Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime Incorporated April 13, 1854 web: www.crescentcity.org AGENDA SPECIAL MEETING Thursday, January 20, 2022 at 5:30 p.m. VIRTUAL VIA ZOOM The public may access and participate in the public meeting using one or more of the following methods: 1) Participate live online via Zoom (details below) by utilizing the link to join the meeting posted on both the City of Crescent City’s City Hall Facebook page and the City of Crescent City website (www.crescentcity.org). Public comment may be made by using the raise hand feature on Zoom; 2) Public comments may be made in advance by submitting written comments via email to publiccomment@crescentcity.org or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to noon the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the Planning Commission and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting. ZOOM PHONE NUMBER: (669) 900 6833 WEBINAR ID: 817 0841 2385 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9 I. CALL TO ORDER: ROLL CALL: II. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: None. V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: V.A USE PERMIT (UP21-04) FOR HONG WANG – MIXED USE (COMMERCIAL/RESIDENTIAL) Staff recommends that the Planning Commission take the following actions: A) Open the public hearing. 1) Receive the Staff Report on the Conditional Use Permit application. 2) Receive public comments on the Conditional Use Permit application. B) Close the public hearing C) Adopt the Recommended Findings. D) Approve the Conditional Use Permit #CUP21-04 subject to the attached conditions of approval and (any additional conditions adopted by the Planning Commission at the public hearing). VI. CONTINUING BUSINESS: None VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. VIII. ADJOURNMENT: Adjourn to the regularly scheduled meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday February 10, 2021 at 5:30 p.m. via Zoom. POSTED: January 13, 2022 By: Corrie Fowles Planning Commission Secretary  Crescent City Planning Commission December 9, 2021 Staff Report Agenda Item#: V.A. Application #: UP21-04 Recommended Actions: Staff recommends that the Planning Commission take the following actions: A) Open the public hearing. 1) Receive the Staff Report on the Conditional Use Permit application. 2) Receive public comments on the Conditional Use Permit application. B) Close the public hearing C) Recommend Action: Adopt the Recommended Findings. D) Recommend Action: Approve #CUP21-04 subject to the attached conditions of approval (and any additional conditions adopted by the Planning Commission at the public hearing). Project: Mixed Use (Commercial/Residential) Conditional Use Permit for Hong Wang. Applicant: Hong Wang Representative: Bob Nomura Site Address: 343 G Street APN: 118-130-028 Lot Size: +/- 8,276 sq. ft. / +/- 0.190 acres Project Size: +/- 2,000 sq. ft. General Plan Land Use: Commercial Business-Professional (BP) Zoning: C-1 (Downtown Business District) Coastal: No Surrounding Zoning Districts: South – C-W (Waterfront Commercial District) East - C-1 (Downtown Business District) West - C-1 (Downtown Business District) North – C-1 (Downtown Business District) Photo: Google Earth (2021) Background & Project Description: The applicant is requesting approval of a Use Permit to allow a mixed use (commercial/residential), with the first floor being commercial and the second floor being residential. This proposed project is located on an existing (C-1) commercial parcel at 343 G Street (APN 118-130-028). General Plan Consistency: The general plan designates the project site within the Business-Professional (BP). The BP land use designation reads as follows: Business-Professional (BP) This designation provides for a strong business/government/professional core in downtown Crescent City. This designation essentially serves as a transition between residential districts and commercial districts. Multiple-unit residential uses are permitted as a secondary use at a density of 6 to 15 units per acre. The maximum FAR for non- residential buildings in this designation is 0.85. Examples of specific uses permitted under this designation generally include the following: medical offices and clinics, law firms; accountant offices; insurance, real estate, and financial offices; government facilities  (including corporation service yards); social services; entertainment; nonprofit organizations; travel agencies; retail stores, including specialty food production and sales; restaurants; and multi-family residential units. The General Plan envisions “a transition between residential districts and commercial districts” which is achieved through mixed-use. However, residential is considered a “secondary use” and requires a conditional use permit per the CCMC. Staff believes that the proposed mixed use (commercial/residential) use is consistent with the Land Use Plan in that it provides a local serving “a transition between residential districts and commercial districts.” Zoning Code Consistency: The Crescent City Municipal Code (CCMC) defines the following purpose and uses permitted in the C-1 District: 17.20.010 Purpose. A. The purpose of the C-1 downtown business district is to provide for a strong business, government and professional core in the downtown area and to serve as a transition area between nearby residential and commercial areas. 17.20.025 Uses subject to a use permit. The following uses may be permitted subject to the granting of a conditional use permit: D. New residential units up to forty-five units per acre density that are mixed with commercial or business use; Staff believes that the proposed project is a permitted use with a use permit defined as mixed use (commercial/residential) located inside a building. Therefore, the proposed project is consistent with the C-1 Downtown Business District. However, as previously discussed the mixed use does require a use permit (refer to Use Permit Review below for further details). Use Permit Review – Specific Topics The purpose of issuing a use permit is to assure that a degree of compatibility shall be maintained with respect to the particular use on a particular site and consideration of other existing and potential uses within the general area in which such use is proposed to be located. Also, to recognize and compensate for variations in degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards to ensure the use will not become a nuisance to the neighborhood. Specific topics relating to compatibility are discussed below and conditions of the use permit are recommended based on the following: CCMC Title 17 Zoning, Section 17.20.025(D) allows mixed use (Commercial/Residential) in the C-1 District subject securing a Conditional Use Permit. 17.20.025 Uses subject to a use permit. The following uses may be permitted subject to the granting of a conditional use permit: D. New residential units up to forty-five units per acre density that are mixed with commercial or business use; When considering the Use Permit the Planning Commission should consider following use permit requirements: 17.54.010 Purpose. A. These provisions do not negate the specific uses designated for each zoning district, but rather serve as a supplemental guide providing added protection to existing zoning districts and at the same time encouraging orderly growth. B. The purpose of issuing a use permit shall be: 1. To assure that the degree of compatibility made the purpose of this chapter shall be maintained with respect to the particular use on a particular site and consideration of other existing and potential uses within the general area in which such use is proposed to be located, and 2. To recognize and compensate for variations in degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards; 3. To assure that such use will be placed on a site that is both suitable and adequate and that the use will have a minor effect on present and future traffic and that such use will not become a nuisance to the neighborhood and such use conforms with the general plan and makes provisions for adequate off-street parking and loading, as well as landscaping and screen planning, as well as other matters pertinent to the particular case. Staff Analysis: The proposed mixed use (commercial/residential) in the C-1 district does not meet the criteria for principally permitted uses per Zoning Code but is allowed with a Use Permit per Section 17.20.025 (D) of the Crescent City Municipal Code. Due to the city’s need for additional housing, additional businesses, and promotion of mixed use within the downtown area the staff supports the approval of the use permit. Architectural Review: No proposed changes to the existing exterior. Google (2017) Environmental Determination: The proposed project is exempt from the California Environmental Quality Act (CEQA) under the Categorical exemption section 15301 Existing Facilities allowing conversion of single-family residence to office use. (CEQA Guidelines §15301). § 15301. Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; Recommended Findings: Staff recommends that the Planning Commission make the following findings: A. The proposed project is consistent with the Crescent City General Plan and Municipal Code. B. Approve the Site Plan and Architectural Review. C. Approve the Conditional Use Permit D. The proposed activity, as conditioned, will not result in significant and unavoidable impacts on the environment. E. The project is categorically exempt from the California Environmental Quality Act (CEQA) under the Categorical exemption that CEQA applies to existing facilities (CEQA Guidelines §15301[a]). F. The proposed location of the conditional use and the conditions under which it would 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. Further Action: No further action on this item is necessary unless the Commission’s actions are appealed to the City Council. Attachments: A) Conditions of Approval B) UP Application C) Proposed Site Plans  Use Permit #UP21-04 Mixed Use (Commercial/Residential) Conditions of Approval On December 16th, 2021, the Planning Commission approved the above application, subject to the following conditions: 1. Approval is for the project as described in the site plan (dated 1-4-05) submitted with the Conditional Use Permit application and included as Attachment C in the staff report. 2. The applicant will be required to comply with all requirements of the City’s Municipal Code including, but not limited to, Chapters 17.20 (Downtown Business). 3. The applicant must meet all requirements of the various City Departments including, but not limited to, the City Manager, Public Works Department, City Engineer, Police Department, Fire Department, Building Department, and Planning Department. 4. The applicant shall obtain building permits from the Building Department for any improvements that require a permit pursuant to the building code. 5. The applicant shall obtain business permit(s) from the Business Department for any commercial/business operations. 6. All use permits are always revocable and may be made conditional or valid for a specific time period and shall be issued by the planning commission or by the affirmative vote of the city council upon appeal for any of the uses for which a use permit is required by the terms of this title. Use permits must be obtained for those uses designated as requiring use permits under this title whether use be in connection with new construction, additions or enlargements or extensions of use.