CITY OF SACRAMENTO DEPARTMENT OF PLANNING & BUILDING ZONING ADMINISTRATOR 1231 I Street, Sacramento, CA ACTION OF THE ZONING ADMINISTRATOR

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1 Page 1 CITY OF SACRAMENTO DEPARTMENT OF PLANNING & BUILDING ZONING ADMINISTRATOR 1231 I Street, Sacramento, CA ACTION OF THE ZONING ADMINISTRATOR On Wednesday, October 13, 2004, the Zoning Administrator approved with conditions a request to waive additional required parking to allow restaurant uses to occupy tenant space in an existing commercial building to be renovated for the project known as file Z Findings of Fact and conditions of approval for the project are listed on pages 3-6. Proiect Information Request: Location: Zoning Administrator Special Permit to waive the additional required parking (equivalent to 17 spaces) to allow for up to 90 seats of new restaurant use into an existing 5000± square foot commercial building to be renovated with 19 existing parking spaces on 0.30± developed acres in the General Commercial (C-2) zone th Street (D6, Area 3); also, 2994 and th Street Assessor's Parcel Number: Applicant: Bob Rosenberg InveStnet Inc Hurley Way, Suite 180 Sacramento, CA Property RR Sacramento LLC, MZLB Sacramento LLC, et al Owner: P.O. Box Sacramento, CA Project Planner: Philip Reed General Plan Designation: Community/Neighborhood Commercial & Offices Community Plan Designation: none (no community plan) Existing Zoning of Site: General Commercial (C-2) Existing Land Use of Site: small multi-tenant commercial building; tenants include a used appliance store and dress maker/alterations shop. Surrounding Land Use and Zoning: North: R-1; single-family home South: C-2; small multi-tenant commercial building on other side of street East: R-3; Jefferson Commons apartment complex, under construction West: R-1; single-family homes Property Dimensions: Property Area: Topography: Street Improvements: Utilities: 112 feet x 119 feet 0.30± acres Flat Existing Existing Parking: Required: 36 Proposed: 19 Building Area: Existing: 5000± sq.ft. Proposed: 5356± sq.ft. Building Type: 1-story, plaster walls, with curved corners

2 Page 2 Previous Files: Project Plans: None see Exhibits A, W, and Additional Information: The proposed project involves the renovation of an existing 5000± square foot commercial building on the northwest corner of Broadway and 65 th Street. Included in this renovation is a small addition in back (increasing total building area to 5356± square feet) to accommodate ADA compliant restrooms and a place for new mechanical equipment where it will no longer be visible on the roof. The renovation will also involve considerable change to the façade, while retaining the curved corners and other general features characteristic of the original building. The objective of the renovation is to attract new tenants and clientele to the property and thereby better serve the growing and changing residential population of the surrounding neighborhood; and as an added benefit, the renovation will provide a start for the rejuvenation of a long blighted neighborhood commercial center. The entitlement requested is a waiver of the additional parking that would be required to establish new restaurant uses in the building with a total of up to 90 seats. The Zoning Code requires one parking stall for every 400 square feet of retail space, up to a maximum of 9600 square feet of total building area, while restaurant uses are required to provide one parking stall for every three (3) seats in the restaurant. A 90 seat restaurant would require 30 parking stalls. The existing parking on the property provides no more than 22 stalls, all of which are substandard or non-conforming, and some of which are marginal at best in function. The site plan submitted shows a total of 18 or 19 parking stalls, retaining all of the existing stalls which back out onto 65th Street and Broadway, and reconfiguring or eliminating the worst of the existing stalls, behind the building. The applicant has proposed a combination of uses requiring 36 parking stalls, requiring a waiver of 17 or 18 stalls, or half of the required parking. The City's Zoning Code requires approval by the Zoning Administrator of a Special Permit to waive any amount of parking for commercial buildings up to 10,000 square feet in area. The 18 parking stalls provided on the proposed site plan could allow for anywhere from 15 to 54 seats of restaurant use without approval of a parking waiver, depending on how much (if any) of the building is devoted to retail. A restaurant with 54 seats would be possible only if the entire building is restaurant, with no retail. The entitlement requested represents an increase in restaurant seating of 36 seats, while retaining the ability to provide some retail space. With 90 seats of restaurant use, 36 parking stalls allow for a maximum of 2,400 square feet of retail space, with the remainder of the building area devoted to restaurant uses. To allow a greater amount of retail space would require a reduction in restaurant seating. The owner of the building could lease tenant space for less than the total 90 seats approved in order to provide a greater amount of retail space, should the economics prove more favorable for him to do so, but failure to implement the approved entitlement for any period of two years or more would result in expiration of the approval. Unlike most requests for a parking waiver, there are no specific restaurant tenants proposed in this application; while there are certain types of restaurant uses favored, the project is still somewhat speculative in nature. Staff has determined that such a general entitlement may be granted only if subject to some restrictions on the nature and operation of allowable restaurant uses. Specifically, staff has concluded that, in keeping with the stated goals of the applicant, the project should be prohibited from developing a single restaurant with 90 seats. Instead, the project will be required to divide the 90 seats among more than one tenant, with no more than 45 seats allowed within any one tenant space.

3 Page 3 Other restrictions, intended to address the concerns of the adjacent residential neighborhood, have been included as conditions of approval. Agency Comments: The project plans were reviewed by the Department of Utilities, the Building Division and Development Engineering and Finance (Public Works) Division of the City's Development Services Department, and the Police and Fire Departments. Their comments have been included below as conditions of approval. Neighborhood Comments Planning staff received one call and one from neighbors who expressed concern about the proposed project. In addition, some concerns about the project were expressed by neighbors who attended an unrelated local community meeting in the area. The concerns expressed centered primarily on the possibility of restaurant patrons parking on the residential streets in front of their houses, as well as traffic safety at an already very busy intersection (65th and Broadway). Also, the neighbors immediately adjacent to the subject property expressed concern about the possibility of increased noise, either from patrons or from delivery and trash trucks servicing the property, increased smell from food based garbage, and the possibility for intrusive lighting and signage facing their homes. Regarding the possible increase in traffic, Development Engineering analyzed the change in intensity of use, for greater restaurant use compared to those commercial uses that the zone currently allows by right, and found that the increase was minimal and not near the threshold for requiring a traffic study or imposing traffic related street improvements as a condition on the project. The intersection has benefited from having relatively less intensive commercial retail tenants in the building in recent years, but the present situation does not reflect the level of commercial activity that could be possible by right without approval of a parking waiver or any other entitlements. The other concerns expressed by neighbors have been addressed by the conditions of approval restricting hours of operation, hours for garbage collection and deliveries, signage, and provisions to encourage use of transit and other alternative transportation instead of driving. The Zoning Administrator Hearing Two residential neighbors were present at the hearing. The applicant showed sensitivity to the concerns of the neighborhood and was receptive to the suggestions of both neighbors and staff to minimize the impacts of those concerns. The conditions of approval (below) represent general agreement between all parties, the neighbors present, staff, and the applicant. Environmental Determination This project will not have a significant effect on the environment and is exempt from environmental review pursuant to California Environmental Quality Act Guidelines, Section 15301(a). Conditions of Approval: 1. This approval allows up to 90 seats of restaurant use within a 5356± square foot building with at least 18 on-site parking spaces as indicated on the approved site plan. Any changes to the approved plans, as well as future proposals to modify this approval or any of its conditions shall require additional review and approval by the Planning Division. 2. A single restaurant tenant containing all 90 seats of allowable capacity shall NOT be allowed. The total allowable 90 seats of restaurant use shall be split between multiple restaurant tenants, with no one tenant providing more than 45 seats in a single restaurant. 3. Hours of operation for all restaurant uses in the building shall be limited to no earlier than 5:00 AM and no later than 11:00 PM.

4 Page 4 4. The peak periods of operation for different tenants in the building shall be staggered as much as possible so as to minimize overlap of operation; in other words, for example, a coffee house catering to morning traffic, a lunch place for midday traffic, and a third eating place catering to evening hours when the other businesses are closed for the day. 5. The maximum allowable restaurant seating shall include any outdoor seating on the property, as well as all indoor seating. 6. A minimum total of 10 bicycle spaces (in the form of open bicycle racks) shall be provided in at least two (2) separate locations on the site for customer use. An additional bicycle rack shall be provided behind the building in a protected location for employee use. Applicant is also encouraged to provide one or two bicycle lockers in a secure location behind the building for employee use. 7. Employees shall be encouraged to use transit, bicycle, or walk, rather than drive to work and park at th Street. Hiring employees from the local neighborhood who would not need to drive to work and park should be encouraged. 8. Transit information, such as Regional Transit bus route schedules and light rail schedules, shall be displayed in prominent locations in each tenant space occupied in the building. 9. The tenant lease agreements entered into for occupancy of tenant space in this building shall incorporate provisions to discourage all lessees and their managers and employees from parking on any of the residential streets in the neighborhood. The lease agreement must specifically prohibit such parking on Kroy Way. The tenant lease agreements also shall incorporate all provisions in these conditions of approval regarding signage, hours of operation, and the acceptable hours for deliveries and trash collection, as well as language to encourage hiring employees from the local neighborhoods, encourage employee use of transit and other means of alternative transportation to avoid driving and parking, and the requirement to display transit information. 10. There shall be placed in several locations on or around the building and in parking areas signs which request that customers "Please respect the neighborhood. Do not park on local residential streets" or wording to that effect. 11. Trash pick-up, and all other pick-up and deliveries, shall not be allowed from 10:00 PM at night until 7:00 AM in the morning, in order to minimize disturbing the adjacent residential neighborhoods. 12. There shall be no signage allowed on the back (west side) or north side of the building advertising the names of businesses, whether lighted or not. Each tenant who has a nonpublic door in back for receiving merchandise and other deliveries may have in uniformly applied two-inch high block letters a sign identifying the occupant's name and address. If more than one tenant uses the same door, each name and address may be applied. 13. The existing pole sign on the property at the corner of 65 th & Broadway shall be removed. New detached signage identifying the project may be applied to the outside of the proposed 30" raised planter at this street corner in accordance with what is allowed by City Code. 14. The owner shall ensure that vehicles do not park on-site in such a way that the vehicle will block any portion of the public sidewalk within street right-of-way. 15. The on-site sidewalk adjacent to the building shall be expanded to a minimum of six (6) feet in width, and the wheel stops eliminated from all parking spaces backing out onto both Broadway and 65 th Street. 16. Applicant shall provide on-site appropriate decorative outdoor lighting for the parking areas and sidewalks around the building.

5 17. There shall not be visible any roof-top mechanical equipment. Page All fencing/gates installed on the property shall be of a decorative metal fencing material such as wrought iron or tubular steel. Chain link or other woven wire fabric fencing materials shall not be allowed. 19. The masonry wall is not required to be installed along the northern and western property boundaries. The owner of th Street shall ensure that the existing fencing shared with adjacent residences is maintained and repaired as needed. Any fencing that is in need of repairs, now or as a result of construction activity, shall be repaired prior to final approval of the building permit. The applicant is encouraged to replace the existing fencing with a solid masonry wall such as would be required by City Code for a new development. 20. Applicant shall obtain all necessary permits prior to commencing construction. 21. The project shall be constructed in substantial conformance with the approved plans. FIRE DEPARTMENT 22. Provide a water flow test. (Contact Department of Utilities at ) 23. Provide the required fire hydrants in accordance with CFC and Appendix III-B, Section Provide appropriate Knox access for site. 25. Locate and identify Fire Department Connections (FDCs) on the address side of the building within 40 feet of a fire hydrant. 26. The fire sprinkler system in each building shall be supplied by its own main. DEaF (Public Works) 27. Repair or replace/reconstruct any existing deteriorated sidewalk per City standards and to the satisfaction of the Development Engineering and Finance Division (DEaF). Advisory Note 28. Modification to the requirements and restrictions specified in conditions 1, 2, 3, and 4 may be considered at a later date when specific tenants with floor plans of their proposed tenant improvements are brought in for submittal. 29. Applicant may consider a reconfigured arrangement of the parking at the rear (southwest) corner of the building to provide a space for vehicles to pull in off the street into spaces that do not back out onto Broadway, as discussed with planning staff. Findings of Fact 1. Granting the Special Permit is based upon sound principles of land use in that: a. the use for which the parking waiver is granted is permitted in the zone; b. the proposed use requiring a waiver of parking does not represent a substantial increase in the intensity of use when compared with what would be allowed by right; c. the proposed project represents an effort to rejuvenate a currently blighted commercial center in order to better serve the changing needs of the surrounding neighborhood; and

6 d. the project site is positioned to make effective use of existing public transit and promote a more pedestrian oriented environment. 2. Granting the Special Permit will not be detrimental to the public health, safety, or welfare, nor result in the creation of a public nuisance, in that: a. the project has been conditioned to address the concerns of the neighborhood; Page 6 b. the project will be subject to all of the same existing City Codes which protect the neighbors of commercial centers whether they are subject to entitlement approval or not; c. all customers and employees of businesses in the building will be discouraged from parking on residential streets within the neighborhood; and d. all customers and employees of businesses in the building will be encouraged to use transit and other alternative transportation rather than driving and parking. 3. The project is consistent with the General Plan, which designates the site for Community/Neighborhood Commercial & Offices. Joy D. at L- rso n Zon ministrator PxkAzoy) A use for which a Special Permit is granted must be established within two years after such permit is approved. If such use is not so established the Special Permit shall be deemed to have expired and shall be null and void. A Special Permit use which requires a Building Permit shall be deemed established when such Building Permit is secured and construction thereunder physically commenced. If no building permit is required the use shall be deemed established when the activity permitted has been commenced. The decision of the Zoning Administrator may be appealed to the Planning Commission. An appeal must be filed within 10 days of the Zoning Administrator's hearing. If an appeal is not filed, the action of the Zoning Administrator is final. cc: File (original) ZA Log Book Applicant

7 Page 7 Exhibit A Existing Site 65 TH STREET,--- I OF 2.(E) HC PAR KINC, SPACES I14.ST (E)FIRE HYDRANT (E) STRIFE. NO ' PARI4NG AREA OW 1 (E)B H SNOOD / FEN :E r- II B.U.R, (E) ROOF AREA (4.830SF) ZE4 '24;01 - I E). d,t).! I FT Do (E) GAS METERS 9 srcrwyr-d-- (E)e. H CYCLONE GATE AND.FENCE :r2 15- j -- / 4(E) ElfECT. PANELS / AN METERS / /7 / / 119. co. SPACES / /. 19)UTL11-1. (E) SITE PLAN AND ROOF PLAN Ex I gtini Cq SCALE 1/8. V-Cr Z REC'D Z October 13, 2004 Item 4

8 65TH STREET (E) FIRE HYDRANT. 1 OF 2.(E) SC PAR 1850 SPACES-- 7 4). g.) cr LANS'4PE PROJECT DATA: HARDS.CBPB JURISDICTION: (E) TYPE OF CONSTRUCTION, (E)ZONE: (E) LOT AREA (i) BUILDING AR EA' C ITY OF SACRAMENTO V.N C SF(31 ACRES -M) 535a SF - e.% NM 'El, Jeq0430 TOTAL ROOF AREA (5,358 SF) (E) 4' VII CON C. SIDEWALK '1 :.(11) ROOF AREA, (533 SF).. BROADWAY 1:3 (E) OAS METERS TO BE RELOCATED g 4r aute,,, - CD 3 (E) ELECT. PANELS AND METERS laisaa.mw-iforr JacireS. -13Wma =1, - 4M M.M. Jart M.d.Altaat -la CO. TRASH EH CLOSUBB:r to Z REC'D (N) SITE PLAN AND ROOF PLAN SCALE 118. = 1.-P

9 Page 9 Exhibit B-2 Proposed Floor Plan (Alternative 1)

10 Page 10 Exhibit B-3 Proposed Floor Plan (Alternative 2) Toen-1 I -a' 43-'0" U_ CO LO 1.6

11 EAST ELE Z Octot VISE O42 5i REC'D OCT

12 65TH STREET (E) FIRE HYDRANT CUSTOMER OIKE.PARKING. ' 'PROJECT DATA: JURISDICTION: :(E) TYPE OF clim!ruction.: fiy SAURANENTO.(E) ZONE:. :7 LOT:: 1343) SP(31,ACRES' ) 04). ammo AREA DODD SF PARIAH ACES: IS r-- poor 'Et. lacioloo S. (E)GAS METERS' TO BE RELOCATED Lti rainozt ) 0 (E) ELECT. PANELS.7 AND METERS. WHEEL STOP. CD 3 RESTRIPED PARKED SPACES " (N) SITE PLAN AND ROOF PLAN SCALE lir= 1.-5

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14 C-2 ( gas station ) 64th STREET (-sin residential Et single family ) residential SFR SFR SFR SFR -2 retail ) R73 ( new apgrtment project ) under construction BROADWAY single-family ) residenti KROY WA Y C-2 ( retail ) R-1--- (sing telamily-) resid ntial 65th STREET ( commercial / office ) R-1 Land Use & Zoning Feet