Monterey County Planning Commission

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1 Monterey County Planning Commission Meeting: July 30, 2003, 10:50 am Agenda Item: 5 Project Description Combined Development Permit (/Hamlin-Solano) consisting of: General Development Plan to establish development and operation standards for a 1.5-acre site with seven existing buildings totaling 11,428 square feet including one residential unit, five commercial buildings and one mixed use (commercial/residential) building; and Coastal Development Permit for a change of use from all retail (antique store) to a restaurant (cafe) with outside patio dining and retail at 7902 Sandholt Road (building #6). Address and Parcel Number: The property is located at 7902 Sandholt Road (southwest corner of Moss Landing Road and Sandholt Road). APN: Plan Area: North County, Coastal Zone Flagged and staked No (Moss Landing Community Plan) Zoning Designation: Moss Landing Commercial (MLC), Coastal Zone (CZ) CEQA Action: Categorically Exempt, Class 1, Section Date application deemed complete: June 2, 2003 Department: Planning and Building Inspection RECOMMENDATION: Staff recommends that the Planning Commission approve /Hamlin-Solano as described above based on Findings and Evidence (Exhibit C) and subject to proposed conditions (Exhibit D). SUMMARY: The applicant submitted an application for a change in use from retail commercial to allow a restaurant in conjunction with the existing retail use. Because this use was initiated prior to receiving a permit from the County, Code Enforcement Division has an open violation on this property. The applicant is requesting that the violation fee be waived due to a misunderstanding of the required process; however, staff finds that the request does not qualify under the Board of Supervisor policy for a fee waiver. Since no development is proposed that requires a permit, staff has included a condition that this fee is paid prior to this coastal development permit becoming effective. A General Development Plan is required to establish standards for current and future set backs, land use and parking requirements on this site. General Development Plans are required for commercial properties that exceed one acre or include multiple land uses on one lot. As conditioned, staff finds that the property meets the policies established for the Moss Landing Community as part of the North County Coastal Land Use Plan. These conclusions and other pertinent facts are discussed further in the project overview (Exhibit B). Staff finds that the proposed project qualifies as a categorical exemption from environmental review (CEQA) as a change in use. OTHER AGENCY INVOLVEMENT: The following agencies have reviewed the project and those that are checked ( ) have recommended conditions: Water Resources Agency Environmental Health Division

2 Public Works Department North County Fire District Parks Department Sheriff Department North County Coastal LUAC Conditions from the reviewing agencies have been incorporated into the project recommendations. The proposed project was reviewed by the North County Coastal Land Use Advisory Committee. This Committee recommended approval of the project with a vote. Ms. Solano abstained from the discussion and vote on her project. This report was prepared by: Carl P. Holm, AICP, Senior Planner /holmcp@co.monterey.ca.us This report reviewed by Jeff Main, AICP, Planning Services Manager cc. Planning Commission, Supervisor Calcagno, County Counsel; Environmental Health; Public Works; Water Resources Agency; North County Fire District; Dale Ellis; Jeff Main; Carl Holm, Kay Barrett; Owner; Applicant; Representative; Planning File. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Project Data Report Project Overview Recommended Findings and Evidence Recommended Conditions LUAC Minutes Application Supplement General Development Plan Note: 1) This project may be appealed to the Board of Supervisors and the California Coastal Commission. 2) Final Monterey County decision required by December 2, 2003 Page 2

3 EXHIBIT B PROJECT OVERVIEW -Hamlin/Solano July 30, 2003 A. BACKGROUND The applicant (Ms. Kim Solano) leases one building (Building #6) on a acre parcel located at the southwest corner of Moss Landing Road and Sandholt Road. The site is developed with seven (7) structures consisting of one residential and five commercial buildings plus one mixed use building consisting of commercial floor area with a residential unit on the second floor. Code Enforcement opened a violation case on this property as a result of the applicant beginning operation of a café without a permit for the change in use. The applicant has requested that the violation fee be waived sine the violation occurred as a result of a misunderstanding versus purposely violating the Codes. Staff finds that a violation fee is required because the circumstances surrounding the violation do not qualify for a fee waiver pursuant to the Board of Supervisors adopted criteria. These criteria generally apply to special circumstances where it is a benefit to the public good. Condition 3 is included to require this fee to be paid. The property immediately west of the project site is part of the Harbor District for access to the harbor. An RV park is located across Sandholt Road to the north and the Moss Landing Post Office is south of the site. B. PROJECT DESCRIPTION The applicant requests a permit to allow a café in conjunction with retail (antique) sales. This change of use requires a Coastal Development Permit for a restaurant. During our review, staff found that the site does not have a General Development Plan. A General Development Plan is required by Code for all commercial sites in excess of one acre, or where the development includes more than one use. The General Development Plan is used to establish the set backs, parking and land uses allowed on this site. The owner has expressed a desire to include a specialty food market within one of the commercial buildings under this General Development Plan. A. LAND USE PLAN II. ANALYSIS The project is located within the North County Coastal area, which is governed by the North County Land Use Plan. Section 5 of this plan establishes the Moss Landing Community Plan to address unique attributes of the Harbor area. This site is designated as General Commercial on the Moss Landing Land Use Plan map. This designation provides the opportunity to combine commercial and residential uses. Page 3

4 B. DEVELOPMENT REGULATIONS Title 20 (Coastal Implementation Plan, Part 1) establishes development regulations for properties within the coastal zones. There are three components to this project for consideration by the Planning Commission: 1. General Development Plan. A general development plan is required for lots in excess of one acre or with multiple land uses. Such a plan must be completed prior to development in the Moss Landing Commercial ( MLC ) district if there is no prior approved plan. The Site Plan for this project () includes information to establish a general development plan for the site as well. This is an existing site that is not proposing any new buildings at this time. As such, this plan is designed to memorialize the following conditions of the site (see plan dated 2/17/03 - next page): a. Set Backs. The general development plan is used to establish set backs for development in the MLC district. The front set back is 25-feet along Moss Landing Road. Most of the buildings are located towards the rear of the property with rear set backs of 6-12 feet. Existing side set backs consist of four feet on the north (Building 6) and 2-34 feet on the south (Buildings 1-2). b. Land Use. Out of seven existing buildings, one is designated for residential (Building 5) and five are used for commercial purposes (Buildings 2-4 & 6-7). One building has a mix of commercial with a residential unit above (Building 1). Buildings that are designated for commercial uses under the plan would be allowed to change to any type of retail sales including antiques, groceries etc. Consistent with the associated Coastal Development Permit application, Building 6 would be allowed to continue serving food in conjunction with the retail sales of the antique store. The property owner has expressed an interest to change the commercial use in Building 1 from antiques to a specialty grocery store. This would be consistent with this approved plan. Any change that intensifies the use or would create new impacts to traffic or sewer services would be required to be addressed under a general development plan amendment. c. Parking. The Code requires one space for each 250 square feet of floor area for retail commercial uses (32 total). Restaurants require parking at a ratio of one space for each four seats or one per 50 square feet (18 total). Parking for residential uses is required at a ratio of two spaces per unit of which one covered space shall be provided (4 total). Based on these ratios, the project site (including the use change for a restaurant) would require 54 parking spaces including two covered spaces. Compact spaces are allowed provided they do not account for more than 25% of the required spaces. This project would allow a maximum of 13 compact spaces. In addition, two handicapped spaces are required with projects that provide Page 4

5 parking spaces. The site has parking space for 54 vehicles including seven compact spaces and three handicapped spaces. There is no covered parking included with this project. In addition, most of the parking area is not paved or striped. Staff calculated the number of spaces required for the site including the proposed change in use shown on the plan based on available area on the site. Since this is an existing condition, staff supports this design to include a maintained gravel surface in order to reduce the amount of impervious surface that would increase runoff into the harbor, reduce dust during dry weather, and reduce mud carried onto the street when it is wet. Staff recommends approval of the parking component of the General Development Plan, subject to a condition that requires the parking area to be maintained with gravel (Condition 9). d. Landscaping. The North County Land Use Plan identifies a specific plant list for this area. Staff finds that a change of use would not require application of landscape conditions since the change is occurring in an existing building. However, any new landscape projects on the site should follow the approved plant list. e. Lighting. Existing lighting is approved under the general development plan dated February 17, Any change to this plan will require review by the Planning and building Inspection Department and may require a general development plan amendment. 2. Coastal Development Permit. The project includes a Coastal Development Permit for changing the use of Building 6 from retail commercial to allow a existing café in conjunction with an antique store. This structure includes 651 square feet of commercial floor area plus patio area where there are a few tables that can be used during good weather. A Coastal Development Permit is required for restaurants. There is no new physical development required for this project. Section E states the desire to require sidewalks to be installed on Moss Landing Road as part of future development. Staff has determined that the proposed project would not impact the improvements to Sandholt Bridge. In order to address this policy, Public Works has included a condition that requires the applicant to enter into an agreement with the County of Monterey to install curb, gutter, sidewalk along the frontage of Moss Landing Road (Condition 5). C. CEQA Section (Class 1) of the California Environmental Quality Act (CEQA) exempts projects that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This project involves a change in a prior use to a similar Page 5

6 new use that requires no expansion beyond the existing conditions. Therefore, staff finds that the proposed project meets the qualifications of this exemption. Based on available information, there is no reasonable possibility that the proposed activity will have a significant effect on the environment due to unusual circumstances. Page 6

7 EXHIBIT C RECOMMENDED FINDINGS AND EVIDENCE -Hamlin/Solano July 30, FINDING CONSISTENT WITH PLAN/POLICIES: The proposed Combined Development Permit /Hamlin-Solano conforms to the plans, policies, requirements and standards of the North County Coastal Land Use Plan and the Monterey County Coastal Implementation Plan, Part 2 (Chapter MCC). (a) The Planning and Building Inspection Department staff reviewed the project, as contained in the application and accompanying materials, for conformity with: 1. North County Coastal Land Use Plan. 2. Chapter of the Monterey County Coastal Implementation Plan. There would be no conflict or inconsistencies with the regulations of these plans or policies. (b) Visual Resources (Section NC LUP). An on-site inspection by the project planner on October 21, 2002 determined that the proposed building is not located within a public viewshed as defined by Section SSS. A change of use will not create any new issues relative to visual resources. (c) Environmentally Sensitive Habitat (Section NC LUP). The project is consistent with policies of the North County Implementation Plan (NC CIP) dealing with environmentally sensitive habitat. Review of County resource maps and an on-site investigation by the project planner on October 21, 2002 determined that there are no biological resources that would be impacted by the proposed project. (d) Hazards (Section NC LUP). County resource maps identify the site as Urban for fire and level VI-Very High/Tsunami for seismic hazards. A geotechnical report was prepared for the project based on criteria in Section A.1. North County Fire reviewed the project and their recommended conditions have been included. (e) Archaeology (Section NC LUP). County resource maps identify that the site has a high archaeological sensitivity. No new development is included as part of this permit. (f) Transportation (Section NC LUP). A traffic study was required for this project since the change in use requires additional parking. This study found that there would be no potential to significantly impact the level of service of or traffic safety along Highway One or Moss Landing Road. Public Works and Health Departments have reviewed the project and recommend approval subject to conditions. (g) Wastewater Management (Section NC LUP). This site is currently serviced by public sewer under the Moss Landing County Sanitation District. The subject restaurant is currently in operation and has created no negative impact to the sewer system. The applicant has obtained permits and is required to meet all health standards for grease traps and filters associated with a restaurant use. Pubic Works has reviewed the project and find that there is adequate capacity in this area to support this restaurant operation. (h) Public Access (Section NC LUP). See Finding #5. Page 7

8 (i) Moss Landing Community Development Standards (Section NC LUP). The Land Use Plan includes a policy to improve the pedestrian flow in the Moss Landing area. A condition is included that requires installation of sidewalks along Moss Landing Road. (j) LUAC. On April 21, 2003, the North County Coastal Land Use Advisory Committee voted to recommend approval of the project as proposed. The Committee found that the applicant had met all requirements. (k) No testimony, either written or oral, was received during the course of the public hearing process to indicate that there is any inconsistency with these plans or policies. 2. FINDING COMPLY WITH REGULATIONS: The proposed Combined Development Permit /Hamlin-Solano complies with all applicable requirements of Chapter of Title 20 of Monterey County Codes. (a) The Planning and Building Inspection staff reviewed the project, as contained in the application and accompanying materials, for conformity with: a) Chapter of the Monterey County Zoning Ordinance regulations for development in the Moss Landing Commercial zone including the preparation of General Development Plans and design standards. b) Chapter of the Monterey County Zoning Ordinance regulations for Coastal Development Permits. There would be no conflict or inconsistencies with the regulations of these regulations. (b) The subject site is located within the MLC(CZ) or Moss Landing Commercial zoning district in the coastal zone. (c) The project site is approximately acres (65,992 square feet) in size and the zoning designation requires a minimum of 10,000 square feet for parcels in this district. (d) The Moss Landing Commercial zone authorizes the Planning Commission to consider Coastal Development Permits for restaurants (Section D MCC) and General Development Plans for lot in excess of one acre or with more than one use on the lot (Section MCC). (e) No Violation. A violation currently exists on the property. Upon approval of this Coastal Development Permit, the property will be in compliance with all rules and regulations pertaining to the use of the property. The applicant has requested waiver of the zoning abatement costs; however, these costs are required as a condition of approval. (f) Materials in project file /Hamlin-Solano. 3. FINDING SITE SUITABILITY: The site is physically suitable for the proposed use. (a) The project planner conducted an on-site inspection on October 21, The proposed improvements will not present an unsightly appearance, impair the desirability of residences in the same area, limit the opportunity to obtain the optimum use and value of land improvements or impair the desirability of living conditions of the same or adjacent area. (b) The project has been reviewed by the Monterey County Planning and Building Inspection Department, Water Resources Agency, Public Works Department, North County Fire District, Parks Department, and Environmental Health Division. There has Page 8

9 been no indication from these agencies that the site is not suitable. Conditions recommended by these agencies have been incorporated to the project conditions. (c) Materials in project file /Hamlin-Solano. 4. FINDING CONDITIONS OF APPROVAL: The conditions of approval comply with the provisions of Title 20, Chapter (a) The conditions are based on the recommendations of the local fire district, the Monterey County Water Resources Agency, Monterey County Health Department and Monterey County Department of Public Works. The conditions incorporate the concerns and recommendations of those various agencies. Additional conditions are required for approval in order to assure that the proposed use and site amenities are compatible with other developments in the area. (b) Materials in project file /Hamlin-Solano. 5. FINDING PUBLIC ACCESS: The proposed project is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act of 1976 and Section of the North County Coastal Land Use Plan and Coastal Implementation Plan. (a) The site is located seaward of the first public road, but there is no historic access from any coastal areas. (b) The Shoreline Access/Trails Map illustrated in Figure 6 of the North County Coastal Land Use Plan does not indicate any access/trails within or near the project site. 6. FINDING - CEQA: The proposed project will not have a significant environmental impact. (a) Section is a Categorical Exemption (Class 1) for a change of use. (b) Based on information contained herein and specifically the project description and Finding #1, there is no reasonable possibility that the proposed activity will have a significant effect on the environment due to unusual circumstances. (c) Materials in project file /Hamlin-Solano. 7. FINDING APPEAL: The decision on this project may be appealed to the Board of Supervisors and the California Coastal Commission. (a) Board of Supervisors. Section of the Monterey County Zoning Ordinance. (b) Coastal Commission. Section A.3 of the Monterey County Coastal Implementation Plan, Part 1. Page 9

10 EXHIBIT D RECOMMENDED CONDITIONS -Hamlin/Solano July 30, The Combined Development Permit (/Hamlin-Solano) consisting of: General Development Plan to establish development and operation standards for a 1.5-acre site with seven existing buildings totaling 11,428 square feet including one residential unit, five commercial buildings and one mixed use (commercial/residential) building; and Coastal Development Permit for a change of use from all retail (antique store) to a restaurant (cafe) with outside patio dining and retail at 7902 Sandholt Road (building #6). The project is in accordance with County ordinances and land use regulations, and subject to the following terms and conditions. Neither the uses nor the construction allowed by this permit shall commence unless and until all of the conditions of this permit are met to the satisfaction of the Director of Planning and Building Inspection. Any use or construction not in substantial conformance with the terms and conditions of this permit is a violation of County regulations and may result in modification or revocation of this permit and subsequent legal action. No use or construction other than that specified by this permit is allowed unless additional permits are approved by the appropriate authorities. (Planning and Building Inspection) Prior to Permit Becoming Effective/Change in Occupancy 2. The applicant shall record a notice which states: "A Permit (Resolution # ) was approved by the Monterey County Planning Commission for Assessor's Parcel Number on July 30, The permit was granted subject to 9 conditions of approval which run with the land. A copy of the permit is on file with the Monterey County Planning and Building Inspection Department." Proof of recordation of this notice shall be furnished to the Director of Planning and Building Inspection prior to issuance of building permits or commencement of the use. (Planning and Building Inspection) 3. The applicant shall pay violation fees in the amount of $2,046 to the Monterey County Planning and Building Inspection Department. (Planning and Building Inspection) 4. The July 30, 2003 Planning Commission staff report discussion for a General Development Plan shall be copied onto a Final Site Plan. (Planning and Building Inspection) 5. The property owner shall enter into an agreement with the County of Monterey to install curb, gutter, sidewalk and pave-out along the frontage of Moss Landing Road in accordance with the Moss Landing Storm Drain Master Plan. (Public Works) 6. All improvements shall comply with the California Uniform Food Facilities Law as approved by the Director of Environmental Health. If necessary, submit plans and necessary review fees for review and approval. (Environmental Health) Page 10

11 7. The applicant/owner shall bring Building 6 into compliance with all requirements of Section of the Uniform Fire Code for the new occupancy classification (e.g. hood and duct extinguishing systems, exiting, fire extinguishers, etc.). (North County Fire) Continuous Permit Conditions: 8. All landscaped areas shall be continuously maintained by the applicant and all plant material shall be continuously maintained in a litter-free, weed-free, healthy, growing condition. (Planning and Building Inspection Department) 9. The applicant shall comply with parking regulations of Title 20, Chapter and as illustrated on the approved General Development Plan for the property. Parking areas may use impervious material such as gravel and shall be maintained to the satisfaction of the Director of Planning and Building Inspection. (Planning and Building Inspection Department) Page 11