STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
APPLICANT/AGENT: Bill Hay, Jr.
PO Box 205
Point Arena, California 95468
OWNERS: William G. and Karen J. Hay
27201 Shoreline Highway
Gualala, California 95445
REQUEST: The applicant is requesting a Coastal Development Permit to allow for the construction of a new single story, 6,000 SF storage building with a 20 ft maximum average height above finished grade located at an existing industrial park. The proposed building is for storage only and will not be connected to utilities. A Use Permit is required for the expansion of the Industrial Park land use.
LOCATION: In the Coastal Zone, in the City of Point Arena, Mendocino County, located on the south side of Eureka Hill Road, approximately 0.6 mile west of its intersection with Highway 1, at 43451 Eureka Hill Road (APN: 027-221-18). See Attachment 1: Location Map.
APPEALABLE AREA: Not appealable
TOTAL ACREAGE: ±44.3 acres
GENERAL PLAN: Industrial (I): ±41.3 acres
Suburban Residential (SR-1): ±1.0 acre
Residential Agriculture (RA-2): ±2.0 acres
ZONING: Industrial (I): ±41.3 acres
Suburban Residential (SR-1): ±1.0 acre
Residential Agriculture (RA-2): ±2.0 acres
EXISTING LAND USE(S): Industrial Park, Residential
ADJACENT LAND
USES(S):
North: Eureka Hill Road / Public Facility / Rural Residential South: Rural Residential and Agriculture
East: Mendocino County Corporation Yard
West: Rural Residential and Agriculture
ENVIRONMENTAL
DETERMINATION:
Categorically exempt from CEQA—Class 1, Section 15303(c) and (e):
New Construction or Conversion of Small Structures
OTHER RELATED
APPLICATIONS:
A Coastal Development Permit and Use Permit for a 6,000 SF storage building was issued February 23, 2016, and expired on February 23, 2018. An extension was granted April 4, 2018, and expired on April 4, 2020.
PROJECT DESCRIPTION: The applicants are requesting a Coastal Development Permit and Use Permit to allow for the construction of a new single story, 6,000 SF storage building with a 20 ft maximum average height above finished grade located at an existing industrial park. The proposed building is STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
for storage only and will not be connected to utilities. See Attachment 2: Project Plans.
LOCAL COASTAL PROGRAM CONSISTENCY RECOMMENDATION: Staff recommends that the proposed project as conditioned is consistent with the applicable goals and policies of the Local Coastal Program as described in further detail in this report.
SUMMARY OF REFERRAL AGENCY COMMENTS:
City Engineer No response
Sewer District No response
Point Arena Water Works No comment
Coastal Commission No response
Redwood Coast FPD No response
MC Environmental Health No comment
MC Building Department Updated plans with current engineering approval will be required—submitted plans have expired stamp
Air Quality Management Dist. No response
California Dept. of Fish and Wildlife No response
US Dept. of Fish and Wildlife No foreseeable potential negative impacts to federally listed species, including PAMB
Regional Water Quality Control Board No response
Manchester Band of Pomo No response
BACKGROUND
A Coastal Development Permit (CDP) for a 6,000 SF storage building was issued on July 18, 2011 and expired on July 18, 2013 without the permit being vested.
The applicant applied for and received approval of a new CDP (CDP 2015-03) and Use Permit (UP 2015-02) for a 6,000 SF storage building on February 23, 2016. The permit expired February 23, 2018, without being vested. On April 4, 2018, the City approved a renewal of the originally approved CDP and Use Permit which expired on April 4, 2020, without being vested. No further renewals or extensions are allowable per City code, and this application represents a resubmittal and request for a new approval of the project.
Conditional Use Permit
Pursuant to the requirements of the Industrial zoning district, all uses in the Industrial zone require a Use Permit (UP). Staff reviewed the City’s files in 2015 for the project site and was unable to find any Use Permit for the property. Staff believed there was no Use Permit on file as the project site was annexed into the City from the County on April 13, 1990 (City of Point Arena Local Plan Amendment #1-89), without the requirement to comply with the City’s zoning ordinance. Due to the requirements of the zoning ordinance, a Use Permit was included as part of the entitlement process in 2015 to bring the project site into compliance with the City’s zoning ordinance. This Use Permit, as approved in 2015 and renewed in 2018, ultimately expired in 2020. This application requests a new Use Permit for the project.
STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
As part of the approval for a Use Permit, the Council must find that the proposed use is necessary for and compatible with the neighborhood and surrounding community (see the full list of Use Permit findings at the conclusion of this report).
The Hay Road Industrial Park is an existing use located on 44.3 acres. Most of the industrial activities occur on the Industrial zoned portion of the site; however, a portion of the industrial activities occur in the RA-2 zone. The current industrial activities on the RA-2 portion are considered existing, non-conforming and allowed to continue.
As described in the City’s zoning ordinance, “the Industrial zone is suitable for non-nuisance industrial activities which are not suitable by virtue of their performance for location in commercial districts or proximate to living and tourist areas and can be expected to contribute to Point Arena’s economic development and tax revenues.” The existing industrial facility provides a necessary use and the existing facility and new storage building is consistent with the City’s General Plan and Industrial zoning district requirements. Existing tree plantings on Eureka Hill Road provide adequate screening of the site and existing onsite parking is available to meet the site’s needs. Staff recommends that the proposed storage facility is compatible with the surrounding area, and the findings for Use Permit approval can be made.
LAND USE AND ZONING
Zoning / General Plan
The parcel is split zoned on the City’s Coastal Plan Land Use and Zoning Map. See Attachment 3:
Zoning Map. Approximately 41.3 acres are classified as Industrial (I) and the remainder is classified Suburban Residential (SR-1) and Residential Agriculture – 2 acres (RA-2). Industrial activities occur within the confines of the Industrial zoned portion of the property and a portion of the RA-2 zoning district. The industrial activities occurring on the portion of the RA-2 zoning district are considered existing and nonconforming. Per Section 18.25.170 of the Point Arena Municipal Code (PAMC), the existing industrial use is allowed to continue. An existing single-family residence is located on the SR-1 zoned portion.
The proposed construction of the new storage building will occur on the Industrial portion of the site and is an allowed use as it supports the industrial activities currently onsite. The Industrial zone is suitable for non-nuisance industrial activities which are not suitable by virtue of their performance for location in commercial districts or proximate to living and tourist areas and can be expected to contribute to Point Arena’s economic development and tax revenues. All development in the Industrial zone shall avoid impacts to the immediate area from noxious or offensive emissions such as noise, glare, dust, odor, chemical pollution, or other pollution. All uses and expansion of uses in the Industrial zone require a Conditional Use Permit.
Height Limits
The maximum building height limit in the Industrial zone is 45 feet per PAMC Section 18.200.100.
The proposed storage building has a 20-foot maximum average height above finished grade, which complies with the maximum building height limit for the Industrial zoning district.
Setbacks
STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
The new storage building would be located completely within the Industrial zoning district, and therefore, needs to comply with the Industrial zoning district setback requirements per PAMC Section 18.20.100:
Setbacks Required Proposed
Front 30 feet ±500 feet
Rear 20 feet ±950 feet
Side, west 20 feet ±850 feet
Side, east 20 feet ±350 feet
The setbacks as proposed comply with the Industrial zoning district requirements.
The following reviews the project’s consistency with various policies of the zoning code that are specifically applicable to this development type but not discussed elsewhere in this report.
Landscaping and Screening (18.25.140)
Section 18.25.140 provides regulations that are intended to protect individual properties from the negative effects of traffic and to improve the appearance and environmental quality of Point Arena.
In order to achieve these objectives, new developments in the MR, C, HWC, HC, and I zones shall be required to submit for approval as part of any coastal development or other permit application landscaping and screening plans.
A continuous landscape of trees and shrubs are currently located along the property’s frontage of Eureka Hill Road and for a length of approximately 570 feet along the eastern property line. See Attachment 4: Aerial Map. The addition of the new storage building which is located 500 feet from the front property line and 350 feet from the eastern property line will be screened by the existing landscaping and will not have a negative effect on traffic along Eureka Hill Road or adjacent properties. Therefore, staff is not recommending any additional landscaping or screening at this time.
Parking (18.25.280)
Section 18.25.280 regulates off-street parking to ensure that accessible and well-maintained parking facilities are provided, to reduce traffic congestion and thereby allow the more efficient utilization of the street right-of-way. Section 18.25.280 enumerates the required parking spaces based on land uses. Parking space requirements for industrial uses are to be determined on a case-by-case basis by the Planning Commission.
Off-street parking is currently available at various locations onsite and the construction of a new building for storage purposes will not increase the need for additional off-street parking. Therefore, adequate parking exists onsite, and no new parking spaces are recommended for the proposed storage building.
Access and Circulation (18.25.080)
The project site is accessed from Eureka Hill Road via an existing developed access road known as Hay Parkway. No new access is proposed as part of the project. The entrance to the industrial site includes a short gravel approach for vehicles entering from the west. Site distances from the access STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
are greater than 300 feet in both directions. The existing approach and access will continue to be sufficient to serve the industrial site.
PUBLIC ACCESS
The City adopted a Community Action Plan (CAP) in 2010 that recommends transportation and circulation improvements including future access trails throughout the City. The CAP includes a Trails Map that shows potential future trail locations. See Attachment 5: CAP Trail Map. There are no existing or mapped potential public access routes in the vicinity. The proposed project will not impact any existing or proposed future public access.
HAZARDS
Flooding
The property is located outside the 100 Year Flood Zone according to the FEMA flood map (Flood Insurance Rate Map 060185-1740-G, see Attachment 6: Flood Map). Flood hazards are not anticipated to be an issue for this project.
Geology
The property is not located in an area with steep slopes according to the General Plan’s Natural Hazards Map. See Attachment 7: Natural Hazards Map. As shown on the map, steep slopes are depicted to the northeast of the project, but not within the project footprint.
The project site is also outside of areas shown on the Natural Hazards Map as hazardous bluffs, and east of the Hathaway Creek Fault line. The building will be required to comply with the California Building Code, which addresses seismic standards, and will be reviewed for consistency with Building Code through the Building Permit review and approval process. Geologic hazards are not anticipated to be an issue for this project.
Fire
The project was referred to the Redwood Coast Fire Department on December 2, 2021. The fire department did not respond to the City with any concerns regarding the project.
VISUAL RESOURCES
The project site is not located within a designated Viewshed or Scenic Corridor as shown on the City’s Scenic Corridors map. See Attachment 8: Scenic Corridors. Therefore, the project as proposed will not be an impact to visual resources.
NATURAL RESOURCES
The project site is not expected to contain rare or protected biological resources, per the City’s Biological Resources and Trails map. See Attachment 9: Biological Resources. Additionally, the building site is located within a developed industrial park and would not convert an open space or natural area to development.
The project was referred to Gregory Schmidt of the United States Fish and Wildlife Service (USFWS) for comment. Mr. Schmidt responded that he does not “foresee any potential negative STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
impacts to federally listed species including the Point Arena mountain beaver due to construction of the 6,000 SF steel storage building.”
With the lack of rare or protected biological resources (per City mapping), and concurrence from USFWS that the project will not cause negative impacts to protected species, the project is consistent with City policies protecting natural resources.
ARCHAEOLOGICAL RESOURCES
The project is located within an existing industrial park, and the proposed work will occur on a disturbed portion of the site. The project was referred to the Manchester-Point Arena Rancheria, Noyo River Indian Community, Round Valley Reservation/Covelo Indian Community and Stewarts Point Rancheria, as required by Assembly Bill #52. No comments were received. The project is not anticipated to impact archaeological or historical resources; however, staff recommends the following condition or approval:
Special Condition 1: If any person excavating or otherwise disturbing the earth discovers any archaeological site during project construction, the following actions shall be taken: a) cease and desist from all further excavation and disturbances within 25 feet of the discovery; b) notify City of Point Arena Planning Staff within 24 hours of the discovery; and c) retain a professional archaeologist to determine appropriate actions in consultation with stakeholders.
UTILITIES
The proposed storage building is for storage only and will not be connected to any utilities.
Therefore, the proposed project would not impact groundwater resources or existing utility capacity.
PROJECT FINDINGS AND CONDITIONS
Recommended Action
Pursuant to the provisions of Chapter 18.30.080 and Chapter 18.30.090 of the Point Arena Municipal Code, the City Council approves the proposed project and adopts the following findings and conditions of approval.
Coastal Development Permit Findings
1. The proposed development as described in the application and accompanying materials, asmodified by any conditions of approval is in conformity with the city of Point Arena’s certifiedlocal coastal program and will not adversely affect coastal resources. The project would develop a structure within an established industrial park on already-disturbed land, minimizing the potential for adverse impacts on coastal resources; and
2. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code). The project is not located between the first public road and the sea. Additionally, the City’s STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
Community Action Plan does not depict any existing or proposed public access within or near the project parcel. The project would not preclude or impact any existing or future public access or public recreation opportunities; and
3. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment. Conditions of approval are required where necessary to lessen adverse effects on the environment; and
4. The proposed use is consistent with the purposes of the zone in which the site is located.
The City’s Zoning Map designates the location of the project as within the Industrial zoning district, where industrial uses are allowable with an approved Use Permit. The project would expand the existing industrial use, consistent with the zoning district; and
5. The proposed development is in conformance with the city of Point Arena’s general plan.
The City’s Land Use Map classifies the project as Industrial, where industrial uses are allowable with an approved Use Permit. The project would expand the existing industrial use, consistent with the General Plan; and
6. 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. The project would expand an ongoing industrial property, consistent with and not detrimental to the properties in the vicinity;and
7. Services, including, but not limited to, water supply, sewage disposal, solid waste, and publicroadway capacity have been considered and are adequate to serve the proposed development. The project does not include installation of water or sewage service, and would not require additional or new water, sewer, waste, or roadway capacity or connections.
Use Permit Findings
1. The proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community. The industrial use is proposed on a parcel zoned for and already in use for industrial operations. Surrounding land uses include an electrical substation and County corporation yard. The project is compatible with surrounding land uses; and
2. The project as proposed will not be detrimental to the health, safety, convenience or generalwelfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
a. The nature of the proposed site, including its size and shape, and the proposed size,shape and arrangement of structures. The project is consistent with existing industrial development in the vicinity; and STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
b. The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading.The project meets the City’s parking requirements, and the new storage building will have little impact on traffic or circulation in the area; and c. The proposed use would be located within the Industrial zoning district, which is “suitable for non-nuisance industrial activities which are not suitable by virtue of their performance for location in commercial districts or proximate to living and tourist areas,” per PAMC Section 18.20.100. Any project related noise, glare, dust, or odor nuisances would be subject to the City’s nuisance abatement ordinance (PAMC Section 8.05). Approval of the storage facility does not permit use of the property in conflict with the City’s nuisance abatement ordinance; and
d. Treatment given, as appropriate, to such aspects as landscaping, screening, openspaces, parking and loading areas, service areas, lighting and signs. Existing tree screening along the roadway shields the industrial use from public areas, and existing facilities within the industrial park will provide the infrastructure needed for the new storage facility.
3. The project as proposed will comply with the applicable provisions of this title, will be consistent with the policies and programs of the general plan and will assist in carrying out and be in conformity with the Point Arena coastal program. The parcel is zoned and designated by the General Plan as Industrial, where industrial uses are allowable with an approved Use Permit. The project would allow for the expansion of the industrial use, consistent with the General Plan. The project requires approval of an accompanying Coastal Development Permit to ensure conformity with the Local Coastal Program; and
4. That the proposed use or feature will have no significant adverse environmental impact orthere are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the conditional use permit may have on the environment. Conditions of approval are required where necessary to lessen adverseeffects and impacts on the environment.
Standard Conditions
1. This action shall become final on the date of approval. No appeal periods apply. The permit shall expire and become null and void at the expiration of two years after the effective date, except where construction and use of the property in reliance on such permit has been initiated prior to its expiration.
To remain valid, progress towards completion of the project must be continuous. The applicant has sole responsibility for renewing this application before the expiration date. The City will not provide a notice prior to the expiration date.
STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
2. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Title 18 of the Point Arena Municipal Code.
3. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the City of Point Arena Planning Commission or its successor agency.
4. This permit shall be subject to the securing of all necessary permits for the proposed development from City, State and Federal agencies having jurisdiction.
5. The applicant shall secure all required building permits for the proposed project as required by the Building Inspection Division of the Mendocino County Department of Planning and Building Services.
6. This permit shall be subject to revocation or modification upon a finding of any one or more of the following:
a. The permit was obtained or extended by fraud.
b. One or more of the conditions upon which the permit was granted have been violated.
c. The use for which the permit was granted is conducted so as to be detrimental to the public health, welfare or safety, or 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 such conditions.
7. This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void.
8. A two-year limitation applies to all coastal development, variance, conditional use, design review, planned residential development, or comprehensive development plan permits. If development has not commenced within two years from the granting of a permit, the permit shall be void, except where construction and or use of the property in reliance on such permit has been initiated prior to its expiration. To remain valid, progress toward completion of the project must be continuous. On or before the date of expiration of a coastal development permit, variance, conditional use permit, design review, planned residential development, or comprehensive development plan, the person holding the permit shall apply for a renewal of said permit if the use is to be continued beyond the date of expiration or the development cannot be initiated prior to expiration. A renewal could be processed under Administrative review by the City, on a cost-recovery basis, for a renewal period of two years.
STAFF REPORT FOR COASTAL DEVELOPMENT PERMIT CDP 2021-06 / UP 2021-02 (Hay) AND USE PERMIT January 25, 2022
Special Conditions
1. The following archaeological resource protection measures shall be observed: If any person excavating or otherwise disturbing the earth discovers any archaeological site during project construction, the following actions shall be taken: a) cease and desist from all further excavation and disturbances within 25 feet of the discovery; b) notify City of Point Arena Planning Staff within 24 hours of the discovery; and c) retain a professional archaeologist to determine appropriate actions in consultation with stakeholders.
Staff Report prepared by:
_______________________________ January 12, 2022
Scott Perkins Date
City Planner
ATTACHMENTS
1. Location Map
2. Project Plans
3. Zoning Map
4. Aerial Map
5. CAP Trail Map
6. Flood Map
7. Natural Hazards Map
8. Scenic Corridors
9. Biological Resources
ATTACHMENT 1: LOCATION MAP
ATTACHMENT 2: PROJECT PLANS
ATTACHMENT 2: PROJECT PLANS (CONT.)
ATTACHMENT 2: PROJECT PLANS (CONT.)
ATTACHMENT 2: PROJECT PLANS (CONT.)
ATTACHMENT 2: PROJECT PLANS (CONT.)
ATTACHMENT 2: PROJECT PLANS (CONT.)
ATTACHMENT 3: ZONING MAP
ATTACHMENT 4: AERIAL MAP
ATTACHMENT 5: CAP TRAIL MAP
ATTACHMENT 6: FLOOD MAP
ATTACHMENT 7: NATURAL HAZARDS MAP
ATTACHMENT 8: SCENIC CORRIDORS
ATTACHMENT 9: BIOLOGICAL RESOURCES