To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Yurok Economic Development Corporation
Shoreline Market & Fueling Station
Assessor Parcel Numbers (APNs) 520-151-014, 520-151-015, 520-151-016
Record No.: PLN-2021-17554
Orick area
A Coastal Development Permit and Special Permit for Design Review of a proposal to redevelop an existing fueling station and market. The project includes demolition of the existing storefront, fuel pump, and other unoccupied buildings on the property and construction of a new commercial structure approximately 45 feet in height and approximately 8,289 square feet in size, which would contain a market and laundromat. The existing 2-story market building being replaced is approximately 4,000 ft.² in size. The proposal includes construction of an approximately 3,000 square foot canopy covering the new fueling station and installation of several above ground tanks for storage of gasoline and propane. Additional on-site improvements include placement of appurtenant signage on the market and fueling station, installation of landscaping, and creation of an approximately 320 square foot trash enclosure. Several modular buildings are proposed to be installed and will temporarily serve as the market and will be removed after construction is completed. The project includes three parcels of the land totaling approximately 8 acres (identified as APNs 520-151-014, 520-151-015 and 520-151-016) which are proposed to be merged to accommodate new septic system improvements needed for the proposed development. The site is served with community water provided by the Orick Community Services District. The applicant has agreed to work with Caltrans on completing highway improvements to allow limited widening of the roadway and development and striping of a left-turn lane in the vicinity of the project.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution, (Attachment 1) which does the following:
a. Finds the Zoning Administrator has determined the project is exempt from further environmental review pursuant to Section 15183 of the State CEQA Guidelines; and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Coastal Development Permit, Special Permit, and Notice of Merger as recommended by staff, subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: This project is located in the Orick area, on the north side of State Highway 101, approximately 350 feet east of the intersection of State Highway 101 and Hilton Road, on the property known as 120001 and 120025 State Highway 101.
Present General Plan Land Use Designation: Commercial General (Urban)
Present Zoning: Commercial General with the Design Review Combining Zone (CG/D)
Coastal Zone - Appeal: The property is located within a portion of the Coastal Zone where Coastal Development Permits are appealable by/to the Coastal Commission
Major Concerns: setbacks from Environmentally Sensitive Habitat Areas
Monitoring Required:
None.
Executive Summary: The Yurok Economic Development Corporation are seeking to redevelop a commercial property in the Orick area with a new gas station and market. A Coastal Development Permit and Special Permit for Design Review are required. Merger of adjoining land totaling approximately 8 acres is proposed to accommodate needed septic system improvements. The property is currently developed with an existing gas station and market that have operated from the site for over 50 years. Demolition of the existing storefront, fuel pump, and other unoccupied buildings is proposed. Several on-site wetlands are found within western portions of the property. To allow for siting of the new leachfield and portions of the market and fuel island, reduction of the development buffer to 50 feet from 3-parameter wetlands and 10 feet from 1-parameter wetlands is proposed.
On-site Wetlands/ESHA:
Biological Resources / Wetland Buffer and Riparian Setback Reduction
The North Coast Area Plan (NCAP) serves as the Local Coastal Plan for this portion of the Coastal Zone and includes policies for protection of Environmentally Sensitive Habitat Areas (ESHA) including wetlands, as well as coastal streams and associated riparian areas. Western portions of the site host an assortment of 1 and 3-parameter wetlands.
Wetland Buffer Area
Policies and standards of the NCAP prescribe a 250-foot setback defined as the Wetland Buffer Area, where the 40-foot contour line or nearest paved road exceeds this distance. Over 85% of the 8-acre parcel becomes constrained when the standard 100-foot wetland setback is used. The site is located within an urban portion of the planning area (inside the Urban Limit Line) and development setbacks can be established using the stringline method where the setback is based on the average distance maintained by existing development immediately adjacent to the wetland. An analysis of the on-site wetlands was performed by a biologist and is documented in a memo to the applicant. The memo analyzes the condition and ecological function of wetlands found on the property and prescribes specialized setbacks of 10 feet from the 1-parameter wetlands and 50-feet from the 3-parameter wetlands. The report also includes recommended measures to avoid impacts to the wetlands during construction which have been incorporated within Conditions of Approval (COA’s A7, A8, and A9.
Riparian Corridors
The standard riparian corridor on all perennial streams is a minimum of 100 feet from the stream transition line (the line closest to the stream where vegetation is permanently established). The northern boundary of the property borders a levee on Redwood Creek. A human-made feature, portions of the levee area closest to the project parcel are primarily unvegetated and are developed with an existing gravel road. No development is proposed within the true riparian corridor. Two above ground fuel storage containers are proposed to be sited within the northeastern corner of the property which has historically been developed with an onsite residence/caretaker’s unit.
Additional Conditions (COA #A5 & A6) have been included requiring that the applicant prepare a Development Plan for the property and record a Notice of Development Plan. The Development Plan will provide constructive notice to future property owners of development setbacks and restrictions associated with the riparian corridor and Wetland Buffer.
Access:
The property lies west of central Orick and is accessible from Highway 101. The majority of the site includes asphalt paving and the property has 4 different encroachments points along Highway 101. Encroachments would be reduced to two under the proposal and the applicant has agreed to work with Caltrans on completing a suite of highway improvements to allow limited widening of the roadway and development and striping of a left-turn lane in the vicinity of the project.
Environmental Review: The project has been found consistent with the development density established by existing General and Community Plan policies for which an EIR was certified and no further environmental review is required pursuant to Public Resources Code section 21083.3 as implemented by section 15183 of the State CEQA Guidelines, Projects Consistent with a Community Plan or Zoning. An Initial Study checklist has been completed for the project (Attachment 3).
OTHER AGENCY INVOLVEMENT:
The project has been referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval. (Attachment 4)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect not to hear this item and put the decision making in front of the Planning Commission. Any decision to place this matter before the Planning Commission must be done before opening the public hearing on this project.
2. The Zoning Administrator could elect to add, amend, or delete Conditions of Approval.
3. The Zoning Administrator could deny approval of the requested permits if unable to make all of the required findings.
Planning Division staff are confident that the required findings can be made based on the submitted evidence and subject to the recommended conditions of approval. Consequently, planning staff does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plan
C. Project Description and Plan of Operations
D. Sign Information & Elevations
E. Wetland Buffer Memo
2. Location Maps
3. Applicant’s Evidence in Support of the Required Findings
4. Referral Agency Comments and Recommendations
A. Caltrans Referral Response - January 28, 2022
B. Caltrans Referral Response - July 3, 2024
C. Orick Design Review Committee Determination – January 6, 2025
Applicant:
Yurok Economic Development Corporation,
Joseph James, President
P.O. Box 1043,
Klamath, CA 95548
Owner:
Yurok Tribe,
P.O. Box 1027,
Klamath, CA 95548
Agent:
LACO Associates,
Joan Carr, PLS, RCE – Project Manager
21 W. 4th Street,
Eureka, CA 95501
Please contact Steven Lazar, Senior Planner, at slazar@co.humboldt.ca.us or 707-268-3741 if you have questions about this item.