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 REGULAR MEETING Thursday, February 9, 2023, 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) or by utilizing the link to join the meeting posted on both the City of Crescent City – 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 comment via 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 12:00 p.m. 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. Notice regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (707)464-7483, ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102- 35.104 ADA Title II]. For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, Crescent City, CA or on our website: www.crescentcity.org ZOOM PHONE NUMBER: 1 (669) 900-6833 WEBINAR ID: 872 8398 7640 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9 I. CALL TO ORDER: ROLL CALL: PLANNING COMMISSION AGENDA 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: IVA. Approve minutes from the December 8, 2022, Regular Planning Commission Meeting. IVB. Approve minutes from the January 5, 2023, Special Planning Commission Meeting. V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: VA. Approve UP22-04 to allow a massage therapy and esthetician services by Nissa Henderson. VI. NEW BUSINESS: VIA. AB2339 Emergency Shelters Briefing: Commission will be presented with AB2339 requirements, current emergency services in the City, and potential zones to comply. VII. CONTINUING BUSINESS: VIIA. Receive public comment on the City’s Draft 6th Cycle Housing Element. VIII. 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. IX. ADJOURNMENT: Adjourn to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday, March 9, 2023, at 5:30 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531 and via Zoom. POSTED: February 6, 2023 By: Heather Welton Office Technician PLANNING COMMISSION AGENDA  IVA 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 MINUTES REGULAR MEETING Thursday, December 8, 2022, at 5:30 p.m. VIRTUAL VIA ZOOM I. CALL TO ORDER: Vice Chair Walp called the meeting to order at 5:30 p.m. ROLL CALL: Commissioners present: Commissioner Betsy Dewar, Commissioner Brad Kime, Vice-Chair Ray Walp Commissioners absent: Chairman John Wendt Staff present: City Manager Eric Wier, Contract Principal Planner Bob Brown, Contract Planner Ethan Lawton, Contract Planner Sophia Ross and Office Technician Heather Welton II. PUBLIC COMMENT: There were no members of the public present at the meeting. III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: IVA. Approve minutes from the September 8, 2022 Regular Planning Commission Meeting. On a motion by Commissioner Kime, seconded by Commissioner Dewar, and carried on a 3-0 polled vote, with Chairman Wendt absent, the City of Crescent City Planning Commission and Architectural Review Committee approved the meeting minutes for September 8, 2022, as presented. IVB. Approve minutes from the October 13, 2022 Regular Planning Commission Meeting. On a motion by Commissioner Kime, seconded by Commissioner Dewar, and carried on a 3-0 polled vote, with Chairman Wendt absent, the City of Crescent City Planning Commission and Architectural Review Committee approved the meeting minutes for October 13, 2022, as presented. IVC. Approve minutes from the November 10, 2022 Regular Planning Commission Meeting. PLANNING COMMISSION MINUTES On a motion by Commissioner Kime, seconded by Commissioner Dewar, and carried on a 3-0 polled vote, with Chairman Wendt absent, the City of Crescent City Planning Commission and Architectural Review Committee approved the meeting minutes for November 10, 2022, as presented. V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: None. VI. NEW BUSINESS VIA. Approve and Adopt Resolution No. PC2022-12, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361. On a motion by Commissioner Kime, seconded by Commissioner Dewar, and carried unanimously on a 3-0 polled vote, with Chairman Wendt absent, the City of Crescent City Planning Commission and Architectural Review Committee approved and adopted Resolution No. PC2022-12, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361. VIB. Review the City of Crescent City’s Draft 6th Cycle Housing Element and receive public comment. Bob Brown, Contract Principal Planner, gave a brief presentation on the City of Crescent City’s Draft 6th Cycle Housing Element that consisted of nine chapters and community outreach and comment. There was no public comment. The City of Crescent City’s Draft 6th Cycle Housing Element was discussed on a Commission level VII. CONTINUING BUSINESS: None VIII. REPORTS, CONCERNS, REFERRALS: VIIIA. Planning staff will provide a brief verbal update on planning related items. Contract Planner Ethan Lawton mentioned some use permits that are expected to go before the Commission in the upcoming months. City Manager Eric Wier told the Planning Commission that there was now a vacant seat on the Planning Commission and that Mohammad Amer was no longer on the Planning Commission. X. ADJOURNMENT: There being no further business to come before the Commission, Vice Chair Walp adjourned the meeting at 6:28 p.m. to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday January 12, 2023 at 5:30 p.m. via Zoom. PLANNING COMMISSION MINUTES ATTEST: ________________________ Heather Welton Office Technician PLANNING COMMISSION MINUTES  IVB 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 MINUTES SPECIAL MEETING Thursday, January 5, 2023 at 5:30 p.m. VIRTUAL VIA ZOOM I. CALL TO ORDER: Chairman Wendt called the meeting to order at 5:33 p.m. ROLL CALL: Commissioners present: Commissioner Betsy Dewar, Commissioner Kime, Vice-Chair Ray Walp and Chairman John Wendt Staff present: City Manager Eric Wier, Contract Planner Ethan Lawton, and Office Technician Heather Welton. II. PUBLIC COMMENT: There was no public comment. III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: None. V. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: None VI. NEW BUSINESS: VIA. Approve and Adopt Resolution No. PC2023-01, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361. On a motion by Commissioner Dewar, seconded by Vice Chair Walp, and carried unanimously on a 4-0 polled vote, the City of Crescent City Planning Commission and Architectural Review Committee approved and adopted Resolution No. PC2023-01, A resolution of the Planning Commission of the City of Crescent City Authorizing the use of Teleconferencing Provision under AB 361. VII. CONTINUING BUSINESS: None. VIII. REPORTS, CONCERNS, REFERRALS: City Manager Eric Wier went over the current teleconferencing allowance. February will be the last virtual meeting and meetings will start taking place in person again. PLANNING COMMISSION MINUTES Teleconferencing was discussed on a commission level. Commissioner Kime spoke about how a lot of the trash cans in the city limits are completely stuffed with trash and trash is often laying on the ground around the trash cans. City Manager Eric Wier said the trash cans could be brought back as an agenda item to discuss and take official direction. City Manager Eric Wier said that there are three City Council candidates that will be going before the Council on Monday January 9th, 2023. There is one applicant for the vacant Planning Commission seat and applicants are still needed for the Measure S Oversite Committee. He then gave an update on the Front Street funding received from Community Project Funding and the Transportation Commission. He said around March the general development plan for Beachfront Park will be coming before the Planning Commission. Redwood Coast Transit Authority has approached the city to lease a parking lot for the design and construction of a transit hub and will be going before the City Council soon. Planning Consultant Ethan Lawton said that the teleconferencing resolution to extend virtual meetings until February could come before the Planning Commission at the January 12, 2023 meeting. X. ADJOURNMENT: There being no further business to come before the Commission, Chairman Wendt adjourned the meeting at 5:59 p.m. to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday January 12, 2023 at 5:30 p.m. via Zoom. ATTEST: ________________________ Heather Welton Office Technician PLANNING COMMISSION MINUTES  VA CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE STAFF REPORT Agenda Item # V.A TO: Planning Commission (Chairperson Wendt and Members of the Planning Commission) FROM: Community Development Department, Planning Department (Ethan Lawton, Consulting City Planner) PREPARED BY: Community Development Department, Planning Department (Sophia Ross, Consulting City Planner) DATE: February 9, 2023 SUBJECT: UP22-04 – Personal Services STAFF RECOMMENDED ACTIONS: I) Open the public hearing. i) Receive the Staff Report. ii) Receive public comments. II) Close the public hearing. III) Discuss and adopt the Recommended Findings. IV) Consider Alternatives and take action on the application #UP22-04 with any additional conditions adopted by the Planning Commission at the public hearing. BACKGROUND INFORMATION Project: A Use Permit for Personal Services providing licensed massage therapy and esthetician services. Applicant: Nissa Henderson Site Address: 475 H Street APN: 118-120-004 Lot Size: +/- 1,333 sq. ft. / +/- 0.0306 acres Project Size: +/-1,333sq. ft. General Plan Land Use: Business Professional Zoning: Residential Professional Coastal: No Surrounding Zoning/Uses: South – Residential Professional, East – Downtown Commercial, West – Residential Professional, North – Residential Professional. UP22-04 - Personal Services SR Page 1 of 7 February 9, 2023  Regular Planning Commission Meeting Agenda Item: V.A. Aerial Photo of Project Site Source: Google Earth, February 2023 Analysis: Staff believes that the proposed location of the use permit will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. PROJECT DESCRIPTION: The applicant, Nissa Henderson, has submitted a Use Permit application (UP22-04) to operate a Personal Service use that includes licensed massage therapy and esthetician services. The proposed use is to be located at 475 H Street (APN: 118-120-004). The applicant will succeed the existing “Melanie Clifton Massage Services”. Analysis: Staff believes that the proposed activity, as conditioned (see Attachment B), will not result in significant and unavoidable impacts on the environment. UP22-04 - Personal Services SR Page 2 of 7 February 9, 2023  Regular Planning Commission Meeting Agenda Item: V.A. GENERAL PLAN CONSISTENCY: The General Plan (GP) designates the project site within the Business Professional (BP) Zone. The Business Professional 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 the Business Professional as an area providing a strong business- oriented core including entertainment and retail stores. Analysis: Staff believes that the proposed licensed massage therapy and esthetician services are consistent with the General Plan land use designation as it provides a personal service similar to retail stores and entertainment uses. ZONING CODE CONSISTENCY: The Crescent City Municipal Code (CCMC) defines the following uses as conditionally permitted within the Residential Professional (R-P) District: 17.18.010 [R-P] Purpose. A. The purpose of the RP residential professional district is to provide transition between residential and commercial areas near the downtown core by providing for a mixture of residential and professional office uses. 17.18.025 [R-P] Uses permitted subject to a use permit. The following uses may be permitted subject to the granting of a conditional use permit: H. Personal services, such as beauty salons and barbershops Analysis: Staff believes the proposed massage therapy and esthetician services are consistent with the intent of the Personal Service definition in section H of CCMC 17.18.025. Therefore, the proposed project is a conditionally permitted use defined as “personal services” and is consistent with the Residential Professional District. UP22-04 - Personal Services SR Page 3 of 7 February 9, 2023  Regular Planning Commission Meeting Agenda Item: V.A. SITE PLAN & ARCHITECTURAL DESIGN REVIEW: The purposes of a site plan and architectural review are to permit the city to evaluate site plans and designs of structures to assure compatibility, harmony in appearance in neighborhoods, reduce negative impacts on adjacent properties and coastal visual resources, reduce the unnecessary destruction of the environment and ground cover to avoid the creation of hazardous conditions and drainage problems, to protect views to and along the coast and scenic areas, to minimize the alteration of natural landforms, and to ensure that development is compatible with the character of its surroundings, and subordinate to the character of its setting in designated “highly scenic areas;” to avoid monotonous and otherwise non-aesthetic development injurious to the overall community; to provide a vehicle to encourage full development of streets servicing the properties, and to assure full installation of all public utilities necessary to serve such properties (CCMC 17.79.010(A)). According to the CCMC 17.79.035(A) [Site Plan & Architectural Design Review] Review Standards, the application shall be reviewed for consistency with the following items: 1. Applicable Zoning: Residential Professional 2. Resource Protection: none 3. (Off-street) Parking: 2 4. Landscaping: none 5. Fencing: none 6. Signage: none 7. Street: none 8. Sidewalk: none 9. Public services requirements: none Analysis: Staff believes the proposed project meets the above criteria for the following reasons: Residential Professional personal service uses require between 2 and 3 parking spaces per service provider (CCMC section 17.42.060 (F)(2 and 3)). Ms. Henderson will be the only service provider at this business. The site currently offers 2 off-street parking spaces. Staff believes this is sufficient parking for the conditionally permitted use “Personal Services” in the Residential Professional district. USE PERMIT REVIEW: 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. Specific topics relating to compatibility are discussed below and conditions of the use permit are recommended based on the following. CCMC section 17.18.025 allows Personal Services within the Residential Professional district subject to securing a Conditional Use Permit. When considering the Personal Service Use, the Planning Commission should consider the following: UP22-04 - Personal Services SR Page 4 of 7 February 9, 2023  Regular Planning Commission Meeting Agenda Item: V.A. 17.54.010 [Use Permit] 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 [and 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. (Prior code § 30-500) Analysis: Staff believes the proposed project meets the above criteria for the following reasons: A) the proposed use is consistent with the Residential Professional zoning district while encouraging orderly growth (See Zoning Code Consistency Section); B-1) the proposed project is considerate of existing and potential uses of the proposed location (See Background Information and Project Description Sections); B-2) the proposed project has been determined exempt form CEQA under class 32 (See Environmental Determination Section); B-3) the proposed project site is suitable and adequate for present and future traffic, will not become a nuisance to the neighborhood, conforms with the general plan, makes provisions for adequate off-street parking, and other matters pertinent to the Business Professional land use zone (See General Plan Consistency, and Site Plan Review sections). ENVIORNMENTAL DETERMINATION: The proposed project is determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines: § 15332. In-Fill Development Projects. Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services. UP22-04 - Personal Services SR Page 5 of 7 February 9, 2023  Regular Planning Commission Meeting Agenda Item: V.A. Analysis: Staff believes the proposed project meets the above criteria for the following reasons: a) the proposed Personal Service use is consistent with the General Plan Designation of Business Professional and the Residential Professional Zoning District; b) the project site is located in the City of Crescent City, is approximately 1,333 sqft., and is located adjacent to Residential Professional uses along H Street; c) the project will be located on a developed site in an existing building that is surrounded by paved surfaces and contains no habitat for rare, threatened, or endangered species; d) the project proposes Personal Services in the business core of the City and has a limited potential to result in significant traffic, noise, air quality, or water quality impacts; and e) the site is already served by utilities and public services. ALTERNATIVES: The Planning Commission has the following alternatives to consider: 1. APPROVAL. Should the Planning Commission adopt all the recommended findings, planning staff will send the applicant an approval letter, after the 10-day appeal period, along with the resolution, as adopted by the Planning Commission during the public hearing. 2. DENIAL. Should the Planning Commission deny one of the recommended findings, planning staff will send the applicant a denial letter stating why the application was denied. The Commission’s actions may be appealed to the City Council within 10-days (CCMC 17.54.050). 3. REQUEST ADDITIONAL INFORMATION. Should the Planning Commission require additional information in order to make and adopt the findings, planning staff will follow up with the applicant requesting any additional information, which may delay this item to the next scheduled Planning Commission meeting agenda. STAFF RECOMMENDED FINDINGS: Based on all the information presented above, staff recommends that the Planning Commission make the following findings: 1. The proposed location of the use permit will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 2. The proposed activity, as conditioned, will not result in significant and unavoidable impacts on the environment. 3. The proposed project is consistent with the Crescent City General Plan. 4. The proposed project is consistent with the Crescent City Zoning Code. 5. The proposed project is consistent with Site Plan and Architectural Review standards. 6. The proposed project satisfies the use permit requirements. UP22-04 - Personal Services SR Page 6 of 7 February 9, 2023  Regular Planning Commission Meeting Agenda Item: V.A. 7. The project is categorically exempt from the California Environmental Quality Act (CEQA) under the Categorical exemption that CEQA applies to existing facilities (CEQA Guidelines §15332). 8. The proposed project to be approved with the Conditions of Approval found within Attachment B. Recommendation: Motion to adopt the recommended findings and to approve the UP22- 04 - Personal Services. ATTACHMENTS: A) Use Permit (UP22-04) Application B) Conditions for Approval UP22-04 - Personal Services SR Page 7 of 7 February 9, 2023 VA ATTACHMENT A  VA ATTACHMENT B Attachment B: Conditions of Approval Conditional Use Permit #UP 22-04: Personal Services On February 9, 2023, the Planning Commission approved the above application, subject to the following conditions: 1. Approval is for the project as described in the submitted Conditional Use Permit application (received 01/09/2023) and included as Attachment A to 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 17.18 (Residential-Professional District). 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. Use Permit Notes: All use permits are not personal to the applicant and permission granted under a use permit is an incident of ownership of the property for which it is granted. The owner of the property shall be responsible for compliance with the terms and conditions of issuance of a use permit (CCMC 17.54.030(B)). All use permits are always revocable and may be made conditional 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 (CCMC 17.54.020). Page 1 of 1