REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

Transcription

1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 7 PUBLIC HEARING January 23, 2014 To: Members of the Planning and Design Commission Entertainment and Sports Center Project: Request to Initiate a New Special Planning District for the Entertainment and Sports Center Project (P13-065) A request to adopt a new Statement of Initiation to direct staff to work an ESC Special Planning District. A. Statement of Initiation to direct staff to work on an ESC Special Planning District to guide development surrounding the arena building. Location/Council District: Various parcels located between J-L Streets and 3 rd -7 th Streets. Council District 4 Recommendation: Staff recommends the Commission adopt a new Statement of Intent to direct staff to work on an ESC Special Planning District. Contact: Applicant: Owners: Stacia Cosgrove, Senior Planner, (916) , Desmond Parrington, ESC Project Manager, (916) John Rinehart, Sacramento Basketball Holdings, LLC, Sleep Train Arena, One Arena Parkway, Sacramento, CA Downtown Plaza Sacramento, LLC, 180 Sansome, Ste. 1200, San Francisco, CA 94101; City of Sacramento, 915 I Street, Sacramento, CA 95814; Redevelopment Agency Successor Agency, 915 I Street, Sacramento, CA 95814; California Public Employees Retirement System (CalPERS), Legal Office, Lincoln Plaza North, 400 P Street, Room 3340, Sacramento, CA Professionals: Mark Friedman, President, Fulcrum Property/Sacramento Basketball Holdings LLC, ; Jeffrey K. Dorso, Esq., Pioneer Law Group, ; 1

2 Summary: The Entertainment and Sports Center (ESC) project involves the construction of a 17,500 seat capacity indoor, multi-use arena at the location of the existing Downtown Plaza shopping center. The arena would accommodate sporting events and entertainment events such as professional and collegiate sports, concerts, ice shows, indoor rodeo and motor sports, trade shows, large graduations, and other indoor entertainment shows. The project would also establish a vision for future adjacent development on the Downtown Plaza site in the form of up to 475,000 square feet of office, 350,000 square feet of retail/commercial, up to 550 new residential units, and up to 250 hotel rooms. Staff is requesting that the Commission adopt a new Statement of Intent to initiate an ESC Special Planning District. The requested actions contained in this report were noticed to property owners within 1,000-feet of the project site, to neighborhood/business groups in the Central City area, and to all interested parties who requested to be placed on the project mailing list. Notices were mailed 10-days prior to the hearing and the site has been posted. 2

3 Location of Downtown Plaza/ ESC Project Area 3

4 Table 1: Site Information for Entertainment and Sports Center Project General Plan designation: Central Business District (FAR of *, Density du/na) Existing zoning of site: Central Business District (C-3-S) Special Planning District (S): Central Business District Existing use of site: Downtown Plaza Shopping Center, consisting of apx. 1.2 million sq. of retail/commercial and office space and apx. 3,700 parking spaces Property area: Approximately 17 acres *Floor Area Ratio Calculations include the gross building area over the net lot area. Structured parking is excluded from the calculation. Staff Recommendation to Commission: Staff recommends the Commission initiate the establishment of an ESC S, consistent with the requirements of City code section Background Information: On March 26, 2013, the City Council approved a preliminary Term Sheet for the potential development of an ESC at the Downtown Plaza site and the subsequent acquisition of the Sacramento Kings by Sacramento Basketball Holdings LLC (SBH). The Term Sheet established that SBH is responsible for the development of the ESC and the City is to own the arena upon completion. In preparation for development, SBH hired ICON Venue Group in June 2013 to provide project management services and oversee the design and development of the ESC project. ICON, in conjunction with SBH, prepared a Request for Proposal (RFP) for preconstruction services and a second RFP for architectural and engineering services. Proposals were submitted from experienced arena design and construction firms. Turner Construction was selected for pre-construction services in late July, while AECOM was selected as the lead design firm in August On October 29, 2013, the City Council established goals to guide the design, development, construction, and operation of the ESC project. The goals are included in this report as Attachment 1. On November 7, 2013, the Planning and Design Commission conducted a review and comment hearing to provide initial input on design concepts and project goals. On December 12, 2013, the Planning and Design Commission conducted a review and comment session to facilitate input on the draft site design, floor plans, and planned unit development (PUD) guidelines. The Commission voted to direct staff to initiate the formation of a Special Planning District to guide the proposed development surrounding the arena building. 4

5 On December 16, 2013, the City of Sacramento released the project Draft Environmental Impact Report (DEIR) for a 45-day public review period, from December 16, 2013 to January 31, On January 16, 2014, the Planning and Design Commission was asked to adopt a resolution to initiate the formation of a Special Sign District for the area between J-L Streets and 3 rd -7 th Streets and provide review and comment on the progress of the overall Entertainment and Sports Center project proposal. On January 23, 2014, the Commission will be asked to rescind its prior approval of a Statement of Initiation for an ESC Special Planning District, approved on December 12, Public/Neighborhood Outreach and Comments: Outreach event and public hearing dates from September 2013 to present are described in Attachment 1. This hearing has been noticed to property owners within 1,000-feet of the project site, Central City neighborhood, business, and special interest groups, and those individuals who have requested to be placed on the mailing list. Notices were mailed 10-days prior to the hearing and the site has been posted. City Project Goals: On October 29, 2013, the City Council reviewed and adopted a list of ESC project goals to direct the design, construction, and operation of the ESC and surrounding public spaces, office, commercial, and residential development. The list of goals is included in this report as Attachment 2. Policy Considerations: The Downtown Plaza site is designated as Central Business District (CBD) on the General Plan Land Use and Urban Form Diagram. The Central Business District is Sacramento s most intensely developed area. It includes a mixture of retail, office, governmental, entertainment, and visitor-serving uses built on a formal framework of streets and park spaces laid out for the original Sutter Land Grant in the 1840 s. The vision for the CBD is a vibrant downtown core that will continue to serve as the business, governmental, retail, and entertainment center for the city and the region. Policies contained in the General Plan, Urban Form Guidelines, and Central Core Urban Design Guidelines are included in this report as Attachment 3. Environmental Considerations: The action by the Planning and Design Commission to adopt a new Statement of Initiation directing staff to work on the creation of a Special Planning District is part of the planning and administration process, and is not a project as defined by CEQA. [CEQA Guidelines Section 15378(b)(2)] Any subsequent change in the City Code would be subject to the requirements of the California Environmental Quality Act (CEQA). The larger proposal for development of the arena, including demolition, construction and operation of the facility, is evaluated in a Draft Environmental Impact Report (EIR) that 5

6 includes a complete project description, identification of potential significant effects, mitigation requirements, and an evaluation of alternatives. Certification of the EIR is required before approval of any project component. The draft EIR was released for a 45-day public review period on December 16, 2013; the public review period will end on January 31, The DEIR can be downloaded from the City website at the following address: Anticipated Entitlements: A list of the anticipated ESC project entitlement is included in this report as Attachment 4. Sports Complex Land Use: The ESC building is currently proposed to total almost 1 million square feet that includes the arena, on-site retail, and parking areas; the exact square footage is still being refined. The arena would include a performance bowl with general and premium seating, suites, indoor standing viewing areas, and outdoor courtyard and terrace areas, designed to accommodate sporting events, concerts, conferences and conventions, trade shows, circuses, and family-oriented shows. Attached to the ESC building is the practice facility. The building would include administrative offices for the Sacramento Kings, a two-court practice facility, restaurants, and retail space. The retail stores and restaurants may be accessible to the public from outside the facility and may operate during regular, non-event business hours. Mixed Use Development Surrounding the ESC Building A specific mix of complimentary land uses is proposed to surround the ESC site. It includes up to 1.5 million square feet of development, specifically 475,000 square feet of office, 350,000 square feet of retail/commercial, up to 550 new residential units, and up to 250 hotel rooms. A Planned Unit Development (PUD) and Special Planning District (S) are proposed to be established to guide the future development of these surrounding land uses. Special Planning District (S) Staff is requesting that the Commission initiate the establishment of an S, consistent with the requirements of City code section A Statement of Initiation is included in this report as Attachment 5. Though the Commission approved the initiation of the ESC S on December 12, 2013, due to inadvertent inconsistencies between the staff report recommendation and the public notice, staff is asking that Commission adopt the initiate the S again given that the action has been noticed and that the public will have an additional opportunity to comment on the action prior to the Commission s action. An S is a planning tool to regulate properties under multiple ownership that are in need of general physical and economic improvement, or have special environmental features that standard land use, zoning, and other regulations cannot adequately address. For such areas to achieve their fullest potential, it may be desirable to provide 6

7 for a range or mixture of uses that would not otherwise be permitted with standard zoning designations. A draft copy of the proposed ESC-S language is included in this report as Attachment 6. A detailed discussion of the S elements is provided on Table 1 below, including staff comments: Table 1: S Language and Analysis Item No. 1. S Proposal Uses- Retail Stores. The C-3 zone currently states that a retail use is limited to 125,000 gross square feet; if the use exceeds this limitation, a conditional use permit is required. The S proposes to eliminate this CUP requirement, meaning a retail use of more than 125,000 square feet could be located within the S area without a use permit. Staff Response: Staff has no objection to this request. The DEIR considers development of up to 350,000 square feet of retail uses. All development within the S will be subject to Site Plan and Design Review to assure that building design is appropriate (A)- Allowed Uses. There is a table within the proposed S that identifies allowed uses that require a conditional use permit. It prescribes that these uses may be approved with a conditional use permit by the Planning Director, instead of the Planning and Design Commission. The Planning Director process is a director level hearing. 2. Staff Response: All of the uses listed on the table currently require a conditional use permit (CUP) in the C-3 zone, at varying levels of review. Some would require a CUP from the Zoning Administrator and some from the Planning and Design Commission. The Planning Director process is a director level public hearing process, governed by City Code Section A public hearing is required. Public noticing is conducted in exactly the same manner as is required for the Zoning Administrator and the Planning and Design Commission. The decision of the director can be appealed to the Planning and Design Commission. Staff has no objection to this provision delegating CUP decisions to the director level for the following reasons: 1. The CUP entitlement is still noticed to the public and a public hearing held in the same manner as it would be to the Zoning Administrator or the Planning and Design Commission; 2. Final appeals would be heard by the Planning and Design Commission, a 7

8 hearing body that is experienced in reviewing complex land use issues; 3. The S and other guiding documents for the site (PUD, EIR, Central City Urban Design Guidelines, adopted Council goals) establish a clear vision for the redevelopment of the ESC-S area to guide the director level decision. It is reasonable to delegate decisions to the Director level where clear vision and standards have been established; and 4. It creates a continuity and predictability within the S that all CUPs are to be reviewed at the same hearing level and by the same hearing body (B)- Prohibited Uses. The S proposes to prohibit certain uses that might ordinarily be allowed, sometimes with a discretionary permit, in the C- 3 zone. 3. Staff Response: Staff has no objection to the proposed prohibited uses in order to further the goals of the S. The majority of these uses would have required a discretionary, conditional use permit from either the Planning and Design Commission or the City Council anyway, given the nature of the uses and ability to impact surrounding uses. It is common for S s to prohibit uses that are found to be incompatible with the desired uses (C)- Ground Floor Retail Requirement. The S proposes to add three new uses that would count toward the ground floor retail requirement in the C-3 zone, for blocks within the ESC-S only. The proposed uses are: Sports complex 2. Hotel, office, or residential entrance and/or lobby area 3. Open space/public plaza Staff Response: Staff has no objection to including the new uses as ones that would count toward the 50% ground floor retail requirement, as the uses are active ones and including this provision will streamline the future entitlement process (B)- Site Plan and Design Review Process. The S proposes that projects which deviate from a development standard or design guideline or exceed one of the thresholds established by City Code Section be subject to review by the Planning Director, via the director level review process established by Section , instead of by the Planning and Design Commission. Staff Response: The existing site plan and design review (SR) process establishes three review levels: Staff Level, Director Level, and Commission Level. Projects that are consistent with all development and design standards may be reviewed and approved at staff level. Projects that deviate from 8

9 development and design standards by not more than 50% may be heard at the director level. Projects that deviate from development and design standards by more than 50% are heard at the Commission level. An exception to this general hierarchy occurs when a project exceeds the thresholds established in Section , which are as follows: A. A development that exceeds 60 feet in height; B. A residential development project of more than 150 dwelling units; C. A non-residential development project exceeding 125,000 square feet; D. A mixed-use development project exceeding 125,000 square feet. If a project does not deviate from any development or design standards but exceeds one of these thresholds, the project must go to Commission level. This section of the code applies citywide, except where a different process is established by a Special Planning District or Planned Unit Development guidelines. For example, project within the Railyards S are heard at a Planning Director level hearing. Staff has no objection to projects within the ESC S being reviewed at the Planning Director level, subject to appeal to the Planning and Design Commission level, for the following reasons: 1. The Site Plan and Design Review entitlement is still noticed to the public and a public hearing held in the same manner as it would be to the Planning and Design Commission; 2. Final appeals would be heard by the Planning and Design Commission, a hearing body that is experienced in reviewing complex design related issues; 3. The S and other guiding documents for the site (PUD, EIR, Central City Urban Design Guidelines, adopted Council goals) establish a clear vision for the redevelopment of the ESC-S area to guide the director level decision. It is reasonable to delegate decisions to the Director level where clear vision and standards have been established; and 4. It creates a continuity and predictability within the S that Site Plan and Design Review applications are reviewed at the same hearing level and by the same hearing body. Conclusion: Staff recommends the Commission initiate the establishment of an ESC S, consistent with the requirements of City code section

10 Subject: Entertainment and Sports Center (P13-065) January 23, 2014 Respectfully submitted by: Recommendation Approved: Desmond Parrington, AICP ESC Project Manager Table of Contents: Attachment 1: Outreach Efforts Attachment 2: City of Sacramento, Project Goals Attachment 3: General Plan and Central Core Design Guidelines Attachment 4: List of Anticipated Project Entitlements Attachment 5: Statement of Initiation Attachment 6: Draft Language for the ESC Special Planning District 10

11 Attachment 1- Outreach Efforts Community Outreach Efforts The following is a list of outreach activities completed between September 27, 2013 and November 15, Survey: Beginning on September 27, over 6,000 people completed an on-line survey on design and development issues regarding the ESC. Focus Group meetings: The Kings hosted four focus group meetings addressing different aspects of ESC design and development. Each focus group had attendees who were randomly selected from survey participants. Focus group meeting topics included: o Celebrating Sacramento (Oct. 2): This meeting sought input on ways the ESC could celebrate and respect what is wonderful and unique about Sacramento from its climate to its rivers and culture. o Reactivating Downtown (Oct. 3): This meeting sought ideas about how the ESC could help connect to and reactivate downtown. o Great Entertainment Experience (Oct. 8): This meeting asked participants how the City and the Kings could create a great entertainment experience including technological innovations, features for fans, etc. o The Green ESC (Oct. 9): Unlike the other focus groups, this meeting brought together local experts on sustainability and green technology such as SACOG, SARTA, Greenwise, etc. to discuss ways to create the most sustainable arena possible. Community Open House: On Saturday, October 5 th, the City and the Kings hosted an open house on the arena design at the Tsakopoulos Library Galleria. Like the focus group meetings, the open house utilized the same four questions with stations for each topic. The open house was attended by 85 members of the public and they voted on key design concepts, provided ideas at each station, and engaged in discussions with staff and the Kings. Over 380 ideas were received at the meeting. ESC Information Table: Between October 7 th and October 14 th, an information table about the ESC was set up in the City Hall lobby. The table provided visual examples and provided information about the ESC including questions related to 11

12 the focus group topics. Comment cards were available to the public so they could provide their ideas to the City and the Kings. Envision Sacramento: In addition to the survey, the focus groups and the open house, the City also used Envision Sacramento to solicit ideas from community members on the design and goals for the arena. Between October 7 th and October 18 th, the City received over 170 ideas for the ESC. A summary of the major ideas from the community open house was compiled by staff and shown in the following graphic called a vision board or wordle. In this graphic, the ideas and themes that had the most votes or highest frequency are represented by larger words while those that were mentioned less frequently are smaller. Councilmember Hosted Open Houses: Councilmember Schenirer hosted an open house in District 5 at the Sierra 2 Community Center on November 15 th, Councilmember Hansen hosted two open houses in District 4, the first on October 23, 2013 at California Middle School and the second on November 6, 2013, at The Met High School (810 V Street). Application Submitted: The planning application materials were posted on the City s website on November 22, 2013, and notification was widely distributed to departments, agencies, central city neighborhood/business groups, business owners and residents within 1,000-feet of the project site, and other interested parties for review and comment on the planning entitlements and project design. Recipients were invited to attend the December 12, 2013, Planning and Design Commission review and comment hearing on the project and to view all of the project exhibits and application materials on the City s website. Public Hearings: A review and comment session for the project was held before the Planning and Design Commission on November 7, o o A review and comment session to review the project application was held before the Planning and Design Commission on December 12, A review and comment session before the Planning and Design Commission is scheduled for January 16, The Commission will also be asked to adopt a Resolution to initiate the formation of a special sign district. Draft EIR Workshop: An informational workshop was held at City Hall on December 18, 2013, to allow the public an opportunity to review the project exhibits and ask questions to subject matter experts about the public review draft of the project s Environmental Impact Report. The ideas gathered from the public are being incorporated into the design of the ESC, the public plaza and surrounding development area by SBH and its design team, which 12

13 is led by AECOM. In addition, City staff has incorporated the key ideas and themes into the goals for the ESC project. 13

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15 Attachment 2- City of Sacramento, Project Goals City Project Goals: On October 29, 2013, the City Council reviewed and adopted the following list of ESC project goals to direct the design, construction, and operation of the ESC and surrounding public spaces, office, commercial, and residential development: Regional Center: Develop an entertainment and sports center district that is a world-class destination and serves as a central gathering place for the community. Continuously Active Place: Create an iconic civic open space and energize that space, the arena, and the downtown district through regular events, activities, and programming year-round. Uniquely Sacramento: Create an active entertainment and sports center district that is uniquely Sacramento and embraces our culture, climate, and community. Unparalleled Entertainment Venue: Design and build the country s most technologically innovative and advanced entertainment venue that is capable of accommodating the Sacramento Kings and a broad array of other events in a unique and enjoyable experience for fans and performers. Sustainable Project: Develop a sustainable entertainment and sports center project that is certified LEED-Gold, supports smart growth principals, and encourages public transit use as well as pedestrian and bicycle transportation. Connect Downtown: Develop an entertainment and sports center project that connects with and enhances downtown from the waterfront to the Convention Center and from the Capitol to the Railyards and intermodal facilities. Strengthen Downtown: Establish a framework for successful development surrounding Downtown Plaza. Regional Economic Catalyst: Leverage the entertainment and sports center to develop the local workforce and local businesses and spark redevelopment of underutilized downtown properties throughout the Central Business District. A Multimodal Place: Locate, design, and develop an entertainment and sports center that complements a variety of transportation modes including public transit, bicycling, walking, and driving, as well as the nearby intermodal facilities. Embracing the Arts: Utilize the entertainment and sports center project to honor and add to the vibrant arts community in Sacramento by applying the talent of local and regional artists. 15

16 A First-Class Destination: Operate and maintain the City-owned entertainment and sports center and surrounding district so that they are a first-class destination. Natomas Reuse: Achieve economic reuse of the Natomas arena site that supports and builds upon the goals and needs of the community. 16

17 Attachment 3: General Plan and Central Core Design Guidelines General Plan, Urban Form Guidelines The City of Sacramento General Plan, Land Use and Urban Design section, contains key urban form characteristics envisioned for development within the Central Business District: 1. A mixture of mid- and high-rise buildings creating a varied and dramatic skyline with unlimited heights; 2. Lot coverage generally not exceeding 90%; 3. Buildings are sited to positively define the public streetscape and public spaces; 4. Building facades and entrances directly addressing the street and a high degree of transparency; 5. An interconnected street system providing for traffic and route flexibility; 6. Vertical and horizontal integration of residential uses; 7. Public parks and open space areas within walking distance of local residents; 8. Parking is integrated into buildings or placed in separate structures; 9. Minimal or no curb cuts along primary streets; 10. Side or rear access to parking and service functions; 11. Broad sidewalks appointed with appropriate pedestrian amenities, including sidewalk restaurant/café seating; 12. Street design integrating pedestrian, bicycle, transit and vehicular use and incorporates traffic-calming features and on-street parking. Central Core Urban Design Guidelines The Central Core Urban Design Guidelines document, adopted by City Council in 2009, sets forth a long-term vision for the physical form and character of Sacramento s downtown. The design of the ESC project and associated development is being reviewed in light of the Central Core design concepts and principles, including the following areas: Building orientation and creation of an active, inviting streetscape 17

18 Guidance for creating a well-defined public realm, open space, and retail environment Use of quality materials and colors Tower massing and separation Consideration of site access, service areas, and utilities 18

19 Attachment 4- List of Anticipated Project Entitlements The following is a summary of the entitlements that are anticipated with this project: 1. Establish a Special Planning District (S). An ESC-S would put specific regulations in place to guide development within the area surrounding the arena building; 2. Establish a Planned Unit Development (PUD). PUD guidelines and a schematic plan are being requested for the properties surrounding the arena building to provide more integrated development standards than would otherwise be possible through a strict application of zoning regulations. Additional analysis regarding the proposed PUD language is included in this staff report; 3. Establish a Special Sign District. Due to the unique needs of a sports facility and its ancillary uses, there is interest in establishing a special sign district. The district would likely cover the entire area between 3 rd Street to the west, 7 th Street to the east, J Street to the north, and L Street to the south. Within this area, specific signage would be regulated by size, number, location, and materials/manner. The Planning and Design Commission is being asked to adopt a resolution to initiate a special sign district for the area, consistent with City code section The initiation of the creation of a sign district sets in motion a series of public hearings on the matter. Draft sign district language would come before the Commission at its February 27, 2014, public hearing for a recommendation to City Council. Council would then be asked to act on the special sign district request at its April 2014 public hearing; 4. Rezone S Properties. The parcels proposed to be located within the new ESC S would be rezoned out of the Central Business District S and into the ESC S. 5. Amend Sign Code Related to Digital Billboards. A digital billboard program is proposed to support the development and operation of the ESC. The program would allow the project applicant to develop and operate up to six digital billboards on City-owned property. An amendment to City code section would be required to revise relocation agreement requirements; 6. Tentative Subdivision Map. The applicant is requesting to merge and resubdivide the Downtown Plaza property into 25 parcels using a vertical subdivision map; 7. Conditional Use Permit for a Sports Facility. A Conditional Use Permit is required in the Central Business District (C-3) zone to establish a Sports Facility use ( ); 8. Conditional Use Permit for Alcohol Sales. A Conditional Use Permit is being requested to allow bars and other venues that serve alcohol and require a CUP 19

20 to do so. A maximum number of venues would be allowed under this master CUP. Any additional venues would have to request a CUP through the standard entitlement process; 9. Conditional Use Permit to waive a portion of the ground floor retail requirement on L Street. Section of the City code requires that 50% of the block face on L Street be devoted to pedestrian generating uses. Staff is currently analyzing whether the current proposal meets this requirement. If the project does meet the requirement, this entitlement will be removed; 10. Site Plan and Design Review. Site plan and design review will be conducted for the arena building, the surrounding plaza area, and the practice facility. The entitlement will also extend to all of the parcels subject to the tentative map, including below and above ground. Future construction within the PUD will have to submit an application for subsequent site plan and design review at that time; 11. Variance(s) to Amend the Hours for Noise. City code section 8.68 governs noise standards. There is an exemption provided for noise sources due to demolition and construction activities between the hours of 7am-6pm, Monday-Saturday, and 9am-6pm on Sunday. A request may be made for a variance to extend the hours for construction noise beyond what is stated above in order to meet construction deadlines. More information related to noise is available in the project draft EIR. Based on the findings from the EIR, a variance or an amendment to the City s noise standards for the Downtown Plaza area may be needed to address noise issues associated with the operation of the arena and activities in the public plaza. The DEIR discusses methods for mitigating noise though implementing noise control methods during construction and for operational noise from the arena and public plaza. 20

21 Attachment 5- Statement of Initiation STATEMENT OF INITIATION Establishment of the Entertainment and Sports Center (ESC) Special Planning District January 23, 2014 In accordance with the procedures for amendments of special planning district boundaries and establishment of new special planning districts as set out in Section of Title 17 (Planning and Development Code) of the Sacramento City Code, the Planning and Design Commission hereby initiates establishment of the Entertainment and Sports Center Special Planning District as shown in Exhibit A. After approval of this Statement of Initiation, it shall be filed with the Secretary of the Planning and Design Commission and thereafter a public hearing shall be noticed and held to consider the proposed establishment of the Entertainment and Sports Center Special Planning District in accordance with the procedures specified in Section Exhibit A Proposed Entertainment and Sports Center Special Planning District Boundaries 21

22 Exhibit A- Proposed ESC-S Boundaries Exhibit A Project LEGEND Sile (Includes mixed-use Pla nned Unil DevelOpment site) SCALE: I" = 250' N EB -.. -~....._... ~ I i... I fsc-spo.... ~ ' SrTf ~ q I I" -. :,_,.J ESC Special Planning District (ESC-S) Sile D Not Port ol This Sile (NAPOTS) 22

23 Attachment 6: Draft Language for the ESC Special Planning District ESC Special Planning District CHAPTER ENTERTAINMENT AND SPORTS CENTER SPECIAL PLANNING DISTRICT Sections: Purpose and Intent ESC S Boundaries Conflicting Requirements Zoning and Uses Development Standards Development Permitting Process Subdivisions RECEIVED NOV BY: A. ~ Purpose and Intent The Entertainment and Sports Center Special Planning District ("ESC-S") provides specific development procedures in recognition of the unique position of the surrounding property to the City's Entertainment and Sports Center. This S intends to facilitate and encourage the development of the district and surrounding properties, and will apply in conjunction with the development standards set forth in the corresponding ESC Planned Unit Development ("PUD"). The ESC S will regulate uses and approval processes, and the ESC PUD will regulate development standards for the physical development of the property. Together, the ESC PUD and S seek to promote a significant reversal in the long-term trend of area economic stagnation and stimulate major multiple use development around a central theme ESC S Boundaries The ESC S is within the Central City, and generally bounded by 3rd Street to the west, J Street to the north, i hstreet to the east, and L Street to the south. Exhibit A provides a specific account of the ESC S boundaries Conflicting Requirements Development within the ESC S area shall be subject to the special rules and regulations set forth in this chapter, in addition to the other regulations of this title and code. If a conflict between the provisions of this chapter and other provisions of this title and code occurs, the provisions of this chapter shall prevail Uses A. Allowed Uses. Except as provided below, the uses allowed within the ESC-S are the same as the allowed uses outside of the ESC-S. 4-1

24 1. Retail Store. There is no conditional use permit requirement related to the size of a retail store; 2. The following uses require approval of a conditional use permit by the Planning Director, consistent with the requirements of Section , subject to the limitations specified: Use 1. Residential Uses Dormitory Dwelling, single-unit Fraternity house; sorority house Residential care facility Residential hotel 2. Commercial and Institutional Uses Alcoholic beverage sales, offpremises consumption Amusement center, outdoor Assembly cultural, religious, social Auto sales, storage, rental Bar; nightclub College campus Kennel Major medical facility Non-residential care facility Outdoor market Limitations Subject to special use regulations in section Subject to special use regulations in section Subject to special use regulations in section Subject to special use regulations in section Repair work is permitted if confined to a building Subject to special use regulations in section In granting a conditional use permit the planning director may consider the traffic, parking, noise, hours of operation, and any Approval Required by: Planning Director () 4-2

25 School, K-12 Sports complex Stand-alone parking facility Tobacco retailer Veterinary clinic; veterinary hospital 3. Industrial and Agricultural Uses Antenna; telecommunications facility Community garden (exceeding 21,780 gross square feet) Produce stand applicable development standards related to the proposed outdoor market The planning director may waive the development standards stated in sections and A planning director conditional use permit is required for a tobacco retailer that has 15,000 square feet or less of gross floor area and is located within 1,000 feet, measured for the nearest property lines of the affected parcels, of a public or private school (K-12). Otherwise the use is to be treated as Retail in all applicable zones Permitted with a conditional use permit if animals are boarded outside, or entire business is not conducted within a building Subject to special use regulations in section et seq. Subject to special use regulations in section B. Prohibited uses. The following uses are prohibited in the ESC-S. 1. Adult entertainment business 2. Auto service and repair 3. Boat dock; marina 4. Check-cashing center 5. Correctional facility 6. Gas station 7. High voltage transmission facility 4-3

26 8. Mortuary; crematory 9. Non-profit organization, food preparation for off-site consumption 10. Non-profit organization, food storage and distribution 11. Non-profit organization, meal service facility 12. Temporary residential shelter 13. Transit vehicle- service, repair, storage 14. Well- gas, oil C. Ground-Floor Retail Requirement. The following uses are added to Table 1: Retail, Pedestrian, and Personal Service Classifications (Section ), within the ESC-S. 1. Sports complex 2. Hotel, office, or residential entrance and/or lobby area 3. Open space/public Plaza Development and Design Standards Development within the ESC-S area is subject to the development standards and design requirements established in the ESC PUD. This includes building setbacks, massing, and all other development standards established in the ESC PUD Development Permitting Process A. The purpose of the approval process set forth herein is to streamline the development process for projects that are consistent with the applicable planning and development requirements. The appropriate hearing body shall exercise its discretion to find whether development is consistent with the goals, policies, objectives and other provisions of the ESC PUD, the ESC environmental impact report and mitigation monitoring program, any applicable development agreement, this title, and all other applicable plans, ordinances, and development regulations, and is compatible with surrounding development. B. Site Plan and Design Review. Site Plan and Design Review within the ESC-S that deviates from a development standard or design guideline or exceeds one of the thresholds established by Section is subject to review by the planning director, consistent with the process established in Section C. The decision of the planning director approving or denying the planning director site plan and design review permit shall be subject to appeal to the planning and design commission pursuant to Section Subdivision Maps Notwithstanding the provisions of Title 16 or any other provisions of this code to the contrary, the planning director shall hear and take action on all tentative subdivision maps, tentative parcel maps and tentative master parcel maps, including requests for subdivision modifications relating to the tentative map, for property within the ESC S. 4-4

27 The planning director shall comply with the provisions of Title 16 relating to notice, hearing, findings, and all other relevant procedural matters. Appeal from a decision of the planning director on a tentative map or subdivision modification shall be processed and heard in the same manner as an appeal from a zoning administrator action on a tentative parcel map. 4-5

28 Exhibit A D Project Site (includes mlxecklse Planned Unit Developmenl sife) SCAlE: I" = 250' N I I 1 0' 125' 250' EB [.: J ESC Specio1 Planning District fesc-s) Site D Not Por1 ot This Site (NAPOTSJ 4-6