DATE: May 26, 2016
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
Recommended approval of a Conditional Use Permit to store marble slabs under an outdoor canopy, located at 23190 Connecticut Street.
Recommendation
RECOMMENDATION
That the Planning Commission reviews and approves the application for a Conditional Use Permit to operate the proposed facility.
Body
SUMMARY
Staff recommends approval of this application as the project is designed such that all materials to be stored outdoors are not visible from the public right of way, the materials are protected by a canopy structure, and there are no sensitive uses in the immediate vicinity of the proposed project.
BACKGROUND
Pietra Fina is an importer, distributor, and supplier of natural stone such as Granite, Marble, Limestone, Travertine, Onyx, Slate, Soapstone and Quartzite slabs. The company’s business license reflects that they have operated at this location since 1998. The company is operating out of multiple warehouse buildings, between which is an open area which has historically been paved and used for commercial vehicle parking. As the company has grown, they are requesting to store some materials outdoors in this area.
The proposed site is located in the Industrial District and is surrounded on all sides by industrial warehousing, wholesale, and logistics facilities.
DISCUSSION AND STAFF ANALYSIS
The City of Hayward Municipal Code requires a Conditional Use Permit for “Major Outdoor Storage,” which is defined as, “Uses not conducted completely within an enclosed building, such as major outdoor storage in excess of 10 percent of an open yard area, excluding any required yard or parking area, or as determined by the Planning Director. Typically includes a construction yard where equipment and materials are stored.” The primary intent of staff’s review of this application has been to ensure that the use does not create a negative aesthetic impact on its surroundings in order to preserve the integrity of the district and support the Industrial District’s transition to highly developed, high quality uses.
As shown on the project plans, Attachment I, the applicant has proposed to utilize the existing split-faced concrete block wall (Attachment II) to limit the visual impact of the use. In addition, the landscaping on the site is to be updated to comply with the City’s Bay Friendly-Water Efficient Landscape Ordinance, which will also contribute to the visual quality of the site. The canopy structures were also designed to have wall panels on portions of the structure facing the street, which will block any equipment or lighting directly under the roofs of the canopies from view.
In addition, the project was reviewed by all other relevant City departments, including the Fire Department. The project has been designed to comply with Fire access requirements and also contains features to reduce water usage and run-off, such as rain barrels, as is required by code.
Findings for Approval - In order to approve the application, the Planning Commission must make Findings for Approval. The findings are listed below, along with a response to each finding from staff:
A. The proposed use is desirable for the public convenience or welfare;
The proposed storage area will enhance an existing use, which provides for economic activity and supports many other economic sectors, such as homebuilding and home improvement. Thus, it is desirable for the public convenience and welfare.
B. The proposed use will not impair the character and integrity of the zoning district and surrounding area;
The proposed storage area is designed to not be visible from the public street, the plans include upgraded landscaping to improve the visual quality of the site, and the use is compatible with existing uses in the area. Thus, the character and integrity of the zoning district is not impacted by the use.
C. The proposed use will not be detrimental to the public health, safety, or general welfare; and
The proposed materials storage area has been reviewed by City staff and is consistent with established policies and standards, including the provision of adequate area for maneuvering of Fire Department apparatus and the inclusion of features to limit environmental impact, such as rain barrels. Thus, the use is not detrimental the public health, safety, or general welfare.
D. The proposed use is in harmony with applicable City policies and the intent and purpose of the zoning district involved.
The proposed use has been reviewed by the City and is consistent with all City policies and standards. The use supports the intent of the General Plan to transition the District to cleaner, more highly developed uses. In particular, the use is consistent with the following General Plan policies:
LU-6.6 Property Upgrades
The City shall encourage property owners to upgrade existing buildings, site facilities, and landscaped areas to improve the economic viability of properties and to enhance the visual character of the Industrial Technology and Innovation Corridor.
LU-6.7 Design Strategies
The City shall encourage developments within the Industrial Technology and Innovation Corridor to incorporate the following design strategies:
• Provide attractive on-site landscaping and shade trees along street frontages and within employee and visitor parking lots.
• Screen areas used for outdoor storage, processing, shipping and receiving, and other industrial operations with a combination of landscaping and decorative fences or walls.
ENVIRONMENTAL REVIEW
The proposed storage area is an expansion/enhancement of an existing use and is exempt from California Environmental Quality Act (CEQA) impact analysis, pursuant to Section 15332: Infill Development of the CEQA Guidelines. This exemption applies where:
1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations;
2. The proposed development occurs within city limits on a site of no more than five acres substantially surrounded by urban uses;
3. The project site has no value as habitat for endangered, rare, or threatened species;
4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
5. The site can be adequately served by all required utilities and public services.
PUBLIC OUTREACH
When the application was initially received, noticing was sent to eighty-three property and business owners within 300 feet of the proposed use. This noticing was mailed on September 3, 2015. No comments were received from neighboring property owners.
Notice of this public hearing item was sent on May 13, 2016 to eighty-three property and business owners within 300 feet of the proposed use. The item was also noticed in the Daily Review on May 13, 2016. No responses to the notices have been received by staff at the time this report was finalized.
NEXT STEPS
The decision of the Planning Commission may be appealed by the proponent or a member of the public, or called-up by a member of the City Council, within ten days of the decision of the Commission. If no appeal or call-up is filed, the decision will be final at the end of the appeal period.
Staff contact
Prepared by: Michael Christensen, Assistant Planner
Approved by:

Sara Buizer, AICP, Planning Manager

David Rizk, AICP
Development Services Director
end
Attachments:
Attachment I - Project Plans
Attachment II - Photo of Existing Wall
Attachment III - Proposed Conditions of Approval