Planning Commission Staff Report December 18, 2008

Transcription

1 Planning Commission Staff Report December 18, 2008 Project: Appeal of a Planning Director s Determination for Tintpros of Elk Grove Request: The Applicant is seeking to appeal the Planning Director s denial for the relocation of an automotive window tinting business within the Elk Grove Old Town Special Planning Area. File: EG Location: 8950 Elk Grove Boulevard APN: Planner: Mike Costa App. Accepted: November 18, 2008 Applicant Michael Barbone and Eric McCormick nd Avenue, Suite #D-2 Elk Grove, CA Property Owner Roy Perez P.O. Box 2515 Granite Bay, CA Staff Recommendation Staff recommends that the Planning Commission deny the appeal and uphold the Planning Director s Determination prohibiting the relocation of Tintpros of Elk Grove. Project Description The Applicant is requesting an appeal of the Planning Director s Determination that was made on November 11, The Determination denied Tintpros of Elk Grove, a currently restricted commercial business within the Elk Grove Old Town Special Planning Area (hereinafter referred to as Old Town SPA), from relocating to another commercial zone within the Old Town SPA. Setting Both the current and proposed locations for Tintpros of Elk Grove are located within the Old Town SPA. The present address for Tintpros is nd Avenue, Suite #D-2. The business is currently situated behind various existing automotive servicing and repair shops on a parcel setback from the main street frontage. The proposed location, 8950 Elk Grove Boulevard, fronts the street directly. Table 1 identifies existing uses, General Plan designations, and Zoning Code classifications for the proposed location and adjacent parcels. Table 1: Project Site and Surrounding Land Use Designations Existing Uses General Plan Zoning Project Site Automotive Audio Installation Shop Commercial (C) Old Town Elk Grove SPA (SPA-OT-Commercial) North Martial Arts Commercial (C) Old Town Elk Grove SPA (SPA-OT-Commercial) South Residential Low Density Residential Residential-5 (RD-5) East Former Elk Grove Library Commercial (C) Old Town Elk Grove SPA (SPA-OT-Commercial) West Restaurant Commercial (C) Old Town Elk Grove SPA (SPA-OT-Commercial)

2 Elk Grove Planning Commission File EG December 18, 2008 Page 2 of 7 Figure 1: Vicinity Map Project Site Figure 2: Existing and Proposed Location Map Existing Location: nd Ave. #D-2 Proposed Location: 8950 Elk Grove Blvd.

3 Elk Grove Planning Commission File EG December 18, 2008 Page 3 of 7 Background On October 14, 2008, the Applicant came to Elk Grove City Hall to request if he could relocate his automotive window tinting business, Tintpros of Elk Grove, to 8950 Elk Grove Boulevard within the Old Town SPA Commercial Zone. Staff informed the Applicant that, because Tintpros was an automotive service use and considered a Restricted Commercial use under the Old Town SPA Guidelines, he could not expand or relocate the business to another location within the Old Town SPA. The Applicant requested that the Planning Director review his request and make an official Determination for the record regarding whether or not he could relocate his business. On November 11, 2008, the Planning Director Determination was given denying the request to relocate Tintpros to 8950 Elk Grove Boulevard. The Determination was made based on Tintpros status as an existing restricted commercial use prohibited from expansion including moving to a new location. Under the conditions established in Section I-F (pg. 3) of the Elk Grove Old Town Special Planning Area Design Standards and Guidelines (hereinafter referred to as the Old Town SPA Guidelines), Restricted Commercial uses are allowed to continue operation in their existing form provided that they do not physically expand their facility or change their use. In addition, relocating a restricted commercial use to a new location within the Old Town SPA Commercial Zone is not permitted under Section III-7d (pg.11) of the Old Town SPA Guidelines. Analysis Tintpros of Elk Grove currently operates a facility that is located on a parcel that has minimal visibility from 2 nd Avenue. The present facility includes an indoor reception/waiting area for customers and one enclosed auto servicing bay used for the window tinting operations. Although the main facility is used solely for automotive window tinting, the business further provides offsite tinting services for homes within the Elk Grove area. The Applicant s proposed facility, currently Mike s Sound Solutions, immediately fronts the street and is within visibility of passing pedestrians and vehicular traffic along Elk Grove Boulevard. This facility contains an indoor reception area and two enclosed auto servicing bays that face Elk Grove Boulevard. Figure 3: Current Facility for Tintpros of Elk Grove at nd Avenue Figure 4: Proposed Facility, Mike s Sound Solutions, at 8950 Elk Grove Boulevard General Plan The General Plan s Historical Resources Element, Section HR-5-Action 1 (pg. 67), provides for the implementation of the Elk Grove Old Town SPA Ordinance. This Ordinance, adopted by the City Council in August 2005, is currently known as the Elk Grove Old Town Special Planning Area Design

4 Elk Grove Planning Commission File EG December 18, 2008 Page 4 of 7 Standards and Guidelines. The Applicant s request to relocate his business is not consistent with the General Plan because it deviates from the Old Town SPA Guidelines. Elk Grove Old Town SPA Design Guidelines and Standards Per Table 1 (pg. 10) of the Old Town SPA Guidelines, vehicle and commercial window tinting is not specifically listed as an allowable use in the Old Town SPA. Furthermore, Section III-7 (pg. 11) of the Old Town SPA Guidelines states: Where a use is not specifically listed in Table 1 Permitted Uses in the SPA Commercial Zone as a permitted or conditionally permitted use within the zone, the Planning Director shall determine whether the use is sufficiently similar to a listed use such that the use may be processed and approved as provided for in the Old Town SPA or that it is not sufficiently similar and would require an amendment of the Old Town Special Planning Area Design Standards and Guidelines to permit the use. In making the determination, the Planning Director had to consider the following: a. The extent to which the proposed use would meet the objectives and goals of the Old Town SPA to encourage pedestrian oriented retail, restaurant, and office uses; and b. The extent to which the proposed use would be compatible with the uses currently permitted in the Commercial Zone under Table 1; and, c. The ability of the City to condition the operation of such uses to adequately mitigate any potential inconsistencies with the objectives and goals of the Old Town SPA and the operation of uses currently permitted in the Commercial Zone under Table 1; and d. Whether the proposed use is a new industrial use or an automotive repair or servicing use. Such uses are expressly not permitted in the Commercial Zone. Under these current provisions established for the Old Town SPA, the Planning Director determined that Tintpros was sufficiently similar to an automotive servicing use. All existing automotive servicing uses are classified as restricted commercial uses within the Old Town SPA. Because Tintpros is an automotive servicing use, it is expressly not permitted as a new business at the proposed location per condition d shown above. Under Section I-F of the Old Town SPA Guidelines, both Tintpros and the existing car stereo business at 8950 Elk Grove Boulevard are classified as existing restricted commercial uses. Restricted commercial uses are only conditionally permitted provided they continue to operate as the same use within the same location. They may not be enlarged, expanded, or extended, nor can they be relocated to the site of another restricted commercial business within the Old Town SPA. Therefore, the proposed relocation of Tintpros would deviate from the objectives, goals, and standards established within the Old Town SPA Guidelines. Environmental Analysis The project is exempt from CEQA review pursuant to (Projects Which Are Disapproved) of the CEQA Guidelines. CEQA does not apply to projects which a public agency rejects or disapproves. The Applicant is appealing the Planning Director Determination that denied the relocation of his business. Should the Planning Commission consider granting the appeal, the project would further be categorically exempt from CEQA review pursuant to (Existing Facilities).

5 Elk Grove Planning Commission File EG December 18, 2008 Page 5 of 7 Letters from Commenting Agencies The Planning Director s Determination and Applicant s appeal letter were both routed to the Old Town Elk Grove Foundation and the Elk Grove Historical Society for their review and comment. Response letters from these organizations are included as Attachment C. The Elk Grove Historical Society provided Planning Staff with a response to the Applicant s appeal on November 19, In their response letter, they expressed concern over the interpretation of whether or not Tintpros of Elk Grove would be violating the Old Town SPA Guidelines. They would like Staff to consider that Tintpros could be classified as an auto accessory use and not an automotive repair or servicing use. Although there is no mention or definition within the Old Town SPA Guidelines about auto accessory uses, the Historical Society believed that it was never the intention to limit these types of businesses from locating within the Old Town SPA. In addition, they further suggested that, in this case, Tintpros would be relocating to an existing restricted commercial facility and would not be adding to the number of automotive businesses within Old Town. A response letter from the Old Town Elk Grove Foundation was provided to Staff on December 2, In their letter, the Foundation noted that they had discussed the relocation of Tintpros at their October 28 th meeting and had come to the consensus that the Old Town SPA Guidelines never intended to restrict auto accessory installation and sales uses such as Tintpros and the currently operating Mike s Sound Solutions. The Foundation supports the relocation of Tintpros to 8950 Elk Grove Boulevard because they believe that Tintpros of Elk Grove and Mike s Sound Solutions are essentially both auto accessory uses and therefore no change of use would be made to the proposed 8950 Elk Grove Boulevard site. Other Comments In addition to responses from both the Elk Grove Historical Society and the Old Town Elk Grove Foundation, Planning Staff received an from Roy Perez, the current owner of 8950 Elk Grove Boulevard, on December 3, This is included as Attachment D. Roy Perez s identifies the history of Tintpros business in the City of Elk Grove and his support for their relocation to 8950 Elk Grove Boulevard. Recommended Motion Should the Planning Commission agree with Staff s recommendation, the following motion is suggested: I move that the Planning Commission deny the appeal (EG ) and uphold the Planning Director s Determination that was made on November 11, 2008, based on the analysis and findings contained in the December 18, 2008 staff report. Alternatives for Planning Commission Consideration While Planning Staff recommends denial based on the current provisions established within the Old Town SPA Guidelines and does not have the level of discretion afforded to the Planning Commission, should the Planning Commission agree with the Applicant s appeal and overturn the Planning Director s determination, the following alternatives could be considered: 1. Based upon the receipt of comments from both the Elk Grove Historical Society and the Old Town Elk Grove Foundation, Tintpros of Elk Grove could be considered an auto accessory use

6 Elk Grove Planning Commission File EG December 18, 2008 Page 6 of 7 rather than automotive servicing and repair use. As such, the Planning Commission could treat the use as either Commercial Personal Services, similar to a bicycle shop, or the Commission could consider it Commercial General Retail, not like stereo installation. Under either of these defined classifications, the proposed use would not be inconsistent with provision d of Section III-7 of the Old Town SPA Guidelines. Should the Planning Commission proceed with this action, all auto accessory uses would be allowed to move into or relocate within the Old Town SPA. 2. Both Tintpros of Elk Grove and Mike s Sound Solutions could be considered auto accessory uses rather than auto servicing and repair uses; and therefore, neither would be expressly prohibited by Section III-7(d). In addition, the Planning Commission could still conditionally approve the relocation of Tintpros as an auto accessory restricted commercial use subject to the provisions established in Section I-F of the Old Town SPA Guidelines. Under these provisions, Tintpros would be allowed to relocate to 8950 Elk Grove Boulevard provided that they continue their exact same automotive window tinting operations and do not physically expand, enlarge, or extend the square footage of the existing facility. Should the Planning Commission proceed with this action, no additional automotive accessory uses would be allowed to move into or relocate within the Old Town SPA without a Planning Director s Determination. This Determination would be appealable to the Planning Commission. 3. The Commission could continue the Applicant s appeal to a date uncertain and direct Planning Staff to amend the Old Town SPA Guidelines to allow for auto accessory uses defined as commercial retail services that do not involve major automotive repair work, engine servicing, or other vehicle alterations that enhance the overall performance of the vehicle. Given Tintpros of Elk Grove business owner s desire to move as soon as possible, the delay to allow for processing of such an amendment to the SPA may not be amenable to the appellant. Findings CEQA Findings: The proposed project is exempt from CEQA review under (Projects Which Are Disapproved) of the CEQA Guidelines. Evidence: The CEQA Guidelines (Projects Which Are Disapproved) specifies that CEQA review does not apply to projects which a public agency rejects or disapproves. The Applicant is requesting to relocate his restricted automotive commercial use to an existing restricted automotive commercial facility. Should the Planning Commission consider granting the appeal, the project would further be exempt from CEQA review pursuant to (Existing Facilities). Planning Director s Determination Findings: The Applicant s request to relocate his restricted commercial use to another location within the Old Town SPA Commercial Zone is not consistent with the provision established in the General Plan and the Elk Grove Old Town Special Planning Area Design Standards and Guidelines. Evidence: The proposed relocation or Tintpros would deviate from the provisions established within the General Plan and the Elk Grove Old Town SPA Design Standards and Guidelines. Restricted commercial uses may not be enlarged, expanded, or extended, nor can they be relocated to the site of another restricted commercial business within the Old Town SPA.

7 Elk Grove Planning Commission File EG December 18, 2008 Page 7 of 7 Attachments A. Resolution B. Appeal Letter from Applicant C. Response from the Old Town Elk Grove Foundation and the Elk Grove Historical Society D. Letter from Roy Perez, Current Property Owner of 8950 Elk Grove Boulevard

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