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File #: RES 17-0065    Version: 1
Type: Public Hearing - SR w/Resolution Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 6/6/2017 Final action:
Title: Application for a Use Permit for the Expansion of an Existing Retail Use That Would Exceed 1,600 Square Feet of Buildable Floor Area Located at 1115, 1117, 1121 Manhattan Avenue (Skechers USA, Inc) (Community Development Director McIntosh). CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION NO. 17-0065 APPROVING THE PROJECT WITH CONDITIONS
Attachments: 1. City Council Draft Resolution No. 17-0065, 2. Proposed Plans, 3. Project Overview/Zoning Summary Chart, 4. IZO Ordinance No. 16-0013-U, 5. Power Point Presentation, 6. Appellant’s Materials, 7. Planning Commission Resolution No. PC 17-02, 8. Planning Commission Meeting Minutes of March 29, 2017, 9. Planning Commission Report, Attachments and Related Material - March 29, 2017
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Mark Danaj, City Manager

FROM:
Anne McIntosh, Community Development Director
Laurie Jester, Planning Manager
Ted Faturos, Assistant Planner

SUBJECT:Title
Application for a Use Permit for the Expansion of an Existing Retail Use That Would Exceed 1,600 Square Feet of Buildable Floor Area Located at 1115, 1117, 1121 Manhattan Avenue (Skechers USA, Inc) (Community Development Director McIntosh).
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION NO. 17-0065 APPROVING THE PROJECT WITH CONDITIONS
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Recommended Action
RECOMMENDATION:
Staff recommends that after conducting the public hearing, the City Council adopt Resolution No. 17-0065, (Attachment 1) conditionally approving the Use Permit.

EXECUTIVE SUMMARY:
The subject site is an existing Skechers retail space located at 1117 and 1121 Manhattan Avenue. Skechers proposes to merge its existing retail space with a vacant adjacent retail space located at 1115 Manhattan Avenue, thereby creating a larger single retail space (Attachment 2). Although the proposed use is a permitted use in the Downtown Commercial (CD) zone, the Downtown Interim Zoning Ordinance (IZO) 16-0013-U (Attachment 4) requires a use permit for any proposed retail use that would exceed 1,600 square feet of Buildable Floor Area.

The Planning Commission's decision has been appealed (Attachment 6). The Municipal Code provides that appeals of Commission decisions are public hearings de novo. De novo means that the Council must take a "fresh look" at all the evidence presented at the public hearing and, after the public hearing is closed, base its decision on the evidence presented at the hearing. The Applicant (not the Appellant) has the burden of showing that the proposed Project satisfies the necessary findings.

DISCUSSION:
Background-Proposed Project
The existing Skechers store occupies a 3,435 square foot retail space locate...

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