Laboneatory Staff Report Final 9-2024 — Fort Bragg City Council, September 9, 2024

AGENCY: City Council MEETING DATE: Sept 9, 2024 PREPARED BY: MJC PRESENTED BY: Marie Jones AGENCY: City Council MEETING DATE: Sept 9, 2024 PREPARED BY: MJC PRESENTED BY: Marie Jones AGENCY: City Council
MEETING DATE: Sept 9, 2024 PREPARED BY: MJC
PRESENTED BY: Marie Jones
AGENCY: City Council
MEETING DATE: Sept 9, 2024 PREPARED BY: MJC
PRESENTED BY: Marie Jones

AGENDA ITEM SUMMARY REPORT
APPLICATION NO.: LCP Amendment 1-24 (LCP 1-24), Design Review 3-24 (DR 3-24); Coastal Development Permit (CDP 8-24); Use Permit 7-24 (UP 7-24) Sign Permit (SP 12-24).

APPLICANT/AGENT: Sheila Siemens
OWNERS: Noyo Center, Noyo Center for Marine Science
Fort Bragg Coastal Trail, City of Fort Bragg
Pomo Parcels, Sherwood Valley Band of Pomo (SVBP)
REQUEST: This is a two-part request. 1) an LCP amendment is requested to change two maps of the Coastal General Plan and to change the zoning in the zoning map for parcels owned by the City, SVBP and the Noyo Center; and 2) a Coastal Development Permit, Use Permit, Design Review Permit and Sign Permit to entitle a 2,400 SF La-bone-atory, and the associated access road, sewer and water lines and parking spaces, once the LCP amendment is approved by the Coastal Commission.

LOCATION: Noyo Center: 331 Jere Melo Street
Coastal Trail: 300 W Elm St, 321 Jere Melo St, 331 Jere Melo St, 654 Cypress St, 90 W Redwood Ave, 955 Main St SVBP: 130 - 140 Noyo Point Road
All properties are in the Coastal Zone.

ASSESSOR’S PARCEL NO.: Noyo Center - 018-430-15
Coastal Trail - 018-430-01, 018-430-18, 018-430-15, 018-430-04, 008-020-14, 008-020-10, 008-020-11, 008-010-35, 008-010-38, 018-430-10 Sherwood Valley Band of Pomo 018-430-07, 018-430-07-71, 018-430-07-72, 018-430-07-73, 018-120-44 SIZE: Noyo Center - 11.6 acres
Coastal Trail – 104 acres
Sherwood Valley Band of Pomo – 5.3 acres

ENVIRONMENTAL
DETERMINATIONS: Categorically Exempt from CEQA under Section 15303 Class C (3) – New Small Commercial Structures of less than 2,500 SF including on-premise signs.

Categorically Exempt from CEQA under Section CEQA Guidelines§ 15265 (c)) "activities and approvals by a local government necessary for the preparation and adoption of a local coastal program or long-range development plan" pursuant to the California Coastal Act are statutorily exempt from compliance with CEQA. This statutory exemption "shifts the burden of CEQA compliance from the local agency to the California Coastal Commission.” SURROUNDING NORTH: Fort Bragg Wastewater Treatment Facility LAND USES: EAST: Vacant, open space
SOUTH: Vacant, Fort Bragg Coastal Trail
WEST: Fort Bragg Coastal Trail, Pacific Ocean
APPEALABLE PROJECT: Can be appealed to City Council
Can be appealed to the Coastal Commission

RECOMMENDED ACTION
Receive report, hold a public hearing, deliberate and adopt:

Resolution Submitting a Local Coastal Plan Amendment Application (LCP 1-24) to the Coastal Commission to:

Amend Map LU-4 of the Coastal General Plan To add a Third Plan Area; and Amend Table 2-10 of the CLUDC to Allow a Science Center With a Use Permit in the Public Facilities Zoning District; and Amend the General Plan Land Use Map and the Zoning Map to: i) Rezone the Noyo Center Parcel to Public Facilities Zoning District, and ii) Rezone the Coastal Trail Parcels to Parks & Recreation Zoning District and iii) Rezone the Sherwood Valley Band of Pomo (SVBP) Parcels as Low or Medium Density Residential zoning.

Resolution Approving 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-Square-Foot Warehouse/Workshop, and Associated Access Road, Sewer and Water Lines, and Parking at 331 Jere Melo Road.

ALTERNATIVE ACTIONS
Receive report, hold a public hearing, deliberate and provide direction to prepare a resolution for denial.

Receive report, hold a public hearing, continue the public hearing and request additional information.

Planning Commission Recommendation.

On August 14, 2024 the Planning Commission held a public hearing, deliberated and adopted resolutions recommending that the City Council: 1) approve the Planning Permits for the Noyo Center’s La-bone-atory and 2) submit an LCP amendment to the Coastal Commission to rezone properties of Noyo Center, Sherwood Valley Band of Pomo and the Fort Bragg Coastal Trail.

If the City Council chooses to approve the planning permit for the La-bone-atory they will become effective only if, and when, the Coastal Commission certifies the LCP amendment. As noted above, this project includes two separate actions, which must be taken together by the highest review authority (City Council) to avoid segmentation under CEQA.

For ease of comprehension, this report first provides the background and analysis for the LCP Amendment and then background and analysis for the planning permits for the La-bone-atory.

1. LCP AMENDMENT
LCP Amendment Background
In 2008, the City completed a comprehensive LCP amendment that required a Specific Plan to rezone the Mill Site. At that time, the City was already working on the Coastal Trail project and had completed considerable planning to accommodate the Noyo Center.

From 2007 until 2012, the City of Fort Bragg, the community, and Georgia Pacific engaged in a collaborative process to prepare a specific plan for the rezoning and eventual redevelopment of the Mill Site (see Attachment 5). A preliminary draft of the specific plan was produced in January 2012, but the process abruptly stopped in the Fall of 2012 when Georgia Pacific withdrew their specific plan application and ceased funding the planning process due to a three party lawsuit between Georgia-Pacific, Office Max and the City of Fort Bragg regarding the liability for remediation of the Mill Site. At the time the Specific Plan was withdrawn, Georgia-Pacific’s consultant team, working with input from City staff, had engaged in extensive public outreach, and prepared a draft land use map (Attachment 5), draft policies and regulations for the specific plan, draft revised citywide design guidelines, a draft master tentative map, a draft utility master plan, and numerous resource and background studies for EIR including a botanical survey, a wetland delineation, a traffic study, an archaeology report, and a geotechnical study among other studies. However, GP’s consultant had not completed a draft financing plan, infrastructure plan, or EIR for the specific plan. Additionally, the Coastal Commission, during their briefing on the project, provided input to City staff suggesting the need for changes to the draft plan, including reductions in the area and amount of allowable development.

In 2017, the City initiated a new comprehensive planning process for the site. The Planning Commission and City Council held a joint workshop on February 6, 2017, and agreed on a two-step process for restarting the planning process for reuse of the Mill Site. The first step was to (1) process an LCP amendment to change the requirement that a specific plan be prepared to amend the land use designations and zoning districts on the Mill Site and instead require a comprehensive planning process (see discussion below). The second step was to undertake and complete a comprehensive community-based planning process to develop a major LCP amendment to redesignate and rezone the Mill Site and adopt associated policy changes to the Coastal General Plan and regulatory changes to the Coastal land Use and Development Code. The City was awarded a Community Development Block Grant from the California Housing and Community Development Department in the amount of $50,000, a Coastal Commission grant of $100,000, and a Mendocino County of Governments grant of $48,000 to help fund the Mill Site comprehensive planning process. The City completed about 80% of this comprehensive planning process, including submittal of the proposed Land Use Plan and changes to policies and regulations in the LCP to Coastal Commission staff for comment. This comprehensive planning process included numerous community meetings, Planning Commission meetings and City Council meetings to craft and draft the Land Use Plan (Attachment 5), policies and regulations for the redevelopment of the Mill Site. A new City Manager was hired in 2018, who decided to shelve the project in mid-2019. The Community Development Director, who has taken the lead on this project for 13 years left the organization. No substantive progress has been made on the Mill Site rezoning project since 2019. Additionally, 300+ acres of the Mill Site property was sold to Mendocino Railroad in 2019 and 2022.

However, in 2018 prior to shelving the project, the City submitted an LCP amendment to the Coastal Commission to request revisions to the two key policies of the Coastal General Plan which required a Specific Plan to rezone or process an LCP amendment for the properties zoned Timber Resources Industrial (the mill site) in Fort Bragg. The Coastal Commission approved policy revisions to require a comprehensive planning process instead of a Specific Plan. The two revised policies are included below:

Policy LU-7.1 Changes in Industrial Land Use. Require that any Local Coastal Program (LCP) amendments and rezoning of lands, which are, designated Timber Resources Industrial: 1) be subject to a comprehensive planning process consistent with Policy LU-7.2; and 2) be submitted to, and effectively certified by, the Coastal Commission as an LCP amendment.

Policy LU-7.2: Comprehensive Planning Process Required. LCP amendments that propose to redesignate lands designated Timber Resources Industrial must be developed through a comprehensive community-based planning process that addresses at a minimum an area including one or more of the subareas as shown on Map LU-4. Community participation shall be solicited throughout the planning process in accordance with established City practices and CLUDC requirements. The LCP amendment shall:

Designate new land use classifications, and include development policies and standards that establish the kinds, locations and intensity of land uses; Identify adequate connections for existing and future infrastructure such as roads, utilities, and coastal access to surrounding developed and undeveloped areas, including ensuring adequate public vehicular, bicycle, and pedestrian access is provided from Highway One to the coastal trail within each of the subareas shown on Map LU-4; Establish orderly phasing for development and future rezoning activities, including ensuring that adequate public services are available for new development; Include other measures as needed to protect the health, safety, and well-being of the community; Map land uses and transportation facilities, including coastal access; and Be consistent with all policies of the Coastal Act and Fort Bragg’s LCP.

Amended Map LU-4, as Certified in 2018
LCP Amendment Analysis
However, as noted above the Map would require a comprehensive planning process for the entirety of Parcel B in order to rezone or allow a Marine Science Center at the Noyo Center. Obviously, the preparation of a comprehensive land use plan for Plan Area B is beyond the legal authority of the Noyo Center as they do not own the remainder of this area. This leaves the Noyo Center in legal limbo, unable to request a rezone without completion of a comprehensive land use plan for properties they do not own. The only path forward is to submit an LCP amendment to revise Map LU-4, so that the Noyo Center LCP amendment is part of a comprehensive planning area that includes adjacent lands owned by the City of Fort Bragg and the Sherwood Valley Band of Pomo.

Accordingly, MJC recommends that the City Council submit an LCP amendment to modify Map LU-4 to create a third Planning Area (Plan Area C), which would comprise the lands of the Coastal Trail, the Noyo Center and Noyo Point residences of the Sherwood Valley Band of Pomo (SVBP). This would allow the City to rezone these parcels in conformance with the Land Use Maps that came out of the two Mill Site comprehensive planning processes already described: namely the Georgia-Pacific Specific Plan effort from 2009 to 2011 and the City led LCP amendment process in 2017-2018. For both of these planning processes the City, community and property owners have consistently planned for the following uses for this area (Attachment 5):

The Fort Bragg Coastal trail parcels were intended to be re-zoned as Parks and Recreation. The City acquired this property in sections between 2006 and 2010 and all parcels have a deed restriction that requires they be used for coastal access and recreation. The Fort Bragg Coastal Trail received three Coastal Development Permits (for the three sections) and the entire project was constructed between 2014 and 2017. This coastal access project is now complete.

The Noyo Center parcel was always designated for a Marine Science Center. The City acquired this property in 2010 with a Coastal Conservancy grant and the property has a deed restriction that limits the use of the site to a Science Center and/or passive recreation. This project is in the planning stage, with the exception of the Crow’s Nest which was established in 2015.

The property occupied by the members of the Sherwood Valley Band of Pomo, has been occupied by members of this Tribe since the 1950s when the Army Corp of Engineers relocated their homes to this parcel to make way for an Army Corp project in the harbor. The community and the tribe have always envisioned this as a low-density residential zoning district which would continue to be occupied by local tribal members. The existing zoning makes it difficult for these residents to make changes to their residences or add second units because the residencies are considered legal non-conforming uses with the current Timber Resources Industrial zoning. This property was transferred from Georgia-Pacific to SVBP in 2021. The SVBP has requested that the property be rezoned as Medium Density Residential in order to make the existing four residential units on two parcels conforming to the zoning district.

Furthermore, as these properties are all held by landowners (City of Fort Bragg, Noyo Center for Marine Science, Sherwood Valley Band of Pomo) who are different then the remainder of the Mill Site (which is owned by Mendocino Railroad), it makes sense to separate these parcel into a third planning area (Plan Area C). See proposed revised Map LU-4.

Additionally, LCP Amendment 1-24 must also either include a text amendment to the use tables to allow a Science Center in the Timber Resources Industrial zoning district or rezone the site to Public Facilities. The pros and cons of each approach are discussed below.

Alternative 1. Add Use Type to Existing Timber Resources Industrial Zoning District.

The City can add Marine Science Center as an allowable use type to the land use tables of the Timber Resources Industrial Zoning district. There is some precedence for this as the Timber Resources Industrial (IT) zoning district already includes regulations for Aquaculture. This alternative would allow this use in any lands designated IT throughout the Mill Site. It provides the least flexibility for the Noyo Center and would not result in rezoning any of the other parcels in Plan Area C. This approach does not meet the standard of a “comprehensive planning process” and neither MJC nor the Planning Commission recommends this approach.

Alternative A would amend the Coastal General Plan as follows:

Timber Resources Industrial (IT)
This designation is intended primarily for timber resource and forest products related manufacturing. It allows a variety of industrial uses relating to forest products processing such as log yards, manufacturing wood products, planing mills, storage of forest by-products, commercial seedling nurseries, and related support activities including railroad lines, truck shipping facilities, boiler and powerhouse operations, and related uses. In addition, it allows aquaculture with issuance of a conditional use permit. Open space, public parks, and recreation use types and public facilities are also permitted in this district.

The uses listed below are examples of the types of uses which may be allowed in this designation. Refer to Coastal LUDC for a more precise definition of permitted and conditional uses.

Log Yard Activities - unloading, loading, and storage of logs.

Storage and Inventory of finished product and forest by-products, and storage of finished goods inventory, including chips, bark, and hog fuel. Storage includes indoor and outdoor storage.

Manufacturing and Remanufacturing: sawmills, studmills, veneer plants, plywood and/or layup plants, fence plants, planing mills, portable or fixed wood chip or hog fuel manufacture, dry kilns, and air-dry yards.

Product Shipping Operations: includes trucking, rail shipping, and maritime operations, wholesale distribution, re-loading facilities and operations.

Remanufacturing and Secondary, Value-Added Manufacturing of forest products: includes, but not limited to, finger jointing, molding and pattern plants, sash and door plants, window plants, glulam beams, truss and joint fabrication, engineered forest products such as laminated veneer lumber, particleboard or oriented strand board and pallet plants.

Commercial Seedling Nursery Operations.

Related Support Facilities and Activities Required to Maintain Manufacturing Operations including: railroad lines that include areas for car storage, boiler and powerhouse operations for timber product manufacture, warehousing of products produced on site, maritime docks, shops for maintenance, fabrication and fueling, water collection, storage, transport, and treatment, fire alarm and control systems, security systems, areas for storage of salvage and/or recycling of metals, wood, wire, rubber and other materials, and buffer areas or screening used for industrial purposes but which enable the operation to comply with noise, air quality, water quality, and other environmental standards.

Aquaculture with a conditional use permit.

Marine Science Center with a conditional use permit.

Public parks and recreation facilities, open space and conservation uses, and public facilities such as stormwater retention ponds and wetland treatment systems.

And amend the CLUDC as noted below:

17.24.020 - Purposes of Industrial Zoning Districts
C. IT (Timber Resources Industrial) zoning district. The IT zoning district is applied to areas appropriate for timber resource and forest products related manufacturing, including a variety of related industrial uses, as well as related support activities including railroad lines, truck shipping facilities, power generation, and related uses; and aquaculture and marine research and education. The maximum floor area ratio (FAR) is 0.40. The IT zoning district implements and is consistent with the IT land use designation of the Coastal General Plan.

Amend Table 2-10- of 17.24.030 as noted below:

ABLE 2-10
Allowed Land Uses and Permit Requirements
for Industrial Zoning Districts
P
Permitted Use, Zoning Clearance required
MUP
Minor Use Permit required (see Section 17.71.060)
UP
Use Permit required (see Section 17.71.060)
S
Permit requirement set by Specific Use Regulations
—
Use not allowed
LAND USE (1)

PERMIT REQUIRED BY DISTRICT
Specific Use Regulations
IL
IH
IT
HD

AGRICULTURAL, RESOURCE & OPEN SPACE USES
Aquaculture
—
UP(3)
UP
UP

17.42.046
Marine Science Center
-
-
UP
UP
Alternative 2: Amend the General Plan Land Use Map, Land Use Table and the Zoning Map to rezone the parcel to Public Facilities Zoning District and add Science Center as a use type. This approach would also rezone the Coastal Trail and SVBP parcels to Parks and Recreation and Low Density Residential respectively. This alternative would result in a more comprehensive rezoning of the Noyo Center site from Timber Resources to the Public Facilities Zoning District which would be more consistent with the planned re-use of this site for a Marine Science Center. This change in zoning would also allow the Noyo Center to take advantage of the additional relevant use types: education, caretakers’ quarters, storage, meeting facility, accessory retail and museum. The requested LCP Amendment would also rezone the Coastal Trail parcels that are owned by the City of Fort Bragg as Parks & Recreation and the residential parcel inhabited by members of the SVBP as Medium-Density Residential. This rezone flows from the City’s community based comprehensive planning processes in 2009-2012 and 2017 & 2018 as required by Policy LU-7.2.

This LCP amendment would consist of the following changes:

Amend Table 2-14 of 17.26.030 to add Science Center to the Public Facilities zoning district as noted below:

ABLE 2-14
Allowed Land Uses and Permit Requirements
for Special Purpose Zoning Districts
P
Permitted Use, Zoning Clearance required
MUP
Minor Use Permit required (see Section 17.71.060)
UP
Use Permit required (see Section 17.71.060)
S
Permit requirement set by Specific Use Regulations
—
Use not allowed
LAND USE (1)

PERMIT REQUIRED BY DISTRICT
Specific Use Regulations
OS
PR
PF
Nature preserve
P
P
P
Storage - Warehouse
-
-
UP
Library, museum, science center
-
UP
UP
Meeting facility, public or private
-
UP
UP
School - Specialized education/training
-
-
P
Caretaker quarters
MUP
MUP
MUP
Accessory retail or services
-
P
P
Amend the Coastal General Plan Land Use Map (Map LU-1) and the Zoning Map as follows and illustrated below:

Rezone the Noyo Center parcel to Public Facilities, and Rezone the Coastal Trail parcels to Parks & Recreation, and Rezone the SVBP parcel to Low-Density Residential.

Amended Coastal General Plan Map LU-1
Amended City of Fort Bragg Zoning Map
MJC has prepared a resolution for the City Council’s consideration which would utilize alternative 2 for the LCP Amendment (Attachment 1).

Finally, the City Council will need to make the following findings for adoption of the proposed amendments to the Fort Bragg Coastal General Plan and Land Use and Development Code:

A. Findings for General Plan Amendments and Zoning Map Amendments.

1. The amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan; The proposed amendment is consistent with the applicable General Plan policies as described in Attachment 4 of the Staff report.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The proposed amendment would establish a third planning area for rezoning of the former GP Mill Site and adopt changes to the Land Use Plan and Zoning Map which comply with existing uses of those sites. Those uses include open space, public coastal access, residential units of SVBP members and a Science Center. None of these uses would be detrimental to the public interest, health, safety or welfare of the City.

3. The affected 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 proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constituted a hazard to the property or improvements in the vicinity in which the property is located.

The existing SVBP residential units, coastal trail access and Crow’s Nest are physically suitable and have not, during their operation, endangered, jeopardized, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. Additionally, the proposed La-bone-atory is a small building of 2,400 SF located on a flat 11-acre parcel with easy public and emergency vehicular access from Main Street. Utilities are nearby (at the WWTF), and all public services are available to serve this proposed building. The project will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

B. Findings for Development Code and Zoning Map text amendments.

1. Findings required for all Development Code and Zoning Map text amendments:

The proposed amendment is consistent with the General Plan and any applicable specific plan; and The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

2. The proposed amendment is internally consistent with other applicable provisions of this Development Code.

The proposed CLUDC text amendment would add Science Center to the use category that includes Libraries and Museum. This minor change would be consistent with the General Plan purpose of the Public Facilities zoning district and as a Science Center is fairly similar to a museum and a library. It would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

3. Additional finding for Zoning Map amendments: The affected 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 requested zoning designation and the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

As previously noted, the Coastal Trail parcels and the SVBP parcels are physically suitable for the uses for which they would be rezoned, because those uses are pre-existing and have not endangered, jeopardized, or otherwise constituted a hazard to the property or improvements in the vicinity in which the property is located. Additionally as analyzed and conditioned in the remainder of this report the Noyo Center site is physically suitable for the La-bone-atory and ultimately a Marine Science Center, although that project would be required to get a Use Permit and a more detailed analysis would be completed for that project at the time of application.

The LCP amendment must also address all the requirements of General Plan Policy LU-7.2 points a through f.

Designate new land use classifications, and include development policies and standards that establish the kinds, locations and intensity of land uses; The proposed LCP amendment will redesignate lands to existing zoning districts, which already define the kinds, locations and intensity of land uses allowed in each zoning district. All relevant Certified LCP polices related to the zoning districts for Parks and Recreation, Low Density Residential and Public Facilities will remain in full force. These policies and development standards were certified by the Coastal Commission in the 2008 LCP Amendment, and there is no need to modify them. Please see the attached Consistency Analysis.

Identify adequate connections for existing and future infrastructure such as roads, utilities, and coastal access to surrounding developed and undeveloped areas, including ensuring adequate public vehicular, bicycle, and pedestrian access is provided from Highway One to the coastal trail within each of the subareas shown on Map LU-4; These parcels are already largely developed for their intended uses. Roads, utilities, and coastal access are already provided to the Coastal Trail and the Sherwood Valley Band of Pomo’s parcels. The companion Coastal Development Permit includes special conditions to ensure that utilities will be adequately provided as the parcel is developed into the future and public roads and public access are also addressed for this site.

Establish orderly phasing for development and future rezoning activities, including ensuring that adequate public services are available for new development; This LCP amendment would result in zoning changes to bring parcels that are already developed into conformance with the Coastal General Plan and CLUDC. Currently the SVBP parcel has legal non-conforming development (4 residential uses), which makes it difficult for tribal residents to expand their residential structures or add second units. Additionally, the undeveloped Noyo Center parcel is adjacent to already developed parcels, the Coastal Trail and Wastewater Treatment Facility, where there are already utilities and there are adequate public services (police, fire and trash). Any future expansion in utility expansion is addressed through a special condition in the CDP for that Noyo Center project.

Include other measures as needed to protect the health, safety, and well-being of the community; There are no new measures needed to protect the health, safety, and well-being of the community due to these rezoning activities for the SVBP and the Coastal Trail parcels as these are existing uses for ten+ years and no issues have been identified in that time. Furthermore, the Noyo Center site rezone to Public Facilities would result in a Use Permit requirement for a Science Center or Museum. To approve a Use Permit the City would be required to make the following finding: “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.” Map land uses and transportation facilities, including coastal access; and be consistent with all policies of the Coastal Act and Fort Bragg’s LCP.

This finding can be made, please see attachment 2 for the Coastal Act Consistency Analysis; attachment 3 for an overview of land uses, transportation facilities & Coastal Access; and attachment 4 for the General Plan Consistency Analysis.

2. NOYO CENTER LA-BONE-ATORY PLANNING PERMITS
If approved, the Laboneatory Coastal Development Permit will become effective only after certification of LCP Amendment 1-24 as required by Special Condition 1 below.

Special Condition 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.

PROJECT DESCRIPTION
The goal of this project is the creation of a new structure – dubbed the La-bone-atory – dedicated to preserving, restoring, archiving Marine mammals’ skeletons, educating about the marine and coastal environment and a place for researchers to engage in scientific research. It will house equipment (remote-operated vehicles, boats, etc.) associated with the Noyo Center's marine research activities. The La-bone-atory will fill an essential role in Noyo Center’s network of research and education facilities by hosting articulation workshops. The La-bone-atory will provide space for research and bone articulation. The Noyo Center’s existing two facilities welcome over 40,000 visitors annually and offer free admission to the public and host school field trips.

The La-bone-atory is a 2,400-square-foot building (80 feet x 28 feet) that is one story in height (19 feet 8 inches at the ridge). See Attachment 9 for the Site Plan. It will be sided with cement fiber panels (Hardie-plank) with wood batons and roofed with composition shingle roofing. The building will be constructed on a concrete slab with an uncovered 1,200-square-foot concrete apron. The La-bone-atory will be clad with earth-toned siding and roofing and shore pines will be planted in clusters around its perimeter to help it blend with the surroundings (Attachment 10 for Elevations and Floor Plan and Attachment 13 for paint and roof colors). The design is a low-profile structure similar to storage structures at the nearby WWTF. Exterior lighting for the La-bone-atory project will be minimal, downcast and shielded (Attachment 14 Lighting Plan).

PROJECT BACKGROUND
The City of Fort Bragg has a long history of working towards the development of a marine science center on the Fort Bragg headlands.

In 2003, the City initiated a community planning process, which prioritized the development of a marine science and education center as a priority reuse option for a portion of the Georgia-Pacific (GP) Mill Site.

The City began planning for development of a marine science and education center and, in 2006, with the assistance of a group of scientists and administrators of successful biological field stations across the nation, the City prepared a Strategic Plan for the center and coined its name: the Noyo Center for Science & Education at Fort Bragg (“Noyo Center”).

In 2010, the City obtained grant funding to prepare a development program, site plan, floor plans, elevations and schematic designs for the Noyo Center.

In 2010, the City created a partnership with Sonoma State University to establish a marine research center at the Noyo Center site and applied for a $4.8 million State Parks grant. However, it was ultimately not successful because there was no non-profit entity to manage a facility and Sonoma State University backed out of the project due to financial issues. A Coastal Development Permit (CDP), Design Review (DR) and Mitigated Negative Declaration (MND) were approved for this project in 2010. The project was approved as a permitted use within the Timber Resources Industrial (IT) zone as a part of a nature preserve.

In 2011, the City applied for a Coastal Conservancy grant for $250,000 to acquire the Noyo Center Site and closed escrow in November 2011.

In 2011, the City processed a Coastal Development Permit to engage in ecological restoration of the site including the restoration of the site wetland. This project did not receive the anticipated funding from Caltrans for a wetland mitigation project.

Since 2012, the City has provided some financial support to the Noyo Center through a special sales tax.

In 2013, the City applied for funding from the Coastal Conservancy to move the Crow’s Nest from its location at the GP Visitor Center (which was donated by GP) and place it on a permanent foundation, fund structural improvements to the building and sidewalks, and complete all the permitting for the project. This project was approved as an accessory structure of a Nature Preserve through the CDP process.

The Noyo Center organization started operating the Crow’s Nest in 2014 and it has provided nature education for visitors, residents and school groups ever since.

In 2018, the City of Fort Bragg used the Noyo Center site for the temporary and permanent storage of soils from the Fort Bragg Wastewater Treatment Facility (WWTF) upgrade. At the conclusion of construction, a significant pile of soil remained on the site, which was spread and seeded with native seed.

The Noyo Center property was transferred from the City of Fort Bragg to the Noyo Center nonprofit in 2020 via a grant deed with Power of Termination. The termination will go into effect if the Noyo Center does not raise at least $3 million for the construction of a marine science and education center with a value of at least $5 million within 10 years of the grant deed.

The Noyo Center for Marine Science has obtained a grant to complete the design, engineering, resource studies, planning permit and construction of the La-bone-atory.

Project Location. The project site is an 11.64-acre parcel (APN # 018-430-15; 39.437552o latitude; 123.815382o longitude). It is located within the southern portion of the former GP Mill Site in Fort Bragg, California. The project site is east of the City of Fort Bragg's Noyo Headlands Park, which extends along the entire 3+-mile coastline of the former mill site. The site lies to the east of an abandoned runway, which is within Noyo Headlands Park. The Crow's Nest Visitor Center and the Wastewater Treatment Facility are located just north of the project site. Lands to the south and east are currently undeveloped.

Vehicular access to the project site is provided via West Cypress Street and Jere Melo Street. West Cypress Street extends from a signalized intersection at Main Street (State Route 1) to a parking lot for Noyo Headlands Park. From there, an access road extends up an abandoned runway and onto a gravel road to the WWTF. The gravel road also provides access to the Crow's Nest Visitor Center and the project site. The access road that extends up the runway and to the WWTF is named "Jere Melo Street" in memory of a former mayor and councilmember who worked for GP and was deeply involved in the planning for reuse of the Mill Site property and the Noyo Center. The project site has not yet been assigned an address on Jere Melo Street.

SITE DESCRIPTION. The project site and approximately 400+ acres of surrounding lands were formerly part of the GP Lumber Mill (GP Mill Site) which closed in 2002. The La-bone-atory project site was formerly part of a log deck where cut timber was stacked prior to being milled. This history has resulted in many unique features to the site.

Toxic Hazards. Environmental remediation of the GP Mill Site was performed by its former owner, GP, under the oversight of the State of California Department of Toxic Substances Control (DTSC). No remediation was required for this parcel and a “no further action” letter was issued by DTSC, which indicated that this location has achieved the highest “clean up” level of a residential use standard.

Site Disturbance. The project site is a heavily disturbed, graded and rocked industrial log storage area. The site bedrock consists of dark gray to brown sandstone, shale and volcanic rocks that are generally little too closely fractured, moderate hard to hard, and little weathered. The bedrock is partially covered by as much as 10 feet of Pleistocene terrace deposits and human placed fills. The bedrock terrace deposit is generally flat lying. The terrace deposits consist of silty fine sand, sandy silt with clean sand and minor sandy clayey silt. The site is covered with a deposit of gravelly fill (18 inches to 3 feet), with another deposit of sandy loamy soil (6 inches to 2 feet) on top, which was added to a portion of the site in 2019 as part of the WWTF upgrade project.

Site Restoration. In 2019 and 2020, the site was restored using graded materials from the WWTF project. This area was seeded with the seed mix from the Coastal Trail, which included plants associated with rare plant communities (although they are not rare plants themselves). According to the biologist, this area does not constitute an ESHA. The City discussed the project with Coastal Commission staff, and they concurred with the determination that it does not constitute an ESHA.

Site features. The site includes a jurisdictional wetland (drainage ditch) which was used to drain stormwater from the log deck to the ocean.

The La-bone-atory will be located near the southeast corner of the 11.64-acre parcel. This remote location will allow for storage and processing of marine mammal bones in an area where occasional odors will not impact visitors to the Ocean Science Center or Noyo Headlands Park.

COASTAL GENERAL PLAN POLICY ANALYSIS
The project is consistent with the following relevant policies of the Coastal General Plan:

Relevant Policy
Analysis
Land Use Element. Policy LU-5.1 Additional Sites for Visitor-Serving Commercial: Continue to provide for and encourage additional visitor-serving commercial facilities.

While not a primary use of the facility, the La-bone-atory will provide coastal recreation and education opportunities for visitors.

Policy LU-5.6: The use of private lands suitable for visitor-serving and commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry.

The proposed project is a coastal-dependent industry and so appropriately has priority over other uses of this site.

Policy LU-5.7: Adequate parking should be provided to serve coastal access and recreation uses to the extent feasible. Existing parking areas serving recreational uses shall not be displaced unless a comparable replacement area is provided.

The proposed project provides sufficient parking (as required by the CLUDC) not to interfere with public access or recreational uses.

Policy LU-6.2: In areas designated for industrial land uses, coastal-dependent and coastal related industrial uses shall have priority over other industrial uses on or near the shoreline.

The proposed project is a coastal-dependent industry and so appropriately has priority over other uses of this site.

Policy LU-7.3 Siting New Industrial Development: Site new industrial development so that it is contiguous with, or in close proximity to, existing developed areas able to accommodate it, or where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects on coastal resources, either individually or cumulatively
The proposed project would include scientific research in support of a Nature Preserve. As such, it could be considered a light manufacturing facility, though a good fit is inexact. The proposed project would be sited relatively close to the WWTF (an industrial use) and would be served by adequate public services.

Policy LU-10.3: The location and amount of new development shall maintain and enhance public access to the coast by…. providing non-automobile circulation within the development that includes circulation connections outside of the development….

As conditioned, the project would include trail connections to the Fort Bragg Coastal Trail.

Policy LU-10.7: Priority for Coastal Dependent Uses. Coastal-dependent developments shall have priority over other developments on or near the shoreline. Except as provided elsewhere in this division, coastal-dependent developments shall not be sited in a wetland. When appropriate, coastal-related developments should be accommodated within reasonable proximity to the coastal-dependent uses they support.

The proposed use is a coastal dependent use and implements this policy.

Public Facilities Element. Policies related to water and wastewater capacity, which includes the following relevant policies PF-1.1, PF-1.2, and PF-1.3.

The proposed project complies with public facilities policies because the project is a coastal dependent use and there is adequate water and sewer capacity to accommodate all proposed development in Fort Bragg at this time.

Conservation and Open Space Element. ESHA policies relevant to this project include OS-1.1, OS-2.1, OS-1.6, OS-1.7, OS-1.8, OS-1.9, OS-1.12, OS-1.13, and OS-1.16.

As analyzed later in this report, the proposed project includes a human-made restoration project which included a plant type which can indicate a rare plant community, however the California Department of Fish and Game (CDFW) and the Coastal Commission have concurred that the presence of this indicator plant (which is not itself a rare plant) does not meet that standard for a natural community and, therefore, the parcel does not include upland ESHA. The project also includes wetlands which and the CDP would include Special Conditions (as detailed later in this report) which would ensure that the wetlands are not impacted by the project.

Conservation and Open Space Element. Archaeological policies relevant to this project include OS-4.1, OS-4.2, OS-4.3, OS-4.4 and OS-4.5, CD-7.1.

As analyzed later in this report, the proposed project, as conditioned, will comply with all archaeological resource policies.

Conservation and Open Space Element. Biotic resource policies relevant to this project include OS-5.1, OS-5.2, OS-5.3 and OS-5.4, OS-11.8 The proposed project will retain approximately 10 acres of the site as open space. There are no existing healthy trees that would be removed as part of the project. As conditioned, the proposed project would landscape with locally native plants, shrubs and trees. The project complies with these policies.

Conservation and Open Space Element. Water quality policies relevant to this project include OS-9.1, OS-9.2, and OS-5.4, OS-10.1, OS-10.2, OS-10.3, OS-11.1, OS-11.3, OS-11.4, OS-14.1, OS-14.2, OS 14.3, OS-14.4, OS-14.5.

As analyzed in this report and conditioned, the project will comply with all water quality policies in the Coastal General Plan. The project does not qualify as a development of Special Water Quality Concern.

Circulation Element. Policy C-2.8 Continuation of Streets: Require the continuation of streets and bicycle and pedestrian paths through new developments wherever possible.

Policy C-11.2: Handicapped Access. In conformance with State and Federal regulations, continue to review all projects for handicapped access and require the installation of curb cuts, ramps, and other improvements facilitating handicapped access.

As conditioned, the project will include a trail connection between the La-bone-atory and the Coastal Trail.

The project site provides ADA parking and an ADA path of travel as required by state law.

Community Design Element. Visual resource policies relevant to this project include CD-1.1, CD-1.3, CD-1.4, CD-1.9, CD-2.5 As conditioned and analyzed in the report, the proposed project will not impede coastal views of the ocean. Additionally, all outdoor lighting is night sky compliant and downward facing.

Design Review policies relevant to this project include CD-2.1, CD-6.2 As conditioned, the project complies with the Design Review Policy of the Coastal General Plan.

There are no policies in the Safety, Noise or Housing elements, which are relevant to this project. The project as analyzed and conditioned in this staff report is consistent with the Coastal General Plan.

CLUDC CONSISTENCY ANALYSIS
Table 2-14 of CLUDC Sec. 17.26.030 indicates that a Use Permit is required for construction of a new Museum or Science Center in the Public Facilities district; however a storage warehouse is permitted by right. The proposed project could be considered either as accessory to a Science Center (UP required) or a warehouse (permitted by right). This permit analysis includes a Use Permit analysis for the Project.

DEVELOPMENT STANDARDS
Building Setbacks and Height Limits. The new building would comply with all setback and height limitations of the proposed Public Facilities zoning district, as the Public Facilities zoning district does not have setback, height or FAR regulations. The chart below includes setback for the proposed building.

Standard
Proposed Building
Front Setback (north)
150 feet
Side Street Side (northeast)
270 feet
Side – Interior (west)
830 feet
Rear (South)
260 feet
Height
19 feet, 8 inches
FAR
.004
Parking. Table 3-7 of the CLUDC stipulates the quantity of parking spaces required for each land use. Commercial recreation facilities require “1 space for each 400 SF of floor area.” The proposed 2,400-square-foot La-bone-atory would require six parking spaces. The CLUDC also requires that one of the six spaces be an ADA space and the UBC requires an EV parking space as well. The site plan includes six regular parking spaces and one ADA space. MJC recommends Special Condition 2.

Special Condition 2: EV Parking. 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.

LANDSCAPING STANDARDS. The applicant did not submit a landscaping plan with the project application. Upon request, the applicant submitted a preliminary landscaping plan (Attachment 11), which does not meet the minimum requirements of the CLUDC. While the applicant’s preliminary landscaping plan indicates six shore pines, the City has found that shore pines do not survive well in this environment without significant wind screening from the northwest Finally, this project may require the installation of a backflow device. The backflow device must be landscaped so that it is screened from public view. Therefore, Special Condition 3 is recommended.

Special Condition 3: Resubmit Landscaping Plan. Prior to issuance of a building permit, the applicant shall resubmit the site plan with a landscaping plan that includes the following required features:

An 8-foot landscaping strip between the building and the parking lot exclusive of the two garage doors, and a 5-foot-wide strip of landscaping surrounding the project site, which is at least 42 inches in height at maturity.

All landscaping shall be from local native plant or seed stock.

At least three shore pines shall be planted on the lee side (east) of the building, two planted on the south side, and two planted on the north side. 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.

The backflow device shall be screened from view by native shrubs and vegetation.

All landscaping and irrigation shall comply with the requirements of the State of California Model Water Efficient Landscape Ordinance (MWELO).

Fencing. The proposed project includes cyclone fencing around the south and west face of the building. Per Section 17.31.050B the fence cannon be more than 6 feet in height and per Section 17.31.050 E3, chain-link fence is not within the front or side yard setback. Furthermore, if outdoor storage is proposed for this location, the fence must comply with the requirements of 17.42.140, which requires a solid wall fence. Therefore, Special Condition 4 is recommended.

Special Condition 4: Resubmit Fence Design. 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 issuance of the building permit.

Utilities. Utilities (water, sewer and power) are accessible from the WWTF. These utilities will traverse the City of Fort Bragg’s Coastal Trail property. Public Works recommends that the following Special Conditions be adopted for the project:

Special Condition 5: Utility Connections.

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.

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.

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.

A Public Utility (or similar) Easement shall be recorded for the private utility lines within the public right of way.

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 the 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.

An approved backflow device is required for all water connections. Please contact Heath Daniels at 707-813-8031 for more information.

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.

The applicant shall contact Underground Service Alert (USA), Dial 811 or 1-800-227-2600, at least 48hrs prior to construction.

Special Condition 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 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.

Special Condition 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):

Water – 2,240 SF increase in garage/workshop space is $1,983.86.

Sewer – 2,240 SF increase in garage/workshop space is $1,537.73.

Drainage – 11,064 SF increase in impervious surface is $8,187.36 Police Facilities – 2,240 SF of Industrial Space is $1,752.04 Fire Facilities – 2,240 SF of Industrial Space is $413.26 Lighting. The applicant has proposed eight down-facing lights on the east and north faces of the building. The submitted lighting fixtures are night-sky compliant. (Attachment 14).

USE PERMIT ANALYSIS
Approval of a use permit requires the City Council to make the following findings:

1. The proposed use is consistent with the General Plan, any applicable specific plan, and the Local Coastal Program; As conditioned, and upon approval of LCP Amendment 1-24 by the Coastal Commission, the proposed project would be consistent with the land use designation for this zoning district and will have no conflicts with the Coastal General Plan or the LCP.

2. 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; As conditioned, and upon approval of LCP Amendment 1-24 by the Coastal Commission, the proposed project is consistent with the General Commercial Table 2-14 Allowed Land Uses and Permit Requirements for Special Purpose Zoning Districts in CLUDC §17.26.030.

3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity; The proposed La-bone-atory is consistent with the Coastal Trail and Wastewater Treatment Facility in the area. It would likely not be compatible with the reuse of the Mill Site as a sawmill, which could be approved in the future with a Use Permit and Coastal Development Permit. However, due to economic conditions it is unlikely that this site will be reopened as a lumber mill, because most of the forestlands in and around Fort Bragg are owned by Mendocino Redwood Company, which has a mill in full operation in Ukiah. Additionally, the Mendocino Railway seems intent on redeveloping the Mill Site for a mix of uses, as is the City Council. Additionally, in all past community planning processes to rezone the Mill Site, the area mapped in land use plans (Attachment 5) as a combination of open space, urban reserve and light industrial zoning. The envisioned future rezoning of this area would allow low intensity development, which would be compatible with a science center.

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.

This large site can easily accommodate the proposed project. Emergency vehicles can access the site from both Jere Melo Drive and the Old Mill Road on the east side of the property. Public sewer and water will be accessed from the WWTF. The site includes an existing storm drain; however, the project is designed to infiltrate stormwater on site. The applicant proposes to haul solid waste from the site and not access the services of the solid waste collection services. This is a low-intensity land use which would not constitute a hazard or be materially injurious to anyone or any property.

5. The proposed use complies with any findings required by Section 17.22.030 (Commercial District Land Uses and Permit Requirements).

This finding is not relevant to this project because it is not located in a commercial district.

COASTAL DEVELOPMENT PERMIT ANALYSIS
This project is in the Coastal Zone and is not exempt from requiring a Coastal Development Permit (CDP) because it “is located between the sea and the first public road paralleling the sea.” (see CLUDC Section 17.71.040(B)(4) This project has the potential to impact three types of coastal resources — archaeological, visual and biological, which are analyzed below. The project will not impact coastal access, as coastal access is limited through this site by the vacant and fenced Mill Site to the east. The project site is also adjacent to the Coastal Trail, which provides coastal access. Furthermore, the project can be considered an ocean dependent use and so it implements this Coastal Act priority as analyzed above in the Coastal General Plan analysis.

VISUAL IMPACTS
The project will not significantly impact views to the ocean. As illustrated in the photos below, most public views to the sea from Cypress Street are blocked by the adjacent wastewater treatment buildings. Views to the sea from Highway 1 are partially blocked by a 5-foot-high fence and the views are so distant that even the wastewater treatment buildings are barely visible. Views from the runway and coastal trail are not out to the sea, but instead are looking back towards the land. These onshore views are not protected by the Coastal Act. The La-bone-atory would not be visible from the ocean as it is significantly back from the shoreline.

Figure 1: Viewing points for the La-bone-atory Visual Analysis.

The view from the Cypress Street gate towards the building is very distant and will be screened by the two shore pines, which will be planted per Special Condition 3. A very small distant ocean view is blocked by this building. The building blocks less than 2 percent of the ocean view from this point. More of the ocean is blocked by the nearby WWTF and the old log ramp.

The view from the Coastal Trail’s runway towards the building is a view away from the ocean and inland towards our City, distant trees, and the distant mountains. As such, it is not protected by the visual policies of the City’s certified LCP.

The building is most visible from Jere Melo Drive. Special Condition 3 requires the applicant to plant at least three shore pines on this side of the building to screen and soften the building facade. As this view is not to or along the ocean, it is not protected by the visual policies of the City’s certified LCP.

Likewise, Special Condition 3 would require two shore pines in front of the building from this view from the north. The trees would add visual interest to the building. As this view is not to or along the ocean, it is not protected by the visual policies of the City’s certified LCP.

ARCHAEOLOGICAL RESOURCES
A pre-construction archaeological survey was prepared for this site in 2011 by Archaeologist Thad Van Burean. The survey was difficult to conduct because more than 70 percent of the site is covered in Pitt Rock between 24 inches and 4 feet in depth. The study found one small deposit that is located more than 500 feet from the proposed location. There is a chance that the project could impact cultural resources, although given the depth of fill on the parcel it is not likely. MJC consulted with the Sherwood Valley Band of Pomo regarding the proposed project, and they requested the following special conditions:

Special Condition 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 he/she determines that disturbance of cultural resources is unlikely.

Special Condition 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.

Special Condition 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.” Stormwater Analysis. The Department of Public Works reviewed the project and recommends the following Special Conditions be included to ensure conformance with Section 17.64 Stormwater Runoff Pollution Control.

Special Condition 11: LID. 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.

Special Condition 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).

Special Condition 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. https://www.mendocinocounty.org/home/showpublisheddocument/43360/637583284035530000 Special Condition 14. The site plan currently shows a bio retention area, but the feature has yet to be 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 bio retention area. The downspouts of the new workshop shall also direct stormwater to the bio retention area.

Special Condition 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.

Special Condition 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.

BIOLOGICAL RESOURCES
In 2005, a wetland delineation was completed for the site as part of the Mill Site reuse planning process. That study included a map of all delineated jurisdictional wetlands on the site. The map below illustrates the Section 404 wetlands located near and on the property.

Wetland R is a potential Section 404 Jurisdictional wetland, which is located on the parcel at a distance of more than 400 feet from the proposed project. Additionally, the project is located more than 400 feet from wetland P, which is located off-site.

The Study Area has been included in many biological assessments over the years, including 2005, 2009, 2010, and 2013 (WRA 2005, WRA 2009, WRA 2010, WRA 2013). The most recent assessments were in support of the Fort Bragg Coastal Trail in 2010 and 2013. Results of each of the assessments determined no ESHA, including special-status species or sensitive land cover types (i.e., native grassland or aquatic resources) to be present in the Study Area.

Additionally, in 2013, the City of Fort Bragg completed and certified a MND for the development of a Discovery Center on the Project parcel. The MND concluded as follows:
“Most of the site is developed industrial land, characterized by highly compacted and graveled former log storage decks, with occasional weedy ruderal vegetation. No rare or endangered plants were found on the site. No rare or endangered plants were found within 100 feet of the site boundary. The project will therefore have no impact on sensitive or rare plant species.” A new biological report was prepared for this project in 2024 by WRA. See Attachment 15. The report, “Biological Resources Report Noyo Center for Marine Sciences Laboneatory Fort Bragg, Mendocino County, California” describes the site as follows: “50 percent of the land is covered by impervious surfaces and about 25 percent consists of soils that have been altered by cutting, filing, and grading for development. Native soils make up small portions of Urban Land Drainage, permeability, surface runoff, and available water capacity are extremely variable. Within the Study Area, Urban Land is mapped as 75 percent Urban Land and a mix of several native soils for the remaining 25 percent. (CSRL 2024).” Additionally, the Biological Report notes that “The Study Area is dominated by non-native grassland with patches of coyote brush (Baccharis pilularis) and Himalayan blackberry (Rubus armeniacus). Existing access roads of compacted gravel, as well as areas of compacted gravel from previous development are also present. The Study Area was used as a log deck during operations of the Georgia-Pacific Mill, up to approximately 2000, with the log deck empty by 2005 (NETR 2024). Since the mill ceased operations, the Study Area has been used by the City for placement of excavated/dredged soils, with soils placed or the area graded in 2010, 2013, 2016, and as recently as 2018 (NETR 2024). Following the completion of fill placement in 2018, the area of fill was seeded with native seeds, including coastal Tufted Hair Grass (Deschampsia cespitosa ssp. holciformis), coast buckwheat (Eriogonum latifolium), coyote brush (Baccharis pilularis) and other native plants (personal communication).” Further, the report noted: “Personal communication to WRA disclosed that the area of fill and surrounding land was seeded with native seeds, including coastal tufted hairgrass and coyote bush, following placement of the fill soil. As the native grass is only present in the areas on and near the fill soil, the presence of the grass is presumably due to the seeding, and not from natural recruitment.” While the Biological report identified two potential ESHAs (Tufted Hair Grass Meadow and Artificial Seasonal Wetland) on the site and completed an alternatives analysis to reduce impacts to those potential ESHAs as much as feasible, the report ultimately concluded that the potential ESHAs do not qualify as ESHAs under the City’s LCP (see bold highlighted text). “The proposed Project will utilize existing gravel roads for access and areas most recently disturbed through the placement of fill soils in 2018. Development is proposed within 100 feet of artificial seasonal wetlands and coastal tufted hairgrass meadow (Figure 4). As described in Section 5.1.1 above, the wetlands are presumed to be artificial, and the coastal tufted hairgrass meadow is present due to seeding following fill soil placemen; as such, these areas do not meet the criteria of ESHA and are not considered as ESHA. However, as the designation of non-ESHA of those areas is in the professional opinion of WRA, a reduced buffer analysis and alternatives analysis are included in the following sections to identify potential impacts to these areas and identify appropriate avoidance measures to reduce potential impacts should regulators disagree with the non-ESHA designation and consider the areas as ESHA. Additionally, avoidance measures are provided for nesting special-status and resident/migratory nesting birds.” MJC sent the biological report and a referral/request for comment to both CDFW and the Coastal Commission for their determination on this issue. Coastal Commission staff agreed that these sites are not ESHA under the City’s LCP. MJC met with CDFW and the Water Board on site regarding the project on June 19, 2024. The Water Board determined that the two season wetlands meet Water Board wetland delineation requirements and requested a Special Condition to ensure that stormwater does not enter the wetlands. See Special Condition 17.

Special Condition 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.

Likewise, CDFW wants to ensure that people and or vehicles do not inadvertently enter the wetlands and therefore recommends Special Condition 18.

Special Condition 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.

Finally, CDFW asked for the following Optional Special Condition.

Special Condition 19: The Applicant shall engage in target the removal of non-native invasive species for a period of five years.

Supplemental Findings for Projects Located within ESHA. The CLUDC requires that the review authority make the following supplemental findings for development located within Environmentally Sensitive Habitat Area.

17.71.045 (I2h): Supplemental findings for projects located within Environmentally Sensitive Habitat Areas:
i) The resource as identified will not be significantly degraded by the proposed development; and The applicant’s biologist and staff of the Coastal Commission concurred that the identified “Tufted Hair Grass Meadow” is not an ESHA as it is only an indicator plant and was planted by the City of Fort Bragg as part of a restoration project on non-native soils, which were placed on a former pit rock log deck. Therefore, there is no rare plant ESHA to be degraded by the project.

The proposed project area contains two small wetlands, for which the various experts had a divergence of opinion. The Biologist and Coastal Commission staff concurred that it is not a wetland ESHA because it is artificial. However, the Water Board has different criteria and found that it is a wetland. The project includes a special condition that will ensure that the Water Board wetland would not be degraded by the project. ii) There is no feasible less environmentally damaging alternative; and The biological report included an alternative analysis and determined that the proposed location of the driveway is the least environmentally damaging alternative, as it would be located on an existing road alignment. iii) All feasible mitigation measures capable of reducing or eliminating project related impacts have been adopted.

Two special conditions are recommended to eliminate impacts to the Water Board wetland.

PUBLIC ACCESS
Additionally, the following supplemental findings must be made for projects located between the first public road and the sea. j. Supplemental findings for projects located between the first public road and the sea required by Section 17.56.070 of this Development Code.

1. A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to Section 17.56.070(B) of this Development Code. The type of affected public access and recreation opportunities shall be clearly described.

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. An analysis based on applicable factors identified in Section 17.56.070(B) of this Development Code of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act.

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. A description of the legitimate governmental interest furthered by any access condition required.

No public access is required for this project.

4. An explanation of how imposition of an access dedication requirement alleviates the access burdens identified and is reasonably related to those burdens in both nature and extent.

Not applicable.

HAZARDS
Because the site was remediated under a DTSC clean up order, a Soil Management Plan is required for all earth moving activities. Therefore, Special Condition 20 is required.

Special Condition 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.

DESIGN REVIEW ANALYSIS
The project involves significant exterior remodels and expansion of an existing structure, which requires a Design Review Permit per Section 17.71.050 of the CLUDC. As conditioned below, the proposed project would meet the Design Review criteria. See Attachments 9, 10, 11, 13 and 14.

17.71.050(E). Project Review Criteria. The review authority shall evaluate each application to ensure that the project:

Complies with the purpose and requirements of this Section; The proposed design, as conditioned below, is consistent with the purpose and requirements of Design Review.

Provides architectural design, building massing, and scale appropriate to and compatible with the site surroundings and the community.

This finding can be made. The proposed building would be similar in design to the utilitarian buildings of the WWTF, though it would have better design quality and be clad in higher quality materials (board and batten). The buttresses on the building mirror those of the Crow’s Nest building.

The surrounding land uses are public facilities mostly with utilitarian design, as follows:

Figure 2 - Crow’s Nest to the West
Figure 3 - Wastewater Treatment Facility to the Northwest Figure 4 - Loading Ramp to the Northeast
Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.

This finding can be made as described in detail below:

Site Layout and Design. The project is proposed for the northeast corner of an 11-acre site and the majority of the site will be left in its current regenerative state. The site layout includes a short driveway, so that the building is set back from the Coastal Trail and Jere Melo Drive. The parking is proposed for the east side of the building, where it will be less visible from the public right-of-way.

Exterior Appearance. As noted in the analysis below, the building exceeds design guideline requirements for buildings in heavy industrial zoning districts.

Setbacks. All proposed development would meet the Public Facilities zoning district setback requirements.

Drainage. The project site is currently covered with a mix of impervious gravel surfaces, drainage ditches, and stockpiled soils that have been spread onsite for restoration purposes.

Fences, walls, lighting, or landscaping. No fences or walls are proposed for the project. The project will require new landscaping per Special Condition 3. The proposed lighting complies with CLUDC requirements.

Provides efficient and safe public access, circulation, and parking.

This finding can be made. The site plan includes seven parking spaces which are located conveniently to the building. A sidewalk or trail connection for pedestrians should be provided, and Special Condition 21 is included.

Special Condition 21. The applicant shall resubmit a site plan with pedestrian access (trail or sidewalk) from Jere Melo Drive to the La-bone-atory as part of the building permit application.

Provides appropriate open space and landscaping, including the use of water efficient landscaping.

As conditioned, the project would include appropriate landscaping. The project is surrounded by open space.

Is consistent with the General Plan, any applicable specific plan, and the certified Local Coastal Program if located in the Coastal Zone.

This finding can be made. As conditioned, and upon approval of LCP Amendment 1-24 by the Coastal Commission, the proposed project would be consistent with the land use designation for this zoning district and will have no conflicts with the Coastal General Plan or the LCP.

Complies with and is consistent with the City's Design Guidelines.

The project’s design complies with all five mandatory standards and three out of four preferred standards for industrial buildings in the Citywide Design Guidelines. See table below.

Mandatory Standard
Compliance

1. Large unadorned and un-fenestrated wall expanses are permissible for industrial buildings. However, large expanses shall be broken up with expansion joints, reveals, and/or changes in texture, color or materials.

Even though this building does not qualify as a large building, the building facade is “broken up with expansion joints, and changes in texture and color.”

2. Large expanses of highly reflective surface and mirror glass exterior walls shall be avoided to prevent glare impacts on adjacent public streets and properties.

The building does not include large expanses of reflective surfaces.

3. The mass and scale of large, box-like industrial buildings may be reduced through the incorporation of varying building heights and setbacks along the front and street side building façades.

The building incorporates “varying building heights” even though it is not a large “box-like” structure.

4. Street side facades of large industrial buildings, that are visible from a public street, shall include architectural features such as reveals, windows, openings, and changes in color, texture, and material to add interest to the building elevation and reduce visual mass.

The street side façade includes both “changes in texture” and “windows” even though it is not a large industrial building.

5. The following table identifies materials that are encouraged, acceptable, and discouraged for use on building façade:

Wood and hardie panel are preferred materials.

The building façade would be clad in hardie panel with wood battens (for a board and batten appearance). The buttresses are concrete. The roof would be composition shingle (antique brown color).

Preferred Standards
Compliance

1. The mass and scale of large, box-like industrial buildings may be reduced through the incorporation of varying building heights and setbacks along the front and street side building façades.

2. Light industrial buildings in the Mill Site Light Industrial zoning district should have an industrial or contemporary architectural character that is consistent with the historic fabric of the Mill Site or the development patterns of the nearby Skunk Train industrial buildings.

3. Street-side facades of large industrial buildings that are visible from a public street should include architectural features such as reveals, windows, openings, and changes in color, texture, and material to add interest to the building elevation and reduce visual mass.

4. Primary building entries should be readily identifiable and well defined through the use of projections, recesses, columns, roof structures, or other design elements.

1. The project includes clerestory windows and varying roof heights.

2. The building includes features (buttresses and wood cladding) of the adjacent Crow’s Nest building. Overall, the building is traditional industrial, which is in keeping with the Mill Site’s current limited building character.

3. The building includes windows, changes of materials, buttresses and garage doors, which all add interest and reduce the visual mass of the building. The building will be painted mushroom brown (Behr_M Q2-57).

4. The primary building entry is not “readily identifiable and well-defined through the use of columns, roof structures,” awnings and color. As this is not a mandatory requirement, optional Special Condition 22 is recommended.

Optional Special Condition 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.

SIGN PERMIT & SIGN DESIGN REVIEW
The applicant’s proposed signage meets the size limitations of the CLUDC (Attachment 12). However, the height of the sign is not noted on the application. Therefore, Special Condition 23 is recommended.

Special Condition 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.

The proposed sign conforms to location requirements. The proposed sign complies with the Citywide Design Guideline sign standards as described below:

The sign has been “designed to relate to the architectural features of the building on which they are located.” The proposed sign “coordinate with the building design, materials, color, size, and placement” as illustrated below. The wood color and material of the sign will match the wood tones of the building.

The proposed signage also complies with sign legibility preferred standards with regards to:

Providing a brief message
Avoiding faddish and bizarre typefaces
Using significant contrast
Using easy to read lettering styles.

Sign Color. The sign colors will match those of the Crow’s Nest and increase cohesion between the two buildings, and the sense that one is at a place.

Sign Illumination. The proposed sign would not be internally illuminated.

Monument Sign. The monument sign complies with the other requirements of the Design Guidelines, as follows:

It is “placed perpendicular to the street.”
As conditioned, it will be “placed so that sight lines at entry driveways, pedestrian throughways, and circulation aisles are not blocked.” It provides “architectural elements on the sides and top to frame the sign pane(s).” It incorporates materials and colors that are “compatible with materials and colors of the development the sign serves.” It is in “scale with its adjacent building.”
While it does not “incorporate landscaping at the Sign Base”, the site is a restored nature landscaping and artificial landscaping would be out of place at the foot of this sign.

As conditioned, the proposed La_BONE-atory, landscaping and signage are consistent with the City’s Design Guidelines.

ATTACHMENTS
LCP Amendment Attachments
A Resolution of the City Council Submitting a Local Coastal Plan Amendment Application (LCP 1-24) to the Coastal Commission to Amend Map LU-4 of the Coastal General Plan to add a Third Plan Area; and Amend Table 2-10 of the CLUDC to Allow a Science Center With a Use Permit in the Public Facilities Zoning District; and Amend the General Plan Land Use Map and the Zoning Map to: i) Rezone the Noyo Center Parcel to Public Facilities Zoning District, and ii) Rezone the Coastal Trail Parcels to Parks & Recreation Zoning District and iii) Rezone the Sherwood Valley Band of Pomo (SVBP) Parcels as Low or Medium Density Residential zoning.

LCP Amendment - Coastal Act Consistency Analysis
LCP Amendment - Land Use & Transportation Analysis
LCP Amendment - Coastal General Plan and CLUDC Consistency Analysis.

Overview of the Comprehensive Planning Process for the LCP Amendment.

Maps from the comprehensive planning process illustrating proposed zoning changes.

A Resolution of the Fort Bragg Planning Commission recommending that the City Council submit LCP Amendment 1-24 to the Coastal Commission to: 1) amend MAP LU-4 of the Coastal General Plan to add a third plan area; and 2) amend table 2-10 of the CLUDC to allow a Science Center with a use permit in the Public Facilities zoning district; and 3) amend the zoning map to: a) rezone the Noyo Center parcel to Public Facilities zoning district, b) rezone the coastal trail parcels to Parks & Recreation zoning district and c) rezone the Sherwood Valley Band of Pomo (SVBP) parcels as Low or Medium Density Residential zoning.

Noyo Center Planning Permit Attachments
A Resolution of the Fort Bragg City Council approving 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-square-foot warehouse/workshop, and associated access road, sewer and water lines, and parking at Jere Melo Road.

Site Plan
Proposed Building Elevations
Landscaping Plan
Signage Plan
Color Swatches
Lighting Fixtures
Biological Report and Alternatives Analysis
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-square-foot warehouse/workshop, and associated access road, sewer and water lines, and parking at Jere Melo Road.

Fort Bragg City CouncilSeptember 9, 2024

Fort Bragg City Council
September 9, 2024