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RESOLUTION NO. PC 23-2024
A RESOLUTION OF THE FORT BRAGG PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 3-24 (DR 3-24), USE PERMIT 7-24 (UP 7-24), COASTAL DEVELOPMENT PERMIT 4-24 (CDP 4-24), AND SIGN PERMIT 12-24 (SP 12-24) TO CONSTRUCT A 2,400-SQUAREFOOT WAREHOUSE/WORKSHOP, AND ASSOCIATED ACCESS ROAD, SEWER AND WATER LINES, AND PARKING AT 331 JERE MELO ROAD.
WHEREAS, Noyo Center for Marine Science (“Applicant”), submitted an applicant for Design Review 3-24 (DR 3-24); Coastal Development Permit (CDP 8-24); Sign Permit (SP 12-24) for a 2,400 square foot La-bone-atory, and the associated access road, sewer and water lines and 7 parking spaces located on APN 018-430-15.
WHEREAS, Assessor Parcel Number 018-430-15-00 is in the Timber Resources Industrial (IT) zone in the Coastal Zone and a change to the site’s current zoning designation is required for the Project; and
WHEREAS, The issuance of these Planning Permits is conditioned on the Coastal Commission’s certification of LCP Amendment 1-24 which would change the Project’s site to Public Facilities zoning.
WHEREAS, the Project is subject to the Fort Bragg Coastal General Plan and Coastal Land Use and Development Code (CLUDC); and
WHEREAS, the Planning Commission held a public meeting on August 14, 2024, to consider the Project, accept public testimony and consider making a recommendation to City Council; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) pursuant to Categorically Exempt from CEQA under Section 15303 Class C (3) – New Small Commercial Structures of less than 2,500 SF including on-premise signs; and NOW, THEREFORE, BE IT RESOLVED that the City of Fort Bragg Planning Commission, based on the entirety of the record before it, which includes without limitation, CEQA, Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Fort Bragg Coastal General Plan; the Fort Bragg Coastal Land Use and Development Code; the Project applications; all site plans, and all reports and public testimony submitted as part of the Planning Commission meeting of March 27, 2024 and Planning Commission deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of Fort Bragg hereby find as follows, per the analysis incorporated herein by reference to the project staff report, dated August 14, 2024:
A.General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution;
2. The documents and other material constituting the record for these proceedings are located at the Community Development Department; Docusign Envelope ID: 0A6E4FE1-2DCE-4008-804A-98E90E4E9B54 CDP 4-24, DR 3-24, 8/14/2024 Page | 2
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3. The proposed 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 (CLUDC) and the Fort Bragg Municipal Code in general.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission makes the following required findings and determinations for Coastal Development Permit 4-24 to allow for construction of the La-bone-atory per analysis incorporated herein by reference to the project staff report, dated August 14, 2024.
1. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment.
2. The proposed use is consistent with the purposes of the zone in which the site is located.
3. The proposed development is in conformance with the City of Fort Bragg’s Coastal General Plan.
4. 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.
5. 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.
6. Supplemental findings for projects located within Environmentally Sensitive Habitat Areas:
a. The coastal tufted hairgrass meadow is not an ESHA and will not be significantly degraded by the proposed development; and b. There is no feasible less environmentally damaging alternative; and c. All feasible mitigation measures capable of reducing or eliminating project related impacts have been adopted.
7. There are no individual and cumulative burdens imposed on public access and recreation opportunities by the proposed project.
8. There is no necessity for requiring public access conditions for the project to be consistent with the public access provisions of the Coastal Act.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission makes the following supplemental findings per 17.71.045 (I2h) for projects located within Environmentally Sensitive Habitat Areas for Coastal Development Permit 4-24 to allow for construction of the La-bone-atory per analysis incorporated herein by reference to the project staff report, dated August 14, 2024
1. The resource as identified will not be significantly degraded by the proposed development; and
2. There is no feasible less environmentally damaging alternative; and
3. All feasible mitigation measures capable of reducing or eliminating project related impacts have been adopted.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Fort Bragg Planning Docusign Envelope ID: 0A6E4FE1-2DCE-4008-804A-98E90E4E9B54 CDP 4-24, DR 3-24, 8/14/2024 Page | 3
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Commission makes the following supplemental findings for projects located between the first public road and the sea for Coastal Development Permit 4-24 to allow for construction of the La-bone-atory per analysis incorporated herein by reference to the project staff report, dated August 14, 2024
1. Coastal access is provided by the adjacent 92-acre Coastal Trail, which was designed to accommodate upwards of 20,000 daily visitors. The trail currently provides coastal access for about 15,000 visitors/day on a busy summer holiday weekend. The proposed project will allow a limited number of scientists to engage in scientific study with by-appointment-only nature education opportunities for school groups and other groups. Total annual visitors to the La-bone-atory will not exceed 2,000 people per year or about 5 people per day. It will not result in usage rates that are greater than project design.
2. Public access is not feasible through the proposed project site to the Coastal Trail, because the adjacent eastern parcel (mill site) is vacant and fully fenced.
3. No public access is required for this project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission makes the following required findings and determinations for the Use Permit 7-24, per the project analysis incorporated herein by reference to the project staff report, dated August 14, 2024:
1. As conditioned, the proposed use is consistent with the General Plan, any applicable specific plan, and the Local Coastal Program;
2. As conditioned, the proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the type, density, and intensity of use being proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.
5. The proposed use complies with any findings required by Section 17.22.030 (Commercial District Land Uses and Permit Requirements).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission makes the following required findings and determinations for the Design Review Permit 3-24, per the project analysis incorporated herein by reference to the project staff report, dated August 14, 2024:
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1. Complies with the purpose and requirements of this Section (Design Review in the CLUDC)
2. Provides architectural design, building massing, and scale appropriate to and compatible with the site surroundings and the community.
3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.
4. Provides efficient and safe public access, circulation, and parking.
5. Provides appropriate open space and landscaping, including the use of water efficient landscaping.
6. Is consistent with the Coastal General Plan, and applicable specific plan, and the certified Local Coastal Program.
7. Complies and is consistent with the City’s Design Guidelines.
BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission does hereby approve Design Review 3-24 (DR 3-24); Coastal Development Permit (CDP 8-24); Sign Permit (SP 12-24) for a 2,400 square foot La-bone-atory, and the associated access road, sewer and water lines and 7 parking spaces, subject to the following standard and special conditions:
SPECIAL CONDITIONS
1. LCP Amendment Approval. The Coastal Development Permit for this project shall be issued only after final certification of LCP Amendment 1-24 by the Coastal Commission.
2. The applicant shall replace one of the regular parking spaces with an EV parking space on the site plan submitted with the building permit application.
3. Prior to issuance of a building permit the applicant shall resubmit the site plan with a landscaping plan that includes the following required features:
a. An eight-foot landscaping strip between the building and the parking lot and a 5-foot-wide strip of landscaping surrounding the project site which is at least 42 inches in height at maturity.
b. All landscaping shall be from local native plant or seed stock. c. At least three shore pines shall be planted on the lee side (east) of the building, two shall be planted on the south side of the building; and two shall be planted on the north side of the building. Each shore pine shall be protected either by earthen berms or other measures as necessary to ensure their successful adaptation to the high wind environment on the project site. The tree plantings shall be monitored for five years and any trees that do not survive shall be replaced during this five-year period. d. The backflow device shall be screened from view by native shrubs and vegetation.
e. All landscaping and irrigation shall comply with the requirements of the State of California Model Water Efficient Landscape Ordinance (MWELO).
4. The applicant shall submit a revised fence design to the which complies with the requirements of 17.31050 and 17.42.140. The alternative fence design shall be reviewed and approved by the Director of Community Development prior to Docusign Envelope ID: 0A6E4FE1-2DCE-4008-804A-98E90E4E9B54 CDP 4-24, DR 3-24, 8/14/2024 Page | 5
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issuance of the building permit.
5. Utility Connections.
a. The Applicant is responsible for installing all required offsite improvements for sewer and water connections. In addition, the Applicant shall restore any portion of the coastal trail and Jere Melo Drive that are disturbed for the installation of new utilities. If the installation of underground utilities requires the applicant to disrupt access on the Coastal Trail, the applicant shall install: details of when coastal access will be temporarily disrupted shall install temporary A-frame signage that: 1) notifies users at least two weeks in advance of the planned detour and construction; and 2) warning and detour signage and protective fencing during utility installation. The applicant shall keep the trail open as much as possible by placing a steal panel over the utility ditch. Every effort will be made to reduce impacts to public access to as short a time as possible in coordinate with the Public Works Department. Public access shall not be disrupted for more than five business days in total.
b. The location of utility connections within Jere Melo Road shall be coordinated with public works staff and shown on the site plan submitted with the building permit application.
c. Public Works anticipates that the applicant shall connect to the Sewer and Water lines located near the entrance to the Wastewater Treatment Facility or at the connections near the Wastewater treatment lab or the public bathroom on the trail. The applicant may need to install a force main to connect to one of these connections.
d. A Public Utility (or similar) Easement shall be recorded for the private utility lines within the public right of way.
e. Because the WWTF water line is limited in capacity, any future development by the applicant (or others) in the area will require installation of a new water main at their cost with corresponding public utility easement and City dedication. At the time of water main install, the existing water connection for the La-Bone-Atory project will need to be removed, and a new connection to the new water main will be required.
f. An approved backflow device is required for all water connections. Please contact Heath Daniels at 707-813-8031 for more information. g. Applicant shall pay connection fees (which vary depending on desired connection and meter sizes) based on the cost to the City to make the connections. The applicant shall specify what size of connections will be needed for this project, including any fire connection for sprinklering purposes. Please notify the Public Works Department as soon as possible once the desired connection size(s) has/have been determined. h. The applicant shall contact Underground Service Alert (USA), Dial 811 or 1-800-227-2600, at least 48hrs prior to construction.
6. Encroachment Permit. The applicant shall apply for an encroachment permit for any activity occurring in the public right of way during construction. This includes the installation of sewer and water lines, placement of dumpster, construction Docusign Envelope ID: 0A6E4FE1-2DCE-4008-804A-98E90E4E9B54 CDP 4-24, DR 3-24, 8/14/2024 Page | 6
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vehicles not parked in conformance with parking codes, and installation of any frontage improvements. Please submit the relevant encroachment permit application 2 weeks prior to anticipated construction date(s) to allow adequate time for processing.
7. Impact Fees. The applicant shall pay all required Impact Fees prior to final of the Building Permit, which are estimated as follows: (actual fees to be calculated at time of building permit submittal based on final proposed use):
a. Water – 2,240 SF increase in garage/workshop space is $1,983.86. b. Sewer – 2,240 SF increase in garage/workshop space is $1,537.73. c. Drainage – 11,064 SF increase in impervious surface is $8,187.36 d. Police Facilities – 2,240 SF of Industrial Space is $1,752.04 e. Fire Facilities – 2,240 SF of Industrial Space is $413.26
8. The Applicant shall contact Sherwood Valley Band of Pomo three weeks prior to the start of excavation to schedule a tribal monitor. The Tribal Monitor will remain on site during excavation until they determine that disturbance of cultural resources is unlikely.
9. If archaeological remains are discovered during project construction, the following actions shall be taken; 1) the construction contractor shall cease and desist from any further excavation or disturbance of the soil within 25 feet of the discovery; 2) the project manager shall notify the Fort Bragg Community Development Department within 24 hours of the discovery; and 3) the City shall notify the Sherwood Valley Band of Pomo Cultural Resources Officer and retain a professional archaeologist to determine appropriate actions in consultation with stakeholders including the Coastal Commission.
10.The applicant shall install a small plaque on the La-bone-atory near the building entrance which includes the following language: “This is the unceded traditional territory of the coastal Pomo (indigenous) People past and present. Honoring of the land itself by stewardship has and does happen throughout the generations.
This land acknowledgement encompasses us all to continue to learn how to be better stewards of the land.”
11.Storm water runoff shall be minimized by incorporation of Low Impact Development (LID) strategies that minimize impermeable areas, maximize permeable areas, and that slow, spread, and sink runoff so as to recharge groundwater and minimize runoff. Runoff that is expected shall be collected at vegetative swales or bio retention facilities and overflow finally conveyed by a storm drain system approved by the City Engineer.
12.Treatment Control BMPs shall be sized and designed to retain and infiltrate runoff produced by all storms up to and including the 85th percentile (.83” in 24-hours).
13.Because this project proposes to replace >5,000 SF of impervious surface, it’s defined as a “regulated project”, and installation of LID features in compliance with regulations outlined in the County of Mendocino Low Impact Development Standards Manual (LID Manual) will be required. The manual is at:
https://www.mendocinocounty.org/home/showpublisheddocument/43360/63758 3284035530000
14.The site plan currently shows a bioretention area, but the feature has yet to be Docusign Envelope ID: 0A6E4FE1-2DCE-4008-804A-98E90E4E9B54 CDP 4-24, DR 3-24, 8/14/2024 Page | 7
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designed. The feature must be sized based on the total area of impervious surface being created by this project. Completed design in accordance with the LID manual must be submitted at the time of building permit submittal. In order to comply with Low Impact Development requirements, the new parking lot must be sloped toward the bioretention area. The downspouts of the new workshop shall also direct stormwater to the bioretention area.
15.Applicant must follow instructions in Part C of the Lid Manual. Applicant to complete and provide to the City the appropriate Site Design Measure Sheet(s) from the Appendices of the Mendocino County LID Manual.
16.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.
17.To eliminate storm water runoff from the access road getting into wetland SW-2 and Wetland SW-1, the applicant shall resubmit a site plan and grading plan, for approval by the City of Fort Bragg in consultation with the Water Board, which achieves the following; 1) reposition the road on the old gravel road so that it is located as far as feasible from each wetland; 2) slope the road so that stormwater does not enter either wetlands; 3) design bioswales to infiltrate stormwater from the road on site ; 4) insure hydrologic discontinuity between the bioswales and the season wetlands. The site plan and grading plan shall be approved prior to issuance of the Building Permit. If the applicant is unable to design a system which ensures that road runoff and fugitive dust from the road do not enter the wetland, the applicant must obtain a 401-wetland permit from the Water Board.
18.The applicant shall install symbolic fencing (such as the log barriers that are located throughout the Coastal Trail) at the edge of the access road on both sides that is placed the furthest extent feasible from the seasonal wetlands to prevent additional encroachment into the ESHA. Install signage that identifies the area as an environmentally sensitive habitat area to promote education of native species and habitats
19.The Applicant shall engage in target the removal of non-native invasive species for a period of five years.
20.The applicant shall prepare a Soil Management Plan for review and approval by DTSC prior to undertaking any grading activities on site. The Soils Management Plan shall be implemented during ground disturbing activities.
21.The applicant shall submit a new site plan with a pedestrian access (trail or sidewalk) from Jere Melo Drive to the La-BONE-atory as part of the building permit application.
22.The applicant shall submit revised elevations that include an awning and small “entrance” sign adjacent to the entrance door for the building as part of the Building Permit application.
23.The Monument Sign shall be limited to 42 inches in height, and the sign permit copy for the Monument Sign shall be reviewed by the Community Development Director.
STANDARD CONDITIONS
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1. This action shall become final on the 11th day following the City Council decision.
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 proposed 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 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).
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.
The above and foregoing Resolution was introduced by Commissioner Jensen, seconded by Commissioner Neils, and passed and adopted at a regular Docusign Envelope ID: 0A6E4FE1-2DCE-4008-804A-98E90E4E9B54 CDP 4-24, DR 3-24, 8/14/2024 Page | 9
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meeting of the Planning Commission of the City of Fort Bragg held on the 14th day of August 2024, by the following vote:
AYES: Turner, Neils, Stavely, Jensen, Deitz
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Scott Deitz, Chair
ATTEST:
Maria Flynn, Administrative Assistant
Docusign Envelope ID: 0A6E4FE1-2DCE-4008-804A-98E90E4E9B54