Report to Mayor and City Council
Tuesday, October 18, 2016
Discussion
SUBJECT:
Title
CONSIDER RESOLUTION NO. 16-140, AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 16-1578U FOR REMODELING OF THE K-MART BUILDING AND CONVERTING IT TO A MULTI-TENANT BUILDING, INCLUDING JOHN'S INCREDIBLE PIZZA, AND OTHER TENANTS AS THEY REQUEST TO LOCATE IN THE BUILDING IN THE CARSON TOWN CENTER LOCATED AT 500 CARSON TOWN CENTER (CITY COUNCIL)
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I. SUMMARY
On January 19, 2016, the City Council adopted Interim Urgency Ordinance No. 16-1578U extending a moratorium on new development and expansion or modification of existing buildings or sites in six Planning Areas for 10 months and 15 days. On February 2, 2016, the City Council ratified the ordinance (Exhibit No. 1). Section 6 of this Ordinance allows the City Council to make exceptions to the application of this Ordinance. On September 16, 2016, Mr. Jonathan Kohn, Director of Leasing for Levy Affiliated, representing the property owner (CRICKM Carson Trust), and Mr. John Parlet, Founder and CEO of John’s Incredible Pizza (Applicant) filed a request to make an exception to this ordinance to allow processing of plans and all necessary permits for remodeling of the K-mart building and turning it into a multi-tenant building, including John's Incredible Pizza as one of the tenants and other tenants as they request to locate in the building (Exhibit No. 2). If the City Council determines to allow an exception pursuant to Section 6, such applications and/or permits may be filed and processed in accordance with the City’s regulations and authority, and any other applicable laws, ordinances and regulations. Staff recommends adoption of Resolution No. 16-140 allowing the applicant to proceed with filing the plans (Exhibit No. 3).
II. RECOMMENDATION
Recommendation
WAIVE further reading and ADOPT Resolution No. 16-140, “ALLOWING AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 16-1578U TO ALLOW PROCESSING OF PLANS AND ALL RELATED PERMITS FOR REMODELING OF THE K-MART BUILDING AND CONVERTING IT TO A MULTI-TENANT BUILDING INCLUDING JOHN'S INCREDIBLE PIZZA AS ONE OF THE TENANTS IN THE CARSON TOWN CENTER AND OTHER TENANTS AS THEY REQUEST TO LOCATE IN THE BUILDING LOCATED AT 500 CARSON TOWN CENTER.”
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III. ALTERNATIVES
TAKE such other action as the City Council deems appropriate, consistent with the requirements of law.
IV. BACKGROUND
Throughout the country, a substantial number of K-mart stores are either closing or reducing their size. Earlier in 2016, John’s Incredible Pizza (John’s) requested to move into a 50,100 sq. ft. portion of the 150,000 square-foot K-mart building at Carson Town Center. John’s first proposed elevation was very colorful but out of character for the existing K-mart building (Exhibit No. 4), though similar to other John’s locations (Exhibit No. 5). Staff determined the proposed elevation to be unacceptable. Furthermore, the K-mart building was built in 1996 and is in need of renovation. Staff required that the property owner submit plans showing enhancements to the exterior of the entire building, but showing the front elevation of the building as a multi-tenant building. At first the elevations received by staff did not incorporate the elevations of John’s into the building (Exhibit No. 6) but eventually staff received upgraded elevations that incorporated John’s elevations as well (Exhibit No. 7).
Staff believes the proposed design is of sufficient quality to remove the building from the moratorium area, since the removal from the moratorium precedes even the first step in the entitlement process, though staff has informed the applicant that additional enhancements will be needed to finalize the design.
Section 6 of Interim Urgency Ordinance No. 16-1578U states that the City Council may allow exceptions to the application of this Ordinance, if the City Council determines any of the provisions included in Section 6, A through D apply to the request. Staff has determined that provisions of Section D. apply to this request. Section 6.D. of Interim Urgency Ordinance No. 16-1578U states:
“The request is for an exception from the application of this Ordinance for permits for development of new projects or expansion and modification of existing buildings and sites and the use proposed is consistent with and will not pose an impediment to the establishment of a “signature project” as that concept is described in the Land Use and Economic Development Elements of the City’s General Plan.”
The proposed upgrades to the overall building facade and addition of the John’s as a new tenant and other potential new businesses will revitalize a center that has had an underperforming anchor tenant. The Vision Plan did not anticipate the revitalization of the center and creating a consistent architecture for the multi-tenant building, but rather anticipated a long term transition to logistics uses, such as the buildings that abut it to the rear, facing Main Street. However, the rejuvenation of the center is a very positive step toward the redevelopment of the area. The redevelopment of the existing center is also less disruptive to the community overall and provides more retail opportunities for the community and perhaps more sales tax for the City than would the replacement of the center with logistics-serving buildings. Therefore, the said project and use have been determined to be consistent with the existing zoning and character of the area and would not pose an impediment to the establishment of a “signature project” as required by Section 6.D.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Ordinance No. 16-1578U. (pgs. 4-12)
2. Letter from Mr. Jonathan Kohn, Director of Leasing for Levy Affiliated representing the property owner CRICKM Carson Trust, and Mr. John Parlet, Founder and CEO of John’s Incredible Pizza, dated September 16, 2016. (pg. 13)
3. Resolution No. 16-140. (pgs. 14-17)
4. John’s First Proposed Elevation (pg. 18)
5. John’s Other Cities Elevations (pgs. 19-22)
6. Multi-tenant Building Elevations without John’s and Floor Plan (pgs. 23-24)
7. Multi-tenant Building Elevations with John’s (pg. 25)
Prepared by: Saied Naaseh, Planning Manager