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File #: 19-0471    Version: 1
Type: Public Hearing - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 12/3/2019 Final action:
Title: Consider Adopting a Resolution Regarding an Application to Allow an Office Use on the Ground Floor of a Building Previously Occupied by a Bank at 1419 Highland Avenue (Zebrowski). a) CONDUCT PUBLIC HEARING DE NOVO b) ADOPT RESOLUTION NO. 19-0111 CONDITIONALLY APPROVING THE USE PERMIT
Attachments: 1. Resolution No. 19-0111, 2. Proposed Property Plans, 3. Planning Commission Resolution No. PC 19-14, 4. Planning Commission Meeting Minutes of October 23, 2019, 5. Planning Commission Meeting Minutes of October 9, 2019, 6. Planning Commission Report, Attachments and Related Material (October 23, 2019), 7. Planning Commission Report, Attachments and Related Material (October 9, 2019), 8. Public Comment
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Jeffrey W. Gibson, Interim Director of Community Development
Laurie Jester, Planning Manager
Ted Faturos, Assistant Planner

SUBJECT:Title
Consider Adopting a Resolution Regarding an Application to Allow an Office Use on the Ground Floor of a Building Previously Occupied by a Bank at 1419 Highland Avenue (Zebrowski).
a) CONDUCT PUBLIC HEARING DE NOVO
b) ADOPT RESOLUTION NO. 19-0111 CONDITIONALLY APPROVING THE USE PERMIT
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Recommended Action
RECOMMENDATION:
Staff recommends that after conducting the public hearing, the City Council adopt Resolution No. 19-0111 to conditionally approve the Use Permit.

FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.

EXECUTIVE SUMMARY:
The subject site is a vacant building, previously occupied by a bank, on the Southwest corner of Highland Avenue and 15th Street, located in the CD Downtown Commercial zone. The applicant proposes to establish a ground floor office use at the site. Any new ground floor office use in the CD zone requires a Use Permit. The applicant is not proposing any changes to the structure that would require a building permit. The Planning Commission approved the Use Permit request on a 4-1 vote, with specific conditions regulating the use of the building's rooftop deck. One Commissioner voted "no" due to concerns of allowing amplified sound on the building's rooftop deck.

Two members of the City Council called up the Planning Commission's decision for review. The Municipal Code provides that the Council review hearing will be conducted as a public hearing 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 Council hearing.

DISCUSSION:
The plans sho...

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