04-009 Map

PROJECT DATA TABLE

* Deviations from SMC requirements. 

ANALYSIS

Background

The site was previously developed with a gas station, which was constructed in 1970.  In the mid-1990s, the gas station closed and was subsequently demolished.  In May 2000, the site was approved for construction of a new office building, with the conditions of approval allowing for limited medical/dental use (1,200 sq. ft. max.) and general office use.  In June 2002, the applicant proposed retail and personal service uses on the first floor and medical/dental office use on the second floor; however, the applicant modified their proposal in response to the concerns of the residential neighbors located east of the site.  The modification was to drop the request for retail use and to instead allow for general and medical/dental office use throughout the building.  The modified application was approved by the Planning Commission. 

In June, a proposed tenant contacted staff to discuss a potential use on the site.  On June 17, 2003, staff received a letter from a representative of the kitchen and bath business; the letter described the proposed business and sought a determination that the use would be considered to be an office type of use.  On June 20, 2003, staff sent a letter in response noting that, as proposed, the kitchen and bath business would be considered a retail use and would not be permitted at the proposed location.  On June 23, 2003, correspondence was received by the proposed tenant further defining their business and asking reconsideration of the determination that the kitchen and bath business would be considered a retail operation.  On July 8, 2003, staff responded to the correspondence, reiterating that the kitchen and bath showroom would be considered a retail use and not be allowed on the subject site (see Attachment 3 for correspondence).

On July 3, 2003, a business license was issued for kitchen and bath design administrative office.  The business license had specified the business as an “Administrative Office” and included no description of a showroom (see Attachment 4 for business license.)

On October 6, 2003, following complaints received about the kitchen and bath business, staff wrote a letter to the tenant informing them that the business, which includes a showroom, is a nonconforming use and to remove the showroom function from the premises by October 24, 2003, or face administrative action by the City.  Staff also advised the tenant that an application for reconsideration of retail uses may be filed (see Attachment 5 for correspondence requesting removal of showroom.)

On October 24, 2003, the owner filed the Special Development Permit currently under review.  The application seeks permission to maintain the existing kitchen and bath business and showroom.  The owner/applicant has indicated that the current proposal for expanded retail use of the site is due to the economic hardship posed by trying to rent the office space during a depressed economy.

Christine Fronczak, President of the Homestead Village Association and residential neighbor to the subject site, presented a list of concerns associated with the subject property at the December 2, 2003, City Council meeting.  Staff was requested to respond to the concerns raised and to additional questions of clarification by City Council Members (see Attachment 9 for comments from Christine Fronczak and staff response memo).  Council Member Julia Miller initiated a request to pre-appeal this Special Development Permit to be heard at the January 6, 2004, City Council meeting (see Attachment 10 for City Council minutes of December 6, 2003).

On December 15, 2003, the Planning Commission considered the application, which had a recommendation of denial by staff.  Some of the neighboring homeowners expressed concerns with the application and recommended denial.  The Planning Commission was unable to make the required Findings and denied the application.

Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site.

Description of Proposed Project

This proposal includes the expansion of the approved general and medical/dental office use to allow for the use of 1,186 sq. ft. as a kitchen and bath design administrative showroom (commercial/retail) office.

There are no other proposed changes to the previously approved permit, thus Architecture, Stormwater Management, Landscaping, and Easements/ Undergrounding are not addressed in this report.

Environmental Review

A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines.   Class 1 Categorical Exemptions include minor alterations to existing facilities.

Special Development Permit

Site Layout: The subject site is located on the northeast corner of the intersection of South Wolfe Road and Homestead Road.  The building is located toward the corner of the site at the intersection with pedestrian entry points facing the streets.  Parking is provided along the side and rear of the building.  Landscaping and decorative paving are located between the building and the front property lines adjacent to Wolfe and Homestead Roads.

Use:  The subject site is Zoned as Neighborhood Business/Planned Development Zoning District (C-1/PD).  The Commercial (C-1) Zone is a Neighborhood Business District, which is reserved for the construction, use and occupancy of commercial buildings providing retail commercial shopping and service facilities to the adjacent neighborhood residential areas (SMC 19.20.020).  The Zoning is combined with Planned Development (PD), which provides for modifications, additions and limitations to other zoning districts to meet special conditions and situations concerning properties within such zoning districts that cannot otherwise be handled satisfactorily (SMC 19.26.010).

Condition of Approval No.5 from the previously approved Special Development Permit 2002-0297 allows for general and medical/dental office use on the site. This Condition of Approval also specifies that any modification of the approved uses would require review at a public hearing before the Planning Commission.

This application, as submitted, is solely for the use of 1,186 sq. ft. office space (about 14.4% of the total floor area) on the first floor to be used as a kitchen and bath showroom.  The showroom is currently in operation on the subject site.

Staff considers the business to be a retail service use. “Retail service use” means a use engaged in providing retail sale, rental, service, processing or repair of items primarily intended for consumer or household use.  “Retail sales businesses" means a business engaged solely in the retail sales of consumer products (SMC 19.12.190).

The project proponent describes the use as a full service hardware distributor based in Oakland, California.  The applicant indicates that activities that take place on site involve consultation on home design, and helping customers place an order with the Oakland-based distribution center.  The applicant has stated that no goods are held on the site and there is no exchange of money on site, as all financial transactions occur directly with the Oakland-based headquarters.  Once purchased, the kitchen and bath supplies are delivered directly to the customer’s home.  The showroom hours of operation are 10:00 a.m. to 7:00 p.m. Wednesday through Monday (closed on Tuesdays) and the showroom typically receives 2 to 6 customers per day. 

Parking/Circulation: Previously approved Special Development Permit 2002-0297 allowed for a total of 41 parking spaces.  The current application, seeking to allow limited commercial use, will increase the parking requirement by one additional parking space. 

The parking requirements for a site vary by the type of use.  As the site is approved for general office and medical/dental use, the calculation for required parking assumes remaining occupancy by the most restrictive use. 

The following table demonstrated the different parking requirements for the currently permitted use and proposed uses.