AGENDA ITEM PLANNING COMMISSION MEETING DATE – NOVEMBER 9, 2017 BUSINESS ITEMS

DATE : October 23, 2017

TO : Planning Commission

FROM : Steven Ross, Contract Principal Planner

SUBJECT : USE PERMIT FOR NONCONFORMING OUTDOOR STORAGE OF CONSTRUCTION EQUIPMENT AND MATERIALS, AFTER A DETERMINATION THAT THE PROJECT IS EXEMPT FROM CEQA

PROJECT : 2000 Park Road Permit #17PLN-00025 APN #0080-120-140

EXECUTIVE SUMMARY: The applicant requests approval of a Use Permit for nonconforming outdoor storage of construction equipment and materials on a site previously used for construction storage.

RECOMMENDATION: Adopt a resolution approving the Use Permit to continue outdoor storage of construction equipment and materials at 2000 Park Road, based on the findings, and subject to the conditions listed in the attached resolution and as discussed during the public hearing, after a determination that the project is exempt from CEQA. GENERAL PLAN: o Port Dev Policy 2.9.1 Encourage and create opportunities and methods for cooperative planning of the Port, Arsenal, and Pine Lake. o Historic Arsenal Policy 2.11.3 Support the development of the Pine Lake area as an attractive, aesthetic gateway with a water feature. . Historic Arsenal Program 2.11.A Require protection of dramatic views of the strait and the incorporation of a gateway/water feature into any development plans for the Pine Lake area. . Visual Character Program 3.9.D Preserve the trees on the northern edge of former Pine Lake.

CEQA: The project is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15301, Existing Facilities, which applies to the operation, permitting, and minor alteration of existing private facilities involving negligible expansion of use. The parcel has historically been used for similar outdoor storage of construction equipment and materials, and no substantial expansion of use is proposed.

BACKGROUND: Applicant: Michael Robirds, Accu-Bore

Owner: Benicia Industries/Amports

General Plan designation/Zoning: Limited Industrial/Limited Industrial

Existing use: Outdoor Storage

Proposed use: Outdoor Storage

Adjacent zoning and uses: North: Limited Industrial (IL)/Amports Car Processing Facility East: Limited Industrial (IL)/-780 South: Interstate 780/Public & Semi Public (PS) West: Limited Industrial (IL)/Valero Pipeline

Figure 1: Location Map

Site Description The project site is a 2.3-acre portion of a 26.23-acre parcel, located north of Interstate 780 and west of Park Road. Access to the site from Park Road is provided via an adjacent Amports parcel. The site is situated within a basin and slopes up on all sides, most significantly to the south. Because of this topography, the site is highly visible from westbound Interstate 780. The parcel has mature oak, pine, and eucalyptus plants on the northern, western, and eastern boundaries. The southern portion of the parcel was planted with oak and incense cedar circa 2010, but the trees are still small, and some have died. The site is situated within the Arsenal Historic District, and is within an industrialized portion of the City. Site History The project site is within the former Pine Lake basin, which was a reservoir for the Benicia Arsenal. The reservoir was drained and the property was turned over to the City as part of the Arsenal closure in 1965. Subsequently, the Pine Lake parcel was sold to Benicia Industries as part of a land exchange in 1975. Benicia Industries and the City entered into a Development Agreement for the site in 1987, which is Appendix F of the City’s General Plan. The Development Agreement has no fixed term and runs with the land. A condition of the development agreement states that prior to issuance of a building permit on the property, the owner/ developer must set aside 6.5% of the property (approximately 1.75 acres) as a greenbelt with a landscape plan and a water feature, approved by the City. Benicia Industries applied for a Temporary Use Permit for auto storage in 1991. The permit was denied as the City Council found auto storage to be inconsistent with the General Plan, which called for developing the site with Light Industrial and Office uses and a major landscape feature. Beginning in 1999, the site was used for outdoor storage of construction equipment without a Use Permit to build the Benicia-Martinez bridge ramps. In 2002, C.C. Myers (tenant) and Amports (land owner) applied for a Temporary Use Permit for modular offices related to the Benicia-Martinez ramp construction. The temporary offices were built and later removed circa 2015. In 2010, C.C. Myers received Design Review approval for a storage facility and landscaping with water features. The storage facility was not constructed and the approval has since lapsed. However, trees were planted and waterways were constructed in 2010 in accordance with the Development Agreement. PROJECT DESCRIPTION: Accu-Bore, an underground utility contractor, proposes to lease 2.3-acres of the 26.23-acre parcel for construction equipment and materials staging, including construction equipment, materials necessary for utility construction (e.g. conduits, junction boxes, utility pipes,), storage containers for small tools, and temporary storage of directional drilling material (spoils). Attachment 2 shows the proposed site plan and depicts the 2.3-acre lease limits within the 26-acre parcel. Areas for equipment parking, backfill material, staging, and an ADA portable restroom are all noted. A mud containment system that is not part of this permit, and is noted as a proposed future use in the applicant’s statement, is provided as Attachment 3. Earlier in 2017, the City issued a grading permit for the project site. The grading work, which includes approximately 4,000 cubic yards of cut/fill and installation of an aggregate base in the northeastern portion of the lease area, has been completed pursuant to the grading plan shown in Attachment 4.

PROJECT ANALYSIS: Outdoor Facilities Benicia Municipal Code Section 17.70.200 permits outdoor storage of materials and equipment in the Limited Industrial district, subject to the approval of a Use Permit by the Community Development Director. However, per BMC Section 17.100.080, the Community Development Director has referred the application to the Planning Commission because the project involves significant policy issues related to the proposed nonconforming outdoor storage use of construction equipment and materials without required screening at the Pine Lake. A Use Permit for outdoor storage may include conditions of approval such as required yards, screening or planting areas to prevent adverse impacts. BMC Section 17.70.200.C requires screening of outdoor storage from view of streets by a solid fence or wall. Since the project includes no screening, the outdoor storage is nonconforming. Visual Impact The project site is not visible from Park Road because other structures and uses obstruct views from the road. The site is fully visible from westbound 780 because the freeway is elevated approximately 35 feet above the storage area and no screening landscaping exists to buffer views from the freeway. Trees planted by a prior tenant in 2010 have not thrived and do not provide the desired screening function (see image below). Screening the site from the 780 Freeway, would require healthy mature trees at least 20 feet tall, if planted on the terrace between the freeway and the storage area. This is the same terrace where trees were planted in 2010. Figure 2 View from Westbound 780 Freeway

Traffic The applicant has stated that the amount of traffic generated by the proposed use would be similar to that of the previous tenant, so no additional truck traffic impacts are expected beyond that generated by the previous nonconforming use. Nonconforming Uses A Use Permit has never been granted for outdoor construction storage on the site. According to BMC Section 17.98.070, a Use Permit is required for any alteration or expansion of nonconforming uses. The site was most recently occupied by a construction contractor until February 2017. While Accu-Bore’s proposed use of the site is consistent with and does not substantially expand its historical use, the change in a scope of work from the previous storage to the current utility contractor constitutes an alteration of the nonconforming use. BMC Section 17.98.060 requires applicants to produce a schedule to eliminate nonconformities such as landscaping and screening over a period not to exceed five years. The applicant has acknowledged that, despite tree plantings in 2010, the site requires landscape screening and has agreed to produce a five-year schedule to reduce the nonconformity. The draft resolution includes the following condition to ensure compliance with this zoning requirement:

5. Within six (6) months of Use Permit approval, the applicant shall submit a schedule for elimination and/or substantial reduction of nonconformities with regards to landscaping, screening, and items within the 1987 Development Agreement over a period not exceeding five (5) years in compliance with Benicia Municipal Code Section 17.98.060. The proposed schedule shall require approval by the Community Development Director and implementation shall commence within one (1) year of Use Permit approval.

Arsenal Historic Conservation Plan The project site is located in Subdistrict 1, The Hills, of the Arsenal Historic Conservation Plan (AHCP). While site and building alterations typically require design review in the Arsenal District, the plan specifically exempts the use and addition of industrial and mechanical equipment from design review.

General Plan Consistency The land use for the property is designated Limited Industrial, which includes the provision of industrial and commercial services such as the use proposed by the utility contractor. The General Plan calls for maintaining sight lines and minimizing visible development on land that would block public view. The project site is listed as a key visual feature in the General Plan and is highly visible from the I-780 Freeway. However, the site has been used for storage of materials and equipment for decades, including prior to the General Plan adoption, and no permanent fixed structures or buildings are currently proposed. As noted previously, the applicant will be required to install screening and landscaping within a five-year period to reduce the visual impact. General Plan Consistency:

A. The proposed location of the use is in accord with the objectives of this title and the purposes of the district in which the site is located because the parcel will be used as an outdoor storage yard for construction equipment, a permitted use with a Use Permit under Benicia Municipal Code Section 17.70.200, Outdoor facilities.

B. The proposed location of the conditional use and the proposed conditions under which it would be operated or maintained will be consistent with the general plan and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or to the general welfare of the city because no permanent changes to the physical site will occur. The project is located on a site in an industrialized area of the City that has historically been used for outdoor storage. The proposed use as a storage area for a utility contractor is consistent with the General Plan designation of Limited Industrial. Further, the project site is surrounded by compatible uses. It is bounded by the 780 freeway to the south, Amports’ car lot to the north, the Valero pipeline to the west, and industrial property to the east. The site is accessed from Park Road through another Amports parcel to the east. No new traffic impacts are expected because the proposed use will generate a similar amount of traffic compared with the previous nonconforming construction contractor.

C. The proposed conditional use will comply with the provisions of this title, including any specific condition required for the proposed conditional use in the district in which it would be located, because the project is a new occupancy of a previous nonconforming use on a site with a history of outdoor storage of construction materials. The site was most recently occupied by a construction contractor until February of 2017. Pursuant to Benicia Municipal Code Section 17.98.060, (New occupancy on a site having certain nonconforming site features), the applicant will provide a schedule for elimination or substantial reduction of nonconformities as a condition of approval. CONCLUSION: Staff recommends the Planning Commission approve the Use Permit to legally establish the use of outdoor storage of materials and equipment at 2000 Park Road, based on the findings, and subject to the conditions listed in the attached resolution and as discussed during the public hearing, after a determination that the project is exempt from CEQA. FURTHER ACTION: The Planning Commission's action will be final unless appealed to the City Council within ten (10) business days.

Attachments:

1. Draft Resolution 2. Project Site Plan 3. Applicant’s Statement 4. Grading Plan