Special Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL DESIGN REVIEW COMMITTEE Commission Members: Ray Walp, Chairperson • John Wendt, Vice-Chair Candace Tinkler • Steve Shamblin • Kristine DeCossio Incorporated April 13, 1854 web: www.crescentcity.org AGENDA - SPECIAL MEETING Thursday, February 22, 2024, at 5:30 p.m. Wastewater Treatment Plant (WWTP), 210 Battery Street, Crescent City, CA 95531 ZOOM: Phone: 1-253-215-8782; ID: 822 9227 7851; Password: 129225 PART I – CALL TO ORDER & ROLL CALL PART II - 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. Due to the Brown Act, the Commission is not able to discuss extensively or act on any items that do not appear on the agenda. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward the entire Planning Commission. Any comments that are not at the podium are out of order and will not be a part of the public record. 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 (Gov’t Code §54954.3(b)). PART III - APPROVAL OF MINUTES: None PART IV - AGENDA ITEMS: 1. A Public Hearing to consider a Conditional Use Permit (Application UP24-01) for Smith River Brewing Company’s request for the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant located at 1348 Front Street (APN 118-080-017). Recommendation: Adopt Resolution No. PC2024-07, read by title only, A Resolution of the Planning Commission of the City of Crescent City Approving a Conditional Use Permit for the sale of alcoholic beverages. 2. Review DRAFT Ordinance (Chapter 17.55) Recreational Vehicles on Private Property. Recommendation: Provide direction to Staff. PART V – STAFF UPDATES TO PLANNING COMMISSION PART VI – ADJOURNMENT: to 5:30 pm Thursday, March 14, 2024 POSTED on February 16, 2024 by Heather Welton, Community Development Specialist. A full agenda packet may be reviewed at City Hall, 377 J Street, Crescent City, CA or on our website: www.crescentcity.org. Special PC Meeting - Agenda Page 1 of 2 Thursday, February 22, 2024 CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL DESIGN REVIEW COMMITTEE THE PUBLIC IS INVITED TO PARTICIPATE IN THE FOLLOWING MANNER: • In-Person: a 3-minute public comment at the podium will be allowed. • Remotely: via Zoom, additional information and instructions will be posted the City’s website: www.crescentcity.org. However, the City does not guarantee that there will not be technological issues/interruptions, in which case the meeting will continue in person. • In-Writing: prior to 12:00 PM the day of the meeting, via publiccomment@crescentcity.org or by filing with the City Clerk at 377 J Street, Crescent City, CA, 95531. Written public comments will be forwarded to the Planning Commission, posted on the website, and will not be read aloud during the meeting. If you have any questions about this agenda, please contact: Ethan Lawton, Contract City Planner, at elawton@shn-engr.com. If you need any accommodations for the meeting, please contact: the City Clerk’s office at (707)464-7483, ext. 223 at least 48 hours prior to the meeting. For TTYDD use for speech and hearing impaired, please dial 711. Vision: The City of Crescent City will continue to stand the test of time and promote quality of life and community pride for our residents, businesses and visitors through leadership, diversity, and teamwork. Mission: The purpose of our city is to promote a high quality of life, leadership and services to the residents, businesses, and visitors we serve. The City is dedicated to providing the most efficient, innovative and economically sound municipal services building on our diverse history, culture and unique natural resources. Values: Accountability, Honesty & Integrity, Excellent Customer Service, Effective & Active Communication, Teamwork, and Fiscally Responsible Thursday, February 22, 2024 Page 2 of 2 Special PC Meeting - Agenda  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL DESIGN REVIEW COMMITTEE AGENDA ITEM: #1 Incorporated April 13, 1854 web: www.crescentcity.org STAFF REPORT MEETING DATE: Thursday, February 22, 2024 TO: Planning Commission FROM: Community Development Department, Planning & Zoning Ethan Lawton, City Planner / Consultant SUBJECT: A Public Hearing to consider a Conditional Use Permit (Application UP24-01) requesting the sale of alcoholic beverages. SECTION 1: EXECUTIVE SUMMARY Smith River Brewing Company, Inc (Matt FIGURE 1-1: PROJECT LOCATION MAP Wakefield) submitted a Conditional Use Permit (Application UP24-01) requesting the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant within an existing ~6,750 square-foot (sf) commercial structure on a developed parcel within the General Commercial District (C-2) Zone and Visitor and Local Commercial (VLC) General Plan land use designation located at 1348 Front Street (APN 118-080-017). STAFF RECOMMENDS: “Motion to adopt Resolution PC2024-07, read by title only: A Resolution of the Planning Commission of the City of Crescent City Approving a Conditional Use Permit (Application UP24-01) for Smith River Brewing Company’s request for the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant.” ATTACHMENTS: A) UP24-01 Application B) UP24-01 Conditions of Approval C) Resolution PC2024-07 Source: Housing Element (December 2022) February 22, 2024 Page 1 of 15 UP24-01 City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 SECTION 2: BACKGROUND INFORMATION The existing parcel is a developed commercial property that facilitates an existing ~6,750 sf structure that was previously used for the restaurant “Pizza King.” There are no proposed alterations to the square footage or height of the existing structure beyond the previously approved VAR23-01 (April 20. 2023). ADDRESS: APN: PARCEL SIZE: PROJECT SIZE: 1348 Front Street 118-080-017-000 +/- 0.52-acres 0.15 acres Crescent City, CA 95531 +/- 22,651-sf 6,750-sf FIGURE 2-1: PROJECT PARCEL Source: Parcel Quest (January 2024) NOTICE OF PUBLIC HEARING: A Notice of Public Hearing was submitted to the Del Norte Triplicate newspaper (on 01/29/24) to be published (on 02/07/24) in print/online circulation. A similar Notice of Public Hearing was mailed (on 02/07/24) to the property owners within 300-ft of the project location (CCMC §17.46.050) as required (Cal. Gov. Code §65090 & §65094). REQUIRED FINDING #1 (BY THE COMMISSION): □ The Planning Commission has considered this proposed project on this date at a duly noticed public hearing, staff report, and public testimony. UP24-01 Page 2 of 15 February 22, 2024  City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 SECTION 3: PROPOSED PROJECT DESCRIPTION The proposed project includes the request for the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant located in an existing ~6,750 sf structure, with no proposed alterations to the square footage or height of the existing structure beyond the previously approved VAR23-01 (April 20, 2023). The existing structure was previously used for the restaurant “Pizza King.” Additionally, the applicant already has an ABC Type 47 License from the California Department of Alcoholic Beverage Control, which allows the sale of beer, wine, and liquor. The sale of alcoholic beverages will be incidental to the Bakery & Restaurant, as alcohol beverage sales are expected to account for less than 15% of total sales. The Crescent City Municipal Code (CCMC) §17.90.010 (Sale of Alcoholic Beverages), any business selling alcohol requires a Conditional Use Permit (CUP) (See Section 6: Condition Use Permit Review and Section 7: Sale of Alcoholic Beverages Review Process). The proposed project is located within the Visitor and Local Commercial (VLC) General Plan land use designation and within the General Commercial District (C-2) zoning designation (See Section 4: General Plan Consistency and Section 5: Zoning Consistency). FIGURE 3-1: PROPOSED BAKERY & RESTAURANT Source: Google Maps (January 29, 2024) REQUIRED FINDING #2 (BY THE COMMISSION): □ Smith River Brewing Company, Inc (Matt Wakefield) submitted a Conditional Use Permit (Application UP24-01) requesting the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant within an existing ~6,750 square-foot (sf) commercial structure on a developed parcel within the General Commercial District (C-2) Zone and Visitor and Local Commercial (VLC) General Plan land use designation located at 1348 Front Street (APN 118- 080-017). February 22, 2024 Page 3 of 15 UP24-01 City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 SECTION 4: GENERAL PLAN CONSISTENCY The requested sale of alcoholic beverages incidental to Seafront Bakery & Restaurant is located within the Visitor & Local Commercial (VLC) General Plan land use designation (See Figure 4- 1: Section of General Plan Map). FIGURE 4-1: SECTION OF GENERAL PLAN MAP Source: General Plan Map (May 2001) The VCL General Plan land use designation principally permits “restaurants” and “other uses requiring a conditional use permit” like the sale of alcoholic beverages (See Section 5: Zoning Consistency) as the intended uses “provides for a combination of commercial uses including visitor-serving commercial uses, local-serving commercial uses, and regional-serving commercial uses.” The proposed sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant which is a use consistent with the VLC and is similar to some of the surrounding uses (See Table 4-1: Comparison of surrounding Properties). TABLE 4-1: COMPARISON OF SURROUNDING PROPERTIES Vicinity Land Use Designation Current Use Project Property Visitor & Local Commercial (VLC) Seafront Bakery & Restaurant North Visitor & Local Commercial (VLC) Robertson’s Automotive South Open Space (OP) Open Space East Visitor & Local Commercial (VLC) Empty Structure West Visitor & Local Commercial (VLC) 101 M Street Dispensary Inc and Kin Khao Thia Eatery SUPPORTING GENERAL PLAN GOALS/POLICIES: - Goal 1.B. – “To create a compact, pedestrian-oriented, economically-robust VLC area…that provides a clear geographic focus for attracting visitors and residents and for increasing private sector investment. - Policy 1.B.1 – “The City shall actively encourage, support, and provide incentive, where feasible, for the types of development it prefers in the VCL area, including the following: (a) UP24-01 Page 4 of 15 February 22, 2024  City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 Mixed-use projects; (b) Regional anchor stores; (c) Tourism-related uses; (d) Projects that reinforce viable existing uses; and (e) Projects that reinforce the identity of the VLC area.” - Goal 1.G. – “To designate adequate land for commercial land 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.” - Policy 1.G.1 – “The City shall promote high quality design, visual attractiveness, proper location, adequate sites, sufficient off-street parking, and a convenient circulation system for commercially-designated areas of the city.” - Policy 1.I.1. – “The City shall maintain the area designated VCL as the main retail/visitor commercial activity center of the city.” REQUIRED FINDING #3 (BY THE COMMISSION): □ The Planning Commission finds that the proposed project is consistent with the Crescent City General Plan’s VLC (Visitor and Local Commercial) land use designation, in that the proposed project: a) Is categorized as “other uses requiring a conditional use permit” within the VLC; b) “Provides for a combination of commercial uses including visitor-serving commercial uses, local-serving commercial uses, and regional-serving commercial uses” within the VLC; and c) Is supported by the General Plan goals (1.B & 1.G) and policies (1.B.1, 1.G.1, & 1.I.1). February 22, 2024 Page 5 of 15 UP24-01 City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 SECTION 5: ZONING CONSISTENCY The requested sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant located in an existing ~6,750 sf structure within the General Commercial District (C-2) Zone (See Figure 5-1: Section of Zoning Map). COASTAL: This proposed project is not located within the Coastal Zone and is not appealable to the Coastal Commission. FIGURE 5-1: SECTION OF ZONING MAP Source: Zoning Map (December 2007) USE: The C-2 Zoning District principally permits “Indoor and outdoor recreational or travel activities and services, such as: all eating and drinking places” (CCMC §17.22.020) as the intended uses “provides the permanent shopping goods, financial and business, as well as the entertainment center of the community” (CCMC §17.22.010). However, the “sale of alcoholic beverages” requires “approval of a conditional use permit by the planning commission” (CCMC §17.90.010). This Item is further discussed under Section 6: Conditional Use Permit Review. ZONING: The proposed sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant is a use consistent with the C-2 Zoning District (with approval of the CUP) and is similar to some of the surrounding uses (See Table 5-1: Comparison of surrounding Properties). TABLE 5-1: COMPARISON OF SURROUNDING PROPERTIES Vicinity Land Use Designation Current Use Project Property General Commercial District (C-2) Seafront Bakery & Restaurant North General Commercial District (C-2) Robertson’s Automotive South Open Space (O) Open Space East General Commercial District (C-2) Empty Structure West General Commercial District (C-2) 101 M Street Dispensary Inc and Kin Khao Thia Eatery UP24-01 Page 6 of 15 February 22, 2024  City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 DEVELOPMENT STANDARDS & PROPOSED PROJECT: A. Conditional Use Permit: “Before the opening of a new business, extending the hours of operation of any establishment that sells or serves any alcoholic beverage, or adding to the capacity, floor area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages, the applicant must first obtain a conditional use permit from the planning commission” (CCMC §17.90.030) (See Section 6: Conditional Use Permit Review and Section 7: Sale of Alcoholic Beverage Review Process). B. Height and Area Regulations: All permitted uses within the C-2 Zoning District are subject to height and area regulations and are addressed below (See Table 5-2: Comparison of Height and Area Regulations). TABLE 5-2: COMPARISON OF HEIGHT AND AREA REGULATIONS Zoning District Code Regulation Proposed Height (CCMC §17.22.040(A)) 45-ft No Change Front Yard (CCMC §17.22.040(B)(1)) 00-ft No Change [Exterior] Side Yard (CCMC §17.22.040(B)(2)) 00-ft No Change [Interior] Side Yard (CCMC §17.22.040(B)(2)) 00-ft No Change Rear Yard (CCMC §17.22.040(B)(3)) 10-ft No Change Lot Area (CCMC §17.22.040(B)(4)) No Min 0.52-acres/ 22,651-sf Lot Coverage (CCMC §17.22.040(B)(5)) 50% ~30% (Existing) C. Parking, Fencing, and Signs: All permitted uses within the C-2 Zoning District are subject to the general requirements regarding Parking (CCMC §17.22.060(A)), Fencing (CCMC §17.22.060(B)), and Signs (CCMC §17.22.060(B)). The existing off-street parking is legally non-conforming (VAR23-01), and no signs or fencing are proposed. Any future fencing or signage will be subject to a separate permit. D. Site Plan: All permitted uses within the C-2 Zoning District requires a Site Plan & Architectural Design Review (CCMC §17.22.070) and was previously approved on April 20, 2023 (VAR23-01). REQUIRED FINDING #4 (BY THE COMMISSION): □ The Planning Commission finds that the proposed project (with a Conditional Use Permit) is consistent with the Crescent City’s General Commercial District (C-2) Zoning Code, in that the proposed project: a) Is not located within the Coastal Zone and is not appealable to the Coastal Commission; b) Is consistent with the “sale of alcohol” which requires “approval of a conditional use permit by the planning commission” (CCMC §17.90.010); c) “Provides the permanent shopping goods, financial and business, as well as the entertainment center of the community” (CCMC §17.22.010); d) Is subject to all zoning regulations (CCMC §17.22.010). February 22, 2024 Page 7 of 15 UP24-01 City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 SECTION 6: CONDITIONAL USE PERMIT REVIEW The proposed sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant requires a Conditional Use Permit within the C-2 Zone (CCMC §17.90.010) has been scheduled for a public hearing to determine whether the proposed Conditional Use Permit (Application UP24-01) (See Attachment A) shall be approved or denied (CCMC §17.54.030), based on the following standards: A. Existing and Potential Uses (CCMC §17.54.010(B)(1)): The proposed project is compatible with existing and potential uses of the proposed location (See Section 2: Background Information and Section 3: Project Description). B. Noise, Smoke, Dust, Fumes, Vibration, Odors and Hazards (CCMC §17.54.010(B)(2)): The proposed project has considered impact to noise, smoke, dust, fumes, vibration, odors, and hazards (See Section 8: Environmental Determination and Attachment B - Conditions of Approval). C. Minor Effect on Traffic (CCMC §17.54.010(B)(3)): The proposed project site is already developed and suitable and adequate for present and future traffic. D. Nuisance (CCMC §17.54.010(B)(3)): The proposed project will not become a nuisance to the neighborhood (See Section 1: Background Information and Attachment B - Conditions of Approval). E. General Plan (CCMC §17.54.010(B)(3)): The proposed project conforms with the General Plan (See Section 4: General Plan Consistency). F. Off-Street Parking (CCMC §17.54.010(B)(3)): The existing parking is considered legally non-conforming per Parking Variance (VAR23-01) approved by the Planning Commission on April 20, 2023. G. Landscaping and Screening (CCMC §17.54.010(B)(3)): The proposed project maintains existing landscaping and screening (See Attachment B – UP24-01 Conditions of Approval). REQUIRED FINDING #5 (BY THE COMMISSION): □ The Planning Commission finds that the proposed use satisfies the Conditional Use Permit requirements (CCMC §17.54.010(B)), in that the proposed use: a) Is compatible with other existing and potential uses within the general area; b) Will not result in a significant impact on noise, smoke, dust, fumes, vibration, odors, and hazards; c) Will be placed on a site that is both suitable and adequate for the proposed use; d) Will have a minor effect on present and future traffic and that such use will not become a nuisance to the neighborhood; and e) Provides adequate off-street parking, loading, landscaping, and screening. UP24-01 Page 8 of 15 February 22, 2024  City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 SECTION 7: SALE OF ALCOHOLIC BEVERAGE REVIEW PROCESS In addition to the Conditional Use Permit requirements (CCMC §17.54.010) the proposed sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant requires additional review as “conditions of approval will vary with each application including location, on-sale or off-sale business, public convenience and necessity, and any other, city, state, and federal laws that may apply” (CCMC §17.90.030), and subject to the following standards: A. Conditional Use Permit (CCMC 17.90.030(A)): See Section 6: Conditional Use Permit Review. B. 1,000-ft Radius (CCMC 17.90.030(A)(1)): Below (Table 7-1: 1,000-ft Radius) is a list of all establishments, with incidental service of beer and/or wine in the same category of alcoholic beverage sales or service, within a one- thousand-foot radius of the proposed project site: TABLE 7-1: 1,000 FT RADIUS Category Distance License Holder Active On- ~137-ft KIN KHAO (1270 FRONT ST, STE C, CRESCENT CITY, CA 95531- Sale Retail 4132) License Type: 41 (License Number: 602030) Date Orig. Iss.: Licenses 2/6/2019 Expire Date: 1/31/2024 (Census Tract: 0001.01) ~628-ft MARLO'S RESTAURANT (383 M ST, CRESCENT CITY, CA 95531- 4118) License Type: 41 (License Number: 635356) Date Orig. Iss.: 5/27/2022 Expire Date: 11/30/2024 (Census Tract: 0001.02) ~662-ft PERLITAS AUTHENTIC MEXICAN RESTAURANT (297 US HIGHWAY 101 S, CRESCENT CITY, CA 95531-4409) License Type: 41 (License Number: 484064) Date Orig. Iss.: 12/23/2009 Expire Date: 10/31/2024 (Census Tract 0001.02) ~912-ft CRISTINAS MEXICAN RESTAURANT (237 PRICE MALL, CRESCENT CITY, CA 95531-4346) License Type: 41 (License Number: 522617) Date Orig. Iss.: 7/26/2012 Expire Date: 6/30/2024 (Census Tract: 0001.01) Active ~771-ft WILD RIVERS MARKET (450 M ST, CRESCENT CITY, CA 95531) Off-Sale License Type: 20 (License Number: 528312) Date Orig. Iss.: 1/4/2013 Retail Expire Date: 12/31/2024 (Census Tract: 0001.01) Licenses ~769-ft GROCERY OUTLET (1124 3RD ST, CRESCENT CITY, CA 95531) License Type: 20 (License Number: 293485) Date Orig. Iss.: 5/31/1994 Expire Date: 6/30/2024 (Census Tract: 0001.01) ~815-ft SAFEWAY INC #954 (475 M ST, CRESCENT CITY, CA 95531) License Type: 21 (License Number: 194092) Date Orig. Iss.: 1/22/1987 Expire Date: 6/30/2024 (Census Tract: 0001.02) Active N/A None Non-Retail Licenses Source: ABC website (https://www.abc.ca.gov/licensing/licensing-reports/licenses-by-county-and-census-tract/) on January 30, 2024 February 22, 2024 Page 9 of 15 UP24-01 City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 C. ABC Overconcentration (CCMC 17.90.030(A)(1)): On January 31, 2024 at 12:33 PM Bryan Daley, a Licensing Representative of the Department of Alcoholic Beverage Control in correspondence with City staff stated, “1348 Front Street is in census tract 1.02 of Del Norte County. Based on population, that census tract has an undue concentration of on-sale licenses after the 6th such license. Meanwhile, that census tract currently has 13 on-sale licenses, one of which is Seafront Bakery’s type 47. In short, there is presently an undue concentration of retail, on-sale alcohol licenses at census tract 1.02 in Del Norte County.” As a result, “the planning commission may not approve the application unless it makes all of the findings of ‘public convenience or necessity’” (CCMC 17.90.030(A)(1)) (See H: PCN Findings). D. Census Tract (CCMC 17.90.030(A)(2)): According to the ABC website on January 30, 2022 the proposed project is located within Census Tract 0001.02 including 16 Active On-Sale Retail Licenses, 10 Active Off-Sale Retail Licenses, and 0 Active Non-Retail Licenses. E. Crime Reporting District (CCMC 17.90.030(A)(3)): On Monday, January 29, 2024 at 6:25 PM Richard Griffin, Chief of Police of the City of Crescent City, in correspondence with City Staff, stated, “It does not exceed the average for crime reporting within our jurisdiction. The majority of crime reported in that area would be petty theft from the shopping complex to the north.” F. Proximity Distance (CCMC 17.90.030(A)(4)): The proposed project site has a proximity distance of ~2,500-ft from a school (Head Start at 711 H Street), ~1,000-ft from a park (Beachfront Park), ~1,000-ft from a playground (Beachfront Park), ~500-ft from a recreational center (Jedediah Smith Redwood State Park Visitor Center), ~700-ft from a day care (Del Norte Childcare Council), and ~136-ft from a similar use (Kin Khoa). G. Public Convenience or Necessity (CCMC 17.90.030(B)): On January 31, 2024 at 12:33 PM Bryan Daley, a Licensing Representative of the Department of Alcoholic Beverage Control in correspondence with City staff stated, “1348 Front Street is in census tract 1.02 of Del Norte County. Based on population, that census tract has an undue concentration of on-sale licenses after the 6th such license. Meanwhile, that census tract currently has 13 on-sale licenses, one of which is Seafront Bakery’s type 47. In short, there is presently an undue concentration of retail, on-sale alcohol licenses at census tract 1.02 in Del Norte County.” And “If ABC’s approving the application would cause or exacerbate an undue concentration, then the license application is not automatically denied. Rather, the licensee must explain why issuing the license would serve the public’s convenience or necessity. Then, for the application to overcome the undue concentration hurdle, either ABC or the local governing body (depending on the type of retail license at issue) must find that issuing the license despite the undue concentration would serve public convenience or necessity.” As a result, “the planning commission may not approve the application unless it makes all of the findings of ‘public convenience or necessity’” (CCMC 17.90.030(A)(1)) (See H: PCN Findings). UP24-01 Page 10 of 15 February 22, 2024  City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 H. PCN Findings (CCMC 17.90.030(C)(1-4)): A) Economic/GP: The proposed establishment will promote the city’s economic health, and is consistent with the VLC general plan land use designation and any applicable specific plan policies to further district purposes. B) Violations: The applicant has not operated a licensed establishment, which has been the subject of verified complaints, or violations regarding alcohol, public safety or nuisance statutes or regulations. On Monday, January 29, 2024 at 6:25 PM Richard Griffin, Chief of Police of the City of Crescent City, in correspondence with City Staff, stated, “The applicant does has not had any complaints that I am aware of, and has been found to be in compliance when we do our ABC operations. I am not aware of any public safety issues or nuisances either. The applicant actually works a lot with the police department to stop issues like these in the community and would be highly recommended.” C) Crime: The police department has reported that the proposed establishment would not be expected to add to crime in the area. On Monday, January 29, 2024 at 6:25 PM Richard Griffin, Chief of Police of the City of Crescent City, in correspondence with City Staff, stated, “I do not expect the proposed establishment to add to the crime in the area.” D) Incidental: The alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment and are estimated to be less than 15% of total sales. I. Commercial Zones (CCMC 17.90.030(D)): The sale of alcoholic beverages for off-premises consumption may only be allowed by conditional use permit in the C-l, C-2 and CW zones (CCMC 17.90.030(D)). J. Distance Consideration (CCMC 17.90.030(E)(1-5)): The planning commission may take into consideration the proximity of the proposed alcohol retailer with parcels occupied by A) Schools (public or private): Head Start at 711 H Street (~2,500-ft); B) Churches or other places of worship: Bethel Christian Center and Lighthouse Fellowship Church (~1,600-ft); C) Hospitals, clinics, or other health care facilities: Redwood Urgent Care (~200-ft); D) Public parks and playgrounds: Beachfront Park (~1,000-ft) and other similar uses; and E) Residential uses: 484 K St (~900-ft). REQUIRED FINDING #6 (BY THE COMMISSION): □ The Planning Commission finds that the proposed sale of alcoholic beverages meets the conditions of approval (CCMC §17.90.030) and is considered a Public Convenience or Necessity (CCMC 17.90.030(C)(1-4)), in that: a) The Conditional Use Permit requirements are satisfied (CCMC 17.90.030(A)); b) A 1,000-ft Radius of same category of alcoholic beverage sales or service were considered (CCMC 17.90.030(A)(1)); c) ABC determined there were an overconcentration of on-sale licenses (CCMC 17.90.030(A)(1)); d) ABC License within the Census Tract were considered (CCMC 17.90.030(A)(2)); e) The local Crime Reporting District were considered (CCMC 17.90.030(A)(3)); f) The Proximity Distance of schools, parks, playgrounds, recreational centers, day cares, and similar uses were considered (CCMC 17.90.030(A)(4)); February 22, 2024 Page 11 of 15 UP24-01 City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 g) The application may not be approved unless all of the findings of Public Convenience or Necessity are made (CCMC 17.90.030(B)); h) The proposed establishment will promote the city’s economic health, and is consistent with the VLC general plan land use designation and any applicable specific plan policies to further district purposes (CCMC 17.90.030(C)(1)); i) The applicant has not operated a licensed establishment, which has been the subject of verified complaints, or violations regarding alcohol, public safety or nuisance statutes or regulations (CCMC 17.90.030(C)(2)); j) The police department has reported that the proposed establishment would not be expected to add to crime in the area (CCMC 17.90.030(C)(3)); k) The alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment (CCMC 17.90.030(C)(4)); l) Off-premises consumption may only be allowed by conditional use permit in the C-l, C-2 and CW zones (CCMC 17.90.030(D)); and m) The Distance of schools, churches, hospitals, public parks and playgrounds, similar uses, and residential uses were considered (CCMC 17.90.030(E)(1-5)). SECTION 8: ENVIRONMENTAL DETERMINATION SUMMARY The proposed project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to following sections of the CEQA Guidelines: A. Class 32 §15332. In-Fill Development Projects, consists of the proposed project: 1. Is consistent with the applicable general plan designation, policies, and zoning designation and regulations: The proposed project is consistent with the Crescent City General Plan’s VCL (Visitor and Local Commercial) land use designation and is consistent with the Crescent City’s General Commercial (C-2) Zoning Code (with Conditional Use Permit). 2. Development occurs within city limits on a project site (<5 acres) substantially surrounded by urban uses: The project site is located in the City of Crescent City, is approximately 0.52 acres, and is located adjacent to existing commercial uses; 3. Site has no value, as habitat for endangered, rare, or threatened species: The project will be located on a site that has had past disturbances, is already developed and is surrounded by paved surfaces and contains no habitat for rare, threatened, or endangered species; 4. Approval would not result in any significant effects relating to traffic, noise, air quality, or water quality: The project proposes sale of alcohol to accompany the Bakery & Restaurant use in a developed commercial area that already services commercial use and has a limited potential to result in significant traffic, noise, air quality, or water quality impacts; 5. Site can be adequately served by all required utilities and public services: The site is surrounded by and is already adequately served by utilities and public services. UP24-01 Page 12 of 15 February 22, 2024  City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 B. Class 1 §15301(a). Existing Facilities, consists of the proposed project: 1. Interior or exterior alterations: The proposed project proposes a changed use within an existing structure. REQUIRED FINDING #7 (BY THE COMMISSION): □ The Planning Commission finds that the proposed project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 §15301(a) (Existing Facilities) and Class 32 §15332 (In-fill Development) of the CEQA Guidelines, in that the proposed project: a) Is consistent with the Crescent City General Plan’s VCL (Visitor and Local Commercial) land use designation and is consistent with the Crescent City’s General Commercial (C-2) Zoning Code (with Conditional Use Permit); b) Is located in the City of Crescent City, is approximately 0.52 acres, and is located adjacent to existing commercial uses; c) Is located on a site which has had past disturbances, contains existing development, and is surrounded by paved surfaces containing no habitat for rare, threatened, or endangered species; d) Is within a developed commercial area that already services commercial use and has a limited potential to result in significant traffic, noise, air quality, or water quality impacts; e) Is surrounded by and is already adequately served by utilities and public services; and f) Proposes a changed use within an existing structure. SECTION 9: INTER-DEPARTMENTAL PLANNING REFERRALS The Inter-Departmental Planning Referrals were provided (on 01/29/24) to other City departments which included the following comments/conditions: A. Police Department: Approved with “No concerns” 01/29/24. B. Fire and Rescue: Approved with “No concerns” 01/29/24. C. Building Department: None D. Public Works Department: None REQUIRED FINDING #8 (BY THE COMMISSION): □ The Planning Commission finds that the proposed project is to be subject to the Conditions of Approval found in Attachment B. SECTION 10: PLANNING COMMISSION ACTION OPTIONS A. APPROVAL. Making all the required findings. February 22, 2024 Page 13 of 15 UP24-01 City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 • “I move to adopt Resolution PC2024-07, read by title only: A Resolution of the Planning Commission of the City of Crescent City Approving a Conditional Use Permit (Application UP24-01) for Smith River Brewing Company’s request for the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant. • Planning staff will send the applicant an approval letter, after the 10-day appeal period (CCMC §17.46.050), along with the resolution, as adopted by the Planning Commission during the public hearing. The applicant would be granted approval on their UP24-01 application, allowing the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant, together with such conditions, shall be signed, dated, and mailed to the applicant (CCMC §17.46.040(C)). The planning commission secretary shall place one copy of the approved plans in the files of the planning commission (CCMC §17.46.040(C)). B. DENIAL. Denying one, or more, of the required findings. • “I move to deny the Conditional Use Permit (UP24-01) due to the requirements not being fully satisfied, specifically regarding ________.” • Planning staff will send the applicant a denial letter stating why the application was denied. The applicant would not be allowed to sell alcoholic beverages. C. REQUEST ADDITIONAL INFORMATION. Requiring additional information to make the necessary findings. • “I move to request additional information regarding __________ be brought back to the March 14, 2024 (or, time certain, Special) Planning Commission meeting for consideration.” • Planning staff will follow up with the applicant requesting any additional information, which will continue this item on the next scheduled Planning Commission meeting agenda (CCMC §17.46.050) scheduled for Thursday, March 14, 2024, or a specific alternative Special Planning Commission meeting. SECTION 11: STAFF RECOMMENDATION 1. (Chair) “Agenized Item #1: A Public Hearing to consider a Conditional Use Permit (Application UP24-01) requesting the sale of alcoholic beverages.” 2. (Chair) “I will open the Public Hearing.” 3. (Chair) “We will now receive a presentation on the Staff Report from Planner Lawton.” 4. (Chair) “Does any Commissioners have any clarifying questions for staff?” a. (Chair) “Does the Applicant wish to address the Planning Commission?” 5. (Chair) “I will open Public Comment, which we will receive at the podium.” a. “We request that (1) you state your name and residency, (2) subject to a three-minute comment be directed to the Planning Commission for consideration, and (3) please state if you are for-or-against the proposed project.” b. (Chair) Any clarifying questions? 6. (Chair) “I will close Public Comment.” UP24-01 Page 14 of 15 February 22, 2024  City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #1 7. (Chair) “Is there any discussion on this item from the Commissioners?” 8. (Chair) “I believe a motion would be in order.” a. (Commissioner) Adopt Resolution PC2024-07, read by title only: A Resolution of the Planning Commission of the City of Crescent City Approving a Conditional Use Permit (Application UP24-01) for Smith River Brewing Company’s request for the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant. b. Note: Any changes should be included in the motion. 9. (Chair) “A motion has been made by Commissioner _________. Is there a second?” 10. (Chair) “It was seconded by Commissioner __________.” 11. (Chair) “A motion was made and seconded to: Adopt Resolution PC2024-07, read by title only: A Resolution of the Planning Commission of the City of Crescent City Approving a Conditional Use Permit (Application UP24-01) for Smith River Brewing Company’s request for the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant. a. Note: Any changes should be included in the motion. 12. (Chair) “Is there any additional discussion from the Commissioners on the motion?” 13. (Chair) “Seeing as there is no further discussion, it is time for a vote on the motion, Specialist Welton, can you poll the vote?” 14. (Chair) “The motion passes (or fails) by a vote of ___-to-___.” (Example 5-0) ----- END OF REPORT ----- February 22, 2024 Page 15 of 15 UP24-01 UP24-01 $361.50 01/24/24 7957969 01/25/24 C-2 VLC THIS PAGE WAS LEFT BLANK INTENTIONALLY  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE ATTACHMENT B: CONDITIONS OF APPROVAL UP24-01 – Smith River Brewing Company On February 22, 2024, the Planning Commission of the City of Crescent City approved, by adopting Resolution PC2024-04, to grant a Conditional Use Permit (Application UP24-01) to allow the Smith River Brewing Company to sell alcoholic beverages to accompany the proposed Bakery & Restaurant within an existing ~6,750 square-foot commercial structure on a developed parcel in the C-2 Zone (General Commercial District) and VLC (Visitor and Local Commercial) General Plan land use designation located at 1348 Front Street (APN 118-080-017), subject to the following conditions: 1. Zoning. The applicant shall be required to maintain compliance with all requirements of the City’s Municipal Code including, but not limited to, Chapter 17.22 (General Commercial District). 2. Use Permit. The approved project shall be operated according to the approved proposed use (Application UP24-01) submitted 01/24/24, or as modified by the Planning Commission. a. Transfer. 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)). b. Revocable. 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). 3. Off-Street Parking. It is unlawful for any person, firm or corporation who owns, leases, or controls a building or structure to fail, neglect or refuse to provide and maintain off- street parking and loading facilities as required (CCMC §17.42.010). a. Required. All off-street parking spaces shall be maintained in accordance with the Off-Street Parking regulations (CCMC §17.42.120(B)). b. Use. No sale, storage, repair work, dismantling or servicing of any kind shall be permitted on required parking spaces (CCMC §17.42.120(G)). 4. Landscaping. Property owners or occupants shall maintain landscaping to be free from physical damage or injury arising from lack of water, chemical damage, insects, and diseases (CCMC §17.43.020(G)). a. Replacement. The property owner shall immediately replace any plant material UP24-01 Page 1 of 3 February 22, 2024  Attachment B Conditions of Approval that dies, deteriorates, or is damaged by the causes listed above (CCMC §17.43.020(G)). b. Appearance. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage, or appearance (CCMC §17.43.040(C)). c. Maintenance. Trees, shrubs, hedges, and other plant materials shall be maintained so as not to create sight hazard as determined by the Director of Public Works (CCMC §17.43.040(D)). 5. Departments. The applicant shall comply with permit requirements of the City of Crescent City’s Public Works Department, Police Department, Fire & Rescue, Finance Department, Building Department, and Community Development Department, as applicable. 6. Sale of Alcoholic Beverages. The sale of alcohol should ensure the compatibility with surrounding uses and properties and to avoid any negative impacts associated with such uses (CCMC §17.90.010) subject to Chapter 17.79 including: a. Employee Training. All employees must be trained with the knowledge and skills that will enable them to comply with their responsibilities under law (CCMC §17.90.040(A)) including, but not limited to: i. State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws; ii. The effects of alcohol on the body, and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle; and iii. Methods for dealing with intoxicated customers and recognizing underage customers. b. Litter Free. The premise subject to the Conditional Use Permit must be maintained free of litter (CCMC §17.90.040(B)). c. Advertising. No signs advertising the sale of alcoholic beverages may be displayed outside of the store (CCMC §17.90.040(C)). d. Loitering. Loitering of persons about the premises must not be tolerated or permitted (CCMC §17.90.040(D)). e. Off-Site. No sale of alcohol is allowed for off-site consumption (CCMC §17.90.040(E)(1)). f. Noise. The noise levels generated by the operation of such establishment must not UP24-01 Page 2 of 3 February 22, 2024  Attachment B Conditions of Approval negatively impact adjoining properties (CCMC §17.90.040(E)(2)). g. Lighting. Exterior lighting and interior lighting must be sufficient to provide illumination for security and safety and to make easily discernable the appearance and condition of persons. On-site lighting plans must be submitted for review and approval (CCMC §17.90.040(E)(3)). h. Intoxicated Limits. Alcohol must not be sold or served to any persons who are discernibly intoxicated (CCMC §17.90.040(E)(4)). i. Landscaping. No vegetation around the site that can be used as a hiding place (CCMC §17.90.040(E)(5)). j. Minors. A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting trespassing or public drinking must be posted (CCMC §17.90.040(E)(6)). k. COA Copy. A copy of these Conditions of Approval (COA) must be kept on the premises and available upon request (CCMC §17.90.040(E)(7)). l. Permit Change. Should the current alcohol permit be subject to change to include off-site establishment, the conditions of approval would be subject to change according to CCMC §17.90.040(E). m. Liquor. Should the current alcohol permit be subject to change to include liquor license, the conditions of approval may be subject to change according to CCMC §17.90.030(G). n. Revocation. If any of these Conditions of Approval are found to be disregarded, the Conditional Use Permit for alcohol sales will be subject to revocation and if necessary, the Planning Commission may modify the Conditional Use Permit after holding a noticed public hearing and making applicable findings (CCMC §17.90.030(F)). 7. Conditional Use Permit. Before the opening of a new business, extending the hours of operation of any establishment that sells or serves any alcoholic beverage, or adding to the capacity, floor area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages, the applicant must first obtain a Conditional Use Permit from the Planning Commission (CCMC §17.90.030). ----- END OF CONDITIONS ----- UP24-01 Page 3 of 3 February 22, 2024 THIS PAGE WAS LEFT BLANK INTENTIONALLY  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL DESIGN REVIEW COMMITTEE AGENDA ITEM: #1 Incorporated April 13, 1854 web: www.crescentcity.org ATTACHMENT B RESOLUTION NO. PC2024-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CRESCENT CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES WHEREAS, Smith River Brewing Company, Inc (Matt Wakefield) submitted a Conditional Use Permit (Application UP24-01) requesting the sale of alcoholic beverages incidental to the Seafront Bakery & Restaurant within an existing ~6,750 square-foot (sf) commercial structure on a developed parcel within the General Commercial District (C-2) Zone and Visitor and Local Commercial (VLC) General Plan land use designation located at 1348 Front Street (APN 118-080-017); WHEREAS, the Planning Commission has considered this proposed project on this date at a duly noticed public hearing, staff report, and public testimony; WHEREAS, the Planning Commission finds that the proposed project is consistent with the Crescent City General Plan’s VLC (Visitor and Local Commercial) land use designation, in that the proposed project: a. Is categorized as “other uses requiring a conditional use permit” within the VLC; b. “Provides for a combination of commercial uses including visitor-serving commercial uses, local-serving commercial uses, and regional-serving commercial uses” within the VLC; and c. Is supported by the General Plan goals (1.B & 1.G) and policies (1.B.1, 1.G.1, & 1.I.1). WHEREAS, the Planning Commission finds that the proposed project (with a Conditional Use Permit) is consistent with the Crescent City’s General Commercial District (C-2) Zoning Code, in that the proposed project: a) Is not located within the Coastal Zone and is not appealable to the Coastal Commission; b) Is consistent with the “sale of alcohol” which requires “approval of a conditional use permit by the planning commission” (CCMC §17.90.010); c) “Provides the permanent shopping goods, financial and business, as well as the entertainment center of the community” (CCMC §17.22.010); d) Is subject to all zoning regulations (CCMC §17.22.010). WHEREAS, the Planning Commission finds that the proposed use satisfies the Conditional Use Permit requirements (CCMC §17.54.010(B)), in that the proposed use: a) Is compatible with other existing and potential uses within the general area; b) Will not result in a significant impact on noise, smoke, dust, fumes, vibration, odors, and hazards; c) Will be placed on a site that is both suitable and adequate for the proposed use; Resolution No. PC2024-04 Page 1 of 3 February 22, 2024  A Conditional Use Permit For the Sale of Alcoholic Beverages d) Will have a minor effect on present and future traffic and that such use will not become a nuisance to the neighborhood; and e) Provides adequate off-street parking, loading, landscaping, and screening. WHEREAS, the Planning Commission finds that the proposed sale of alcoholic beverages meets the conditions of approval (CCMC §17.90.030) and is considered a Public Convenience or Necessity (CCMC 17.90.030(C)(1-4)), in that: a) The Conditional Use Permit requirements are satisfied (CCMC 17.90.030(A)); b) A 1,000-ft Radius of same category of alcoholic beverage sales or service were considered (CCMC 17.90.030(A)(1)); c) ABC determined there were an overconcentration of on-sale licenses (CCMC 17.90.030(A)(1)); d) ABC License within the Census Tract were considered (CCMC 17.90.030(A)(2)); e) The local Crime Reporting District were considered (CCMC 17.90.030(A)(3)); f) The Proximity Distance of schools, parks, playgrounds, recreational centers, day cares, and similar uses were considered (CCMC 17.90.030(A)(4)); g) The application may not be approved unless all of the findings of Public Convenience or Necessity are made (CCMC 17.90.030(B)); h) The proposed establishment will promote the city’s economic health, and is consistent with the VLC general plan land use designation and any applicable specific plan policies to further district purposes (CCMC 17.90.030(C)(1)); i) The applicant has not operated a licensed establishment, which has been the subject of verified complaints, or violations regarding alcohol, public safety or nuisance statutes or regulations (CCMC 17.90.030(C)(2)); j) The police department has reported that the proposed establishment would not be expected to add to crime in the area (CCMC 17.90.030(C)(3)); k) The alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment (CCMC 17.90.030(C)(4)); l) Off-premises consumption may only be allowed by conditional use permit in the C-l, C-2 and CW zones (CCMC 17.90.030(D)); and m) The Distance of schools, churches, hospitals, public parks and playgrounds, similar uses, and residential uses were considered (CCMC 17.90.030(E)(1-5)). WHEREAS, the Planning Commission finds that the proposed project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 §15301(a) (Existing Facilities) and Class 32 §15332 (In-fill Development) of the CEQA Guidelines, in that the proposed project: a) Is consistent with the Crescent City General Plan’s VCL (Visitor and Local Commercial) land use designation and is consistent with the Crescent City’s General Commercial (C-2) Zoning Code (with Conditional Use Permit); b) Is located in the City of Crescent City, is approximately 0.52 acres, and is located adjacent to existing commercial uses; c) Is located on a site which has had past disturbances, contains existing development, and is surrounded by paved surfaces containing no habitat for rare, threatened, or endangered species; Resolution No. PC2024-07 Page 2 of 3 February 22, 2024  A Conditional Use Permit For the Sale of Alcoholic Beverages d) Is within a developed commercial area that already services commercial use and has a limited potential to result in significant traffic, noise, air quality, or water quality impacts; e) Is surrounded by and is already adequately served by utilities and public services; and f) Proposes a changed use within an existing structure. NOW THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Crescent City approves the Conditional Use Permit (Application UP24-01) to allow the sale of alcoholic beverages, subject to the Conditions of Approval (Attachment B), located at 1348 Front Street (APN 118-080-017). PASSED AND ADOPTED at a meeting of the Planning Commission of the City of Crescent City held on this 22nd day of February 2024, by the following polled vote. AYES: NOES: ABSTAIN: ABSENT: _______________________________ Ray Walp, Chairperson ATTEST: _____________________________ Heather Welton, Community Development Specialist Resolution No. PC2024-07 Page 3 of 3 February 22, 2024 THIS PAGE WAS LEFT BLANK INTENTIONALLY  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL DESIGN REVIEW COMMITTEE AGENDA ITEM: #2 Incorporated April 13, 1854 web: www.crescentcity.org STAFF REPORT MEETING DATE: Thursday, February 22, 2024 TO: Planning Commission FROM: Community Development Department, Planning & Zoning Ethan Lawton, City Planner / Consultant SUBJECT: Review DRAFT Ordinance (Chapter 17.55) Recreational Vehicles on Private Property. SECTION 1: BACKGROUND INFORMATION In March 2019, the City Council directed staff to expand on Recreational Vehicle (RV) use through development of a RV long-term parking ordinance on private property (for numerous reasons, not limited to displacements due to disasters, mishaps, financial hardships, domestic violence, housings shortage etc.). This regulation is in addition to the oversized vehicle parking regulations outlined in Chapter 12.40 “PARKING REGULATIONS” of the municipal code. The City Council discussed the permitting of RV parking and use on private property within City limits during the December 2019 City Council Meetings. SECTION 2: PROPOSED PROJECT DESCRIPTION The Planning Commission previously discussed the permitting of RV parking and use on private property within City limits during the January 9, 2020, February 20, 2020, and March 12, 2020 Planning Commission meetings. Below is a summary of the proposed ordinance’s major features: • Purpose o RV long term and short-term use on residential properties • Residential Areas o In R-1, R-2, R-3, and R-P residential zones RVs will be allowed to be used as a temporary residence through a permitting process. o For each subject parcel, one RV may be stored or used as a residence. • Placement and Yards o RV’s must meet the front yard setback for long-term use > 90days. o Five-foot clearance is required on all sides of the RV. o RV’s need to be kept in a movable and operational condition o • Permitting o Short-term permits will be issued over the counter, allowing 0-90 days. February 22, 2024 Page 1 of 2 RV Ord. City of Crescent City – Special Planning Commission Meeting Staff Report - Agenda Item: #2 o Long-term permits, 91-365 days will be allowed by use permit.  Use permits will be conditioned on the following: • Permanent installation of water service. • Permanent installation of sewer service. • Permanent installation of electrical service. • Subject to annual review. • Architectural review (screening could be required). • Site plan review. • Gravel, concrete, or other hard parking surface. • Property owner permission to install. • Building/construction permits. • Standards o This ordinance only applies to RV’s, as defined in the regulations. o Fees for water and sewer service shall be per Resolution 2019-57B. • Coverings o No temporary coverings are allowed. o Permanent structures are permitted, compliant with the building code. o Fitted covers are allowed. • Violation o Violations of the ordinance will result in fines and/or cancelation of the permit. SECTION 3: REVISIONS AND REVIEW The DRAFT Ordinance (Chapter 17.55) Recreational Vehicles on Private Property was approved by the Planning Commission on March 12, 2020 and was recommend to the City Council for consideration. The City Council tabled the review of the DRAFT Ordinance (Chapter 17.55) Recreational Vehicles on Private Property until the Accessory Dwelling Unit Ordinance was drafted and reviewed. The Accessory Dwelling Unit Ordinance (CCMC Ch.17.35) was discussed by the Planning Commission during the April 20, 2023 and May 25, 2023 Planning Commission Meetings and recommended the City Council to consider adoption. The City Council discussed the Accessory Dwelling Unit Ordinance during the June 20, 2023 and July 10, 2023 meetings with the Ordinance Introduction on August 7, 2023 and Adoption (by Ordinance No. 837) on September 14, 2023. City Staff have recently reviewed and revised the RV Ordinance and have determined that it should be re-introduced to the Planning Commission for discussion. See Attachment A: DRAFT Chapter 17.55 Recreational Vehicles on Private Property. SECTION 4: STAFF RECOMMENDATION Provide Direction to Staff about revisions to the DRAFT Ordinance (Chapter 17.55) Recreational Vehicles on Private Property. ----- END OF REPORT ----- RV Ord. Page 2 of 2 February 22, 2024  CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL DESIGN REVIEW COMMITTEE AGENDA ITEM: #2 Incorporated April 13, 1854 web: www.crescentcity.org ATTACHMENT A Crescent City Municipal Code DRAFT Chapter 17.55 Recreational Vehicles on Private Property 17.55.010 Purpose. The purpose of the recreational vehicle (RV) regulation is to clearly define what is considered a recreational vehicle; to identify locations and standards for storage of recreational vehicles in residential zones; to identify requirements for temporary parking and use of recreational vehicles in order to protect the integrity, value and character of residential neighborhoods and public health and safety concerns. 17.55.020 Definitions. For the purpose of this chapter, the following words and phrases shall have the following meanings: “Residential parcel” means all parcels located within the city designated as zones R-1, R- 2, R-3, RP in Title 17 of this Code. “RV” or “recreational vehicle” means a vehicle with or without motive power, designed or utilized for camping, sleeping, eating or resting and for carrying persons or property on its own structure, whether being drawn by motor power or other means and includes, but is not limited to, travel trailers, campers, motorhomes, campervans, truck campers, or tent trailers. “Temporary residential use” means to reside temporarily in a fixed location. 17.55.030 Residential Parcels. All property, except that containing a mobilehome park, within the City designated as a “residential parcel” specifically allows the storage or temporary residential use of a recreational vehicle as defined in this chapter pursuant to all of the following requirements: A. No more than one RV may be used, placed, kept, or maintained on a residential parcel at one time. B. The residential parcel must have at least one existing permanent dwelling on the parcel or a valid building permit for the construction of a permanent dwelling. C. RV that are stored or occupied must remain operational, mobile and be maintained free of outdoor storage or adequately screened from adjacent properties. 17.55.040 RV Placement and Yards. A. In no case shall a recreational vehicle be parked on a residential parcel as follows: 1. within ten feet of the street curb face; 2. within the restricted sight zone on a corner lot as set forth in Section 17.08.080; 3. within the front yard setback of the parcel’s zoning setback; nor 4.within the boundaries of any recorded easements. RV Ord. Page 1 of 3 February 22, 2024  Review DRAFT Ordinance (Chapter 17.55) Recreational Vehicles on Private Property. B. An encroachment into the side yard setback shall be permitted provided that a 5-foot emergency access path is maintained around the RV at all times. C. In no case, shall the RV be considered, or counted, as part of the lot coverage percentage calculations. D. For parking or temporary residential use of RVs (more than 90 days within a calendar year), a gravel or other hard surface must be installed and maintained for placement of the RV. 17.55.050 RV Temporary Occupancy Permit Required. All temporary residential uses of RVs require a permit and shall meet the following standards: A. Application and fees, along with a site plan showing compliance with regulations included in the CCMC must be submitted to and approved by planning staff. B. Permit approval is subject to Site Plan & Architectural/Design Review Approval set forth in Section 17.46.010. C. The City may impose additional conditions as needed to ensure compliance with regulations and to reduce adverse impacts to surrounding neighborhood properties. 17.55.060 RV Temporary Occupancy Permit Duration. RV temporary occupancy permits shall be one of the following: A. A Short-term RV Occupancy Permit issued by planning staff, allowing up to 90 days of residential use within a calendar year, shall be an administrative permit for short-term residential use of the RV. B. A Long-term RV Occupancy Permit issued by the Planning Commission, allowing up to a full calendar year of residential use, shall be subject to the Use Permit process set forth in Section 17.54. 17.55.070 RV Standards. Prior to occupancy under a Long-term RV Occupancy Permit, the following standards shall be met: A. At all times, the property owner or the property owner’s authorized agent shall obtain all City permits for all RVs that are hooked-up to utilities. Written consent of the property owner is required in all cases. B. For water hook-ups, the recreational vehicle shall be connected to an approved source of water from the public water supply. C. For sewage disposal hook-ups, the recreational vehicle shall be connected to an approved sewage disposal system from the public sewer system. D. For electricity hook-ups, the recreational vehicle shall be connected to an approved source of electricity meeting one of the following criteria: a. Permitted electrical service hook-up; or RV Ord. Page 2 of 3 February 22, 2024  Review DRAFT Ordinance (Chapter 17.55) Recreational Vehicles on Private Property. b. Other power source approved by the Public Works Department. E. Fees for water and sewer services shall be per City ordinance or resolution. 17.55.080 Coverings. No temporary coverings such as tarps or cloth screens or plastic sheeting are permitted. Fitted covers and permanent canopies are permitted and may be used as long as they are specifically designed for a recreational vehicle. All fitted covers and permanent canopies shall be maintained in good condition. Permanent canopies are structures which are permanently fixed to the ground and shall comply with all required building codes and Crescent City Municipal Code. 17.55.090 Prohibited activities. The residential use of recreational vehicles under this ordinance shall not be allowed within the boundaries of City limits and permits may be revoked for any of the following: A. Code enforcement officers, building official/inspectors, or any other city official finds an unsafe or blighted condition that is not corrected within one week of notification of the condition. B. If the County Health Department deems it a hazard, or hazardous, immediate action may be taken by City staff. C. Failure by the property owner or permit holder to comply with this or any other City ordinance. D. Displaying a fraudulent, forged, altered, or counterfeit RV parking permit or permit number with the intent to avoid compliance with this section. 17.55.100 Enforcement. In addition to all other remedies and penalties available under this chapter, under other sections of this Code or under other laws, any person, firm, or corporation who violates the provisions of this chapter shall be guilty of an infraction for each day such violation continues and shall be subject to the penalties set forth in Chapter 1.24 of this Code. ----- END OF ORDINANCE ----- RV Ord. Page 3 of 3 February 22, 2024 THIS PAGE WAS LEFT BLANK INTENTIONALLY  CITY OF CRESCENT CITY – COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING & ZONING 377 J Street, Crescent City, CA 95531 (707-464-9506) PLANNING & ZONING REPORT Agenda Item #3 TO: Planning Commission (Chairperson Wendt and Members of the Planning Commission) PREPARED BY: Community Development Department, Planning & Zoning (Ethan Lawton, City Planner/Consultant) DATE/TIME: February 22, 2024 SUBJECT: Planning & Zoning Report UPDATES: • EMERGENCY CDP – South Pebble Beach Drive -Bank Stabilization • HCD Pro-Housing Designation PREVIOUS PROJECTS: Melba Policicchio | Broadband Specialist | California Coastal Commission: • Caltrans District 1 submitted their CDP application for the Middle Mile Broadband Project. • Application is moving forward and hope to bring it to hearing in March (March 13-15). • I will send you a link to the agenda item once it is posted. Signs Ordinance –City Council Zoning Change -City Council NEXT SCHEDULED MEETING: • Thursday, March 14, 2023 (Regular Planning Commission Meeting) o UP24-02 -The Fractured Portal o General Plan – Annual Progress Report (Action) o RV Ordinance (Action) o Density Bonus Ordinance (Discussion) Planning & Zoning Report/Update Page 1 of 1 February 8, 2024 THIS PAGE WAS LEFT BLANK INTENTIONALLY