CITY COUNCIL AGENDA REPORT HONORABLE MAYOR AND COUNCIL MEMBERS ANDREW COHEN-CUTLER, ASSOCIATE PLANNER

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1 Approved by City Manager: CITY COUNCIL AGENDA REPORT DATE: NOVEMBER 30, 2015 TO: FROM: HONORABLE MAYOR AND COUNCIL MEMBERS ANDREW COHEN-CUTLER, ASSOCIATE PLANNER FILE NO.: PROPOSAL: INTRODUCTION OF ORDINANCE NO AND ADOPTION OF RESOLUTION NO APPROVING FILE NO , AN APPLICATION, INCLUSIVE OF: (1) A DEVELOPMENT CODE AMENDMENT TO SECTION OF THE CALABASAS MUNICIPAL CODE, ALLOWING BOUTIQUE HOME FURNISHINGS STORES UNDER 2,500 SQUARE FEET IN SIZE AS A PERMITTED USE IN THE COMMERCIAL, RETAIL (CR) ZONING DISTRICT, AND AS A CONDITIONALLY PERMITTED USE IN THE COMMERCIAL, OLD TOWN (CT), COMMERCIAL, MIXED USE (CMU), AND COMMERCIAL, BUSINESS-PARK (CB) ZONING DISTRICTS, AND AMENDING CHAPTER (DEFINITIONS) BY ADDING A DEFINITION FOR THE BOUTIQUE HOME FURNISHINGS STORE USE; AND (2) TO SUBSEQUENTLY APPROVE A CONDITIONAL USE PERMIT FOR A 1,769 SQUARE-FOOT BOUTIQUE HOME FURNISHINGS STORE AT CALABASAS ROAD WITHIN THE COMMERCIAL, OLD TOWN (CT) ZONING DISTRICT. MEETING DATE: DECEMBER 9, 2015 AGENDA ITEM NO. 7

2 SUMMARY RECOMMENDATION: That the City Council: (1) introduce Ordinance No amending Sections and of the Development Code; and (2) adopt Resolution No approving a Conditional Use Permit for a 1,769 square-foot Home Furnishings Boutique located at Calabasas Road, Suite B, within the Commercial, Old Town (CT) zoning district. REVIEW AUTHORITY: The City Council is reviewing this project because the Calabasas Municipal Code (CMC) Section states: For any specific project, the final review authority to approve, conditionally approve or deny an application ordinarily subject to the decision of a lower review authority shall be the higher review authority as identified in Table 6-1, if the application is filed concurrently with an application subject to the decision of a higher review authority. Table 6-1 stipulates that the final review authority for a Development Code Amendment shall be the City Council. Consequently the Council shall be the final authority in this case for both the Development Code Amendment and Conditional Use Permit, since the request for a Development Code Amendment and the request for a Conditional Use Permit were filed concurrently. BACKGROUND: On September 29, 2015, Ms. Julie Newman (applicant), submitted an application for a Development Code Amendment to allow Boutique Home Furnishings Stores under 2,500 square feet in size as a permitted use in the Commercial, Retail (CR) zoning district, and as a conditionally permitted use in the Commercial, Old Town (CT), Commercial, Mixed Use (CMU), and Commercial, Business Park (CB) zoning districts, and amending Chapter (Definitions) by adding a definition for the Boutique Home Furnishings Store use. The applicant concurrently submitted an application for a Conditional Use Permit to allow a 1,769 square-foot Boutique Home Furnishings Store at Calabasas Road, Suite B, within the Commercial, Old Town (CT) zoning district. The applications were routed to the Development Review Committee (DRC) members. The DRC had no comments on the application and staff determined that all requisite forms, documents, and plans were in order. Consequently, the application was deemed complete on October 26, On November 4, 2015, the Historic Preservation Commission (HPC), in accordance with their duties as stipulated in CMC Section , reviewed this project for conformance with the Old Town Calabasas Master Plan and Design Guidelines. At that meeting, the HPC determined that the proposed project conforms to the Old Town Calabasas Master Plan and Design Guidelines, and voted 3-1 to recommend that the Planning Commission recommend approval of the proposed project to the City Council. On November 19, 2015, the Planning Commission reviewed the project and voted 5-0 2

3 to recommend that the City Council approve both the Development Code Amendment and the request for a Conditional Use Permit. DISCUSSION/ANALYSIS: The key issues related to this project are discussed below: A. Development Code Amendment: The applicant is requesting a Development Code Amendment to allow for Boutique Home Furnishings Stores under 2,500 square feet in size as a permitted use in the Commercial, Retail (CR) zoning district, and as a conditionally permitted use in the Commercial, Old Town (CT), Commercial, Mixed Use (CMU), and Commercial, Business Park (CB) zoning districts, and amending Chapter (Definitions) by adding a definition for the Boutique Home Furnishings Store. Currently, furniture and home furnishing stores are permitted in the CR zoning district and conditionally allowed in the CB zoning district. These stores are not restricted in size or to what merchandise can be sold. However, there is no category in the Allowable Land Use Section (CMC 17.11) for smaller sized Boutique Home Furnishing stores; this category of business (which arguably falls within the larger Furniture and Home Furnishings Category) is not an allowed use in any other zoning district within certain areas of the city (such as Old Town Calabasas). The reasoning behind not allowing home furnishing stores within certain commercial areas of the city is to prohibit large high volume, single purpose: box store furniture outlets, building material stores and large single product stores (i.e. Mattress stores) in those areas of the city. Therefore, by limiting the maximum size of boutique home furnishing businesses to 2,500 square feet, the goal of prohibiting the larger box store furniture outlets is preserved. A Boutique Home Furnishings Store will be defined as: a store under 2,500 square feet in size selling a variety of items including but not limited to; home décor; pillows; decorative books; lamps; linens; fabrics; art; antiques; cutlery; glassware; kitchen utensils; and china. Stores that do not fit the definition of Boutique Home Furnishings Store include but are not limited to: single-purpose, high-volume stores that customarily exceed 2,500 square feet in gross size such as: carpet and flooring stores; tile stores; building materials stores; lighting stores; mattress stores; and, big-box retail or discount furniture stores. B. Conditional Use Permit: The applicant is requesting a Conditional Use Permit to operate a 1,759 square-foot boutique home furnishings store at Calabasas Road, Suite B, within the Commercial, Old Town (CT) zoning district and subsequent to adoption of the proposed Code Amendment. Currently, there is no category for this type of business listed in the allowable land uses table 3

4 (CMC Section 17.11). Consequently, this type of shop is prohibited. If the City Council approves the proposed Development Code Amendment, then this use will be a conditionally permitted use not only in the Commercial, Old Town (CT) zoning district but also in the Commercial Mixed Use (CMU) and Commercial, Business-Park (CB) zoning districts and a permitted use in the Commercial Retail (CR) zoning district. The surrounding uses in Old Town are an interior design studio, restaurants and offices. The proposed boutique home furnishings store will replace a clothing boutique. Upon approval, the existing store will become a boutique specializing in imported clothing and fashion accessories (jewelry, handbags, shoes, etc.), home decor items, and some prepackaged French specialty foods. With the exception of the home décor, the proposed sales are all currently allowed uses in the CT zoning district. There will be no increase in size of the existing retail store. The parking will remain unchanged. Because the proposed use is similar to the existing use and there is a similar business in the same building (interior design-suite A), the addition of a Home Furnishing Boutique to the area is compatible in use to the surrounding businesses. C. General Plan Consistency: The proposed Development Code Amendment and Conditional Use Permit allowing a Home Furnishing Boutique are both consistent with Calabasas General Plan, Policy II-11. The project will meet retail and service needs of Calabasas residents, contributing to a sound local economic base and will be visually attractive and compatible with the Commercial, Old Town zoning district as well as the other commercial zoning districts where this use will be permitted or conditionally permitted (CR, CMU, and CB). D. Old Town Calabasas Master Plan and Design Guidelines Consistency: The goal for new uses as stated within the Old Town Calabasas Master Plan and Design Guidelines is to provide a variety of commercial retail, visitor-serving, office, cultural and recreational uses in Old Town, and the objective is to create a lively sidewalk environment for shopping, eating and socializing, and maintain a small business focus in Old Town, recognizing the scale of Old Town would be lost with large chain or discount stores. The proposed new land use category is intended for a small, locally owned boutique store, which will provide a visitor-service, commercial retail use, commensurate with the goals and objectives identified in the Old Town Calabasas Master Plan and Design Guidelines. E. Required Findings: The required findings for a Development Code Amendment (Section (B)) are contained within Ordinance No (Attachment A). The required findings for a Conditional Use Permit (Section (E)) are contained within City Council Resolution No (Attachment B). 4

5 F. Environmental Review: This project is exempt from environmental review in accordance with Section of the California Environmental Quality Act (CEQA) and Section 15061(B)(3) and Section 15305,Class 5 (Minor alterations in land use limitations) of the CEQA Guidelines. FISCAL IMPACT/SOURCE OF FUNDING: No fiscal impacts or city costs are associated with this project. REQUESTED ACTION: That the City Council adopt: (1) Ordinance No amending Sections and of the Development Code; and (2) Resolution No approving a Conditional Use Permit for a 1,769 square-foot Home Furnishings Boutique located at Calabasas Road, Suite B, within the Commercial, Old Town (CT) zoning district, thereby approving File No ATTACHMENTS: Attachment A: Draft Ordinance Attachment B: City Council Resolution No Attachment C: Planning Commission Staff Report Attachment D: Planning Commission Resolution Attachment E: Draft Planning Commission Minutes, November 19, 2015 Attachment F: Historic Preservation Commission Staff Report Attachment G: Historic Preservation Commission Draft Action Minutes, November 4, 2015 Attachment H: Proposed Floor Plan Attachment I: Proposed Statement of Operations 5