Rival Enterprises applied to the City for a Conditional Use Permit for a minor recreational facility on a site 1.68 acres in size in the I (Industrial) zoning district located at 1455 Deming Way. The applicant intends to operate a party room, play area and retail store for “NERF” related toys and accessories in a space of approximately 5,267 square feet.

The retail use is permitted by right in the I (Industrial) zoning district while recreational uses are permitted in the I (Industrial) zoning district if a Conditional Use Permit (CUP) is granted.  A CUP is a prerequisite to the establishment of certain uses in certain zoning districts, as specified in the Use Table in section 20.02.014 of the Sparks Municipal Code (SMC). The purpose of CUPs is to promote the public health, safety and general welfare by providing for special safeguards in the location and design of certain uses and safeguards in certain zoning districts, and by allowing for minor adjustments in the impact of some regulations of the planning and zoning code (SMC 20.05.08).

The Planning Commission considered Rival Enterprises’ request for a CUP on July 6, 2017 and, after conducting a public hearing, denied the request.  On July 10, 2017, the applicant appealed the Planning Commission’s decision to the City Council. Per SMC 20.05.13(e)1, the appeal should be scheduled for a public hearing at the next available regular meeting of the City Council.

Rival Enterprises’ letter appealing the Planning Commission’s decision, as well as the staff report prepared for the Planning Commission, are attached to this agenda item as Attachments A and B, respectively.  Attached as Attachment C is the Report of Action (not yet approved by the Planning Commission) for item PCN17-0030 from the July 6, 2017 Planning Commission meeting.

The Planning Commission denied the application for a CUP by a 3-2 vote (one Planning Commissioner was absent and there is currently one vacancy). The stated basis for the motion for denial was an inability to make two findings:

Finding C1 – the proposal, as submitted and conditioned, is in compliance with the Comprehensive Plan; and

Finding C2 – the application, as submitted and conditioned, is compatible with the existing or permitted uses of adjacent properties.

The Planning Commission expressed and discussed their concerns regarding whether the amount and location of off-street parking available to Rival Enterprises would prevent their clientele from parking on Deming Way and creating potential traffic and pedestrian safety conflicts with the large number of trucks used by neighboring businesses.

Staff had recommended approval of the CUP but recognizes the legitimacy of the Planning Commission’s concerns, particularly regarding whether the proposed conditions for approval of the CUP sufficiently mitigate potential conflicts and safety issues between the applicant’s prospective clientele and the trucks used by neighboring businesses.

In their letter appealing the Planning Commission’s decision, the applicant indicates they will provide ”additional documentation” for the City Council to consider. As the City Council’s consideration of the appeal is de novo, the City Council may utilize any or all of the information presented to the Planning Commission, whether by Staff or members of the public (see Planning Commission staff report and the Report of Action) without regard to the Planning Commission’s interpretation of the same in determining whether to affirm or reverse the decision of the Planning Commission. Alternatively, should the City Council determine that the additional information presented by the Applicant on appeal warrants reconsideration by the Planning Commission, the City Council may remand PCN17-0030 back to the Planning Commission, with City Council direction, for further consideration of the matter in light of any new information that is available.

1. Affirm the decision of the Planning Commission to deny the Conditional Use Permit.
2. Reverse the decision of the Planning Commission and approve the Conditional Use Permit.
3. Remand PCN17-0030 back to the Planning Commission for further consideration with City Council input.

The City Council's options for a motion include:

1. I move to affirm the decision of the Planning Commission's motion to deny the Conditional Use Permit request associated with PCN17-0030.

2. I move to reverse the decision of the Planning Commission and approve the Conditional Use permit request associated with PCN17-0030.

3. I move to remand PCN17-0030 back to the Planning Commission for further consideration with City Council input.