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HomeMy WebLinkAbout036-270-046COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT CITY OF OROVILLE PLANNING COMMISSION MEETING FEBRUARY 10, 1992 - FILE NO. VAR92-01- ITEM NO. D.(3.) - Variance application, -6160 Lincoln Boulevard-=- Enterprise Zone. REQUEST The applicant is requesting Planning Commission approval of a variance to defer installation of curb, gutter, sidewalk, and paveout; and to defer installation of parking lot improvements for one (1) year in conjunction with the construction of a new restaurant. APPLICANT: SHIRLEY A. LOMBARDI 6140 LINCOLN BOULEVARD OROVILLE, CA 95966 BACKGROUND W1 Area: General Plan Designation: Existing Zoning: Existing Land Use: Surrounding Land Use: .56+- acre Industrial (County) Commercial/.Industrial (City) M-1 (Industrial)(County)) . C -L -M (Commercial Light Manufacturing) (City Prezone)) Developed with an old barn Vacant, Single Family Residences, Mini -Storage Facility The project. is categorically exempt from environmental review requirements under Section 15305(a) of the California Environmental Quality Act. COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES Fire Department o Install fire hydrant per the requirements of Oroville Wyandotte Irrigation District and the Oroville- Fire Department. Public Works Department o Installation of the parking lot should not .be deferred. o Frontage' improvements may be deferred unti a future date due to the remote location, however, it is my recommendation that the Commission put a time certain on the deferred improvement agreement, i.e. +- two years. 1 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT CITY OF OROVILLE PLANNING COMMISSION MEETING FEBRUARY 10, 1992 - VAR92-01 - 6160 LINCOLN BOULEVARD PAGE 2 OF 4 PAGES Police Department o As no other lots in the area currently have curbs, gutters and sidewalks, I'do not oppose this variance. Butte County Department of Public Works o As a minimum, construct a proper and safe paved driveway as access to the property. o Lincoln Boulevard is planned as a future four lane roadway. Improvements should be designed and planned to fit the future four lanes with curb, gutter and sidewalk. COMMUNITY DEVELOPMENT DEPARTMENT ANALYSIS The applicant is requesting Planning Commission approval of a variance to defer installation of curb, gutter, sidewalk, and paveout; and to defer installation of parking lot improvements in conjunction with the construction of a new restaurant at 6160 Lincoln Boulevard. Although the project site is under the jurisdiction of Butte County, it is also located in the Oroville Enterprise Zone which, through an agreement with Butte County, relinquishes jurisdiction to the City for all _commercial and industrial projects locating in the Zone. . The applicant is planning to construct a 2,500 to 3,000 square cocktail lounge and restaurant on .56+- acre. The plan is for an occupant load of 1.20 which would require the installation of 40 parking spaces. City Staff does not have a problem supporting the variance to defer installation of curb, gutter, sidewalk, and paveout because none exists along Lincoln Boulevard and there is little if any foot traffic in the area. Staff cannot support the variance to defer installation of parking. lot improvements for even one (1) year. It would set a precedent for future development and is not in the best interest of the City or the Enterprise Zone. At the time of application submittal, City Staff felt the MOU executed by the City and County was adequate to enable County located projects, within the Enterprise Zone to be processed through City Commissions by City Staff. COMMUNITY DEVELOPMENT DEPARTMENT,STAFF'REPORT CITY OF OROVILLE PLANNING COMMISSION MEETING FEBRUARY 10, 1992 - VAR92-01 - 6160 LINCOLN BOULEVARD PAGE 3 OF 4 PAGES We have jus t been informed that until some County ,"clean-up" enabling legislation is adopted by the Board of Supervisors, this new procedure is not finalized. We have spoken with the City Attorney and County Staff.who have indicated that as.long as we condition any approvals by the City of Enterprise Zone projects located in the County on the fact that the County enabling legislation for Enterprise Zone projects must be.adopted prior to construction, we are legally okay. A. Adopt the following findings: 1. The project is categorically exempt from environmental review requirements. under Section 15305(a) of the California Environmental Quality Act. 2. There are exceptional and extraordinary circumstances applying to the site in that other properties in the area have been allowed to develop without frontage improvements. 3. The granting of this variance for curb, gutter and. sidewalk improvements will not adversely affect the General Plan for'the City of Oroville or the General Plan for Butte County, 4. Such variance for curb, gutter and sidewalk is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone denied to the property in question. 5. The granting of this variance for curb, gutter, and sidewalk will not be materially detrimental.to the public welfare or injurious to the property or improvements in the vicinity. 6. Deferring parking lot improvements for even 1 year will set a precedent and could create liability and safety problems. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT CITY OF OROVILLE PLANNING COMMISSION MEETING FEBRUARY 10, 1992 - VAR92-01 —6160 LINCOLN BOULEVARD PAGE 4 OF 4 PAGES B. Approve the variance applied for by Shirley A. Lombardi to defer installation of curb, gutter, sidewalk and paveout at 6160 Lincoln Boulevard subject to the following conditions: Prior to the Start of Construction 1. The County enabling legislation for County projects within the Enterprise Zone has to be'adopted. 2. Applicant shall sign an agreement running with the land and binding on all successors in interest to install frontage improvements when deemed necessary by the City of Oroville for the public health, welfare, and safety. C. Deny the variance to defer parking lot improvements NOTE: If you have any questions on the contents or recommended conditions in this Staff Report, please contact the Community Development Department prior to the meeting - 538-2430. I s 1 OP.HIR ROAD i > J m /-36-27-46 N.T.S. PRO✓E C T LOCATION J � O W O H ' U � J _ C17Y OF OROVI LLE PUBLIC, HEARING 0 F O R SHIRLEY LOMBARDY r NOTICE OF EXEMPTION TO: Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 _x_ Butte County Clerk 25 County Center Drive Oroville, CA 95965 FROM: City of Oroville Community Development Department 1735 Montgomery Street Oroville, CA 95965-4897 PROJECT TITLE: Shirley A. Lombardi-.VAR92-01 PROJECT LOCATION: 6160 Lincoln Boulevard - Enterprise Zone PROJECT DESCRIPTION: Variance to defer installation of curb, gutter, sidewalk, and paveout in conjunction with the construction of a new restaurant. NAME OF AGENCY APPROVING THE PROJECT: City of Oroville NAME OF AGENCY CARRYING OUT PROJECT: City of Oroville EXEMPT STATUS: Ministerial Sec.,21080(b)(1); 15268. Declared Emergency Sec. 21080(b)(3); 15269(a), Emergency Project Sec. 21080(b)(4); 15269(b)(c). _x_ Categorical Exemption: Sec. 15305(a). CONTACT PERSON: Mary Ann Imbiorski (916) 538-2430 CITY OF OROVILLE BY: Mary Ann Imbiorski DATE: February 10, 1992 Planning Technician CITY OF WILLE CO1,2iUNITY DEVELOP: DEPARTMRT 1675 MONTC-0111ERY STREET, OROVILLE, CA 95965-4897 (916) 538-2433 APPLICATION FOR: TEMPORARY USE PEP14IT - $ 25.00 HOME OCCUPATION USE PERMIT - $ 75.00 USE PERMIT - $100.00 v VARIANCE - $ 75.00 APPROPRIATE FEE SHALL BE PAID AL TIME OF APPLICATION. APPLICANT: SHTRT Fv A T f)MRARTIT / AW 7 PROPERTY ADDRESS: 6160 Lincoln Blvd. AP NO: 36-27-0-046 ZONING: M-1 APPLICANT ADDRESS: 6140 Lincoln Blvd. APPLICANT PHONE NUMBER: 534-3555 APPLICANT INTEREST IN PROPERTY: PROPERTY 014NER: Shirley A. Lombardi OWNER ADDRESS: OWNER PHONE NUMBER: PROPERTY OWNER SIGNATURE: Ql mpr (OWNER, TENANT, CONTRACTOR) kEASON FOR APPLICATION (EXPLAIN FULLY): DATE: Variance for crubs and cutters USE PER14IT (WREN APPROPRIATE, SUBMIT THE FOLLOWING): A site plan, drawn to scale on an 8-1/2" x 11" sheet, showing existing and proposed structures, and other relevant features. --Submit minimum of 10 copies, may be more depending on size of project. VARIANCE: 1. Attach a site plan (10 copies), drawn to scale on an 8-1/2" x 11'4' sheet, showing existing structures, streets, and. other relevant features. Show clearly the areas of variance. 2. State what exceptional circumstances apply to the subject site making the variance necessary. The Planning Commission must make the following four (4). mandatory findings: DISCOVER GOLD ... DISCOVER OROVILLE 1735 MONTGOMERY STREET • OROVILLE, CALIFORNIA 95965-4897 COMMUNITY DEVELOPMENT DEPARTMENT (916) 538-2430 February 11, 1992 NOTICE TO APPLICANT TO: Shirley A. Lombardi 6140 Lincoln Boulevard Oroville, CA '95966 FROM: Community Development Department SUBJECT: CITY OF OROVILLE PLANNING COMMISSION ACTION AT ITS MEETING OF FEBRUARY 10, 1992 - FILE NO. VAR92-01 The City of Oroville Planning Commission reviewed -and 'approved your request for a variance to defer installation. of curb, gutter, sidewalk, and paveout; and to waive the required installation of parking lot improvements in conjunction -w th­,the construction of a new restaurant located a`t"'` 61'60'YLincoln E�Boule a ubject to the following conditions: Prior to the Start of Construction 1. The County enabling legislation for County projects within the Enterprise Zone has to be adopted. 2. Applicant shall sign an agreement running with the land and binding on all.successors in interest to install frontage improvements when deemed necessary by the City of Oroville for the public health, welfare,.and safety. Prior to Issuance to Occupdncv 3. Parking lot to be gravelled or packed with 4" base rock with the driveway approach -and all handicapped stalls asphalted 4.. Parking lot .to meet City Standards for.shade requirements. NOTICE: Persons dissatisfied with this decision may.appeal.it to the City Council by filing a written appeal, along with an appeal fee, within fifteen (15) calendar days of the date of the decision, not the date of this notice. The appeal should be filed -with, the City Clerk. You may'not commence a court case challenging this decision unless you use this -opportunity for administrative appeal and raise any issue you. believe to be wrongly decided. Notice to Applicant*Shirley Shirley A. Lombardi '1ebruary 11 , 1992 Page 2 of 2 Pages Persons wishing to commence a court case challenging this decision must do so within NINETY (90) DAYS of the final decision, after all administrative appeals are exhausted, pursuant to Civil Code Procedure, Section 1094.6. We wish you success with your project and thank you for doing business with the City of Oroville.. If you have any questions please give us a call at 538-2430. cc: Public Works Department Building Department CITY OF OROVILLALANNING COMMISSION PUBLIC HEARING AND REGULAR MEETING FEBRUARY 10, 1.992 - MINUTES PAGE 7 OF 9 PAGES Discussion was. held on the Enterprise Zone application and the MOU executed by the City and.County to enable County located projects within the Enterprise Zone to be processed through City Commissions by City Staff. The County is.still in the process of finalizing the MOU. Charlotte Archer,'a principle in the restaurant, explained that they are developing a restaurant with a concept. The concept of the .restaurant is a "roadhouse". Ms. Archer stated she was having a problem building -a rural setting restaurant, in the County, by City building codes. She felt projects in the county should meet county building standards, even if processed by City staff. Following further discussion, a motion was made by Commissioner Phelps, seconded by Commissioner Geddis, to:' A. Adopt the following findings: 1. The project is categorically exempt from environmental review requirements under Section 15305(a) of the California Environmental Quality Act. 2. There are, exceptional and extraordinary circumstances applying to the site in that other properties in the.area have been allowed, to develop without frontage improvements. 3. The granting of this variance for curb, gutter and sidewalk improvements will not adversely affect the General Plan for the City of Oroville or the General Plan for Butte County, 4. Such variance for curb, gutter and sidewalk is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone denied to the property in question. 5. The granting of this variance for curb, gutter and sidewalk,will'not be materially detrimental to the public welfare orIinjurious to the property or improvements in the vicinity. B. Approve. the variance applied for by Shirley A. Lombardi to defer installation of curb, gutter, sidewalk and.paveout at 6160 Lincoln Boulevard subject to the following conditions: Prior to the Start of Construction 1. The County enabling legislation for County projects within the Enterprise Zone has to be adopted. M CITY OF OROVILLE PLANNING COMMISSION PUBLIC HEARING AND REGULAR MEETING FEBRUARY 10, 1992 - MINUTES PAGE 6 OF 9 PAGES 3. The granting of this variance will not adversely affect the General Plan for,the City of Oroville. 4. Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone that were developed under County standards, and not denied to the property in question. 5. The granting of this variance will not be materially detrimental to the -public welfare or injurious to the property or improvements in the vicinity. B. Approve the: variance applied for by James Potestio to encroach 15 feet into the required 25 foot rear yard setback with a portion of the proposed structure at 15 Adelaide Way. 1. A row of trees to be planted, with sufficient density at maturity, to provide a visual screen along the rear yard property line and extending 50' on both sides of the house. AYES: Commissioners Carlson, Chairperson Hazeltine NOES: None ABSENT: Commissioner Le Clerc MOTION CARRIED. Geddis, Phelps, Weichert, Wilcox, 3.� VA RIANCELAPL�C-ATION, 6160 LINCOLN BOULEVARD - ENTERPRISE---- ZONE — — — --- -- - -- - -- Request The applicant is requesting Planning Commission approval of a variance to defer installation of curb, gutter, sidewalk, and paveout; and to defer installation of parking lot improvements for. one (1) year in conjunction with the construction of a new restaurant. APPLICANT: SHIRLEY A.-LOMBARDI -6140 LINCOLN BOULEVARD OROVILLE, CA 95966 PROPONENTS: Charlotte Archer, Oroville. OPPONENTS: None. Director Leana stated that the applicant had contacted him that afternoon before the Planning Commission meeting. The request is a double variance, one to defer installation of curb, gutter, sidewalk and paveout; and to defer installation of parking lot improvements. The applicant does not want to defer these parking lot improvements, but a variance to eliminate the paved parking improvements. CITY OF OROVILLE PLANNING COMMISSION PUBLIC HEARING AND REGULAR MEETING FEBRUARY 10, 1992 - MINUTES PAGE 8 OF 9 PAGES 2. Applicant shall sign an agreement running with the .land and binding on all successors in interest to install frontage improvements when deemed necessary by the City of Oroville for the public health, welfare, and safety. Prior to Issuance to Occupancy 3. Parking lot.to be gravelled or packed with 4" base rock with the driveway approach and all handicapped stalls asphalted. 4. Parking__ lot to meet City Standards for shade requirements. AYES:. Commissioners Carlson, Geddis, Phelps, Weichert, Wilcox NOES: Chairperson Hazeltine ABSENT: Commissioner Le Clerc MOTION CARRIED. - 4. VARIANCE APPLICATION '�37 �CANYONHIGHL"A1�IDS°DRI�7E, Rec uest The applicant is requesting approval of a variance to allow a 10-1/2 foot encroachment into the front yard setback to accommodate off-street parking on a lot where the garage has been converted to living space. APPLICANT: BRIAN GOFF 37 CANYON HIGHLANDS DRIVE OROVILLE, CA 95966 PROPONENTS: Brian Goff,.37 Canyon Highlands Drive, Oroville. OPPONENTS: None. The Director gave a report on the application. Following discussion a motion was made by Commissioner Carlson, seconded by'Commissioner Weichert, to: A. Adopt the following findings: 1. The project is categorically exempt from environmental review requirements under Section 15305(a) of the California Environmental Quality Act. 2. There are special circumstances applying to the building and land in that the building was converted by a previous owner, prior to the.to the 1986,law, without benefit of permits and the land will not accommodate off-street parking anywhere but the front yard setback because of the terrain in the back yard.