31A - CUP - 1002 E 17TH ST - Laserfiche WebLink

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CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 3 The integrated development site was originally developed in 1955 with a freestanding building that contains the Hometown Buffet restaurant. In 1986, the site was further developed with the multi -unit commercial building that contains the subject banquet facility. The center contains a variety of commercial business types, including three eating establishments, office, retail, and service uses, a laundry facility, a fitness studio and a vacant tenant space. Following expansion of the site in 1986 to include the multi -unit commercial building and additional parking spaces, the tenant mix and changes to the City's off - street parking standards resulted in the site becoming legal nonconforming in meeting the number of required off - street parking spaces. Pursuant to the City's nonconforming codes, new tenants that replace existing tenants may do so without the need for approval of a variance if the new tenants' parking requirements are below or match the existing tenants' parking requirements. Because banquet facilities require more parking than what was required by the previous tenant in Unit M, approval of a variance application to allow a 47- percent parking reduction in tandem with the CUP application is required. The subject facility has been operating without the necessary life safety equipment, permits, and land use entitlements since at least 2011. The tenant and property owner were first notified in 2011 that banquet facilities require approval of a CUP. Following this notification, the tenant and property owner were cited with a notice of violation, which required application for a CUP, a City business license, a certificate of occupancy, and plan check for the equipment that was installed without permits, After the operator and property owner failed to comply with the City's enforcement efforts, the matter was prosecuted by the City Attorney's Office. After a hearing, a judge reviewing the matter provided the applicant time to apply for the required entitlements to attempt to legalize the land use. However, because of the numerous building code, site, and parking issues, staff recommends denial of the CUP and variance applications. In August 2015, the applicant submitted plans to the City for review by the Development Review Committee. Analysis at the time indicated a lack of required parking, the inability to pursue a shared parking strategy, and the lack of conformance to the California Building Code. As a result, Site Plan Review was denied. The applicant elected to proceed with the current CUP and variance applications in March 2016. Project Analysis Approval of the subject CUP and variance applications would enable the applicant to pursue applications for a City business license, certificate of occupancy, and permits and plan check. However, using the required findings of fact contained within the RAMC, staff has prepared the following analysis to recommend that the Planning Commission adopt respective resolutions denying the proposed project. 31A-5