety Officer (RSO) will be stationed in the range area and monitor all shooting activities during the hours of operation. The full-time RSO is an extra precautionary measure being provided by the Applicant to ensure range safety is always enforced. Incidental uses associated with the range would also include a variety of instructional courses such as the following: Basic and Advanced Rifle /Pistol Shooting Basic Shotgun Shooting FIRST Steps Pistol Orientation Basic Personal Protection in the Home Basics of Personal Protection Outside the Home Refuse to be a Victim Seminars Women on Target Events California Conceal Weapons Permit Instruction/Qualification The Applicant has indicated that courses requiring classroom work would be limited to a maximum of eight students and held only during Saturdays and Sundays. The classroom is proposed to be located in a 650 square-foot room located in the second floor mezzanine. In providing support for the shooting range, the Applicant has collected over 460 names of individuals that support the range (see Attachment 2). Figure 3 illustrates the conceptual floorplan layout. The area shown for the vehicle rental service, administrative office, and gun store already exist and require no interior modifications. The remaining floor area will be separated into the gun rental room and shooting range. The vehicle rental service area will remain completely segregated from the gun store and shooting range and will maintain a separate entrance located on the south side of the building. Entrance to the gun store and shooting range is located on the north side of the building. The administrative office serves both businesses and additionally serves as a private office for the business owner. The shooting range area would be surrounded by impenetrable walls, floor and ceiling. The building walls were originally built with concrete masonry units (CMU) that were filled with concrete in order to serve as a noise barrier for the vehicle repair service (i.e. impact wrenches, air compressor, etc.) The floor was built with ten-inch-thick concrete in order to support vehicle lifts. For the ceiling, the Applicant is proposing to use steel deflector plates lined in succession that would deflect off-target bullets to the floor. The proposed backstop consists of three feet minimum thickness of sand, rubber matting, and railroad ties. An air and exhaust ventilation 4

5 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 5 system would also be installed to control exposure to lead fumes and dust. These improvements will adequately contain projectiles and range noise to the interior of the facility. Figure 3. Conceptual Building Layout 10 Additional Parking Spaces U-Haul/ CA Gun Rental & Waiting Area Shooting Range Office Gun Store Table 2 provides the existing business hours for the vehicle rental service and gun store, plus the proposed hours for the shooting range and associated instructional courses. Staff has reviewed the business hours for each individual use and finds no potential impacts that would be associated with the overlapping of business hours. Although the gun store is currently an active business, staff would classify the gun store as an accessory retail to the shooting range if approved, since retail sales is not a standalone permitted use in the LI zone district. The gun store was established through the business license process; the Planning Department does not review zoning for proposed businesses that are submitted via business licensing. This process was as a result of City Council direction. 5

6 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 6 Table 2. Business Hours of Operation Use Days Time Shooting Range Monday Saturday Sunday 10:00 a.m. to 10:00 p.m. 10:00 a.m. to 7:00 p.m. Instructional Courses Saturday - Sunday 8:00 a.m. 5:00 p.m. Gun Store U-Haul/Cruise America vehicle rental Monday Friday Saturday Sunday Monday Saturday Sunday 10:00 a.m. to 6:00 p.m. 10:00 a.m. to 3:00 p.m. Closed 8:00 a.m. to 6:00 p.m. 9:00 a.m. to 3:00 p.m. As shown in Table 3, a total of 19 parking spaces would be required in addition to one stall per rental vehicle. Currently, the Project site provides a total of 39 stalls plus a 10,500 square-foot rental truck parking area. As part of the Design Review, the Applicant is proposing to add 10 additional parking spaces along the north side of the building, thus increasing the total number of parking spaces to 49 spaces (see further discussion in Design Review section below). Staff concludes that the Project site provides an adequate number of parking spaces that can serve all uses simultaneously. Condition #2 would also ensure that the Applicant must meet the minimum parking requirement pursuant to the Zoning Code. Use Shooting Range & Gun Store Table 3. Required Parking Required Parking Spaces 1 space per lane & 1 space per 250 sq. ft. of retail area Subject to Require Parking 9 lanes plus 890 sq. ft. retail Parking Spaces Required 13 Instructional Classroom 1 space per 2 students, plus 1 space per employee 8 students plus 1 instructor 5 U-Haul/Cruise America vehicle rental 1 space per 400 sq. ft. plus 1 space per rental vehicle 400 sq. ft. (service area & office) 1 Parking Required 19 Parking Provided (includes 10 new additional stalls) 49 6

7 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 7 Design Review Non-residential projects are subject to Design Review when exterior remodels, including site modifications, are not substantially consistent with the existing improvements or approved plans. The proposed Project plans to remodel the building s north elevation by sealing the service bay door openings with matching concrete masonry units and adding 10 new parking stalls along the north elevation. Thus, the Project is subject to a Minor Design Review for compliance with the Zoning Code and the City s Design Guidelines standards. North Elevation Remodel As mentioned in the Background section, the shooting range is proposed to be located in the vehicle service bay area that was associated with the prior vehicle repair use. A total of six service bays are located on the north elevation (see Figure 4). In order to accommodate the shooting range, the Applicant is proposing to remove the existing roll-up bay doors and fill the opening with CMU blocks that would match the existing CMU utilized around the opening. The Applicant would also fill the CMU blocks with concrete in order to form an impenetrable barrier. Staff believes the visual impact will be minimal as the service doors are located on the north side of the building and not visible from public view on Laguna Boulevard. As the exterior remodel is also subject to Covenants, Conditions, and Restrictions (CCRs) established for Laguna West, the Applicant has consulted with the Laguna West Association and received approval for the remodel (see Attachment 3). Although not subject to Design Review, it should be noted that the Applicant is also proposing to seal the building windows that are on the south side of building with AR500 steel plating as the windows are facing the shooting range (see Figure 4). The plating would be placed behind the window and painted black in color so as to maintain the visual appearance of the windows from Laguna Boulevard. 7

8 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 8 Figure 4. North and South Building Elevation Modifications Existing roll-up doors to be removed and replaced with CMU North Elevaton Windows to have interior steel plating South Elevation 8

9 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 9 Site Modifications In conjunction with the proposed sealing of the service bay door openings, the Applicant is also proposing to add 10 additional parking spaces along the north side of the building where the service bay driveway existed (see Figure 5). The additional parking spaces would increase the number of spaces from 39 to 49. The minimum drive aisle width of 20 feet would be maintained between the proposed parking spaces and rental truck parking area. The new parking spaces would be subject to conform to the parking space design standards established in the Zoning Code. Figure 5. Parking Space Plan Proposed 10 Additional Parking Spaces 9

10 Elk Grove Planning Commission Laguna Shooting Center (EG ) August 6, 2015 Page 10 Letters from Commenting Agencies This Project was circulated to various City, County, and utility agencies for review and no issues of concern were identified. Comments from agencies have either been addressed through the processing of the Project or have been included as Conditions of Approval. These conditions have been compiled as Exhibit C in the attached Resolution (Attachment 1). Environmental Analysis The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, (hereinafter referred to as CEQA) requires analysis of agency approvals of discretionary projects. A project, under CEQA, is defined as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The proposed Project is a project under CEQA. Staff has reviewed the project to determine the required level of review under CEQA. The project is categorically exempt from CEQA review pursuant to Guidelines Section (Existing Facilities) of the CEQA Guidelines. This exemption applies to operation of existing facilities where there is no or negligible expansion of the facility, and where interior alterations may occur. The proposed shooting range would occupy an existing building, would not include any expansion of the building, and would only include interior tenant improvements. Therefore, this project qualifies for the identified exemption and no further environmental review is required. Recommended Motion Should the Planning Commission agree with staff s recommendation, the following motion is suggested: I move that the Planning Commission adopt a Resolution finding no further CEQA review is necessary for the Laguna Shooting Range Project (EG ) pursuant to Section (Existing Facilities) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and approve the Conditional Use Permit and Design Review for the Laguna Shooting Range Project (EG ), subject to the findings and Conditions of Approval included in the draft Resolution (Attachment 1). Attachments 1. Draft Planning Commission Resolution Exhibit A - Project Description Exhibit B - Project Plans Exhibit C - Conditions of Approval 2. Shooting Range Supporters 3. Laguna West Approval Letter 10

11 RESOLUTION NO August 6, 2015 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT AND DESIGN REVIEW FOR THE LAGUNA SHOOTING RANGE PROJECT NO. EG KAUSEN DRIVE APN: & WHEREAS, the Planning Department of the City of Elk Grove received an application on May 12, 2015 from Andrew Tonis (the Applicant) requesting a Conditional Use Permit and Design Review (the Project); and WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APNs: and -080; and WHEREAS, the City has determined that the Project is subject to the California Environmental Quality Act (CEQA); and WHEREAS, Section (Existing Facilities) of the California Code of Regulations, Title 14, (State CEQA Guidelines) applies to projects that consist of the 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 or use beyond that existing at the time of the lead agencies determination; and WHEREAS, based on staff s review of the Project, no special circumstances exist that would create a reasonable possibility that granting a Conditional Use Permit and Design Review for this Project will have a significant effect on the environment; and WHEREAS, the Planning Department considered the Project request pursuant to the Elk Grove General Plan, the Elk Grove Municipal Code Title 23 (Zoning), and all other applicable State and local regulations; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 6, 2015 as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Elk Grove finds the Project exempt from the provisions of CEQA under Section (Existing Facilities) of Title 14 of the California Code of Regulations based upon the following findings: CEQA Finding: The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section (Existing Facilities) of Title 14 of the California Resources Code of Regulations. 11

12 Evidence: CEQA Guidelines Section applies to projects that consist of the 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 or use beyond that existing at the time of the lead agencies determination. The Project involves locating an indoor shooting range use into an existing building. There will be no expansion of the existing building. No special circumstances exist that granting a Conditional Use Permit and Design Review would create a significant adverse effect on the environment. AND, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Elk Grove hereby approves a Conditional Use Permit and Design Review for the Project, as described in Exhibit A and illustrated in Exhibit B, subject to the conditions of approval in Exhibit C (all incorporated herein by this reference), based upon the following findings. Conditional Use Permit Finding #1: The proposed use is consistent with the General Plan and all applicable provisions of Title 23 of the Municipal Code (Zoning Code). Evidence: The General Plan land use designation for the subject property is Light Industry and the zone district is Light Industrial (LI). The proposed indoor shooting range use is a conditionally allowed use in the LI zone district. Thus, the issuance of a Conditional Use Permit for the indoor shooting range would maintain consistency with the General Plan and Zoning Code. Finding #2: The establishment, maintenance or operation of the use applied for will not under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the City. Evidence: Surrounding uses in the immediate vicinity of the Project includes a public storage facility to the north; hotel and gas station to the south; gas station to the east; and industrial office to the west. The proposed use is compatible with the adjacent developments as the proposed use would not introduce or create any conflicts by changing the nature of the existing development in any significant way. The operation occurs indoors and would be completely screened from public view. The Project also proposes to add 10 additional parking spaces, thus increasing the total of parking spaces that exceeds the minimum required amount pursuant to the Zoning Code. The establishment of the proposed indoor shooting range would not create any foreseeable hazards that would be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons working in the area. Design Review Finding #1: The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, specific plan provisions, special planning area provisions, Citywide Design Guidelines, and improvement standards adopted by the City. Evidence: The proposed building remodel and the addition of 10 parking spaces have been reviewed in accordance with the General Plan, Zoning Code, and Citywide Design Guidelines. It is concluded that the building remodel and addition of parking spaces meets all applicable development standards prescribed by the Zoning Code and 12 Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 2 of 9

13 Citywide Design Guidelines. The proposed building material to seal the bay door openings will be matching split-face CMU blocks that will provide a consistent façade along the north building elevation. The addition of 10 parking spaces will increase the total number of parking spaces to 49, thus providing sufficient spaces to maintain the vehicle rental service and provide the minimum parking requirement of 19 spaces. The Project is subject to conditions of approval that will ensure consistency with all standard requirements. Finding #2: The proposed architecture and site design is suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community. Evidence: The proposed remodel of the building would not alter the overall exterior design of the building. The proposed exterior modifications are substantially similar to the existing building and are therefore suitable for the site. The new construction will upgrade the exterior façade and materials and will therefore enhance the character of the neighborhood and community. The addition of the 10 parking spaces is an additional benefit that will not alter the Project site s circulation. Finding #3: The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties. Evidence: The Project site has an existing building that incorporates a uniform style throughout, which includes stucco, split-face CMU, and window storefront. The colors consist of earth tone colors such as browns and tans. The proposed CMU blocks that would be utilized to seal the service bay door openings will match the existing CMU utilized on the building and would not alter the colors or materials on the building. The architecture, including the character, scale and quality of the design, including the finish, material, and color establishes a clear design concept and compatibility. The Project is compatible with the surrounding industrial uses and would not alter the character of surrounding properties. Finding #4: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation. Evidence: The existing footprint of the building would not change and the addition of 10 parking spaces would not alter the onsite circulation pattern. Therefore, the project would not conflict with vehicular, bicycle or pedestrian modes of circulation. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 6 th day of August 2015, by the following vote: AYES: NOES ABSENT: ABSTAIN: Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 3 of 9 13

14 ATTEST: Sandy Kyles, PLANNING SECRETARY George Murphey, CHAIR of the PLANNING COMMISSION 14 Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 4 of 9

15 Exhibit A Laguna Shooting Range (EG ) Project Description PROJECT DESCRIPTION The propsoed Project, Laguna Shooting Center Project (Project), consists of a 1) Conditional Use Permit to allow the establishment and operation of an indoor shooting range in the Light Industrial (LI) zone district, and 2) Design Review to allow the exterior remodel on the north building elevation and to modify the site layout by providing 10 additonal parking spaces. Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 5 of 9 15

16 Exhibit B Laguna Shooting Range (EG ) Project Plans Proposed 10 Additional Parking Spaces Site Plan 16 Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 6 of 9

17 10 Additional Parking Spaces U-Haul/ CA Gun Rental & Waiting Area Shooting Range Office Gun Store Interior Floorplan Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 7 of 9 17

18 Existing roll-up doors to be removed and replaced with CMU North Elevation Windows to have interior steel plating South Elevation Building Elevation Modifications 18 Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 8 of 9

19 Exhibit C Laguna Shooting Center (EG ) Conditions of Approval Conditions of Approval On Going 1. The Project approved by this action is for a Conditional Use Permit and Design Review, as specifically described in Exhibit A and as illustrated in the Project plans in Exhibit B. Timing/ Implem entation On-Going Enforcement/ Monitoring Planning Verification (date and Signature) Deviations from the approved plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body. 2. This action does not relieve the Applicant of the obligation to comply with all codes, statutes, regulations, and procedures. On-Going Planning 3. The Applicant, or Successors in Interest (hereby referred to as the Applicant), shall hold harmless the City, its Council Members, its Planning Commission, officers, agents, employees, and representatives from liability for any award, damages, costs and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this Application or any environmental or other documentation related to approval of this permit. Applicant further agrees to provide a defense for the City in any such action. On-Going Planning Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 9 of 9 19

20 Conditions of Approval 4. Except as otherwise specified or provided for in the Project plans or in these conditions, the Project shall conform to the development standards and design requirements adopted by the City of Elk Grove, specifically including but not limited to the following: Timing/ Implem entation On Going Enforcement/ Monitoring Planning Public Works Verification (date and Signature) The Elk Grove Zoning Code (Title 23 of the EGMC) EGMC Chapter (Tree Preservation and Protection) EGMC Chapter (Water Efficient Landscape Requirements) 5. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), or other agencies or services providers as established by law. On-Going Planning Public Works CCSD 6. Approval of this Project does not relieve the Applicant from the requirements of subsequent permits and approvals, including but not limited to the following: On-Going Planning Building CCSD Building Permit and Certificate of Occupancy Fire permit 7. The hours of operation for the indoor shooting range shall be limited to the following: On_Going Planning 10:00 a.m. to 10:00 p.m. from Monday through Saturday 10:00 a.m. to 7:00 p.m. on Sunday 8. The Applicant shall maintain a Range Safety Officer (RSO) on-site at all times that the Range is operational. On-Going Planning ### 20 Planning Commission Resolution Resolution XXXX Ι August 6, 2015 Laguna Shooting Range (EG ) Page 10 of 9

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