CITY OF SANTA ROSA DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT FOR PLANNING COMMISSION February 26, 2015 APPLICANT. Citywide FILE NUMBER

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1 CITY OF SANTA ROSA DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT FOR PLANNING COMMISSION February 26, 2015 PROJECT TITLE Extended Hours of Operation Zoning Code Text Amendment ADDRESS/LOCATION Citywide ASSESSOR S PARCEL NUMBER Citywide PROJECT SITE ZONING Transit Village-Residential (TV-R), Neighborhood Commercial (CN), General Commercial (CG), Downtown Commercial (CD), Community Shopping Center (CSC), Transit Village-Mixed (TV-M), Business Park (BP), Light Industrial (IL), General Industrial (IG), and Limited Light Industrial (LIL) APPLICATION DATE May 20, 2014 PROJECT PLANNER Susie Murray APPLICANT Norcal Fitness, Inc./City of Santa Rosa PROPERTY OWNER Citywide FILE NUMBER REZ GENERAL PLAN DESIGNATION Retail & Business Services, Transit Village Mixed Use, Business Park, Light Industry & General Industry APPLICATION COMPLETION DATE May 20, 2014 RECOMMENDATION Approval PROPOSAL A Zoning Code text amendment changing the City s zoning regulations with regard to extended hours of operation for businesses open to the public in the TV-R, several commercial, and several industrial zoning districts. SUMMARY The proposed text amendment was initiated by Norcal Fitness, Inc. to support a 24- hour fitness facility with accessory retail within the (IL) Light Industrial zoning district. Staff has expanded the proposal to permit or conditionally permit extended hours of operation for businesses open to the public in several zoning districts. The proposed Page 1 of 10

2 changes will update the land use title, definition, land use tables, and permit requirements which will result in reduced barriers while allowing the discretionary review of projects involving overnight activities that are available to the public. ITEM NO. 10 Page 2 of 10

3 CITY OF SANTA ROSA PLANNING COMMISSION TO: SUBJECT: AGENDA ACTION: PLANNING COMMISSION EXTENDED HOURS OF OPERATION ZONING TEXT AMENDMENT RESOLUTION ISSUE(S) Should the Planning Commission adopt a resolution recommending that the City Council introduce and adopt, by ordinance, the proposed Zoning Code text amendments related to the Extended Hours of Operation land use? BACKGROUND The current land use, Extended Hour Retail, (11:00 p.m. to 6:00 a.m.) is defined as any business that is open to the public between the hours of 11:00 p.m. and 6:00 a.m. The title implies that this use only applies to retail, while the definition is relatively clear that the intent of the land use should be to all businesses open to the public. The original Zoning Code text amendment application was submitted by the applicant on May 20, 2014, requesting the addition/introduction of two land uses, Extended Hours Retail (existing land use), and Extended Hours Recreation (land use does not exist), to the Light Industrial zoning district. Upon review of the request, staff broadened the scope of the text amendment to revise the existing land use and applicable land use tables. 1. Project History May 20, 2014 Community Development received an application requesting a Zoning Code text amendment. June 9, 2014 The proposal was referred to City departments, outside agencies, special interest groups, and home-owner associations throughout the City. January 2015 The scope of the Zoning Code text amendment was broadened to include several other zoning districts and refine the existing land use to accommodate all requests for extended hours of operation for businesses open to the public. Page 3 of 10

4 2. Project Description ANALYSIS Amend the Zoning Code land use title, definition, land use tables and permit requirements affecting the regulations regarding hours of operation for businesses open to the public in several zoning districts. Changes include: Change the land use title from Extended hour retail (11:00 p.m. to 6:00 a.m.) to Extended hours of operation (11:00 p.m. to 6:00 a.m.) ; Modify the land use definition to reflect the type of business affected; Adjust the Hours of Operation definition so the regular hours of operation line up with transitional and extended hours of operation. Regular hours of operation currently read 8:00 a.m. to 6:00 p.m., and will be revised to 6:00 a.m. to 6:00 p.m. Update land use tables to reflect the change/addition in the TV-R. CN, CG, CD, CSC, TV-M, BP, IL, IG, PI, and LIL zoning districts; and Add permit requirements in zoning districts where the use is being introduced. The proposed Zoning Code definitions and changes in Land Use Tables are included as Exhibits A and B. 1. General Plan Extended Hours of Operation is a secondary land use that must be associated with a primary land use (i.e. restaurant, fitness facility, etc). The primary land use would be evaluated on a case-by-case basis for compliance with the applicable General Plan land use designation. Applicable General Plan goals and policies include: LUL-I-1 Provide a range of commercial services that are easily accessible and attractive, that satisfies the needs of people who live and work in Santa Rosa and that also attracts a regional clientele. YF-C-1 Increase the number of organized and alternative sports programs, especially for elementary-aged children and teens. EV-A-5 Maintain diversity in the types of jobs available in Santa Rosa to lessen the impact of economic cycles. EV-B-7 Focus business attraction efforts on filling vacancies in commercial and industrial structures. Page 4 of 10

5 2. Zoning Applicable section of the Zoning Code include: Chapter Amendments, Section (B) Findings for Zoning Code/Map amendments: 1. Findings required for all Zoning Code/Map amendments: a. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan; b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). 2. Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. The proposed Zoning Code text amendment is supported by several General Plan goals and policies, some of which are noted in the preceding section of this report. The proposal meets all findings required by the Santa Rosa Zoning Code. It would not be detrimental to the public interest, health, safety, convenience, or welfare in that the Extended Hours of Operation land use is allowed currently in the residential and commercial zoning districts that are the subject of this application and the proposal would not change the current permitting requirements in those districts. The use is being introduced into all industrial and Public Institutional zonings districts and will require a Minor Conditional Use Permit (MUP) for additional review. The project is exempt from CEQA and is discussed in the Environmental section of this report. Extended Hours of Operation is a subordinate use to other businesses that are open to the public (i.e. restaurant, fitness facility, etc). The Extended Hours of Operation land use would be evaluated on a case-by-case basis for compliance with the applicable zoning district regardless of whether the primary use required discretionary review or not in all zoning districts except the CD district. The zoning districts affected by the change include: TV-R (Transit Village-Residential) district. The TV-R zoning district is applied to areas within approximately one-half mile of a transit facility that Page 5 of 10

6 is appropriate for mixed use development. Development should transition from less intense uses at the outlying edges to higher intensity uses near the transit facility. Residential uses are required, and ground floor neighborhood serving retail and live-work uses are encouraged. The maximum allowable density ranges from 25 to 40 dwellings per acre. The TV-R zoning district is consistent with and implements the Transit Village Medium land use classification of the General Plan. Extended hours of operation currently requires a Major Conditional Use Permit (CUP). This proposal would continue this requirement. CN (Neighborhood Commercial) district. The CN zoning district is applied to areas within and adjacent to residential neighborhoods appropriate for limited retail and service centers for convenience shopping. Uses in these centers are intended to provide for the day-to-day needs of local neighborhoods and workplaces, but not to be of such scope and variety as to attract substantial traffic volumes from outside the neighborhood. New development is encouraged to include both a residential and nonresidential component as noted by Section (Commercial Land Uses and Permit Requirements). The CN zoning district is consistent with and implements the Neighborhood Shopping Center land use classification of the General Plan. Extended hours of operation currently requires an MUP. This proposal would continue this requirement. CG (General Commercial) district. The CG zoning district is applied to areas appropriate for a range of retail and service land uses that primarily serve residents and businesses throughout the City, including shops, personal and business services, and restaurants. Residential uses may also be accommodated as part of mixed use projects, and independent residential developments. The CG zoning district is consistent with the Retail and Business Services land use classification of the General Plan. Extended hours of operation currently requires an MUP. This proposal would continue this requirement. CD (Downtown Commercial) district. The CD zoning district is applied to the Santa Rosa downtown, to provide for a mixture of ground-floor pedestrian-oriented shops, personal and business services, restaurants, and other office and commercial uses that serve the entire City and/or neighborhoods surrounding the downtown. Large and small grocery store uses are permitted in this district. Residential units may be developed in either a freestanding project, or incorporated into a mixed use project. The CD zoning district is consistent with and implements the Mixed Use and Retail and Business Services land use classifications of the General Plan. Page 6 of 10

7 Extended hours of operation is currently permitted by right; this would remain unchanged by this proposal. CSC (Community Shopping Center) district. The CSC zoning district is applied to areas appropriate for complexes of retail establishments, anchored by a large grocery store, serving clients from the community as a whole and in particular surrounding residential neighborhoods. These centers are intended to be designed to facilitate pedestrian and bicycle access in addition to vehicular access. Proposed commercial development is required to include a residential component when significant additions or reconstruction is proposed as noted by Section (Commercial District Land Uses and Permit Requirements), Table 2-6 and Section The CSC zoning district is consistent with and implements the Community Shopping Center land use classification of the General Plan. Extended hours of operation currently requires an MUP. This proposal would continue this requirement. TV-M (Transit Village-Mixed) district. The TV-M zoning district is applied to areas within approximately one-quarter mile of a transit facility that is appropriate for a mix of higher density residential, office and commercial uses. Development is designed and oriented to create a central node of activity at or near the transit facility. The minimum allowable density is 40 dwellings per acre; there is no maximum density. The TV-M zoning district is consistent with and implements the Transit Village Mixed Use land use classification of the General Plan. Extended hours of operation currently requires an MUP. This proposal would continue this requirement. BP (Business Park) district. The BP zoning district is applied to areas appropriate for planned, visually attractive centers for business that do not generate nuisances (noise, clutter, noxious emissions, etc.). This zone accommodates campus-like environments for corporate headquarters, research and development facilities, offices, light manufacturing and assembly, industrial processing, general service, incubator-research facilities, testing, repairing, packaging, and printing and publishing. Warehousing and distribution, retail, hotels, and residential uses are permitted on an ancillary basis. Restaurants and other related services are permitted as accessory uses. Outdoor storage is not permitted. The BP zoning district is consistent with and implements the Business Park land use classification of the General Plan. Extended hours of operation is being introduced into the BP zoning district and would require an MUP under this proposal. Page 7 of 10

8 IL (Light Industrial) district. The IL zoning district is applied to areas appropriate for some light industrial uses, as well as commercial service uses and activities that may be incompatible with residential, retail, and/or office uses. Residential uses may also be accommodated as part of work/live projects. The IL zoning district is consistent with the Light Industry land use classification of the General Plan. Extended hours of operation is being introduced into the IL zoning district and would require an MUP under this proposal. IG (General Industrial) district. The IG zoning district is applied to areas appropriate for industrial and manufacturing activities, warehousing, wholesaling and distribution uses. Uses may generate truck traffic and operate 24 hours. Retail and business service uses that could be more appropriately in another zone are not permitted. Land uses allowed in the IG zoning district have the potential for creating objectionable noise, smoke, odor, dust, noxious gases, glare, heat, vibration, or industrial wastes. The IG zoning district is consistent with the General Industry land use classification of the General Plan. Extended hours of operation in being introduced into the IG zoning district and would require an MUP under this proposal. PI (Public and Institutional) district. The PI zoning district is applied to areas appropriate for public facilities, utilities, hospitals, and public assembly facilities including: public schools, libraries, government offices, etc. The PI zoning district is consistent with and implements the Public/Institutional land use designation of the General Plan. Extended hours of operation will be a new land use for this zoning district and would require a minor Condition Use Permit. Extended hours of operation in being introduced into the IG zoning district and would require an MUP under this proposal. LIL (Limited Light Industrial) district. The LIL combining district is intended to allow the properties within the Maxwell Court neighborhood (Figure 2-8) to maintain a vibrant and thriving industrial area, while also allowing the uses permitted in the primary zoning district, Transit Village- Residential, to be developed, with ultimate conversion to Transit Village- Residential within the life of the Santa Rosa General Plan Extended hours of operation will be a new land use for this zoning district and would require a minor Condition Use Permit. Extended hours of operation in being introduced into the IG zoning district and would require an MUP under this proposal. The Hours of Operation definition will be adjusted to match the hours as defined in the Extended Hours of Operation land use definition. Page 8 of 10

9 3. Environmental Review The project complies with the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA 4. Comments/Actions by Other Review Boards/Agencies N/A 5. Neighborhood Comments One has been received to date stating concern about the Extended Hours of Operation being allowed for any business and recommending that it be restricted to retail and recreation only. 6. Public Improvements/On-Site Improvements N/A 7. Issues Title and Definition The current land use title reads, Extended Hour Retail which suggests that it only applies to retail uses. The definition, however, reads, Any business that is open to the public between the hours of 11:00 p.m. and 6:00 a.m. which indicates that the land use is intended to apply to a broader range of services. As such, the proposed land use title would read, Extended Hours of Operation and would be defined as, Any business that is open to the public between the hours of 11:00 p.m. and 6:00 a.m. such as retail, recreation, or other service. Currently, the Zoning Code Glossary defines Hours of Operation as: normal business hours being 8:00 a.m. to 6:00 p.m., transitional business hours being operation as 6:00 p.m. to 11:00 p.m., and extended hours of operation being 11:00 p.m. to 8:00 a.m. By changing the normal business hours to 6:00 a.m. to 6:00 p.m., and correcting the extended hours of operation to 11:00 p.m. to 6:00 a.m., the land use definition will line up with Extended Hours of Operation (discussed in the previous paragraph). Page 9 of 10

10 Discretionary Review The definition of Extended Hours of Operation land use states that it applies to service-related businesses (i.e. retail or recreation) open to the public. Extended hours of operation may not be appropriate for all types of businesses open to the public. To ensure that each proposal is appropriate for the site and its context, either a minor or major CUP will be required in all effected zoning districts except the CD (Downtown Commercial) where it is currently permitted by right. New Land Use The Extended Hours of Operation land use category is being introduced to the BP, IL, and IG zoning districts and the LIL combining district. As discussed in the analysis section of this report, all proposals for Extended Hours of Operation in the aforementioned zoning districts would require an MUP. Site conditions and restraints, as well as operational characteristics, would be reviewed on a caseby-case basis. Staff finds the proposed Zoning Code Text Amendment to be appropriate in that the changes will facilitate more complete utilization of properties for services available to the public. The changes will not result in any additional areas where extended hours of operation are permitted by right. RECOMMENDATION The Community Development Department recommends that the Planning Commission adopt a resolution recommending that the City Council introduce and adopt, by ordinance, the proposed Zoning Code text amendments related to the Extended Hours of Operation land use. Attachments: Attachment 1 - Exhibit A Attachment to the resolution that identifies changes to the Zoning Code land use title and definition Attachment 2 - Exhibit B Attachment to the resolution that identifies changes to the Zoning Code land use tables Attachment 3 - Public Comments Page 10 of 10