Planning Commission Meeting: February 15, 2006
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 06-001
Applicant: City of
Action: Application for a 110 square foot addition to Fire Station No. 3. The proposed addition is located within an existing alcove area to the rear of the building and will be used for storage. A Conditional Use Permit is required in all zoning districts for any government use. The proposal meets all applicable development standards.
Recommendation: Approval with conditions.
Permit Streamlining Expiration Date: April 12, 2006
Subdivision Action Deadline: N/A
SITE LOCATION AND DESCRIPTION
The subject property is a 15,000
square foot parcel located on the west side of
Zoning District: R2 Low Density Multiple Residential
Land Use District: Low Density Housing
Parcel Area: 15,000 square feet
The project proposes a 110 square foot addition within an existing alcove located at the rear of Fire Station No. 3. The enclosed area will be used as a store room which will replace an existing storage area currently located within the apparatus bays. The usable interior area of the store room will be approximately 98 square feet. Fire Station No. 3 houses the City’s Hazardous Materials Response Team. The supplies to be stored in the new store room will be primarily hazardous materials response supplies and equipment to replace items used during an incident response.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A.
The project is categorically exempt from the provisions of CEQA, pursuant to Class 1, Section 15301(e) of the State Guidelines in that proposed project is an addition to an existing building that is less than 10,000 square feet in area.
HISTORIC RESOURCES INVENTORY STATUS
The existing fire station on the project site was constructed in 1971 and is not identified in the City's Historic Resources Inventory.
RENT CONTROL STATUS
Exempt as a municipal building.
The project is not subject to any special City Planning related fees.
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. A copy of the site posting photograph is contained in Attachment B. It is the applicant's responsibility to update the hearing date if it is changed after posting.
In addition, pursuant to Municipal Code Section
9.04.20.22.050, notice of the public hearing was mailed to all owners and
residential and commercial tenants of property located within a 500 foot radius
of the project and published in the “
On January 13, 2006, the applicant/appellant was notified by phone and in writing of the subject hearing date.
Fire Station No. 3 was constructed in 1973. The approximately 8,936 square foot, two –story building has three bays for fire apparatus on the ground floor along with offices, a kitchen/dining area, bathrooms and storage areas. The second floor contains additional offices, two dorm areas and additional bathrooms. The first floor occupies approximately 6,010 square feet and the second floor approximately 2,926 square feet.
Parking for the fire station is
provided at the rear of the parcel and is accessed from the rear alley,
City government uses require a Conditional Use Permit (CUP) in all zoning districts. The existing fire station does not currently have a CUP. Therefore, even though the proposed addition is small, a CUP is required for the expansion of the fire station and will be applicable to the entire operation of Fire Station No. 3.
In 1993, Administrative Approval 93-078 and Variance 93-025 were issued for a100 square foot second story dorm room addition that required a side yard modification. The addition, however, was never built.
Project Design and Neighborhood Compatibility
The Fire Department is proposing to enclose an area within an existing alcove measuring approximately 13-feet in width, 11-feet in height and 9-feet in depth. The proposed addition, which is located at the rear of the station, will be used for storage. The enclosed area will continue the façade of the surrounding existing walls and will be finished in stucco to match the existing finish and color. Therefore, the proposed addition, as viewed from the alley, will not be detectable.
Parking and Circulation
The existing parking area and vehicle circulation and access to the site will not be affected by the proposed project. No additional parking is required for the addition as there are no off-street parking standards for fire stations.
The proposed addition to Fire Station No. 3 utilizes an existing alcove area to the rear of the building and is small, less than 200 square feet in area. Fire Station No. 3 houses the City’s Hazardous Materials Response Team. The supplies to be stored in the new store room will be primarily hazardous materials response supplies and equipment to replace items used during an incident response. The new store room will not be detectable from the rear alley once the exterior area is finished in stucco and color that matches the existing building’s exterior material.
Other than the recommended action, the Planning Commission may:
Approve 06CUP-001 based upon revised findings and conditions;
Deny 06CUP-001 without prejudice, based upon revised findings; or
Deny 06CUP-001 based upon revised findings.
It is recommended that the Planning Commission approve 06CUP-001 based upon the findings and conditions of approval listed below.
CONDITIONAL USE PERMIT FINDINGS
The proposed use is one conditionally permitted
within the subject district and complies with all of the applicable provisions
of the "City of
2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the fire station with the proposed 110 square foot addition will continue to provide public safety services to the district and surrounding areas, in particular hazardous materials response.
The subject parcel is physically suitable for
the type of land use being proposed, in that the subject site is a 15,000
square foot parcel of essentially level grade with 100-foot frontage along
4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the proposed addition will enhance the fire station operation which will remain at the subject site.
5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the fire station with the proposed 110 square foot addition will continue to provide public safety services for the district and general area, in particular hazardous materials response.
6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the fire station is located in an area with adequate, water, sanitation, and public utilities and services and the proposed 110 square foot addition to the fire station will not require increases in the public services noted above.
Public access to the proposed use will be
adequate, in that fire apparatus have direct access to
8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the existing fire station years has been providing public safety services to the surrounding neighborhood for over 30 years and the proposed addition to the fire station, which is located at the back of the building, will be fully enclosed within the footprint of the existing building.
9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Policy 4.3.3 of the Safety Element of the General Plan states that the City shall improve fire fighting resources to keep pace with construction of additional high-rises, mid-rise business parks, increasing number of facilities housing immobile populations, and the risk imposed by multiple ignitions. The proposed addition to Fire Station No. 3 will provide for additional area within an existing apparatus bay which improves fire fighting resources, in particular hazardous materials response.
10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that that the fire station with the proposed 110 square foot addition will continue to provide public safety services to the immediate neighborhood and surrounding areas, in particular hazardous materials response.
The proposed use conforms precisely to the
applicable performance standards contained in Subchapter 9.04.12 and special
conditions outlined in Subchapter 9.04.14 of the City of
12. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that no other fire stations exist in the immediate vicinity.
1. This approval is for those plans dated January 10, 2006, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
The Plans shall comply with all other provisions
of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all
other pertinent ordinances and General Plan policies of the City of
3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.
4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning.
Architectural Review Board
5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.
6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations.
7. Construction period signage shall be subject to the approval of the Architectural Review Board.
8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.
9. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping.
10. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.
11. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.
12. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.
13. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.
Street trees shall be maintained, relocated or
provided as required in a manner consistent with the City’s Community Forest
Management Plan 2000, per the specifications of the Open Space Management
Division of the Community and Cultural Services Department and the City’s Tree
Code (SMMC Section 7.40).
15. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.
16. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.
17. No demolition of buildings or structures 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application.
18. Prior to issuance of any demolition permits, a demolition materials recycling plan shall be filed for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of existing building materials.
19. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.
20. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.
21. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits.
Vehicles hauling dirt or other construction
debris from the site shall cover any open load with a tarpaulin or other secure
covering to minimize dust emissions.
Immediately after commencing dirt removal from the site, the general
contractor shall provide the City of
23. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager; 16) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan.
24. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.
25. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program.
26. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.
27. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.)
28. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/ occupants of service.
29. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following:
· Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site;
· An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;
· Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties;
· Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site;
· Drainage controls may be required depending on the extent of grading and topography of the site.
· New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods.
30. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet).
31. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.
32. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.
33. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management.
34. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.
35. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.
36. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors.
37. Prior to Final Inspection, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation.
Validity of Permits
38. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.
39. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
40. The Planning Commission’s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit’s effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer.
A. Municipal Code and General Plan Conformance
B. Site Posting Photo
C. Notice of Public Hearing
D. Radius and Location Map
E. Photographs of Site and Surrounding Properties
F. Plot Plan, Floor Plans and Elevations
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
LAND USE ELEMENT
City government uses in all districts require a Conditional Use Permit
110 square foot addition to Fire Station No. 3; CUP requested.
Addition: 1-story, 11-feet in height.
36’ (north); 68’ (south)