Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL DESIGN REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime • Candace Tinkler Incorporated April 13, 1854 web: www.crescentcity.org AGENDA - REGULAR MEETING Thursday, July 13, 2023, at 5:30 p.m. WWTP, 210 Battery Street, Crescent City, CA 95531 This meeting will be held in person at the location listed above. The City will provide alternative methods of participation for the convenience of the public. However, the City does not guarantee that there will not be technological issues or interruptions. The public is hereby notified that if there is a technological issue with Zoom, the meeting will continue in person as scheduled. The public may access and participate in the public meeting using one or more of the following methods: 1) Zoom: The meeting will be streamed via Zoom (details below). The direct Zoom link will also be posted on the City of Crescent City website (www.crescentcity.org). During the meeting, public comment may be made by using the raise hand feature on Zoom; ZOOM PHONE NUMBER: 1 (253) 215-8782 ZOOM WEBINAR ID: 815 5418 1080 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9 2) In-Writing: Public comments may also 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 OPEN SESSION: Call to Order Regular PC Meeting - Agenda Page 1 of 3 Thursday, July 13, 2023  City of Crescent City Planning Commission and Architectural Design Review Committee Roll Call Approve Agenda PUBLIC COMMENT PERIOD: 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)). CONSENT CALENDAR: 1. Planning Commission Meeting Minutes • Recommendation: Approve minutes from the April 20, 2023 CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: 2. Public Hearing: VAR23-02 – George Decossio [1215 South Pebble Beach Drive: APN 118-302-014] CEQA Determination: The proposed project is determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15303 (New Construction) and §15332 (In-Fill Development Projects). • Recommendation: Open Public Hearing and receive staff report presentation from Planner Ross • Technical questions from the Commission • Open/Receive/Close public comment and Close Public Hearing • Further Commission discussion • Adopt the recommended findings and approve the VAR23-02 Application, as conditioned in Attachment B, by way of Resolution PC2023-08. 3. Public Hearing: AR23-10: WITHDRAWN FROM THE AGENDA Sam Schauerman [215 E Washington Blvd.: APN 118-403-002] CONTINUING BUSINESS: (NONE) NEW BUSINESS: 4. Planning Commission Elections • Recommendation: Nomination(s) of Chairperson and Vice-Chairperson • Poll Vote REPORTS, CONCERNS, REFERRALS: Regular PC Meeting - Agenda Page 2 of 3 Thursday, July 13, 2023  City of Crescent City Planning Commission and Architectural Design Review Committee 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. 5. General Plan Annual Progress Report (APR) • Recommendation: Receive Report from Planner Ross 6. Planning & Zoning Report • Recommendation: Receive Report from Planner Ross ADJOURNMENT: Adjourn to the regular meeting of the City of Crescent City Planning Commission and Architectural Design Review Committee scheduled for Thursday, August 10, 2023, at 5:30 p.m. in the Wastewater Treatment Plant (WWTP), 210 Battery Street, Crescent City, CA 95531. POSTED: July 10, 2023 By: Heather Welton Office Technician Regular PC Meeting - Agenda Page 3 of 3 Thursday, July 13, 2023  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: John Wendt, Chairperson • Ray Walp, Vice-Chair Betsy Dewar • Brad Kime • Candace Tinkler Incorporated April 13, 1854 web: www.crescentcity.org MINUTES SPECIAL MEETING Thursday, April 20, 2023, at 5:30 p.m. WWTP, 210 Battery Street, Crescent City, CA 95531 I. CALL TO ORDER: Chairman Wendt called the meeting to order at 5:30 p.m. ROLL CALL: Commissioners present: Commissioner Betsy Dewar, Commissioner Brad Kime, Vice-Chair Ray Walp and Chairman John Wendt Commissioners absent: Commissioner Tinkler Staff present: City Manager Eric Wier (virtually), City Attorney Martha Rice, Fire Chief Kevin Carey, Public Works Director David Yeager, Community Development Director Bob Brown (virtually), Contract City Planner Ethan Lawton, IT/GIS Taylor Patch, and Office Technician Heather Welton II. PUBLIC COMMENT: Ray Walp, City Resident- Spoke about a project on 5th and C Street, his neighboring parcel. He said he brought multiple concerns to the City of Crescent City and some issues have happened to his parcel due to the neighboring parcels construction. He said that the City may be responsible for damages because the contractor used City approved plans. III. CONSENT CALENDAR: None. III.A: Planning Commission Meeting Minutes Approve minutes from the January 12, 2023, February 9,2023, and March 9, 2023, Regular Planning Commission Meetings. On a motion by Commissioner Kime, seconded by Vice Chair Walp, and carried unanimously on a 4-0 polled vote, with Commissioner Tinkler absent, the City of Crescent City Planning Commission and Architectural Review Committee approved minutes from the January 12, 2023, February 9, 2023, and March 9, 2023 Regular Planning Commission Meetings as presented. PLANNING COMMISSION MINUTES IV. CONDITIONAL USE PERMITS AND ARCHITECTURAL REVIEW: IV.A: VAR23-01/AR23-04 - LNL Design and Construction [1348 Front Street; APN 118-080-017] Chairman Wendt opened the public hearing at 5:44pm. Ethan Lawton, Contract City Planner, gave a presentation on the proposed variance for a building set back at 1348 Front Street. He said the eight proposed findings are 1. The proposed location of the variance 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 variance permit requirements. 7. The proposed project is determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), 15303(c), 15305(a), and 15332 of the CEQA Guidelines. 8.The proposed project to be approved with the Conditions of Approval found which are 1. Approval is for the project as described in the submitted Variance Permit application and Site Plan (received 03/22/23) which is 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 17.22 (General Commercial 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.4. The expansion shall meet all fire prevention code requirements.5. The applicant shall obtain building permits from the Building Department for any improvements that require a permit pursuant to the building code. The following citizens addressed the Commission: Matt Wakefield, owner of proposed project- Spoke about Seafront Baking Company, the restaurant/bakery that will housed in the building that is requiring the proposed three foot set back variance. He the plans submitted propose the best use of the space and they are anticipating a larger restaurant than what the building was previously used for. He said that the addition that was in the setback space was going to used for storage and a break room for employees. He feared another location for the addition would take away parking from the establishment. He stated surrounding parcels have zero building setbacks. Dan Schmidt, County resident-Owner of a neighboring Pete’s Auto building. He spoke in favor of the project, but he had a concern about the elimination of the alley that runs behind the neighboring buildings and the closeness of the buildings if the set back is granted. Mac Robertson, County resident- Owner of a neighboring business called Robertson’s Automotive was concerned about the spacing between his property and the addition requiring the variance, right now he utilizes the space to drive thru to a gate on his property. PLANNING COMMISSION MINUTES The alleyway, setbacks and landscaping were discussed on a Commission level. Fire Chief, Kevin Carey, spoke about the fire access in the set back request. He said he visited the site with the parties involved. He said his staff can make due with the three foot set back, he said they could get a hose line behind the building and cut through any fencing in the area in case of a fire emergency. He said as far as exposure, the applicants building will have fire sprinklers, there will be fire rated construction material on the exterior, no restaurant equipment will be in the addition requiring the setback and the neighboring business is a metal building. Ethan Lawton, Contract City Planner, said for the administration record that the set back variance is for 3 feet and the Planning Commission can grant anywhere from 0-10 feet. Chairman Wendt closed the public hearing at 6:25pm. On a motion by Commissioner Dewar, seconded by Chairman Wendt , and carried unanimously on a 4-0 polled vote, with Commissioner Tinkler absent, the City of Crescent City Planning Commission and Architectural Review Committee approved VAR23-01/AR 23-04 for a 3 foot rear yard set back with conditions of approval 1-3 being met. V. CONTINUING BUSINESS: None. VI. NEW BUSINESS: VI.A: DRAFT ADU Ordinance [City Wide] City Attorney, Martha Rice gave a slide show presentation on Accessory Dwelling Units. She said that this subject had previously gone before the Planning Commission and staff was given direction on the contents of Accessory Dwelling Units for the ordinance. She said the ordinance took some time in her review and then the State laws changed. What’s before the Commission tonight is an ordinance that includes the provisions directed from the Planning Commission and changes to match the state law. She said the state goal is to widen the range of housing types to increase the housing supply. The state mandates are the following: that local authorities must allow for the development of accessory dwelling units (ADUs) on all parcels zoned for residential use and requires ministerial approval for ADUs and JADUs if certain conditions are met with an option that local authorities may adopt local ordinances that are more liberal than state law in furtherance of developing more ADUs. Martha showed the types of ADUs and gave their definitions. She said an attached ADU is one that is attached to primary dwelling, a detached ADU is one that is detached from the primary dwelling, a conversion ADU is one that is a conversion of existing space that can be attached or detached and a junior ADU is one that is contained within the primary dwelling that is smaller than 500sqft. She said that motorhomes, travel trailers, park trailers and converted buses are not ADUs. The statewide exemption ADU standards that require mandatory ministerial approvals are 1. Any single family dwelling are allowed one attached ADU and one JADU if it’s in an existing or proposed single-family dwelling, it must be allowed in any residential or mixed use zone, if its an ADU attached or a conversion, can be up to 150 sqft of expansion of existing footprint for ingress/egress PLANNING COMMISSION MINUTES only, if it has an exterior access to the ADU, if the side and rear setbacks are sufficient for fire and safety, if it has a 30 plus rental term and the JADU complies with government code 65852.22. 2. A single family dwelling can have one detached ADU and one JADU. They must be in an existing or proposed single family dwelling, allowed in any residential or mixed use zone, the ADU is new construction that is detached from dwelling, must have 4 ft rear and side yard setbacks, the max height limitation is 16 feet, the building is 800 sqft or less, must have a 30 plus day rental term and the JADU complies with government code 65852.22 with a new HCD interpretation where they are telling local authorities that each lot with a primary dwelling would be allowed to have one attached ADU, one detached ADU and JADU. 3. Multi-family dwellings are allowed multiple ADUs if the lot has an existing multi family dwelling and is in a residential or mixed use zone, if it’s a multi-family with two or more units, must have at least 1 ADU (up to 25% of existing units) within areas of the structure not currently used as dwelling space or storages areas etc. and can have up to two ADUs; subject to 18ft height limitation and 4ft rear and side yard setbacks (or ADU not multi-family dwelling) with a 30 plus day rental term. She said with exemption JADUs you can have one JADU per lot with a single-family dwelling, the owner must occupy either the primary dwelling or the JADU, the JADU is to be constructed within the walls of the primary dwelling which can include an attached garage, it must have efficiency kitchen (cooking facility, food prep counter, storage),it must have a separate exterior entrance than the dwelling, the JADU must have access to the primary dwelling if the JADU does not have a bathroom and must be no more than 500 sqft. She said the application processing for ADU/JADU in an existing dwelling is 60 days to approve or deny, an ADU/JADU in a new dwelling is to approve or deny at the same time for the primary dwelling and if the City fails to give approval in the time frames, then it is deemed an automatic approval. For local ordinance options she said the minimum ADU size is that it cannot prohibit efficiency units (minimum of 150 sqft area). The maximum ADU size must not be less than 850 sqft for 0-1 bedroom or 1000 sqft for 2 plus bedrooms, and local ordinance may limit no more than 1200 sqft for a detached ADU or 50% of primary dwelling for an attached ADU. For Conversion ADU there is no maximum square footage. For height, a detached ADU with a single-family dwelling or multi family dwelling must be less than 16 feet. A detached ADU with a multi-story multi family dwelling must be less that 18 feet. An attached ADU must be either the lesser of 25 feet or the height limitation of the zoning ordinance. Other local ordinance options are the number of ADUs/JADUS per lot beyond the minimum. One option is to limit in residential zones if there is a concern with water, sewer, traffic or safety. Another option is to regulate lot coverage, but must allow an exception for an exempt ADU or to apply setbacks with the exception for an exemption ADU and conversion ADU and no less than 4ft for side and rear yard setback. Another is to require 30 plus day rentals for non-exempt ADUS and lastly require a sperate connection to utilities. She went over previous direction from the Planning Commission on the ordinance and included updates per State. They included added C-1 zone, C-2 zone, CW zone and CM zone to the zones that allowed them. Max of 1 ADU/JADU per single family dwelling. Detached ADU must be 5ft from any other building. 4 foot setbacks for side and rear yards. Regular zoning district setbacks for front yard. Exempt from water and sewer connections fees. No owner occupancy requirements for ADUs. No restriction on rental terms. Minimum size of 150 sqft for efficiency unit. Detached ADU maximum size of 1200 sqft with no maximum for conversion and maximum heigh of 16 feet for multi-story multi family dwelling. Attached ADUs maximum size of 1200 sqft or 50% primary dwelling with no maximum for a conversion ADU and maximum height 25 feet or applicable to the zone. Use permits PLANNING COMMISSION MINUTES would be allowed for any proposed ADUs that do not meet the standards such as size, zoning or height and variance for development standards. She then went over the caveat and exemptions on the Coastal Zone and presented a map to the Commission showing where the Coastal Zone was. She then asked for direction from the Planning Commission on any revisions to the draft ordinance that they would like to see. There was no public comment. ADUs and JADUs were discussed on a Commission level. Martha Rice, City Attorney, said she wanted to make one clarification. She said that on 17.35.040 on the draft ordinance a mistake was made, and it should read that new utilities would be required to be underground but current utilities will not. Direction from the Planning Commission was to have staff take the draft ordinance as is with the clarifications made to be brought back to a Public Hearing. VI.B: Review Signs Ordinance (Chapter 17.39) [City Wide] Chairman Wendt opened public hearing at 7:13pm Ethan Lawton, Contract City Planner, gave a brief background and presentation. He said direction from the City Council was to have the Planning Commission review the sign ordinance and give recommendation to the Council to amend Municipal Code regarding a more relaxed banner/ flag type sign for local businesses. He said that there are two sign ordinances on the ordinance listing, Chapter 17.38 and Chapter 17.39. He said Chapter 17.38 was repealed and will be taken off the ordinance listing soon. Ethan said he’s seeking direction from the Commission if they want staff to take a look at revisions that could be made, if the Commission thinks its good as is, or they would like staff to come back with more information. The following citizens addressed the Commission: Jon Perry, County resident- Spoke about the sign regulations for businesses. The sign ordinance was discussed on a Commission level. Chairman Wendt closed the public hearing at 7:39pm. Direction from the Planning Commission was to have staff bring back recommended revisions. VI.C: Veterans Kiosk [Points of Honor] Chairman Wendt said he feels empathy for veterans. He said he’s lost close friends in the military and know a few people who are in pain and hurting by war. The Library of Congress has a project they started in 2000 called Veterans History Project. The project is to collect, preserve and make accessible personal records of people who have served in the military. They maintain it by a website and collect submissions from the public. They ask for their stories, pictures, etc. He suggests a kiosk be placed at the Point of PLANNING COMMISSION MINUTES Honor. The Veterans History Project currently has 119,000 records right now. The proposed kiosk is an effort to get more people to submit their stories, it has also been shown to be therapeutic for veterans to tell their story. He said he spoke with City Manager and confirmed that the City owns the Point of Honor. The proposed kiosk would have the information on it for people to go to the website on their own devices. He said City Council member Kelley Schellong is very active in the Point of Honor committee and asked if this project could be given to the committee by city staff. City staff let the Commission know that the committee has been disbanded. The kiosk was discussed on a Commission level. Direction from the Planning Commission was to have staff look into getting the kiosk installed. 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. VII.A: Garbage Can Discussion [City Wide] Public Works Director, Dave Yeager, said Planning Commission gave direction to have this item brought back to the Commission for discussion. Dave Yeager located the agreement between Recology Del Norte and the City of Crescent City and looked into the items the Commission had requested. The initial concern is the trash coming out of the bins and scattered on the ground around the bins. He reached out to Mr. Perry with Recology Del Norte. Mr. Perry said that the trash is picked up six days a week and seagull flaps are being placed on the cans. Jon Perry, with Recology Del Norte, said a lot of the overflow is illegal dumping and that the seagull flaps are working. He also said most of the time the recycle bin is full of trash. Mandatory trash pickup was discussed on a Commission level. Direction from the Planning Commission was to have staff to bring a proclamation or recommendation on mandatory trash pickup back for review. VII.B: PLANNING & ZONING REPORT Ethan Lawton, Contract City Planner, provided a brief update. He said there is now a next step letter that is issued to planning inquiries and applicants. He also created a timeline chart for development permit application deadlines that happen before a public meeting. Planning Department frequently asked questions will be posted to the city website soon. MyGov, the software used by the city for building permits, will soon have a portal for planning inquiries. Ethan’s main office is in Arcata, and he said that he will be at City Hall in Crescent City on the day of the Planning Commission meetings. PLANNING COMMISSION MINUTES VIII. ADJOURNMENT: There being no further business to come before the Commission, Chairman Wendt adjourned the meeting at 8:18 p.m. to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee scheduled for Thursday, May 11, 2023, at 5:30 p.m. in the Wastewater Treatment Plant (WWTP), 210 Battery Street, Crescent City, CA 95531 and via Zoom. ATTEST: ________________________ Heather Welton Office Technician PLANNING COMMISSION MINUTES  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE STAFF REPORT Agenda Item # 2 TO: Planning Commission (Chairperson Wendt and Members of the Planning Commission) FROM: Community Development Department, Planning Department (Bob Brown, AICP, Director/Consultant) PREPARED BY: Community Development Department, Planning Department (Sophia Ross, City Planner/Consultant) DATE: July 6, 2023 SUBJECT: VAR23-02 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 Necessary Findings. IV) Consider Alternatives and take action on the application #VAR23-02 with any additional conditions adopted by the Planning Commission at the public hearing. BACKGROUND INFORMATION Project: A Variance Permit (VAR23-02) to request a 2-foot reduction in front yard setback. The R-2 district requires a 20-foot setback and a reduction of 2-feet would result in a front yard setback of 18-feet from the front property line. The variance is to facilitate the preservation of the existing front porch while the expansion would allow for handicap accessibility. Applicant: George Decossio Site Address: 1215 S Pebble Beach Drive APN: 118-302-014-000 Lot Size: +/- 6685 sq. ft. / +/- 0.15 acres Project Size: +/- 63 sq. ft. General Plan Land Use: Single Family (2-6) Residential Zoning: Low Density Residential R-1 Coastal: No Surrounding Zoning/Uses: South – R-1 (Low Density Residential), East - R-1 (Low Density Residential), West - R-1 (Low Density Residential), North - R-1 (Low Density Residential). VAR23-02 SR Page 1 of 8 July 6, 2023  Regular Planning Commission Meeting Agenda Item: 2 Figure 1: Aerial Photo of the Project Site Source: Google Earth, July 2023 PROJECT DESCRIPTION: George Decossio submitted a Variance Permit application (VAR 23-02) for a reduction in required front yard setbacks. The reduction in setback would allow for the construction/replacement/preservation of an existing covered patio and expansion to allow for handicap access to the home. The applicant requests approval of the Variance Permit to reduce the required front yard setback from 20 ft to 18 ft. The total front yard setback reduction requested is 2 feet. Figure 2 highlights the 2-foot reduction. The project site is located at 1215 South Pebble Drive (APN 118-302-014) in the Low Density Residential (R-1) Zone. VAR23-02 SR Page 2 of 8 July 13, 2023  Regular Planning Commission Meeting Agenda Item: 2 Figure 2: VAR23-02 Site Plan - Proposed Front Yard Setback Reduction GENERAL PLAN CONSISTENCY The general plan (GP) designates the project site within the Single Family 2-6 (SF 2-6) land use district. The SF 2-6 land use designation reads as follows: Single Family 2-6 This designation provides for low to moderate residential development within the urban boundary. The principal permitted uses under this designation are single family dwellings with accessory buildings and home occupations. Residential densities range from two to six dwelling units per acre. The City may grant conditional use permits for churches, second units, guest lodging, parking lots, small public facilities, large care homes as defined by the California Health and Safety Code, and small neighborhood commercial uses that are compatible with surrounding neighborhoods, such as owner/resident grocery shops. Analysis: The proposed variance for the front yard setback requirement is not in conflict with the prescribed uses or densities in the Single Family 2-6 General Plan Land Use Designation. Staff believes that the proposed project is consistent with the City’s General Plan. VAR23-02 SR Page 3 of 8 July 13, 2023  Regular Planning Commission Meeting Agenda Item: 2 ZONING CODE CONSISTENCY The Crescent City Municipal Code (CCMC) defines the following uses as principally permitted within the Low-Density Residential (R-1) Zone: 17.10.010 [R-1] Purpose The purpose of the R-1 district is to provide living areas within the city where development is limited to low-density concentrations of one-family dwellings and where regulations are designed to: promote and encourage a suitable environment for family life, provide space for community facilities needed to complement urban residential areas, provide for the safety, health and general welfare of its inhabitants, and implement the general plan of the city. 17.10.020 [R-1] Uses A. The principal permitted use in the R-1 district is single-family residential use which includes: 1. A one-family dwelling 17.10.030 [R-1] Height and area regulations In the R- 1 district the height of buildings and the minimum dimensions of yards and lots shall be as follows: B. Yard and Areas. 1. Front Yard. Twenty feet; 6. Lot Coverage. Maximum for all buildings, accessory buildings, structures and covered patios, not greater than fifty percent. 17.10.040 [R-1] Building placement A. No building, accessory building, structure or covered patio shall occupy any portion of a required front, side or rear yard except as herein provided. D. Accessory buildings, structures, covered patios and garages shall not exceed thirteen feet in height at their highest point. Analysis: The proposed construction/replacement/preservation of the existing covered patio is principally permitted in the R-1 zone. However, the proposed construction/replacement/preservation requires the approval of a Variance Permit to allow encroachment into the required front yard setback. The applicant proposes a 2-foot reduction in the required setback. The required front yard setback in the R-1 is 20 feet (CCMC 17.10.030 (B)(1). The applicant proposes a variance (VAR23-02) to allow a front yard setback of 18 feet. If the Variance Permit is denied, the applicant must abide by the 20-ft front yard setback. VARIANCE PERMIT REVIEW The sole purpose of any variance shall be to prevent discrimination and undue hardship and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone (CCMC 17.56.010). VAR23-02 SR Page 4 of 8 July 13, 2023  Regular Planning Commission Meeting Agenda Item: 2 When unreasonable and unnecessary hardships or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions thereof, the planning commission of the city shall have authority as an administrative act subject to the provisions of this section, to grant upon such conditions as it may determine such variances from the provisions of this code as may be in harmony with its general purpose and intent so that the spirit of this code shall be observed, public safety and welfare secured, and substantial justice done (CCMC 17.56.010). When considering the approval/denial of a Variance Permit, the Planning Commission should consider the following: 17.56.010 [Variance Permit] Purpose …Before any variance may be granted by the planning commission or the city council on appeal, it shall be shown: A. That there are exceptional and extraordinary circumstances of conditions applicable to the property involved; B. That such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone and denied to the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located; D. The granting of such variances will not adversely affect the general plan for Crescent City; E. That a public hearing wherein the applicant is heard and in which he substantiates all of the conditions cited above; and F. That the planning commission is reviewing such requests and hearing the evidence finds that conditions of subsections A through E of this section have been met. (Prior code § 30-502) Analysis: The Applicant has proposed the front yard setback variance to “allow for handicap access” (VAR23-02). The Planning Commission must make the above findings (17.56.010(A-F)) prior to granting the Variance Permit. Since no support for the variance findings were submitted with the application, the applicant is required to provide support for each of the above findings to the Planning Commission (17.56.010(E)). Staff has not been provided with information to analyze the adequacy of the support for making the variance findings. For this reason, staff is not making a recommendation to approve or deny the variance. VAR23-02 SR Page 5 of 8 July 13, 2023  Regular Planning Commission Meeting Agenda Item: 2 ENVIRONMENTAL DETERMINATION: The proposed project is determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, 15305, and 15332 of the CEQA Guidelines: § 15303 New Construction or Conversion of Small Structures Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to: (a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. The proposed project includes a Variance Permit to allow for modification of an existing porch for a use that is principally permitted in the R-1 zone. For this reason, the project meets the criteria for the Class 3 exemption. § 15305 Minor Alterations in Land Use Limitations Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: (a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; The project is a Variance Permit to reduce the front yard setback from 20 feet to 18 feet. The project site is relatively flat, and the proposed variance would not result in any changes in land use or density or result in the creation of a new parcel. For these reasons the project meets the criteria for the Class five exemption. § 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. VAR23-02 SR Page 6 of 8 July 13, 2023  Regular Planning Commission Meeting Agenda Item: 2 The project meets the criteria for a class 32 exemption for the following reasons: a) The proposed project is consistent with the general plan and zoning designations and regulations upon approval of the Variance Permit. b) The proposed project is within city limits on a parcel less than five acres in size and is surrounded by urban uses. c) The project site is currently developed with a single-family home and has no potential for value as a habitat for endangered rare or threatened species. d) A reduction of 2 feet in the front yard setback will not result in any significant impacts to traffic, noise, air quality, or water quality. e) The site is currently serviced by all required utilities and public services. Analysis: The proposed reduction of 2 feet in front yard setback is exempt from CEQA regulation under Class 3, 5 and 32 exemptions. MOTIONS The Planning Commission has the following alternatives to consider: 1. APPROVAL. The Planning Commission could adopt all the recommended findings based In the supporting information presented by the applicant and approve the Variance Permit. a. Action: A motion to adopt the Recommended Findings and approve the Variance Permit (VAR23-02) to allow a front yard setback of 18 feet. b. Result: The applicant’s request for a Variance Permit to reduce the front yard setback by 2 feet would be approved. c. Appeal: The Commission’s actions may be appealed to the City Council within 10 days (CCMC 17.56.030). 2. DENIAL. The Planning Commission could find that the required findings cannot be made and deny the Variance Permit. a. Action: A motion to deny the Variance Permit (VAR23-02) due to the variance requirements not being fully satisfied, specifically regarding ________. b. Result: The applicant would be required to meet the required 20-foot front yard setback. c. Appeal: The Commission’s actions may be appealed to the City Council within 10 days (CCMC 17.56.030). 3. REQUEST ADDITIONAL INFORMATION. The Planning Commission could determine that additional information is required in order to support the required variance findings. a. Action: A motion to request additional information regarding VAR23-02 be brought back to the next scheduled Planning Commission meeting for consideration. The Planning Commission requests additional regarding ___. b. Result: This item will be agendized for the next scheduled Planning Commission meeting (Thursday, August 10, 2023). VAR23-02 SR Page 7 of 8 July 13, 2023  Regular Planning Commission Meeting Agenda Item: 2 c. Appeal: No appeal available as no action would have taken place. NECASSARY FINDINGS FOR APPROVAL: The Planning Commission, in discussion, need to make the following findings: 1. The proposed location of the variance 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, pending approval of VAR23-02. 5. The proposed project satisfies the variance permit requirements. 6. The proposed project is determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, 15305, and 15332 of the CEQA Guidelines. 7. The proposed project to be approved with the Conditions of Approval found within Attachment B. ATTACHMENTS: A) Variance Permit Application (VAR23-02) B) Conditions of Approval VAR23-02 SR Page 8 of 8 July 13, 2023  Attachment B: Conditions of Approval Variance Permit #VAR23-02: DeCossio Setback Reduction On April 20, 2023, the Planning Commission approved the above application, subject to the following conditions: 1. Approval is for the project as described in the submitted Variance Permit application and Site Plan (received 05/31/23) which is included as Attachment A to the staff report. 2. The applicant will be required to comply with all other requirements of the City’s Municipal Code including, but not limited to, Chapters 17.10 (Low Density Residential 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. 4. The modification and expansion of the porch shall meet all applicable fire prevention code requirements. 5. The applicant shall obtain building permits from the Building Department for any improvements that require a permit pursuant to the building code. VAR23-02 Page 1 of 1 July 6, 2023  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE STAFF REPORT Agenda Item # 5 TO: Planning Commission (Chairperson Wendt and Members of the Planning Commission) FROM: Community Development Department, Planning Department (Bob Brown, AICP, Director/Consultant) PREPARED BY: Community Development Department, Planning Department (Sophia Ross, City Planner/Consultant) DATE: July 13, 2023 SUBJECT: 2022 General Plan Annual Progress Report STAFF RECOMMENDED ACTIONS I.Hear staff report. II.Receive public comment. III.Discuss General Plan APR and ask questions of Staff. IV.Provide direction to Staff on any proposed changes to the General Pan APR. V.Review and Accept the General Plan Annual Progress Report. BACKGROUND INFORMATION The General Plan is a guiding document for the long-term physical development of a community and is required to be updated periodically to reflect current circumstances. California Government Code Section 65400(a)(2) mandates that all cities and counties submit to their legislative bodies an annual report on the status of the general plan and implementation progress. This General Plan Annual Progress Report (GP APR) is set to be approved by the Crescent City Planning Commission on July 13, 2023. After approval a copy of this GP APR will be submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). SUMMARY OF REPORT The General Plan Annual Progress Report (GP APR) supports the finding that the General Plan is utilized by the City in the long-term physical development of the City. The Report is broken into 8 sections. Within these 8 sections it is discussed and concluded that the City of Crescent City General Plan is a useful and valuable tool to assist the City in providing policy direction to decision-makers and information for residents and interested parties. The GP APR concludes: • The City of Crescent City General Plan’s growth threshold has not been met and the General Plan APR SR Page 1 of 2 July 13, 2023  Regular Planning Commission Meeting Agenda Item: 5 Plan continues to be a valid guiding document to the City. • The City intends to prepare updates four of the General Plan Elements within the next three years. • The City, in 2022, has acted to continue implementing and upholding the Goals of the General Plan. • The General Plan’s goals and policies are up-to-date and valid The GP APR also identifies which Elements are planned to be updated in the near future. The Housing Element is currently in round three of revisions with HCD and is on track to be adopted and certified by the end of 2023. The Land Use and Community Development Element is set to be updated in 2024 and the Health and Safety Element is set to be updated in 2025. State Law requires that after updating two GP Elements, the jurisdiction must also develop and adopt an Environmental Justice Element. This new Element is set to be prepared and adopted in 2026. By the end of 2026, four of the eight Elements will have been updated. With the proposed Element updates, a comprehensive General Plan update is not necessary, and the findings listed above would remain valid. MOTIONS The Planning Commission has the following alternatives to consider: 1. ACCEPT. The Planning Commission could accept the General Plan APR. a. Action: A motion to accept the 2022 General Plan Annual Progress Report. b. Result: The GP APR will be submitted to OPR. 2. DEVISE. The Planning Commission could request the General Plan APR be revised and brought back at the next regularly scheduled Planning Commission meeting. a. Action: A motion to revise the 2022 General Plan Annual Progress Report b. Result: The GP APR will not be submitted to OPR until the Planning Commission has reviewed and accepted the Report. ATTACHMENTS A) 2022 General Plan Annual Progress Report General Plan APR SR Page 2 of 2 July 13, 2023  City of Crescent City 2022 General Plan Annual Progress Report Submitted by: City of Crescent City Planning Department 377 J Street Crescent City, CA 95531 July 2023  City of Crescent City GENERAL PLAN ANNUAL PROGRESS REPORT Contact Bob Brown Title Community Development Director Phone Number (707) 822-5785 e-mail Bbrown@shn-engr.com Agency City of Crescent City Website Crescentcity.org Planning/ Community Development Director Bob Brown Address 377 J Street, Crescent City CA 95531 Phone number (707) 464-7483 Jurisdiction type City Name of Jurisdiction City of Crescent City Charter City No Reporting period type Calendar year Reporting period January 1, 2022 through December 31, 2022 Resubmittal No Page 2 of 17 2022 General Plan Annual Progress Report  City of Crescent City 1. Introduction State Law and Local Planning The General Plan (GP) is a guiding document for the long-term physical development of a community and is required to be updated periodically to reflect current circumstances. California Government Code Section 65400(a)(2) mandates that all cities and counties submit to their legislative bodies an annual report on the status of the general plan and implementation progress. The 2022 General Plan Annual Progress Report (GP APR) must be approved and accepted by the Crescent City Planning Commission on prior to submittal. After acceptance a copy of the 2022 GP APR will be submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The City of Crescent City General Plan (2001) was adopted by the City Council May 21, 2001. Since the plan’s adoption, the City has sought to implement the programs contained in it through a variety of efforts including application of General Plan polices during the review of new development projects, substantive environmental review of new development, construction of new and updated infrastructure through the annual Capital Improvement Program, continued active code enforcement efforts, and an economic development program. The City’s General Plan continues to be a valid and useful document with its goals and policies being advanced by City actions throughout the 2022 calendar year. Executive Summary As described in this report, the City of Crescent City General Plan is a useful and valuable tool to assist the City in providing policy direction to decision-makers and information for residents and interested parties. In that context and in terms of the City of Crescent City and its General Plan, this report concludes the following: • The City of Crescent City General Plan’s growth threshold has not been met and continues to be a valid guiding document to the City. • The City intends to prepare updates of four of the General Plan Elements within the next three years • The City, in 2022, has acted to continue implementing and upholding the Goals of the General Plan. • The General Plan’s goals and policies are up-to-date and valid Page 3 of 17 2022 General Plan Annual Progress Report  City of Crescent City 2. Table of Contents 1. Introduction ........................................................................................................................................... 3 State Law and Local Planning .............................................................................................................. 3 Executive Summary .............................................................................................................................. 3 3. Date of Presentation .............................................................................................................................. 4 4. General Plan Updates ............................................................................................................................ 4 5. General Plan Implementation................................................................................................................ 6 A. Land Use and Community Development Element............................................................................ 6 B. Transportation and Circulation Element ........................................................................................... 8 C. Public Facilities and Services Element ............................................................................................. 9 D. Recreational and Cultural Resources Element ................................................................................ 10 E. Natural Resources and Conservation Element ................................................................................ 11 F. Health and Safety Element.............................................................................................................. 12 Action Items ........................................................................................................................................ 14 2022 Planning Services ....................................................................................................................... 14 6. Housing Element APR ........................................................................................................................ 15 7. General Plan Compliance.................................................................................................................... 16 Environmental Justice Considerations ................................................................................................ 17 Tribal Consultation ............................................................................................................................. 17 8. Adjustments to the General Plan in 2023............................................................................................ 17 3. Date of Presentation The 2022 General Plan Annual Progress Report (GP APR) was scheduled as a discussion item at the July 13, 2023 Crescent City Planning Commission meeting. The meeting was held in the Waste Water Treatment Plant Conference Room at 5:30 pm, 210 Battery Street, Crescent City, CA. The GP APR was accepted by the Planning Commission, and then submitted to the Office of Planning and Research and the Department of Housing and Community Development. 4. General Plan Updates A General Plan is the City’s blueprint for growth. All development approvals must be consistent with the general plan. Therefore, a general plan is useful if it provides up-to-date information, goals, policies, and programs that are consistent with current City growth policies and which are physically and economically feasible to implement. The table below displays the dates of the currently adopted elements as well as their most recent or planned updates. Page 4 of 17 2022 General Plan Annual Progress Report  City of Crescent City Table 1: General Plan Updates Year Year Updated General Plan Elements Planned Update Adopted and Adopted Land Use and Community 2024 2001 N/A Development Element Housing Element 2001 2016 2023 pending Transportation and Circulation - 2001 N/A Element Public Facilities and Services - 2001 N/A Element Recreational and Cultural Resources - 2001 N/A Element Natural Resources/Conservation - 2001 N/A Element Health & Safety Element 2001 N/A 2025 Environmental Justice N/A N/A 2026 The 2001 General Plan established a threshold for planned build out consistent with the projected population growth. In 1996, as reported in the 2001 General Plan, Crescent City had a population of 4,653 people excluding residents of Pelican Bay State Prison. Del Norte County had a population of 27,292 people in 2001. The City is about 17 percent of the County’s population. DOF predicted the 2020 population of Del Norte County would be 29,146 people. The 2001 General Plan planned to accommodate 17% percent of the projected growth of the County. Therefore, the General Plan’s established threshold can accommodate a population of approximately 5,000 people. The City’s population as reported in the 2020 census was 6,673 people, adjusted to exclude Pelican Bay State Prison residents, the City’s population in 2020 was approximately 4,173 people. Thus, the City has only grown to 83 percent of the 2001 General Plans buildout threshold. The Crescent City General Plan threshold for growth has not been met. Additionally, the DOF has predicted a negative population growth within the City consistent with the population projections shown in Table 2. Therefore, it is unlikely that the General Plan’s growth threshold will be met in the near future. The General Plan’s goals, policies, and programs are still relevant to accommodate projected growth within the City. Page 5 of 17 2022 General Plan Annual Progress Report  City of Crescent City Table 2: Department of Finance Population Projections (2020-2060) Del Norte County Annual Growth Population 2030 2040 2050 2060 2020 2020-2060 Projections Del Norte 27,193 26,750 26,498 25,975 25,720 -0.14% County Population Increase/ None -443 -252 - - 523 -225 5.4% Decrease Source: California Department of Finance. Demographic Research Unit. Report P-2A: Total Population Projections, California Counties, 2010-2060 (Baseline 2019 Population Projections; Vintage 2020 Release). Sacramento: California. July 2021. The City’s 6th Cycle Housing Element update is currently under HCD review. Once the Element is certified by HCD it will undergo the adoption process under the Planning Commission and City Council. The City will also update the Health and Safety element in 2025 to ensure consistency with the updated Housing Element. At that time, the City will have updated two General Plan Elements and will be required by the State to develop and adopt an Environmental Justice Element. The Environmental Justice Plan is set to be developed and adopted in 2026. The Land Use and Community Development Element currently has some inconsistencies with the Crescent City Municipal Code (CCMC). The Land Use Element allows up to 30 dwelling units per acre while the CCMC allows dwelling units at as much higher ratio in several zoning districts. The Land Use and Community Development Element is scheduled to be updated in 2024 to address the inconsistencies. The existing and planned Elements update half the 2001 General Plan. With the GP population threshold for buildout not met and the planned update of four Elements, the 2001 General Plan does and will include up-to-date information and valid goals, policies, and programs to plan for the future. 5. General Plan Implementation Crescent City’s Planning Area is defined by an east west line coinciding with Blackwell Road, following south along Elk Valley Road, and then following the Federal and State lands to the east. The City its self is only 2.4 square miles. The Pacific Ocean borders the City to the West and State and Federal Lands boarder the City to the east. The progress of General Plan implementation is reported by first introducing the goals of each Element, enumerating the action steps taken towards implementing and upholding the goals of the General Plan, then a concluding statement of the Plans ability to continue guiding development throughout the City. A. Land Use and Community Development Element The Land Use and Community Development Element of the General Plan contains the following goals: Goal 1.A. To encourage the overall economic and social growth of the City while Page 6 of 17 2022 General Plan Annual Progress Report  City of Crescent City maintaining its positions of importance in the county and improving its overall aesthetic appeal. Goal 1.B. To create a compact, pedestrian-oriented, economically robust VLC [Visitor and Local Commercial] area that provides a clear geographic focus for attracting visitors and residents and for increasing private sector investment. Goal 1.C. To enrich and enhance pedestrian/tourist activity in the downtown by creating attractive and well-maintained public open space that will provide a sense of central space or village atmosphere where people could meet, socialize, and eat. Goal 1.D. To expand and enhance the VLC area, Crescent City Harbor, and downtown as a tourist destination. Goal 1.E. To create a safe, clean, and pedestrian-friendly downtown area. Goal 1.F. To provide adequate land in a range of residential densities to accommodate the housing needs of all income groups expected to reside in Crescent City, while ensuring a high quality of residential development. Goal 1.G. To designate adequate commercial land for and promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of Crescent City residents, the regional community, and visitors and to maintain economic vitality. Goal 1.H. To designate adequate land for and promote development of industrial uses to meet the present and future needs of Crescent City residents for jobs and to maintain economic viability. Goal 1.I. To maintain a healthy and diverse local economy that meets the present and future employment, shopping, recreational, public safety, and service needs of Crescent City residents and to expand the economic base to better serve the needs of residents. Goal 1.J. To maintain and enhance the quality of Crescent City’s built environment (i.e. historical buildings, major corridors, city entrances, landscape, and streetscape). Goal 1.K. To ensure optimum utilization of the Harbor’s commercial tourism and recreational potential while allowing for appropriate public and private uses, developing access as a harbor, conserving the Harbor’s open water, improving the Harbor’s aesthetic appeal, and increasing its economic viability. Goal 1.L. To provide for the ongoing administration and implementation of the General Plan. Page 7 of 17 2022 General Plan Annual Progress Report  City of Crescent City The Land Use and Community Development Element is general in its goals and policies in order to accommodate a variety of developments throughout the City. Goal 1.F had specific action taken towards its implementation in 2022. The Housing Element Update currently in progress plans for development through 2030. The Element includes a sites inventory listing all available and vacant sites appropriate for residential or mixed-use development. The 6th Cycle Housing Element concludes that there is enough land for a range of residential densities for all segments of the population. Goal 1.H has been implemented by issuing over 71 business licenses in 2022. The Business licenses range from home occupations to large national chain commercial services. Goal 1.L has been implemented in 2022 by the development and planned adoption and certification of the 6th Cycle Housing Element Update as well as submittal of the required Housing Element APR and the General Plan APR to OPR and HCD. All other goals of this Element are implemented to facilitate good development throughout the City. The Land Use Element is useful and adequate in its characterization of the nature of the City and the General Plan’s overarching goals and policies. No amendments to this Element were made or required in 2022. B. Transportation and Circulation Element Goals listed in the Transportation and Circulation Element of the Crescent City General Plan, are as follows: Goal 3.A. To plan for the long-range planning and development of Highway 101 to ensure the safe and efficient movement of people and goods. Goal 3.B. To develop and maintain a safe and efficient public transportation system that reduces congestion and provides viable alternative transportation in and through the Crescent City Planning Area. Goal 3.C. To encourage the use of the bicycle as an alternate, energy efficient mode of transportation within the City and to develop a system of bikeways and bicycle parking facilities which will safely and effectively serve those wishing to utilize bicycles for commute and recreational trips. Goal 3.D. To encourage and facilitate walking throughout the City. Goal 3.E. To promote the improvement and maintenance of general and commercial aviation facilities within the parameters of surrounding land uses. Page 8 of 17 2022 General Plan Annual Progress Report  City of Crescent City Goal 3.F. To promote the maintenance and improvement of the Crescent City Harbor facilities. Goal 3. G. To promote development of multimedia communications as a viable mode of transportation and commerce. The goals contain several policies and programs that seek to enhance the movement of goods and people throughout the City, provide safe walking routes for residents, and maintain and improve the quality of the roadways within the City. Goal 3.A and many of the Circulation Element goals are implemented through the City’s planning and coordination with Caltrans on accessibility projects along Highway 101 (Action Item ix). Goal 3.B has been implemented by the City’s continued coordination and with the local Transportation Commission through the TAC to fund City Projects (Action Item xi). Goal 3.C and Goal 3.D have facilitated the Front Street redevelopment and park construction (Action Item vii). The project plans for multi modal transportation through the Front Street area and will serve as a connection hub for the City. The Transportation and Circulation Element in the General Plan is devised and designed to support the Land Use Element and policies for both current uses and future growth. The Transportation and Circulation Element has not been amended since its adoption, and the goals, policies, and programs of the element remain valid. The Element continues to serve to facilitate the implementation of the Land Use Plan, and the assumptions and projections supporting its designations of streets and roadways are accurate and provide a legally adequate and viable plan. The City’s 2001 General Plan Environmental Impact Report (EIR) evaluated the City road capacity in 1998, including U.S. Highway 101 that divides the City. When comparing with 2020 traffic counts, there is similarity to numbers from 1998 with no appreciable increase. The 2020 Caltrans traffic counts for U.S. Highway 101 can be found at the following web address. https://dot.ca.gov/programs/traffic-operations/census. C. Public Facilities and Services Element The Public Facilities and Services Element of the General Plan includes the following goals: Goal 4.A. To ensure the effective and efficient provision of public facilities and services for existing and new development. Page 9 of 17 2022 General Plan Annual Progress Report  City of Crescent City Goal 4.B. To ensure the availability of an adequate and safe water supply and the maintenance of high-quality water for residents of and visitors to the Crescent City urban area. Goal 4.C. To ensure adequate wastewater collection, treatment, and disposal within the Urban Boundary. Goal 4.D. To ensure the safe and efficient disposal or recycling of solid waste generated in Crescent City. Goal 4.E. To collect and convey stormwater in a manner that least inconveniences the public, reduces or prevents potential water-related damage, and protects the environment. Goal 4.F. To provide for the educational needs of Crescent City residents. Goal 4.G. To provide police and fire services that protect residents of and visitors to Crescent City form injury and loss of life and to protect property. Goal 4.H. To provide efficient and cost-effective utilities. These goals contain policies and programs that seek to ensure adequate services and public facilities for Crescent City’s existing and projected population. Most of the Action Items listed later in this section are implementations of the Goals outlined in the Public Facilities and Services Element. The Public Facilities and Services Element contains standards and guidelines that ensure adequate water supply, wastewater treatment, stormwater, solid waste, protection services, and utilities within the City and relevant portions of the planning area. The Public Facilities and Services Element contained within the General Plan has been used by staff and has provided valuable guidance and policy direction for the City. This Element is current and accurate and remains useful and legally adequate. D. Recreational and Cultural Resources Element The Recreational and Cultural Resources Element of the General Plan includes the following goals: Goal 5.A. To encourage the development and maintenance of existing and new parks and recreational facilities to serve the needs of present and future residents, employees, and visitors. Page 10 of 17 2022 General Plan Annual Progress Report  City of Crescent City Goal 5.B. To develop a system of interconnected hiking, riding, and bicycling trails and paths suitable for active recreation and transportation and circulation. Goal 5.C. To provide full coastal recreation opportunities for the public while assuring the protection of important coastal resources and the rights of private property owners. Goal 5.D. To provide the full benefits of access to coastal recreation resources to all residents of and visitors to Crescent City. Goal 5.E. The City shall encourage the maintenance of the visual and scenic beauty of Crescent City. Goal 5.F. To encourage development of private recreational facilities to supplement public facilities and to provide for economic development opportunities. Goal 5.G. To encourage identification, protection, and enhancement of Crescent City’s important historical archaeological, paleontological, and cultural sites and activities, and their contributing environment. These goals contain policies and programs that seek to maintain and protect recreation and cultural resources present within the City. Goal 5.A is implemented in action item xix. The development of the Beachfront Park will be the largest park in the City. It is located close to desirable visual resources and the City’s downtown area ideal for residents, employees, and visitors. Goal 5.C and Goal 5.E are implemented through the Pebble Beach Bank Stabilization project (Action Item x). The stabilization of Pebble Beach, a large visual resource frequented by tourists and residents, will allow for continued enjoyment. The Recreational and Cultural Resources Element contains standards and guidelines that protect existing recreation uses, and new potential recreation uses, all while considering their impacts to residents and cultural resources. The Recreational and Cultural Resources Element contained within the General Plan has been used by staff and has provided valuable guidance and policy direction for the City. This Element is current and accurate and remains useful and legally adequate. E. Natural Resources and Conservation Element The Natural Resources/Conservation Element of the General Plan includes the following goals: Goal 6.A. To maintain and where possible enhance marine resources, coastal waters, and Page 11 of 17 2022 General Plan Annual Progress Report  City of Crescent City sensitive coastal habitats, thereby recognizing the economic and biologic significance of these resources. Goal 6.B. To protect and enhance the natural qualities of Crescent City’s streams, creeks, and groundwater and to ensure sufficient water supplies of good quality for all beneficial uses. Goal 6.C. To maintain the productivity of soils, reduce erosion, and prevent unsafe and unhealthy soil conditions within the Crescent City Planning Area. Goal 6.D. To protect, restore, and enhance wildlife habitat that support fish and wildlife species throughout the Crescent City Planning Area. Goal 6.E. To protect and improve air quality in Crescent City and the region. Goal 6.F. To promote the development of agricultural uses that support the continued viability of agricultural activities in the Crescent City Planning Area. Goal 6.G. To conserve forest resources, enhance the quality and diversity of forest ecosystems, reduce conflicts between forestry and other uses, and to encourage a continued yield of forest products in the Planning Area. These goals contain policies and programs that seek to protect the natural resources present within the Crescent City Planning Area. Goal 6.A and Goal 6.C are implemented through the Pebble Beach Bank Stabilization project (Action Item x). The stabilization of Pebble Beach, a large visual resource frequented by tourists and residents, will allow for continued enjoyment. Many of the Action Items listed, including i-vi and xiii, further implement the general Goals of this section to protect and enhance water quality. The Natural Resources and Conservation Element remains useful and relevant and has served the City over the last year. The element has not been amended since its adoption, and the goals, policies, and programs of the element remain valid. F. Health and Safety Element The Health and Safety Element of the Crescent City General Plan lists the following goals: Goal 7.A. To protect the public health, safety, and welfare and minimize the damage to structures, property, and infrastructure as a result of seismic, geologic, fire, and flood Page 12 of 17 2022 General Plan Annual Progress Report  City of Crescent City hazards. Goal 7.B. To minimize the loss of life, injury, and property damage due to seismic hazards. Goal 7.C. To minimize the loss of life, injury, and property damage due to geological hazards. Goal 7.D. To protect the lives and property of the citizens of Crescent City from hazards associated with development in floodplains. Goal 7.E. To prevent and minimize the risk of loss of life, injury, and property damage resulting from unwanted fires. Goal 7.F. To minimize the risk of loss of life, injury, serious illness, damage to property, and economic and social dislocations resulting from the use, transport, treatment, and disposal of hazardous materials and hazardous material wastes. Goal 7.G. To provide planning, response, and recovery capabilities to deal with the range of natural and manmade hazards that could impact the Crescent City Planning Area. Goal 7.H. To prevent incompatible land uses, by reason of excessive noise level, from occurring in the future. This includes protecting sensitive land uses from exposure to excessive noise and to protect the economic base of the City by preventing the encroachment of incompatible land uses within areas affected by existing or planned noise-producing uses. These goals contain policies and programs that aim to protect Crescent City’s existing and projected populations from natural and manmade hazards. A majority of the Goals in this Element have been implemented in the Front Street project (Action Item vii), Beachfront Master Plan (Action Item xix), and the Pebble Beach Bank Stabilization project (Action Item x). The Health and Safety Element Goals are implemented in planning operations on a day-to-day basis guiding all projects in the City. The Health and Safety Element contains information and goals, policies, and programs regarding general, seismic, geologic, flood, and fire hazards, as well as hazardous materials, disaster planning, and noise. This element has not been amended since its adoption and remains valid. Page 13 of 17 2022 General Plan Annual Progress Report  City of Crescent City Action Items The goals within each Element contain policies and programs that seek to ensure a high quality of life, efficient development, and economic growth. Within that framework, City staff worked on the following items throughout the 2022 calendar year to ensure that the goals set forth in the General Plan have been addressed: i. Water SCADA modifications for water optimization ii. Water Modeling development complete Phase I iii. Complete Phase II Wayfinding signs iv. Coordinate WWTP CIP projects v. Continue implementation of automated meter reading system vi. Completed G-K Street Portion of the Front Street Storm Drain Project vii. Front and F Street out for bid viii. Completed PS & E for Amador Water Tank & Bid, WWTP Paving Project, and WWTP generator ix. Coordination with Caltrans on accessibility projects along Hwy 101 corridor (multi-year Project) for Hydrant and Streetlight Relocation x. Begin PS & E for Pebble Beach Bank Stabilization xi. Working with Local Transportation Commission through the TAC to fund City Projects xii. Comply with CEQA by updating policies for SB 743 (VMT vs. LOS) xiii. Continue water system modeling and transient pressure study xiv. Digitizing of planning files xv. Complete Small Cell Tower Ordinance xvi. Pending approval Mobile Vending Ordinance (Issue 1 mobile vending permit) xvii. Complete revised model water efficient landscape ordinance xviii. Draft Long-term RV parking for residential use xix. Drafted Beachfront Park Master Plan review xx. LEAP Planning Grant implemented to promote housing ($70k non- competitive) - xxi. Office of emergency services application approved for more generators xxii. REAP Planning Grant joint City/County award received ($90k) 2022 Planning Services The City’s day-to-day planning services is one of the ways the General Plan is implemented. Day-to-day services include: planning inquires, business license issuance, sign permit issuance, building permit approvals, site plan and architectural review permit approvals, and other various permits and projects. Table 3 shows the day-to-day services provided to City residents. Table 3: Planning Services Service Number completed Page 14 of 17 2022 General Plan Annual Progress Report  City of Crescent City Planning Inquiries 124 Business Licenses 71 Sign Permits 10 Building Permits 44 Site Plan / Architectural Reviews 1 Use Permits 3 Cannabis Permits 1 Variance Permits 1 City Projects 3 Other 8 Source: City of Crescent City, Department of Community and Development, 2023. The City of Crescent City General Plan has in the past and currently provides meaningful direction to elected officials, City staff, landowners, citizens, and parties interested in the future of Crescent City. Through the end of calendar year 2022, the General Plan remained essentially in the City’s direction and policy foundations. There were no changes adopted to the General Plan’s goals, policies, and programs during 2022. As described throughout this document, the City’s General Plan does not need a comprehensive update. The current General Plan and its planned Element updates does and will provide accurate and useful policy guidance for the City. The document is adequate and functional, and contains goals, policies, and programs and that continue to serve the needs of the City of Crescent City. 6. Housing Element APR The City of Crescent City 2014-2019 Housing Element update (Housing Element or HE) was adopted by the City Council on June 6, 2016. The HE was certified by the California Department of Housing and Community Development (HCD) for compliance with state housing element law. The City’s 2022-2030 Housing Element is currently in the third round of review with HCD and is on track for certification and adoption by the end of 2023. For the purpose of this Annual Progress Report the 2014-2019 Housing Element was used for reporting. California state law recognizes that local governments play a vital role in developing affordable housing. In 1969, the state mandated that all California cities, towns and counties must plan for the housing needs of our residents—regardless of income. This state mandate is called the Regional Housing Needs Allocation, or RHNA. As part of RHNA, the California Department of Page 15 of 17 2022 General Plan Annual Progress Report  City of Crescent City Housing and Community Development, or HCD, determines the total number of new homes the County of Del Norte and the City of Crescent City need to build—and how affordable those homes need to be—in order to meet the housing needs of people at all income levels. The City’s 6th cycle RHNA has a total allocation of 189 dwelling units. The projection period begins in September of 2018 and ends in September of 2030. The planning period begins in 2022 and ends in 2030. The RHNA allocation of 189 units is broken down into income categories and is expressed in Table 4. Table 4:Crescent City RHNA Projected Needs (Regional Housing Need Allocation) Jurisdiction Very Low Moderate Above Moderate Total Low Crescent City 39 22 27 101 189 Percentage of Total 20.6% 11.6% 14.3% 53.4% 100.0% Source: Crescent City Draft 6th Cycle Housing Element On April 19th, the City of Crescent City submitted the Housing Element APR to HCD. The City approved 15 above moderate units between January 1, 2022 and December 31, 2022. In the Annual Progress Reporting calendar year in 2022, the City, competed 8 percent of the allocated RHNA. In total, on December 31, 2022 the City had permitted 24 above moderate dwelling units, nearly 13 percent of the City’s 6th cycle RHNA. 7. General Plan Compliance At the time the 2001 General Plan was written, the state required seven elements be included which are described in this report. Recent state legislation requires that an environmental justice element also be included in a General Plan. According to Government Code Section 65302(h)(2) this element must be included in the General Plan upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. As stated in the General Plan Updates section, the Environmental Justice Element is set to be developed and adopted in 2026 after the anticipated Housing Element, Land Use and Community Development Element, and Health and Safety Elements are updated. Government Code requires that the Housing Element be updated and adopted every 8 years, while the other elements of the General Plan should be revised “as needed” to keep information current. As previously stated, the 6th Cycle Housing Element is currently under HCD’s review and is pending certification. Until the 6th Cycle Housing Element has been adopted and certified, the 5th Cycle Housing Element and State Law remains in effect. The City of Crescent City General Plan contains all seven of the required elements. Page 16 of 17 2022 General Plan Annual Progress Report  City of Crescent City Environmental Justice Considerations With the pending certification and adoption of the 6th cycle Housing Element and the subsequent, Land Use and Community Development Element, and Health and Safety Element update. The State will require that the City develop and adopt an Environmental Justice Element. It is anticipated this will occur in 2026. Tribal Consultation The City of Crescent City has seven contacts for tribal outreach according to the Native American Heritage Commission including: Cher-Ae Heights Indian Community of the Trinidad Rancheria, Elk Valley Rancheria, Karuk Tribe, Melochundum Band of Tolowa Indians, Resighini Rancheria/ Coast Indian Community, Tolowa Dee-ni’ Nation and Yurok Tribe. The City initiates tribal consultation with all the above tribes when required by AB 52 or SB 18. The City frequently informally requests input on City projects from tribes adjacent to the City and will continue to do so. Maintaining a healthy relationship with the surrounding Tribes is beneficial to the City. 8. Adjustments to the General Plan in 2023 Land Use and Community Development Element. In 2022 the City was awarded Regional Early Action Planning (REAP) funding. The City is currently using these funds to prepare a General Plan amendment to the Land Use and Community Development Element to address inconsistencies between allowable General Plan land use designation densities and zoning district densities. Additionally, the Land Use and Community Development Element update will further the City’s goal to prioritize infill development and other land use priorities. This update is set to be complete by September 2024 when REAP funding closes. Housing Element. As mentioned in the Housing Element APR section, the 6th Cycle Housing Element is currently under review and is set to be adopted by the end of 2023. The 6th Cycle Housing Element will be applicable for an 8-year period: 2022 – 2030. Health and Safety Element. When the updated Housing Element is adopted and certified the Health and Safety Element will require an update. General Plan goals and policies are likely to remain focused on maintaining and enhancing the City. Page 17 of 17 2022 General Plan Annual Progress Report