AgdaPkt 2000-10-16 - Laserfiche WebLink

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�i A -�. the use is of the same general character as the permitted uses in a Zoning District and that the use will not be a detriment to the public health, safety and welfare. To meet such findings in the CBR Zoning District, the applicant is generally required to demonstrate that the business has a retail presence and orientation. The storefront is required to remain open to pedestrian traffic with limited window obstructions in order to maintain an open appearance and an enhanced pedestrian experience. Section 26.10 of the Zoning Ordinance further outlines the conditions for the first floor uses in the CBR as "primarily retail," which "shall enhance their immediate area" and that any existing nonconforming ground floor use "will require conversion of such use to a permitted use or a conditional use" with a Use Permit after being vacant for six months. In the past, the City has granted Use Permits for some non-retail uses, such as classrooms at Canada College and the UC Berkeley Extension program based on findings that these uses could generate evening foot � traffic in the downtown, and could thus directly support the retail vitality of downtown. History of the 2400 Broadway Building: A two-story brick building was constructed in 1985 at the comer of Broadway and Winslow Street (refer to Attachment #4, "2400 Broadway Timeline"). The Great Western Bank, with teller services, was the original ground floor occupant with office tenants on the second floor (including the Great Westem Bank loan center, which was established on the second floor in the late 1989). At that time, banks were permitted uses in the downtown. Significant efforts were made for the building design and use to have a retail presence on Broadway. The building design included special attention to pedestrian oriented details, such as the arched topped windows with lowered sills including integrated planter boxes, decorative fencing, and a chamfered corner at the street intersection to provide a significant entrance plaza. The windows were designed and spaced to create the appearance of retail storefronts. The interior lobby was open and the building and use presented a much more pedestrian oriented design than other banks in the downtown. In 1998, the Great Western Bank was replaced by the Washington Mutual Bank, which also provided teller services and maintained the open lobby. History of this Application: The Washington Mutual Bank occupied the ground floor of 2400 Broadway up until the merger of Washington Mutual with Home Savings in early 1999. With the closure of the Home Savings Bank immediately across Winslow Street, Washington Mutual chose to relocate to this building at 2300 Broadway instead of retaining their property at 2400 Broadway. The first floor of the 2400 Broadway building became vacant on April 28, 1999. Subsequently, the bank sold the property to a private developer in June 1999. During the time that the building was for sale, various members of City staff received calls about the building. Potential buyers were told that the building was designed for retail and that retail was required on the ground floor unless a retail bank moved back into the ground floor space within six months of Washington Mutual's vacating the space. The City's Economic Development Coordinator spoke with various potential purchasers about converting the site to a retail use. She also made efforts to attract retail uses to the site. The sale of the property became known to staff during the summer of 1999. Prior to the issuance of the Building Permits, the City's Economic Development Coordinator advised the property owner that Use Permits would be required for non-retail uses. In the fall of 1999, the applicant began a piecemeal approach to the permitting process. The work was spread out over three permits, which were processed at the Onestop Permit Center. The permits are as follows: