- 1 -
RESOLUTION NO. -2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT
BRAGG, CALIFORNIA APPROVING COASTAL DEVELOPMENT
PERMIT 2-22 (CDP 2-22), DESIGN REVIEW 7-22 (DR
7-22); PARCEL MERGER 1-2022 (MGR 1-22) FOR THE GROCERY
OUTLET AT 825 845, 851 SOUTH FRANKLIN STREET
WHEREAS, Best Development (“Applicant”), submitted an applicant for a Coastal Development Permit (CDP 2-22), Design Review (DR 7-22); and Parcel Merger (MGR 1-22) to construct a Grocery Outlet Market (“Project” or “retail store”). The Project includes the demolition of an existing 16,436 SF vacant former office building and associated 47-space parking lot and wooden fencing along the property line, and the construction and operation of a 16,157 SF, one-story, retail store with a 54-space parking lot (as conditioned) and associated improvements and infrastructure located at 825, 845, and 851 South Franklin Street (the “Property”); and WHEREAS, 825 845, 851 South Franklin Street, Fort Bragg, California (Assessor Parcel Numbers: 018-120-49, 018-120-48, 018-120-47) are in the Highway Visitor Commercial (CH) zone, Coastal Zone and no changes to the site’s current zoning designation are proposed under the Project; and
WHEREAS, the Project is subject to the Fort Bragg Coastal General Plan and Coastal Land Use and Development Code (CLUDC); and
WHEREAS, on May 10, 2023 the Planning Commission held a duly noticed public hearing to consider the Project and the related CEQA items at which time it considered all of the testimony presented as well as written testimony that had been timely submitted; and
WHEREAS, after the close of the public hearing the Planning Commission adopted a resolution recommending that the City Council certify the EIR, adopt the required CEQA findings, and adopt the Mitigation and Monitoring Program, as well as recommended that the City Council approve the Project; and
WHEREAS, on June 5, 2023, at a specially scheduled meeting, the City Council held a duly noticed public hearing on the Project and considered all information related to the EIR, including the Draft and Final EIR, all reports and attachments prepared or presented by City staff, pertinent documents provided during previous public meetings, all oral and written testimony and the full record of proceedings on the Project; and WHEREAS, prior to adopting this Resolution the City Council adopted a resolution certifying the Environmental Impact Report for the Best Development Grocery Outlet, adopting the required CEQA findings, and adopting a mitigation monitoring and reporting program;
- 2 -
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORT BRAGG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. General Findings.
A. The foregoing recitals are true and correct and made a part of this Resolution.
B. The Project is consistent with the purpose and intent of the zoning district, as well as all other provisions of the Coastal General Plan, Coastal Land Use and Development Code (ILUDC) and the Fort Bragg Municipal Code in general.
SECTION 2. Coastal Development Permit Findings
The City Council hereby approves CDP 2-22 and in doing so, makes the following findings in accordance with Section 17.71.045.I of the Coast Land Use and Development Code (CLUDC):
A. The Project, as modified by the conditions of approval, is in conformity with the City of Fort Bragg’s certified Local Coastal Program and will not adversely affect coastal resources.
Analysis: Policies of the Coastal General Plan and applicable provisions of the Coastal Land Use Development Code (CLUDC) and Fort Bragg Municipal Code in general, per analysis incorporated herein by reference to the project staff report, dated June 5, 2023.
B. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment.
Analysis: The environmental impacts of the Project have been analyzed through an Environmental Impact Report and all mitigation measures have been incorporated into the project through the adoption of Special Condition 18.
C. The proposed use is consistent with the purposes of the zone in which the site is located.
Analysis: The Project is a permitted use by right in the Highway Commercial zoning district.
D. The proposed development is in conformance with the City of Fort Bragg’s Coastal General Plan.
Analysis: The Project, as conditioned, is consistent with the relevant policies of the Coastal General Plan and applicable provisions of the Coastal Land Use Development Code (CLUDC) and Fort Bragg Municipal Code in general, per analysis incorporated herein by reference to the project staff report, dated June 5, 2023.
- 3 -
E. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
Analysis: The Project, as conditioned, would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, per analysis incorporated herein by reference to the project staff report, dated June 5, 2023.
F. Services, including but not limited to, water supply, sewage disposal, solid waste, and public roadway capacity have been considered and are adequate to serve the proposed development.
Analysis: The Project, as conditioned, would be adequately served by water supply, sewer supply, solid waste disposal, and roadway capacity per the analysis incorporated herein by reference to the project staff report, dated June 5, 2023 and the project EIR.
G. The Project is not located between the first public road and the sea, the Project does not involve any geologic, floor or fire hazards, and the Project is not located within an Environmentally Sensitive Habitat Area.
SECTION 3. Design Review Permit - General Findings
The City Council hereby approves DRP 2-22 and in doing so, makes the following findings in accordance with Section 17.71.050.E and F of the Coast Land Use and Development Code (CLUDC). These findings are substantiated by the project staff report dated June 5, 2023, including the attachments thereto, and the EIR, which are incorporated herein by reference. The City Council hereby finds that the Project:
A. Complies with the purpose and requirements of this Section (Design Review in the CLUDC).
B. Provides architectural design, building massing, and scale appropriate to and compatible with the site surroundings and the community.
C. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.
D. Provides efficient and safe public access, circulation, and parking.
E. Provides appropriate open space and landscaping, including the use of water efficient landscaping.
F. Is consistent with the Coastal General Plan, and applicable specific plan, and the certified Local Coastal Program.
G. Complies and is consistent with the City’s Design Guidelines.
SECTION 4. Design Review Permit – Signage Findings
- 4 -
Section 17.71.050b.iv provides that any signage included with plans for a project is to be approved as part of the Design Review. Accordingly, the City Council hereby approves the signage for the Project as part of the Design Review and in doing so, makes the following findings set forth below in accordance with Section 17.38.030.D of the Coast Land Use and Development Code (CLUDC). These findings are based on the analysis contained in the project staff report dated June 5, 2023 and the Sign Plan which can be found as Attachment 3 to the staff report which are incorporated herein by reference. The City Council hereby finds that as conditioned by special conditions 30 - 32:
A. The proposed signs do not exceed the standards of Sections 17.38.070 (Zoning District Sign Standards) and 17.38.080 (Standards for Specific Sign Types), and are of the minimum size and height necessary to enable pedestrians and motorists to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site.
B. That the placement of the sign on the site is appropriate for the height and area of a freestanding or projecting sign.
C. That a flush or projecting sign relates to the architectural design of the structure.
Signs that cover windows, or that spill over natural boundaries, and/or cover architectural features shall be discouraged.
D. The proposed signs do not unreasonably block the sight lines of existing signs on adjacent properties.
E. The placement and size of the sign will not impair pedestrian or vehicular safety.
F. The design, height, location, and size of the signs are visually complementary and compatible with the scale, and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street; and G. The proposed signs are in substantial conformance with the design criteria in Subsection 17.38.060.F (Design criteria for signs).
SECTION 5. Parcel Merger
The City Council hereby approves Parcel Merger 1-22 to merge the three lots.
The City Council finds that this merger is necessary to comply with CLUDC section
17.36.090A.2 which requires non-residential parking to be located on the same parcel as the uses served or within 300 feet of the parcel if the parking is shared or public parking facilities are used. As the parking is private, a parcel merger is necessary to eliminate the parcel lines between the three properties so that the parking may all be on one lot. Special condition 32 requires the parcel merger to take place prior to issuance of a building permit.
SECTION 6. Conditions
Each and every one of the approvals set forth in Sections 2 through 5 above for Coastal Development Permit 2-22 (CDP 2-22), Design Review Permit 7-22 (DR 7-22) including the signage, and Parcel Merger 1-22 (MGR 1-22) to construct a Grocery Outlet Market (retail store) ar e subject to the following standard and special conditions:
- 5 -
SPECIAL CONDITIONS
Special Condition 1a: The Applicant shall resubmit the landscaping and parking plans for Community Development Director approval. The revised parking and landscaping plan shall eliminate the excess RV parking space, and to the degree feasible replace a portion of it with landscaping.
Special Condition 1b: The Applicant shall resubmit the landscaping and parking plans for Community Development Director approval. The revised parking and landscaping plan shall:
Comply with the required Landscaping Setback of 15 feet for parking lots by modifying the parking lot to ensure adequate setback for the two parking spaces on the southwest corner of the lot. (Section 17.34.050C4a):
Contain drought tolerant native species;
Preserve the existing Monterey Cypress Trees and the Shore Pine on site, as feasible, and replace the proposed 24 Monterey Cypress Trees in the Landscaping Plan with a locally native tree species.
Comply with the California Model Water Efficient Landscape Ordinance (MWELO). Include the placement of the backflow devise, which shall be fully screened from view by landscaping shrubs.
Special Condition 2: The applicant shall construct new sidewalk along parcel boundaries with South Street, S. Franklin Street, and N. Harbor Drive frontages, as required by City standards prior to final of the Building Permit.
Special Condition 3: Prior to final of the Building Permit, a “Fair-Share Deferment” agreement shall be entered into by the Applicant with Caltrans to fund future traffic improvements as required by cumulative development. The agreement shall be in the form published by Caltrans in the Local Development Intergovernmental Review Program – Traffic Mitigation Agreements. Furthermore, the amount of fair share payment has been determined to be $144,900 based on the traffic study and the Caltrans cost estimate. The “Fair-Share Deferment” agreement shall be executed, and $144,900 in funds shall be deposited with TRAMS - a fund program of Caltrans - prior to issuance of the Building Permit. The check shall be submitted per the procedure outlined in the document entitled Local Development Intergovernmental Review Program – Traffic Mitigation Agreements.
Special Condition 4: The Applicant shall obtain an encroachment permit from Caltrans and the City of Fort Bragg and install signage, stripe and paint to create a right-handturn only lane at the western approach of N. Harbor Drive to the intersection of N. Harbor Drive and S. Main Street. If through a traffic/safety study completed within two years of Project’s final on the Building Permit, the City determines that the left turn lane from N Harbor Drive onto Highway 1 needs to be modified, the Applicant shall pay its pro-rata share of the cost to modify this intersection per Caltrans specs.
Special Condition 5: Prior to issuance of the grading permit, the applicant shall submit for approval by the Public Works Director, the stormwater calculations for the stormwater plan, including a Water Quality Management Plan and including how the proposed structural treatments minimize construction impacts to water quality, maximize infiltration of runoff, and reduce parking lot runoff pollution.
- 6 -
Special Condition 6: Prior to issuance of the Building Permit the applicant shall provide an analysis that documents the sufficiency of existing stormwater infrastructure or provide an engineer reviewed design of a new proposed drainage conveyance system for approval by the Public Works Director. If upgrades to infrastructure are required, this shall be completed by the developer and dedicated to the City.
Special Condition 7: The applicant shall install offsite drainage improvements as needed to ensure that stormwater flows from the project will be effectively transported to the nearest drainage facilities, located on Main Street/Highway 1. This may include surface transportation facilities such as gutters, where absent, or subsurface transportation via pipe if there is insufficient surface capacity.
Special Condition 8: A Maintenance and Operations agreement for ongoing maintenance of the bioretention features installed with this project shall be submitted to the City for review and approval and shall be recorded with the County Recorder’s office to ensure that the bioretention features are maintained and remain effective.
Recordation of the Maintenance Agreement shall be completed prior to Certificate of Occupancy.
Special Condition 9: An engineered grading plan shall be provided, per Municipal Code Section 17.60.030, and a separate grading permit will be required for the site work. The final grading plan can be submitted at the time of Building Permit application.
Special Condition 10: Prior to issuance of the Building Permit the applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP) to the State Water Board to obtain a Construction General Permit. A Runoff Mitigation Plan (RMP) is required by the City to demonstrate the project meets the requirements established by local, state and federal regulations. The City’s RMP requirement can be fulfilled by a SWPPP instead.
If using a SWPPP to fulfill the RMP, a draft version shall be submitted to the City to ensure the project is in compliance prior to filing for a Notice of Intent (NOI) with the state.
Special Condition 11: All work shall be done in compliance with all conditions required by Article 6, Chapters 17.60 through 17.64, of the Coastal Land Use and Development Code relating to grading, erosion and sediment control, and stormwater runoff pollution control. If construction is to be conducted between October and April (the rainy season), approval from the Public Works Department and additional construction BMP’s will be required.
Special Condition 12: Markers or stenciling shall be required for all storm drain inlets constructed or modified by development, to discourage dumping and other illicit discharges into the storm drain system.
Special Condition 13: In order to minimize dust and keep dust from leaving the project site, a dust prevention and control plan shall be submitted for approval by the City Engineer in conjunction with the grading plan. The dust prevention and control plan shall demonstrate that the discharge of dust from site demolition and construction will not occur, or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall include the following information and provisions:
• If the importing or exporting of dirt is necessary, the plan shall include the - 7 -
procedures necessary to keep the public streets and private properties along the haul route free of dirt, dust, and other debris.
• Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dustgenerating activity (e.g., construction, paving or planting) will occur as soon as possible.
• Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed.
• All earthmoving activities shall cease when sustained winds exceed 15 miles per hour.
• The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours. • Graded areas that are not immediately paved shall be revegetated as soon as possible to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained.
Special Condition 14: The applicant is required to pay its fair share of the system infrastructure and future capital improvements through the Drainage fees, Water Capacity Charges and Wastewater Capacity Charges. All associated capacity charges and fees shall be paid prior to the issuance of the first building permit.
Special Condition 15: Should the existing project require new or increased capacity water/sewer connections, fees will be required. New or increased capacity sewer connections shall include cleanouts and new or increased capacity water connection(s) shall have backflow device(s). All associated connection fees shall be paid prior to the issuance of the first building permit.
Special Condition 16: Frontage improvements are required on North Harbor Drive, and the southerly portion of South Franklin that is not improved. Public improvements shall be designed by a licensed Civil Engineer, and include pavement as needed for road widening, curb, gutter and sidewalk, per City of Fort Bragg Construction Standards.
The designs for all frontage improvements shall be submitted to the City with the Building Permit application for approval by the Director of Public Works and all improvements shall be installed prior to final of the building permit.
Special Condition 17: The Applicant shall ensure adequate pressure and flow to the subject site to provide necessary commercial and fire suppression flows. The Applicant shall provide documentation that water pressures can be achieved or that they have a means (via pressure pump, tank, etc.) for enhancing their system to meet standards. Documentation shall be submitted prior to issuance of Building Permit.
Special Condition 18: The applicant shall implement all Mitigation Measures in the Final EIR and the Mitigation Monitoring and Reporting Plan for the Project as certified by City Council.
Optional Special Condition 19: The applicant shall allow two-hour parking for people wishing to access Noyo Harbor via the Harborlite Lodge stairway. - 8 -
Optional Special Condition 20: The building permit application plans shall include solar panels on the roof, which shall be installed prior to the final of the building permit.
Optional Special Condition 21: Two benches shall be installed in the landscaped area parallel to and adjacent to the sidewalk along South Franklin Street.
Optional Special Condition 22: The applicant shall submit a revised design that includes additional detailing in the parapets for consideration and approval by the Community Development Director.
Optional Special Condition 23: The windows on the south side of the building may be obscured with murals or other films or coverings so long as they don’t limit passive solar gain. Additionally, such coverings shall not conflict with limitations placed on window signage in Chapter 17.38 Signs.
Optional Special Condition 24: The applicant shall replace/cover all smooth surface CMU block on the east and north elevation of the building with one of the otherhigher-grade materials which are already proposed for the South and West facade of the building.
Optional Special Condition 25: The applicant shall replace/cover all CMU block on the west face of the building with hardiboard composite wood paneling.
Special Condition 26: The Building Permit plans shall illustrate parking lot lighting standards that are not taller than 16 feet in height.
Special Condition 27: Prior to approval of the Building Permit application, the applicant shall provide an elevation of the new fencing/sound wall from both the east and west perspective. Further the Community Development Director shall ensure conformance with the Design Guidelines related to fencing.
Special Condition 28: The Building Permit application shall include an exit gate by the loading dock to facilitate emergency egress out of the loading area.
Special Condition 29: The applicant shall install a Pick-up/ Drop-off Sign on Franklin Street adjacent to the Entryway. This area will include at least two spaces that are painted for 10-minute pick up and drop off.
Special Condition 30. Prior to approval of the Building Permit the applicant shall submit a revised sign plan that includes no more than 100 SF of signage, and the monument sign shall include the required site address, and substantially replicate the proposed sign design and locations, for approval by the Community Development Director.
Special Condition 31: Prior to issuance of the Building Permit, the applicant shall submit a revised sign site plan, to be approved by the Community Development Director. The revised sign plan must illustrate that the monument sign is 20 feet back from the edge of the sidewalk in every direction (due to curved sidewalk situation) and is perpendicular to the street at its placement.
Special Condition 32: Prior to issuance of the Building Permit, the applicant shall record a deed and parcel map, eliminating the lot lines between parcels 018-120-49 and 018- 120-48 and 018-120-47. All property taxes due shall be paid prior to recordation, as evidenced by a preliminary title report submitted to the satisfaction of the Community Development Director.
- 9 -
Special Condition 33: The Applicant shall pay its fair-share for the installation of either an all-way stop or pedestrian triggered flashing lights, as recommended by a traffic engineer, at the intersection of South Franklin St. and South St., including signage, striping, and pedestrian facilities (sidewalk, curb, and gutter) to provide crossing at all legs of the intersection. The proposed intersection improvement would require the installation of sidewalk curb and gutter to City Standard Specifications for a total length of 57 linear feet along the east side of South Franklin St. as well as a curb return to provide sufficient pedestrian landing facilities on the south-east corner of the intersection.
Special Condition 34: The Grocery Outlet truck loading dock will not be operated nor accept deliveries between the hours of 9:00pm and 7:00am.
Special Condition 35: Prior to issuance of the Building Permit the applicant shall submit a site plan that illustrates a generator or battery backup, for approval by the Community Development Director.
Special Condition 36: Prior to issuance of the Building Permit the applicant shall submit a site plan that illustrates a cross walk from the parking area to the entrance of the Grocery Outlet.
Standard Conditions
1. This action shall become final on the 11th working day following the City Council decision to allow time for a timely appeal to the Coastal Commission in conformance with 17.76.020.
2. The use and occupancy of the premises shall be established and maintained in conformance with the requirements of this permit and all applicable provisions of the CLUDC.
3. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and compliance therewith is mandatory, unless an amendment has been approved by the City.
4. This permit shall be subject to the securing of all necessary permits for the proposed development from City, County, State, and Federal agencies having jurisdiction. All plans submitted with the required permit applications shall be consistent with this approval. All construction shall be consistent with all Building, Fire, and Health code considerations as well as other applicable agency codes.
5. The applicant shall secure all required building permits for the Project as required by the Mendocino County Building Department.
6. If any person excavating or otherwise disturbing the earth discovers any archaeological site during project construction, the following actions shall be taken: 1) cease and desist from all further excavation and disturbances within 25 feet of the discovery; 2) notify the Fort Bragg Community Development Department within 24 hours of the discovery; and 3) retain a professional archaeologist to determine - 10 -
appropriate action in consultation with stakeholders such as Native American groups that have ties to the area.
7. This permit shall be subject to revocation or modification upon a finding of any one or more of the following:
(a) That such permit was obtained or extended by fraud. (b) That one or more of the conditions upon which such permit was granted have been violated.
(c) That the use for which the permit was granted is so conducted as to be detrimental to the public health, welfare, or safety or as to be a nuisance. (d) A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operation of one or more conditions.
8. Unless a condition of approval or other provision of the Coastal Land Use and Development Code establishes a different time limit, any permit or approval not exercised within 24 months of approval shall expire and become void, except where an extension of time is approved in compliance with CLUDC Subsection 17.76.070(B).
SECTION 7. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.
SECTION 8. Summaries of Information. All summaries of information in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 9. Custodian of Record. The documents and materials that constitute the record of proceedings on which these findings and approval are based are located in the City of Fort Bragg Community Development Department at City Hall. The Custodian of Records is the City Clerk who can be reached at 707-961-2823 or [email protected].
The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and
adopted at a regular meeting of the City Council of the City of Fort Bragg held on the 5th day of June 2023, by the following vote:
AYES: NOES: ABSENT: ABSTAIN: RECUSE:
Bernie Norvell
Mayor
- 11 -
ATTEST:
Cristal Munoz
Acting City Clerk