SANTA BARBARA COUNTY PLANNING COMMISSION Coastal Zone Staff Report for the Tomra Pacific Recycling Center Project

Transcription

1 SANTA BARBARA COUNTY PLANNING COMMISSION Coastal Zone Staff Report for the Tomra Pacific Recycling Center Project Hearing Date: Deputy Director: Dave Ward Staff Report Date: April 17, 2009 Division: Development Review, South Case Nos.: 09CUP & 08CDP Supervising Planner: Anne Almy Staff Contact: Errin Briggs Environmental Document: Exempt pursuant to CEQA Planner s Phone No.: Guidelines Section 15303(c) [New Construction] OWNER: Verne Johnson 939 Embarcadero Del Mar Goleta, CA (805) VICINITY MAP APPLICANT: Peter Margolis Tomra Pacific, Inc. 150 Klug Circle Corona, CA (916) REQUEST This site is identified as Assessor Parcel Number , located at the intersection of Embarcadero Del Mar and Madrid Roads at 939 Embarcadero Del Mar in the Isla Vista area, 3 rd Supervisorial District. Hearing on the request of Peter Margolis, applicant, to consider the following: a. Case No. 09CUP , [application filed on March 13, 2009] for a Major Conditional Use Permit to allow the development and use of a Recycling Center, including a modification to reduce the rear yard setback to 5 feet from the required 10 feet, in compliance with Section of the Article II Coastal Zoning Ordinance, on property zoned C-2; and b. Case No. 08CDP , [application filed on April 29, 2008] for a Coastal Development Permit to allow the development and use of a Recycling Center in compliance with Section of the Article II Coastal Zoning Ordinance, on property zoned C-2; and

2 Page 2 to accept the Exemption pursuant to Section 15303(c) of the State Guidelines for implementation of the California Environmental Quality Act. The application involves AP No , located at 939 Embarcadero Del Mar, in the Isla Vista area, 3rd Supervisorial District. Application Submitted: March 13, 2009 Application Complete: April 7, 2009 Processing Deadline: 60 days from NOE 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and conditionally approve Case Nos. 09CUP & 08CDP , marked "Officially Accepted, County of Santa Barbara, May 6, 2009, County Planning Commission Exhibits A-F", based upon the project's consistency with the Comprehensive Plan including the Coastal Land Use Plan, the Goleta Community Plan and the Isla Vista Master Plan and based on the ability to make the required findings. Your Commission's motion should include the following: 1. Adopt the required findings for the project, including findings for modifications to the ordinance standards for setbacks and the California Environmental Quality Act (CEQA) findings, specified in Attachment A of this staff report. 2. Accept the exemption pursuant to Section 15303(c) of the State Guidelines for the implementation of CEQA, included as Attachment B of this staff report. 3. Approve the project, including a modification to reduce the rear yard setback to 5 feet from the required 10 feet, subject to the conditions included as Attachment C of this staff report. Alternatively, refer back to staff if the County Planning Commission takes other than the recommended action for appropriate findings and conditions. 3.0 JURISDICTION This project is being considered by the County Planning Commission based on Section of the Article II Coastal Zoning Ordinance which states: The Zoning Administrator shall have jurisdiction for all Minor Conditional Use Permits and the Planning Commission shall have jurisdiction for all Major Conditional Use Permits. A Recycling Center is a permitted use in the C-2 zone district pursuant to Section of Article II and is a conditionally permitted use in the CM zone district of the Isla Vista Master Plan Form-Based Code (IVMP FBC).

3 Page ISSUE SUMMARY The project is a request for a Major Conditional Use Permit and Coastal Development Permit to permit an existing, operational, unpermitted Recycling Center located in the parking lot behind Isla Vista Market. The Recycling Center consists of two metal roll-off bins totaling approximately 272 square feet placed side by side. The Center accepts glass, plastic and aluminum beverage containers from the public in exchange for cash vouchers and sends the bins out for recycling on a periodic basis. The Center satisfies the mandates for community recycling set forth in the California Beverage Container & Litter Abatement Act of 1986 (AB 2020) for the Isla Vista area. The project is, and would continue to be, located within the parking lot which serves the Isla Vista Market. The parking lot contains more than enough parking spaces (19) to meet the ordinance requirements for the existing market (18 spaces) and Recycling Center (1 space) uses and the loss of two spaces for the recycling containers does not cause a shortage of parking. As part of the project, the two roll-off containers would be relocated from their current location in the southwestern corner of the lot to the southern property line (to provide a larger buffer from residential uses to the west). The roll-off containers would be screened from the south by the planting of a new landscape hedge & trees. An unpermitted metal storage container maintained by the Isla Vista Market would be removed as part of the project. The project does not trigger any substantial planning issues and has operated without benefit of a permit for approximately five years in its current location without complaint by surrounding neighbors/property owners. 5.0 PROJECT INFORMATION 5.1 Site Information Site Information Comprehensive Plan Designation Ordinance, Zone Site Size Present Use & Development Surrounding Zoning/Uses Access Other Site Information Urban, Coastal, C-2 (General Commercial), Goleta Community Plan area, Isla Vista Master Plan area Article II Coastal Zoning Ordinance, C-2 (General Commercial) 0.23 acres (gross) Recycling Center (existing and unpermitted) and Parking Lot (20 spaces) North: C-2, Carwash and Mac s Market South: C-2, Commercial Strip-Mall East: C-2, Isla Vista Market & Recreation, Anisq Oyo Park West: SR-H-20, Residential Apartments Embarcadero Del Mar and Madrid Site hosts a parking lot which serves the adjacent Isla Vista Market

4 Page 4 Site Information Public Services Water Supply: N/A Sewage: N/A Fire: Santa Barbara County Fire Department Other: Electricity by onsite passive solar array 5.2 Description The project is for a Major Conditional Use Permit and Coastal Development Permit to allow for an existing, unpermitted Recycling Center consisting of two 8 W x 17 L x 8-6 H prefabricated metal roll-off containers to be used for collection of recycled CRV (California Redemption Value) beverage containers. The two collection containers would total approximately 272 square feet in size. The Recycling Center is certified by the California Department of Conservation and meets the requirements of the California Beverage Container & Litter Abatement Act of 1986 (AB 2020). The center would be open to the public Tuesday through Friday from 10am-4pm and on Saturday from 8:30am-5pm. The roll-off containers would be removed from the site and exchanged with clean, empty containers once they have been filled with recyclable beverage containers. Pick-ups at the facility would occur approximately 3-5 times per month and would occur during normal business hours. No grading or tree removal is proposed. Landscape screening would be planted along the southern property line in the area of the facility to screen views from the adjacent parking lot/structures. The Recycling Center would be served by the County Fire Department but would not require water or sewer services. Power would be generated by an onsite, passive solar collector. Access would continue to be provided off of Embarcadero Del Mar and Madrid Road. An existing grocery market (Isla Vista Market) of approximately 6,670 square feet and seven parallel parking spaces are located on APN while contains the existing Recycling Center and 20 parking spaces (for both the center and the market). An existing, unpermitted metal storage container would be removed as part of the project. The property is zoned C-2 and shown as Assessor's Parcel Number , located at 939 Embarcadero Del Mar in the Goleta Area, 3rd Supervisorial District. A modification to the rear-yard setback, pursuant to Article II, Section , would be necessary to allow the project s roll-off containers to encroach into the rear yard setback of APN as shown on the project plans. 5.3 Background Information Status of Isla Vista Master Plan & Form Based Code Section k (Coastal Development Permits processed in conjunction with a Conditional Use Permit or Development Plan) of Article II, Coastal Zoning Ordinance states:

5 Page 5 If a Coastal Development Permit is requested for property subject to a resolution of the Board of Supervisors initiating a rezoning or amendment to this Article, a Coastal Development Permit shall not be approved or conditionally approved while the proceedings are pending on such rezoning or amendment, unless the proposed uses or structures conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board of Supervisors, or unless a Preliminary or Final Development Plan was approved by the County before the adoption of the said Board s resolution and the proposed uses or structure are in conformance with the approved Preliminary or Final Development Plan. The IVMP was adopted and certified by the County Board of Supervisors on August 21, As such, the proposed project must conform to both the existing provisions of Article II as well as the applicable provisions within the Isla Vista Master Plan (IVMP) Form-Based Code, which is a rezoning or amendment initiated by the Board of Supervisors. The Isla Vista area is located wholly within the Coastal Zone and legislative amendments to the Local Coastal Plans, such as the IVMP, are thus under the jurisdiction of the California Coastal Commission. The IVMP is currently under review by the Coastal Commission and certification is expected in Once certified by the Coastal Commission, the form-base code would replace Article II as the applicable zoning ordinance for the Isla Vista area including the project site. The subject parcel would be rezoned to CM-40 (Community Mixed Use, 40 units per acre) under the IVMP. The Recycling Center use can be found to conform with the IVMP CM-40 zoning as a conditionally permitted use. Parcel Validity and Development The subject parcel was created as Parcel B of Parcel Map 12,575 as recorded on October 24, 1978 in Assessor s Map Book 21, pages 36 & 37. The subject lot is currently permitted as a parking lot and contains 20 parking spaces serving the Isla Vista Market as approved by a Conditional Use Permit (81-CP-70). Existing development includes the two metal roll-off bins associated with the Recycling Center (permitted by the project) and a metal storage container maintained by the Isla Vista Market (to be removed as part of the project). These existing containers are all currently unpermitted. 6.0 PROJECT ANALYSIS 6.1 Environmental Review The project can be found exempt from environmental review under State CEQA Guidelines Section 15303(c) [New Construction]. Section 15303(c) is intended to exempt the construction of limited numbers of new, small facilities or structures including: A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding

6 Page 6 area is not environmentally sensitive. The proposed project is consistent with the requirements of this exemption. Refer to Attachment B for the Notice of Exemption 6.2 Comprehensive Plan Consistency The following consistency analysis includes policies contained within the Comprehensive Plan including the Coastal Land Use Plan and the Goleta Community Plan. Additionally, because the Isla Vista Master Plan has been locally adopted and is expected to be certified by the Coastal Commission in 2010, for reference purposes, this section also includes discussion of the project s consistency with the policies contained therein. REQUIREMENT DISCUSSION Local Coastal Plan Policy 2-6: Prior to the issuance of a development permit, the county shall make the finding, based on information provided by environmental documents, staff analysis, and the applicant, that adequate public or private services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density indicated in the land use plan. Land Use Consistent: Adequate public services exist to serve the proposed project. The Recycling Center would be served by the County Fire Department but does not require water or sewer services. Power is generated by an onsite, passive solar collector. Access would continue to be provided off of Embarcadero Del Mar and Madrid Roads. Existing police protection services in the Isla Vista area, provided by the IV Foot Patrol, would be adequate to serve the proposed project. IVMP Downtown Policy 1: Improve amenities and services for residents while providing the opportunity for local businesses to prosper. Existing local businesses shall be supported as revitalization occurs. Downtown revitalization efforts should focus primarily on improving the retail and commercial services environment and encouraging Isla Vista residents to shop in the community. Consistent: Operation of the Recycling Center within the Isla Vista area is mandated by the California Beverage Container & Litter Abatement Act of 1986 (AB 2020). AB 2020 requires that a recycling center be located and operated within ½ mile of all grocery stores and markets which sell beverages in CRV containers. The requested Recycling Center would satisfy this State requirement and provide an outlet for recycling in the Isla Vista community thereby improving the scope of local services for residents of the surrounding community. Visual Resources

7 Page 7 REQUIREMENT Coastal Plan Policy 2-22: To improve the overall appearance and quality of development in the community of Isla Vista, new development shall adhere to the following standards to the maximum extent feasible: b. Projects shall be designed to include architectural and aesthetic amenities to improve the overall appearance and quality of development in the community. Coastal Plan Policy 4-4: In areas designated as urban on the land use plan maps and in designated rural neighborhoods, new structures shall be in conformance with the scale and character of the existing community. Clustered development, varied circulation patterns, and diverse housing types shall be encouraged. DISCUSSION Consistent: The proposed project would include the operation of a public Recycling Center consisting of two metal roll-off containers totaling approximately 272 square feet. The containers would be located in the rear of the Isla Vista Market parking lot (approximately 5 feet from the southern property line) where visibility from public streets would be minimized. Additionally, the containers would be screened from the south by a new Rhapiolepsis hedge planted along the southern property line and would be shaded by two new trees. The operation of the Center and the structures utilized would be appropriate for the surrounding commercially zoned neighborhood and would be in conformance with the existing community. The SBAR gave generally positive comments on the project s design and specified that two new canopy trees and a landscape hedge be planted to help screen the structures during the April 10, 2009 conceptual review. The SBAR asked the project to return for preliminary/final approval after project approval by the Planning Commission. As required by Condition No. 3 of Attachment C, final SBAR approval would be required prior to issuance of the follow-on Coastal Development Permit. This would ensure that the project architecture and aesthetic amenities would be appropriate for the neighboring community. Condition No. 4 would require that the landscape screening planted would be maintained for the life of the project. Coastal Plan Policy 3-19: Degradation of the water quality of groundwater basins, nearby streams, or wetlands shall not result from development of the site. Pollutants, such as chemicals, fuels, lubricants, raw sewage, and Water Quality Consistent: The ongoing use of the Recycling Center would not generate pollutants such as chemicals, fuels, lubricants, raw sewage or other harmful wastes that could be discharged into local storm drains and the nearby Pacific

8 Page 8 REQUIREMENT other harmful waste, shall not be discharged into or alongside coastal streams or wetlands either during or after construction. DevStd BIO-GV-19.2: Washing of concrete, paint, or other equipment shall be allowed only in areas where polluted water can be contained during construction and in industrial settings. Ocean. DISCUSSION No construction would be necessary as the metal containers used in the Recycling Center are pre-fabricated and portable. No ground disturbances or foundation work would be part of the project. Noise Element Policy 1: In the planning of land use, 65 db Day-Night Average Sound Level should be regarded as the maximum exterior noise exposure compatible with noisesensitive uses unless noise mitigation features are included in project designs. Policy N-GV-1: Interior noise-sensitive uses (e.g., residential and lodging facilities, educational facilities, public meeting places and others specified in the Noise Element) shall be protected to minimize significant noise impacts. Policy AQ-GV-5: The County shall require the use of techniques designed to conserve energy and minimize pollution. Noise Energy Conservation Consistent: The proposed project would have the potential to create ongoing, long-term operationally-related noise impacts on sensitive receptors nearby. Therefore, the project has been conditioned to limit the hours of operation between 8:00 a.m. and 5:00 p.m. (Condition No. 5 of attachment C). Consistent: The Recycling Center utilizes passive solar panels in order to generate renewable, non-polluting solar energy. The energy generated by the solar panels would be used to power the project s electronic scale and other electronic equipment. 6.3 Zoning: Article II Parking Requirements A total of 27 parking spaces currently serve the existing market and residential uses on the adjacent lot as approved by a Conditional Use Permit (81-CP-70). Article II, Section requires a minimum of two parking spaces per residential dwelling unit. In addition, general commercial and retail uses require 1 parking space per 500 square feet of gross floor area per Article II, Section Based on these requirements, the project (1 space) plus the adjacent market would require a total of 19 parking spaces (4 spaces for the two dwelling units and a minimum of 15 spaces for the market and Recycling Center uses [approximately 7,000 feet of

9 Page 9 gross floor area for the market and 272 square feet for the Recycling Center]). After project implementation, the parking capacity of the two lots would provide a total of 25 parking spaces (27-2 for use by the Recycling Center) and be consistent with applicable zoning requirements Compliance with Article II, Coastal Zoning Ordinance The proposed project would be consistent with the requirements of the Article II Coastal Zoning Ordinance and the Isla Vista Master Plan Form-Based Code (IVMP FBC) including parking requirements, except for where a setback modification is being requested to the Article II/ IVMP FBC provisions as discussed in Section below Other Requested Modification(s) Section of Article II, Coastal Zoning Ordinance, stipulates that the decision-maker of a Conditional Use Permit (e.g., County Planning Commission) may modify the building height limit, distance between buildings, setback, yard, parking, building coverage, or screening requirements specified in the applicable zone district when the decision-maker finds that the project justifies such modifications. As stated above in the project description, the applicant is requesting a modification to the rear-yard setback requirement. Specifically, the following modification is being requested: The project would be consistent with the height requirement of the C-2 & CM zone districts (35 and 40 foot maximums respectively) but would not meet the rear yard setback requirements. The C-2 setback requirements are: 1. Front yard setback-30 feet from centerline and 10 feet from Right-of-Way (ROW) of any public street. 2. Rear yard setback-10 feet from the property line. 3. Side yard setback- None The intended CM setback requirements are: 1. Front yard setback-35 feet from centerline of Madrid Road. 2. Rear yard setback-10 feet from the property line, 25 feet if abutting residential use. 3. Side yard setback- None, 5 feet if abutting residential use The proposed project would not meet the rear yard setback requirements of either Ordinance as the Recycling Center roll-off containers would be located approximately five feet from the rear yard property line. Therefore, the project would require approval of a modification to the rear yard setback requirement of the C-2 & CM zone districts. 6.4 Subdivision/Development Review Committee

10 Page 10 The project was not required to be reviewed by the Subdivision Development Review Committee because of its minor nature. Further, no County Departments have required conditions on the project. 6.5 Design Review The project was conceptually reviewed by the SBAR on June 20, 2008 and April 10, 2009 under Case No. 08BAR The project received generally positive comments and was directed to return to SBAR for preliminary/final approval after project approval by the Planning Commission. Comments from the April 10th hearing will be forwarded to your Commission upon approval of the hearing minutes by the SBAR. 6.6 Development Impact Mitigation Fees A series of ordinances and resolutions adopted by the County Board of Supervisors require the payment various development impact mitigation fees. This project is subject to the fees as shown in the following table. The amounts shown are estimates only. The actual amounts will be calculated in accordance with the fee resolutions in effect when the fees are paid. Estimated Goleta Development Plan Impact Mitigation Fees Fee Program Base Fee (per unit or 1,000 sf) Estimated Fee Fee due at Recreation (Parks) LUP or Map Recordation Quimby N/A N/A Final Inspection Develop. Mitigation Comm. & Industrial Final Inspection Transportation N/A N/A LUP or Map Recordation Fire Countywide ($0.20/sf) Goleta Area 272 sf x (0.20)= $54.40 $54.40 Final Inspection Final Inspection Library N/A N/A Final Inspection Public Administration N/A N/A Final Inspection Sheriff N/A N/A Final Inspection 7.0 APPEALS PROCEDURE The action of the Planning Commission may be appealed to the Board of Supervisors within ten (10) calendar days of said action. Section provides, For developments which are appealable to the Coastal Commission under Section , no appeal fee will be charged. The action of the Board of Supervisors may be appealed to the Coastal Commission within ten (10) working days of receipt by the Coastal Commission of the County's notice of final action. ATTACHMENTS

11 Page 11 A. Findings B. Notice of Exemption C. Conditions of Approval D. Coastal Development Permit 08CDP E. Site Plan F. APN Sheet G:\GROUP\Permitting\Case Files\CUP\09 Cases\09CUP Tomra Recycling\SR PC.doc