Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

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1 Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707) PLANNING COMMISSION STAFF REPORT May 7, 2015 AGENDA ITEM# 6.A. PL UNIVERSAL AUTO RELOCATION I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Use Permit to allow an auto sales use at an existing commercial site and approval of a Comprehensive Sign Program. 611 Soscol Avenue APN MU-532, Mixed Use MU-G:FP:SC:TI, Gateway Mixed Use Base Zone: Floodplain, Soscol Corridor, Traffic Impact Overlays APPLICANT: Jose Castco 721 Jackson Street Napa, CA Phone: (707) STAFF PLANNER: Emi Thériault, Assistant Planner Phone: (707) LOCATION MAP SITE 1

2 611 Soscol Avenue # II. PROJECT DESCRIPTION The Applicant is requesting approval of a Use Permit to allow an auto sales use to be co-located with existing uses in operation at 611 Soscol Avenue. The proposed auto sales office will provide a retail aspect to the existing personal services (a small spa and a barber shop) located within the building. A mixture of auto service, industrial and food service uses are located on surrounding sites, providing services to Napa area residents and business owners as well as to tourists. The proposed auto sales use involves display and sales of used vehicles, will have one employee, and will operate 8 am to 5 pm Monday through Saturday. No repairs or service will be conducted on site and detailing will also be performed off site. No alterations to the historic building are proposed in conjunction with the proposal. However, the applicant is applying for a comprehensive sign program at this time. III. PROJECT CONTEXT The subject property is 0.25 acres in size and is located on the westerly side of Soscol Avenue, at the northwest corner of 8 th Street and Soscol Ave. The site is currently developed with a 3,584 square foot, two-story historic residence which has been in adaptive reuse since the early 1980 s. The site has 9 tenant spaces, two of which are currently being utilized by personal services (a spa and a barber shop); this project would occupy a third office space. Surrounding areas include: auto service to the north, industrial use to the south, Soscol Avenue, food service and a vacant commercial building to the east, and auto service to the west. IV. ANALYSIS A. GENERAL PLAN The site is designated MU-532, Mixed Use, in the General Plan, which encourages mixed use development in order to promote more active commercial locations. The proposed auto sales use and associated office within an existing professional building, and the utilization of outdoor display area, is consistent with the Mixed Use designation when approved by a Use Permit. Land use policy LU 8.2 directs the City to promote the renovation and reuse of existing buildings in the downtown and mixed use areas. The property is an underutilized commercial building with multiple office spaces surrounded by, primarily industrial and auto-service related uses, with the exception of Soscol Café. The proposed use is consistent with this policy as it involves reuse of an existing tenant space. Economic Development policy ED-1.1 calls for full and efficient utilization of vacant and underutilized parcels with the intent to expand industrial and commercial facilities. The proposed use will help fulfill this policy in that it will increase the effective commercial and revenue-generating aspect of an underutilized commercial site. In addition, the site is identified in the General Plan as being within the Soscol Planning Area which explains that (i)n addition to older industrial uses, much of the city's autorelated services are located along Soscol Avenue, as well as new and used car lots and 2

3 611 Soscol Avenue # auto repair services. The proposed use would be compatible with uses that are recognized for this area in the General Plan. B. ZONING 1. Land Use. The subject property is located in the MU-G, Gateway Mixed Use District, which implements the Mixed Use land use category of the General Plan. The MU-G, Gateway Mixed Use Zoning District is intended to utilize the Soscol design and development guidelines and Gateway Vision concepts for general use, development and design direction. This zoning district emphasizes promotion of a mixture of commercial, attached residential and mixed uses similar to other city community commercial districts. FIGURE 1 - SITE PLAN N Vehicle Display Area 2. Parking. Parking regulations are established by Section of the Napa Municipal Code (NMC). Based on office or general commercial parking standard of 1 space per 250 feet, a commercial building of this size, if it were a new development proposal, would be required to provide 14 parking spaces. The existing parking lot is legally non-conforming in that the existing lot, as currently striped, provides a total of 11 parking spaces. Based on average tenant space size, the two existing commercial uses utilize approximately 400 square feet of the building floor area thereby creating a parking demand of two (2) parking spaces. The office area associated with the new auto sales office use would trigger a demand for one (1) parking space for a total new demand of 3 spaces, which is less than current available parking due to vacancies. However, parking analysis for the site must contemplate full tenancy of the commercial building. In addition, 3

4 611 Soscol Avenue # the Applicant is proposing to display two vehicles for sale in the area shown in Figure 1, above. This would result in a loss of two existing parking spaces for a site that is already under-parked per current standards. An on-site visit by Staff revealed that there is an open area on the north end of the parking lot where two additional spaces could be striped, thereby replacing the spaces that would be converted to vehicle display. Condition No. 2 in the recommended conditions of project approval (see Attachment 1) therefore requires the provision of two additional parking spaces. Because no building permits are requested with the subject proposal, staff is recommending that the striping associated with the additional spaces be implemented prior to operation of the business onsite. C. DESIGN REVIEW The project site is located within the South Soscol: Gateway Boulevard subarea of the Soscol Corridor Design Guidelines document, which calls for creation of a memorable Gateway boulevard while continuing to support auto sales and other retail uses. The design guidelines are intended to promote the aesthetic and welcoming appearance of the City for local and regional residents in addition to tourists as they enter Napa. The following South Soscol area guidelines apply to the proposed use: 1. Section III.C.1.Parking; parking lots generally should be to the side and/or rear of buildings. With regard to site plan design review, it should be noted that the existing site is developed with parking to the rear and there is a wide expanse of lawn and landscaping providing a buffer and an attractive streetscape in an area that is otherwise industrial in appearance. In order to ensure the retention of this positive aspect of the site, Condition No. 3, in the recommended conditions of project approval, prohibits the use of the lawn area and the Soscol Avenue roadway for parking and display of vehicles for sale. 2. Section III.A and following; Commercial Development Guidelines With the exception of the vehicle display area, the proposed use will be located within an existing building, and no exterior changes are proposed. No design review of the commercial building is required at this time. 3. Section III.E.1-4 Signs; limiting the number of signs is encouraged to reduced sign clutter; sharing sign panels to advertise multiple tenants is strongly encouraged. In addition, City of Napa Municipal Code, pursuant to Section , requires the submittal of a Comprehensive Sign Program application where multiple tenants will be displaying signage on a property. The Applicant submitted a revision to the application on April 28, 2015 to include a request for a Comprehensive Sign Program (see plans, Attachment 4). Comprehensive Sign Programs are required for a commercial building with three or more tenants. Sign proposals in the MU-G Zoning District are reviewed according to Community Commercial district sign standards. 4

5 611 Soscol Avenue # The proposed program includes two sign installations, affixed to two structures which are already in place on site. The existing monument sign would have a panel installed at its base to include the name of the new business Universal Auto and its logo. As proposed, the 4 foot, 8 inch high monument with an area (both street facing sides) of approximately 35.4 square feet slightly exceeds the Sign Ordinance provision for a monument sign of 4 feet in height and a maximum area of 24 square feet. Pursuant to Sign Ordinance Section , sign proposals in excess of district regulations require Planning Commission review and approval. The proposed wall sign consists of an existing 3.2 square foot wall sign, which would be updated to include the addition of the business name and logo at the bottom third of the sign. This proposed sign meets wall sign area limitations as it is less than 10% of the building face. No signage has been proposed for the vehicle display area. However, according to section , the applicant may place a restricted parking informational sign that does not exceed 2 square feet in total area and is otherwise compliant with the Sign Ordinance. G. ENVIRONMENTAL REVIEW Staff has determined that this project is exempt from the requirements of CEQA pursuant to Section of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts leasing of and minor alterations to an existing facility. V. REQUIRED FINDINGS The Planning Commission s approvals of the Use Permit and of the Comprehensive Sign Program are subject to required findings. Both the Use Permit and the Comprehensive Sign Program are required to comply with the findings set forth in NMC Section These findings are provided in the draft resolution attached to this Staff Report. VI. STAFF RECOMMENDATION Based on the information provided by the Applicant and the length of time tenant spaces associated with the building have been vacant, Staff recommends approval of the Use Permit to allow an auto sales use at this location and a Comprehensive Sign Program. VII. ALTERNATIVES TO RECOMMENDATION 1. Continue the application with direction for modifications. 2. Direct Staff to return to the Planning Commission with a resolution documenting findings from the record of the hearing to support denial of the proposed project. VIII. NOTICE Notice of the public hearing was provided by US Postal Service on April 24, 2015 to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was also published in the Napa Valley Register on April 24, 2015and provided to people previously requesting notice on this matter, at the same time notice was provided to the newspaper for publication. Legal notice included a general explanation of the matter to be considered and any related permits, 5

6 611 Soscol Avenue # identification of the location of the property involved where site specific, a description of the date, time and place of the public hearing, the identity of the hearing body, and a statement consistent with the Code of Civil Procedure regarding the time limit to commence any legal challenge and matters that may be raised by such challenge. IX. REQUIRED ACTIONS Final actions by the Planning Commission: 1. Adopt a resolution approving a Use Permit authorizing an auto sales use and a Comprehensive Sign Program for 611 Soscol Avenue. X. DOCUMENTS ATTACHED 1. Draft Resolution 2. Project Description 3. Site Plan 4. Comprehensive Sign Program c: Applicant; Authorized agent; Property owner 6

7 ATTACHMENT 1 RESOLUTION NO. PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT AUTHORIZING AN AUTO SALES USE AND A COMPREHENSIVE SIGN PROGRAM FOR 611 SOSCOL AVENUE (APN )(PL ) WHEREAS, on March 16, 2015 Lowell Lewis submitted an application on behalf of Jose Castro for a Use Permit to allow an auto sales use within the MU, Mixed Use Zoning District at 611 Soscol Avenue; and WHEREAS, on April 28, 2015, Lowell Lewis amended the application to include a proposal for a Comprehensive Sign Program; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on May 7, 2015 on the subject application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows: Section 1. The Planning Commission hereby determines that the Project described in the Staff Report presented to the Planning Commission at their May 7, 2015 meeting is exempt from the requirements of CEQA pursuant to Section of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts leasing of and minor alterations to an existing facility. Section 2. The Planning Commission makes the following findings in support of approval of a Use Permit for an auto use: 1. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance and the purposes of the district and overlay district in which the site is located. The auto sales use is a permissible use within the MU, Mixed Use, General Plan designation and the MU-G, Gateway Mixed Use, zoning district which allows an auto sales use with the approval of a Use Permit. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The proposed auto sales use utilizing an existing commercial office tenant space and two on-site parking spaces for vehicle display, as conditioned, will not result in any impacts that would be detrimental to the public health, safety or welfare of the community. Resolution No. PC2015-7

8 ATTACHMENT 1 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. The addition of an auto-related retail sales use is allowed in the Gateway Mixed Use district with Use Permit approval. The proposed use does not trigger Zoning Code considerations with respect to commercial building design as no modifications to the existing building are proposed. The existing site is legally non-conforming with respect to parking. As conditioned, the proposed use will create no expansion of the non-conforming parking condition and will therefore comply with applicable provisions of the City s Zoning Ordinance. Section 3. As required pursuant to NMC Section B.2, the Planning Commission makes the following findings in support of approval of a Comprehensive Sign Program: 1. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance and the purposes of the district and overlay district in which the site is located. The comprehensive sign program design is in accord with applicable provisions related to the MU, Mixed Use, General Plan designation, the Soscol Corridor Design Guidelines and the MU-G, Gateway Mixed Use, zoning district, which requires a comprehensive sign program for tenant identification within a commercial center, limitation on the number of signs and the sharing of sign panels where possible. 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The proposed Comprehensive Sign Program, as conditioned, will not result in any impacts that would be detrimental to the public health, safety or welfare of the community. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. The Comprehensive Sign Program complies with the intent of the Zoning Ordinance with respect to Community Commercial Sign standards as applied by past practice to the Mixed Use zoning district. As conditioned, the proposed Comprehensive Sign Program will limit the number of signs on the subject property and promote a more attractive appearance for the Soscol Gateway Boulevard area. Section 4. The Planning Commission hereby approves the Use Permit for an auto sales use and Comprehensive Sign Program subject to the following conditions: Resolution No. PC2015- Page 2 of 5 8

9 ATTACHMENT 1 Community Development Department Planning Division: 1. This Use Permit approval shall permit the operation of an auto sales office with one employee between the hours of 8 am and 5 pm Monday through Saturday with no repair or detail services to be performed on site. The display of two vehicles for-sale may be allowed as indicated on the approved site plan associated with staff report dated May 7, 2015 and subject to condition number 2, below, related to replacement parking. 2. The Applicant shall submit, for review and approval by the Community Development Director or his designee, a plan for the restriping of the parking lot to add two new parking spaces to the existing parking lot prior to display of vehicles on site. 3. The existing front yard landscaping shall be retained and no display of vehicles in the landscaped area, on street, or otherwise at a location outside of the display area, as noted in the approved site plan, referenced above, shall be allowed. 4. Sign installations for the subject property shall comply with the approved Comprehensive Sign Program reviewed by the Planning Commission on May 7, 2015 unless otherwise amended prior to installation of non-conforming signage. General: 5. No use authorized by this permit may commence until after the Applicant executes any required permit agreement. 6. No new construction is proposed. However, installation of signage and restriping of the parking lot shall comply with construction activity limitations pursuant to NMC which limits construction activities to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 7:00 p.m. on weekends or legal holidays, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. The Ordinance further states that there will be: no startup of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor equipment past 6:00 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. 7. Unless otherwise specifically provided, each condition of this approval shall be satisfied prior to issuance of a building permit, or if a building permit is not required, prior to the commencement of use; however, in the event the subject approval is for a tentative subdivision map or parcel map, each condition shall be satisfied prior to final map approval. Applicant s (and land owner, if different) execution of the City s improvement agreement with required security may be accepted in lieu of condition completion. 8. Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (in accordance with the City s Master Fee Resolution No. PC2015- Page 3 of 5 9

10 ATTACHMENT 1 Schedule; see individual departments regarding the timing of fee payment requirements). 9. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, or other documents submitted for permit approval, and with the plans and specifications submitted to and approved by the City, to comply with the General Plan, any applicable Specific Plan, the Napa Municipal Code (NMC), City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, as well as any approved tentative map, site plan or other documents submitted for permit approval and with the plans and specifications submitted to and approved by City. 10. The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section , any lawsuit or legal challenge to any quasiadjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. 11. To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees from and against any claims, suits, liabilities, actions, damages, penalties or causes of action by any person, including Applicant, for any injury (including death) or damage to person or property or to set aside, attack, void or annul any actions of City, its agents, officers and employees, from any cause whatsoever in whole or in part arising out of or in connection with (1) the processing, conditioning or approval of the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of project improvements and regardless whether the actions or omissions are alleged to be caused by City or Applicant so long as City promptly notifies Applicant of any such claim, etc., and the City cooperates in the defense of same. 12. If the Applicant is not the owner of the subject property, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Applicant. 13. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of the statement of the amount of such fees and a description of the dedications, reservations, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations and other exactions have begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. Resolution No. PC2015- Page 4 of 5 10

11 ATTACHMENT Violation of any term, condition, mitigation measure or project description relating to this approval is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. 15. Project approval would not have been granted but for the applicability and validity of each and every one of the specified mitigations and conditions, and if any one or more of such conditions and mitigations is found to be invalid by a court of law, this project approval would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. 16. This Use Permit approval shall expire 2 years from the date of approval unless a building permit has been issued and construction has been diligently pursued, and/or the use has been commenced or an extension is secured by the Planning Division prior to the expiration date. 17. All conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 18. Approval of this permit will be effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of May 7, I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Napa at a special meeting of said Planning Commission held on the 7 th day of May, 2015 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2015- Page 5 of 5 11

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