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HomeMy WebLinkAboutEDAC16-0009 - Meeting Notes - final BUTTE COUNTY ECONOMIC DEVELOPMENT ASSISTANCE COMMITTEE May 25, 2016 EDAC16-0009 APNs: 039-210-090 & 039-210-091 Nell & Jim Bremner Operator Project Description Reuse of the Existing Mothers 4 Corners site. Architecture will have same feeling as Wine & Roses, with drought resistant landscaping; 3 men’s and 3 women’s toilets in two bathrooms for event facility, plus one unisex bathroom in coffee shop, and one unisex bathroom in office. PROJECT AREA BY USE Use Indoor sq ft Outdoor sq ft Total sq ft Event Facility 2486* 300* 2786 Coffee Shop 580 200 780 Office 1090 0 1090 • Proposed as restaurant during non-event hours Departments Comments Development Services, Planning Division • Zoning – G-C (General Commercial) • Outdoor events venue (“outdoor recreation” in use table) and drive thru • Requires application and approval of a Minor Use Permit by Zoning Administrator. If application is controversial or there is disagreement about conditions of the project, application may be referred to Planning Commission for decision. • Multiple uses will be processed with one MUP application. • Restaurant, indoor coffee shop, office, and indoor event facility are allowed uses in GC zone, with issuance of building permits for remodel as necessary. • Parking can be calculated by multiplying square footage by parking rate for each use, or a parking demand study can be undertaken to estimate actual demand (BCC24-94 E). The results of the parking demand study may be approved by the Planning Commission as part of the MUP. • Offsite parking can be allowed with a covenant (BCC24-94) or the parcels could be merged into one parcel. • A noise study will be required as part of the MUP application to assess noise impacts on adjacent residents, if music/dj will be amplified out of doors. • Landscaping shall be consistent with the requirements of Butte County Zoning Code, Article III, Division 11 and Article IV, Section 24-160 (Drive-through facilities) Contacts: Mark Michelena, Senior Planner, (530) 538-7376; mmichelena@buttecounty.net Stacey Jolliffe, Principal Planner, (530) 538-6573; sjolliffe@buttecounty.net Chuck Thistlethwaite, Planning Manager, (530) 538-6572; cthisthlethwaite@buttecounty.net Development Services, Building Division • Green building code requirements for remodel over 1,000 sq ft may require commissioning report. • Demo permit needed for removing buildings – helps tax assessment, Curtis can probably permit retroactively. • Work with a Registered Design Professional is to determine requirements for development of the commercial building and design to the current CA Building, Plumbing, Mechanical, Electrical, Energy, and Green Building Codes as well as to local ordinances • Disabled access – All altered areas must meet accessibility requirements for new development. Accessibility Upgrade Worksheet must be completed and included as part of the plan submittal and based on the overall cost of the improvements, the accessible path of travel must be fully upgraded to current code. • The exiting and accessible path of travel must extend to the public right of way or safe dispersal area per code. • The building owners and tenants may be liable for non-compliance with Federal ADA guidelines regardless of whether the building complies with CA Code. Suggest consulting with a private CASp (Certified Access Specialist). A list of CASp professionals may be found at the following website. http://www.dgs.ca.gov/dsa/Programs/programCert/casp.aspx • Fire barriers may be required between occupancies depending on the design. • Building Manager suggests special inspection to evaluate ADA issues. • New code adoption in January 1, 2017; building permits need to follow new codes after the date. • Occupant load and exiting requirements will need to be confirmed by building Contacts: Nancy Springer, Building Official, (530) 538-7159; nspringer@buttecounty.net Curtis Johnson, Supervising Building Inspector (530) 538-5367; cjohnson@buttecounty.net Public Works Department • County has 60’ of right-of-way on Dayton Road, 30’ from centerline. • Applicant will need to dedicate right-of-way on Durham Dayton HWY, 30’ from centerline. • Parking cannot encroach into right of way, row of parking along Durham Dayton may be lost. • Curb, gutter, and sidewalk are not required. • On Durham-Dayton Hwy, drive approach is wide and may need to be shortened to avoid traffic conflicts. • Three parking spaces near drive thru oval will be removed. • Drainage plan is needed to demonstrate decrease in impervious surfaces • Track down with Bill B if parcels are separate legal parcels. • Encroachments permits needed for public roads. Contact Tom Fossum, Land Development Deputy Director (530) 538-7266; tfossum@buttecounty.net Public Health, Environmental Health Div. • Existing permitted onsite wastewater system capacity is 2,490 gallons per day. Certified Designer shall provide verification of system adequacy should wastewater loading from tenant occupancy come into question. Calculations provided by RAR to date would suffice for immediately proposed use for coffee shop and office space. • Work with Consumer Protection staff on food plan checks for both the coffee shop and restaurant. • The existing domestic well was previously used to serve the former restaurant. EH will allow continued use of the well as long as clean bacteriological sample results are supplied. You will need to work with Consumer Protection staff for ongoing sampling and reporting requirements. • Chart for waste loading calculations to be provided Contacts: Kristen McKillop, Program Development Manager (530) 538-7283; kmckillop@buttecounty.net Elaine McSpadden, Consumer Protection Supervisor (530) 538-6773; emcspadden@buttecounty.net Cal Fire/Butte County Fire Contact Matt Damon, Deputy Fire Marshall (530) 538-7888; matt.damon@fire.ca.gov Economic Coordinator Butte County Admin. • The County and its partners provide a variety of business development services. • For additional questions: Contacts: Jennifer Macarthy (530) 538-2554; jmacarthy@buttecounty.net Heather MacDonald (530) 538- ; hmacdonald@buttecounty.net Specific Concerns and Questions asked: MEET AT MOTHERS 1. Is there a way to allow events even if the restaurant is not operating? Yes, indoor events are consistent with the zone, and outdoor events can be permitted with a minor use permit. 2. For a minor use permit, who decides? What is the process for checking off the application checklist? The Zoning Administrator (ZA) may approve the minor use permit, or if there is controversy or disagreement about conditions of the project, then the ZA may refer the matter to the Planning Commission for determination. If a parking demand study is prepared to reduce required parking spaces below that otherwise required by Article 19 of the Zoning Ordinance, the study and the project would be considered by the Planning Commission. Please note that all decisions of the Zoning Administrator may be appealed to the Planning Commission and all decisions of the Planning Commission may be appealed to the Board of Supervisors. (So referrals to the Planning Commission can save time by eliminating the potential for a double appeal.) The checklist identifies submittal items required for a complete application. You may use one column to check off submittal items, and the second column is used by the intake planner to check the application materials. 3. The current owner does not wish to have restrictions imposed that would prevent the event venue from allowing music until midnight. Is this possible? This is uncertain. The venue must be compliant with the County’s noise ordinance which restricts noise levels; See BCC 41A-7 for urban zones. These standards do not prohibit the event from being heard by adjacent neighbors, but rather establishes noise thresholds that cannot be exceeded. Noise thresholds are lower, and therefore harder to meet, during the evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours. Nevertheless, it may be possible to comply with the County’s noise ordinance at midnight with indoor music. A noise study may be required to determine if your event proposal will comply with the county’s noise ordinance. The indoor playing of music will not result in the need for a noise study; however, the playing of outdoor amplified music, especially during evening and nighttime hours will require a noise study to evaluate whether event facility can meet the County’s noise ordinance. PARKING 1. The owner is asking for permission to encroach on about 11 feet of the county right-of-way along the Durham Dayton Road for approximately 150 feet. As discussed, parking encroachment into the right-of-way is not supported by Public Works staff. 2. What will you require? This is a remodel and has been an existing parking lot with no trees, for example. PARKING REQUIRMENTS Use Max People Parking Standard Parking Spaces per Standard Restaurants 99 1 per 4 seats or 1 per 300 sq ft, whichever is greater 25 Special Events* 225 (1) 1 per 4 seats or for 4 people based on max occupancy, whichever is greater 56(2) Retail -- 1 per 300 sq ft. 3 Office -- 1 per 300 sq ft. of gross sq ft. 3 (1) Based on septic capacity (2) Restaurant and Event Facility share same building area, which should be parked at the higher of the two parking rates, (that is, for the event facility). We will review your proposal for consistency with Butte County parking standards. Consideration will be given to the fact that it is an existing use, but the facility still needs to function adequately for the proposed uses. You mentioned providing 50 parking spaces for the proposed uses combined. I estimate required parking at 59, which is the 56 spaces for the event facility plus 3 spaces for the retail/coffee shop which may be open the same hours as events. I assumed events would generally not overlap with the office or restaurant uses. Alternatively, guests for the event facility could be reduced to 190 people, to make the ratios work and keep the 50 parking spaces maximum. 3. Some event “off-site” parking will be on the contiguous parcel (APN 039-210-0911) which is also owned by the Bremners. Is that a problem? Is a covenant needed? Parcels can be merged, or a covenant can be used to allow parking on a different parcel than the use. 4. Parking lot landscaping/lighting/number of parking spaces/number of disabled spaces. What will you require since this is a remodel and has been an existing parking lot with no shade trees for decades. We will review your proposal for consistency with Butte County standards. Consideration will be given to the fact that it is an existing use, but the facility still needs to function adequately for the proposed uses. Please review code requirements at BCC 24-94 and 95 for general parking requirements including lighting (BCC 24-95 B.5), number of disabled spaces (BCC 24-94 B.), and landscaping (BCC 24- 95 B.6). Number of spaces, discussed above, is located in BCC Table 24-93-1 Onsite Parking Requirements. 5. Parking restrictions on neighbor’s north side for events? The code references an 8-foot landscape buffer next to residential uses (BCC24-95 B.6.b). This is an item that can be addressed with the discretion of the use permit in order to assure compatibility with adjacent residential uses. If there is a bedroom next to the parking area, an 8-foot buffer would seem a good idea; if the garage abuts this area, it would not be needed. In the application for the use permit, please tell us what that area of the adjacent residence is used for so DDS can better determine whether the 8-foot setback referenced in code should be applied here. 6. How much will parking on county roads count toward our parking spaces? Street parking does not count toward required parking, except as may be evaluated by a parking demand study. MOTHER’S COFFEE 1. Can a drive-through permit happen quickly? We estimate the MUP will take approximately 5 to 7 months to process. 2. There will be questions about the landscaping for the drive-through area. Concerns include screening, but not obstructing, and regulations about people sitting or people walking in the proximity of the cars that are driving through. See BCC 24-160 for landscaping regulations relative to drive-through facilities. MOTHER’S BUSINESS 1. There will be an entrance and some parking spaces on the neighbor’s side of the building. Considering that Mother’s is zoned for general commercial and the neighbor is zoned for community commercial. Are there proximity restrictions? (The property has been screened with large native bushes and a fence.) See Parking, question 5, for discussion of adjacent residential use. 2. Will there be hours of operation restrictions? Parking restrictions? Driveway restrictions? Hours of operation restrictions could be applied as a condition of approval to the MUP to ensure compliance with County noise ordinance, but staff does not foresee limiting hours of operation for the office or retail facility. IN GENERAL 1. What are the owners required to ask the county permission for? • A minor use permit is required to operate the outdoor event venue, and drive-thru. Some fencing options, and the ability to utilize a parking demand study, may also require approval by County as part of the MUP. • Building permits for demolitions and remodels a. Decorative exterior walls / fences County permission may be required, depending on your proposal. Walls and fencing should be specified on site plan submitted with the MUP, so that signage can be evaluated, discussed, and approved as part of the MUP. b. Exterior lighting. Will be evaluated by CEQA analysis for the project. Lighting, especially, next to care home, should be designed to cast downward and to NOT spill light onto neighbors’ property. See BCC 24-67 (Standards). c. Landscaping for screening Should be specified on landscape or site plan submitted with MUP. See BCC 24-95B.6. Landscaping. Existing building does not need to meet landscaping requirements exactly as BCC24-92 exempts existing buildings. Nevertheless, staff recommends that complying with minimal standards for landscaping and parking lot is highly compatible with applicant vision for lush inviting facility. Review BCC24-160 for screening of drive-through facility. Also, MUP approval typically requires adequate parking. d. Motorcycle and bicycle parking spaces Should specified on site plan submitted with MUP. See BCC 24-94C regarding motorcycle parking.