HomeMy WebLinkAboutpcm_07132011 1 UKIAH PLANNING COMMISSION
2 July 13, 2011
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair None
7 Mike Whetzel
8 Jason Brenner
9 Linda Helland
10 Linda Sanders
11
12 STAFF PRESENT OTHERS PRESENT
13 Charley Stump, Planning Director Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by
19 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
20 Ukiah, California.
21
22 2. ROLL CALL
23
24 3. PLEDGE OF ALLEGIANCE - Everyone cited.
25
26 4. APPROVAL OF MINUTES — June 8, 2011 and June 22, 2011
27 M/S Sanders/Helland to approve the June 8, 2011 minutes, as submitted. Motion carried (5-0).
28
29 The following recommended changes to the minutes were made:
30 Page 4, line 45, correct to read, `Is of the opinion the sign should not be taller than the building.'
31
32 Page 5, line 1,strike language and replace with, `Understands that the letter of Conditions of Approval for
33 the SDP were violated; unsure if it was with intent.'
34
35 M/S Helland/Sanders to approve the June 22, 2011 minutes, as amended. Motion carried (5-0).
36
37 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
38 Susan Knopf:
39 • Is of the opinion the City Manager, some staff and City Council are doing what they can to
40 suppress citizen input and the removal of the Planning Commissioner stipend is a part of this.
41 • During this time of staff shorages, is a time when citizen input and participation is even more
42 important and should be more encouraged and more welcomed.
43
44 Pinky Kushner:
45 • Supports during this economic hard time when the City is concerned with balancing the budget
46 and maintaining a fund balance that has lead to reduced staff hours encouraging the City to think
47 about using its citizens to do some of the things that City staff usually does.
48 • The community understands the City does not have a lot of money.
49 • Is pleased to see the progress and contribution the Tree Group Committee has made in its efforts
50 to update the City's Master Tree List. It is outstanding what citizen advisory groups can do for a
51 city, especially during economic hard times.
52 • As opposed to the City hiring expensive consultants, it may be beneficial to consider utilizing
53 citizens many of which are highly skilled professionals who can donate their time and expertise
54 because they are retired or for other reasons.
55
MINUTES OF THE PLANNING COMMISSION July 13, 2011
Page 1
1 Chair Pruden:
2 • Cited the UVAP process as an example of citizens helping to formulate a very important working
3 document that benefits the community and agrees this community has a great many people who
4 have expertise in amazing areas.
5
6 • Advised that discussion of agenda item 10A regarding the proposed revisions to the Ukiah
7 Municipal Airport Building and Land Use Development Plan Guidelines will be continued because
8 Senior Planner Jordan is sick and further advised that Planning Commissioners Whetzel and
9 Brenner will be recusing themselves from the discussion and possible action.
10
11 6. APPEAL PROCESS—There are no appealable items.
12
13 7. SITE VISIT VERIFICATION - N/A
14
15 8. VERIFICATION OF NOTICE— N/A
16
17 9. NEW BUSINESS
18 9A. Approved Projects and Condition Compliance. Discussion and possible direction regarding
19 compliance with imposed conditions of approval.
20
21 Planning Director Stump gave a staff report and welcomed a discussion and questions by the
22 Commission and the public concerning project condition of approval compliance/enforcement.
23
24 Commission:
25 • In some state jurisdictions Code Enforcement Officers wear police uniforms and carry guns. In
26 terms of code compliance for health and safety reasons does California law allow for this
27 approach?
28
29 Planning Director Stump:
30 • The Ukiah Police Department does assists with code enforcement issues as they pertain to
31 health and safety and agreed uniformed persons in police vehicles are very effective in this
32 aspect.
33 • Due to the lack of a Code Compliance Coordinator, staff does not have the ability/capacity to
34 conduct routine inspections to ensure ongoing compliance of every condition of approval on
35 every project approved by the Planning Commission.
36 • With the limited staff the City has, staff is doing the best it can to ensure compliance with
37 Planning Commission required conditions of approval wherein staff has been exploring
38 measures that could improve the monitoring of these conditions. As staff resources have been
39 impacted, an effective measure has been for the Building Official during construction through
40 routine site visits or inspections review whether or not the Planning Commission conditions are
41 being met. In this way, communication is being established interdepartmentally regarding the
42 status of projects and with identifying any associated condition violations that are occurring.
43 • Increased communication interdepartmentally concerning projects allows staff to do a better job
44 of monitoring violations and with enforcing the Planning Commission conditions.
45
46 Commission:
47 Q1. What is the life of the conditional use permit?
48
49 Staff:
50 A1. The condition stays in effect for as long as the use is active. If the use ceases for six months, the
51 use permit is lost.
52
53 There are conditions on some permits that may be ongoing forever, such as the requirement for
54 the planting of a tree and in the event the tree has to be removed, it is required to be replaced
55 and cited a specific incident.
MINUTES OF THE PLANNING COMMISSION July 13, 2011
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2 Commission:
3 • MacDonald's at the north end of town cut down trees that were required as part of the SDP and
4 had to be replanted. One of these trees is now dead and will have to be replanted.
5 • Noted the numerous flags/banners that advertise businesses in violation of the Sign Ordinance
6 and require a banner permit is a code enforcement issue.
7
8 Planning Director Stump:
9 • The former Code Compliance Coordinator position was full-time and even then it was difficult to
10 monitor the entire City for code violations many of which were reoccurring even after a citation
11 was issued for an infraction.
12 • One consideration may be to get a retired police officer and/or some qualified person to volunteer
13 and assist with code compliance issues. It does take a special person to be able to do code
14 enforcement and actually like the job. Staff intends to consult with the City Attorney whether or
15 not having volunteers assist with code enforcement issues is possible.
16
17 Commission:
18 • Likes that one measure can be the creation of a project conditions binder that would have a listing
19 of all active projects and the corresponding conditions that pertain to each so that the binder
20 would be available for public review at the front counter. In this way, the public could alert staff in
21 the event of a violation.
22
23 Planning Director Stump:
24 • Acknowledged that staff does and/or will as much as is possible monitor code violations/project
25 conditions with the limited staff resources.
26
27 Chair Pruden:
28 • Commented on projects that were not developed according to what was approved by the
29 Planning Commission. One example is the City Skateboard Park project and commented on how
30 the final product was not what the Planning Commission approved relative to landscaping.
31 • Understands that while things/plans can change in the field requiring modifications to plans, the
32 Planning Commission reviews projects based on final development/landscaping plans and not
33 conceptual plans.
34
35 Commissioner Brenner:
36 • It may have been the Ukiah Players Theater had a special request with regard to having an
37 access road as opposed to the proposed landscaping for the area and this is the reason a
38 change was made in the field.
39
40 Chair Pruden:
41 • Projects must be developed according to what is approved by the Planning Commission and not
42 according to a conceptual plan where plans can potentially change.
43 • Is of the opinion the Skateboard Park was approved for what was later identified as a conceptual
44 plan. The Planning Commission did see the footprint/envelop for the project that included plans
45 concerning drainage, landscaping/screening in addition to project plans and specs for the facility.
46
47 Planning Director Stump:
48 • In all fairness the project was completed as proposed except for that one landscaping
49 component.
50 • Speaking to the final inspection process of a project, if conditions are required to be implemented
51 prior to final inspection and the grant of occupancy, staff when conducting its final inspection
52 ensures compliance with all applicable conditions of approval such that if landscaping has not
53 been planted as approved, staff will typically not sign off on the final inspection and direct the
54 applicant to plant the landscaping consistent with the final landscaping plan.
55
MINUTES OF THE PLANNING COMMISSION July 13, 2011
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1 • There are instances that occur in the field where modifications have to be made for projects,
2 which might have been what happened to the proposed landscaping for the City Skateboard
3 Park.
4 • The City project manager for the City Skateboard Park did submit a Final Landscaping Plan. He
5 also consulted with staff concerning the final project conditions of approval. There was not
6 sufficient space in the planting strip for the proposed trees to be planted.
7 • Acknowledged the project may not have been completed as closely to what the Planning
8 Commission approved.
9
10 Chair Pruden:
11 • All projects must comply with the conditions that were approved by the Planning Commission and
12 this includes all City projects. If the skate park project had been done by a private developer, the
13 project would have been stopped and returned to the Planning Commission for review and
14 approval.
15
16 Susan Knopf:
17 • The skate park facility is an example of a chronic problem that occurs for City projects where
18 trees are removed and not replanted or planned for and never planted.
19 • The skate park needs shade trees for the users of the facility.
20 • Cited the City fire station facility that is fenced wherein trees/bushes were intended to be planted
21 in the planter strip in order to screen the storage area as another example of a City project that
22 was not completed according to plan.
23 • Cited the Golf Cart Barn project as another example of a project that was not completed
24 according to plan.
25 • Has observed the City breaking its own rules all the time.
26
27 Planning Director Stump:
28 • Disagrees the City has a chronic problem with breaking its own rules.
29
30 Chair Pruden:
31 • Finds the City `pretty responsible' regarding City processes in conjunction with projects. The Golf
32 Cart Barn was not reviewed by the Planning Commission because of the process at that time.
33 • City projects do not have to be reviewed by the planning Commission and are basically exempt,
34 but are now reviewed out of courtesy because the citizens have demanded it.
35 • City projects should be subject to some level of discretionary review as do projects from the
36 private sector.
37 • There appears to be a 'disconnecY with regard to City projects, citing the Skateboard Park
38 project as an example and supports working on this.
39 • The trees approved for the Skateboard Park project just went away so it is important to work on
40 this to make certain projects are in substantial compliance with the approved plan(s).
41
42 Pinky Kushner:
43 • Recognizes the importance of using native plants for projects as much as possible.
44 • People complain that native plants are not available in places like Home Depot and plant
45 whatever they like.
46 • Native plants are available locally in nurseries, from the County, Mendocino College and other
47 places.
48
49 Planning Director Stump:
50 • Disagrees that people plant what they like or use a substitute species when they cannot find
51 native plants. To the contrary, people ask staff where they can find native plants.
52
53 Commissioner Brenner:
MINUTES OF THE PLANNING COMMISSION July 13, 2011
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1 • Commented on the matter of changes that become necessary in the field and stated with regard
2 to the Skateboard Park issue, it is likely staff had to make a reasonable decision in order for the
3 project to work.
4 • The Planning Commission `has to let go' of circumstances that somewhat changes the original
5 intent for projects because of a problem that has come up behind the scenes.
6 • City Planning staff is very knowledgeable and trusts their judgment/decision when changes at the
7 preliminary stage for a project have to be made in terms of whether or not Planning Commission
8 would approve.
9
10 Commissioner Sanders:
11 • There may be a very good reason why the landscaping approved for the Skateboard Park had to
12 be changed, but it would be helpful to provide feedback as to why projects change.
13
14 Commissioner Whetzel:
15 • Highly trusts decisions made by the Zoning Administrator since minor changes to a project
16 approved by the Planning Commission would be reviewed by the Zoning Administrator as to
17 whether or not a project needs to return to the Planning Commission for review and approval.
18 • With regard to the matter of changes for projects when the Planning Commission reviewed the
19 new City Substation project, the focus was so much on the wall that he was surprised to see two
20 big access gates constructed for the project that were not really talked about but are necessary
21 for the project. The point being, people and decision makers have to be able to broaden the
22 scope for projects and understand changes/additions may be necessary so the project is
23 workable.
24
25 Planning Director Stump:
26 • When an applicant has an issue/problem with a project condition after the Planning Commission
27 has reviewed and approved the project, staff works closely with the applicant to address the
28 issue(s) whereby the applicant typically conforms because it is too costly and time consuming to
29 have to return to the Planning Commission.
30 • Accordingly, if the applicant fails to comply with the ongoing conditions of approval, staff will alert
31 the applicant of the failure to comply and attempt to gain voluntary compliance and if voluntary
32 compliance is not achieved, the next step would be to schedule a revocation hearing before the
33 Planning Commission.
34 • In some cases, if the issue/problem is minor, staff must use its judgment as to whether or not
35 compliance with a condition has been fully achieved. For example, it may be during the final
36 inspection staff may discover that not the exact landscaping species that was called for in the
37 final landscaping plan was planted. Staff would then make the determination whether what was
38 planted achieved the same purpose as the species in the final landscaping plan is in substantial
39 compliance with the approved plan and not require the applicant to return to the Planning
40 Commission for review and approval.
41 • Agrees a system for providing feedback is a good idea concerning projects that change in the
42 field in order to keep the community informed.
43
44 There was discussion about condition compliance, citing 'Mikes Unlimited' business as an example of an
45 applicant failing to comply with the conditions of approval and the corresponding revocation hearing that
46 occurred as a result.
47
48 It was noted a lot of unnecessary staff time and costs are involved when an applicant fails to comply with
49 ongoing conditions of approval.
50
51 Commission consensus:
52 • Supports staff's discussion in the staff report about how conditions are implemented and enforced
53 and the measures proposed by staff on ways to improve the monitoring of these project
54 conditions, noting the information in the 'Conclusion' section of the staff report will be very helpful.
55 • Approves of establishing a feedback system for projects that change in the field.
MINUTES OF THE PLANNING COMMISSION July 13, 2011
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1 • Is important project conditions approved by the Planning Commission be enforced not only for the
2 good of the community, but to avoid surprises about elements of the project that were not what
3 the Planning Commission approved.
4
5 10. OLD BUSINESS
6 10A. Workshop. Conduct a Public Workshop to review and make a possible recommendation City
7 Council regarding the revisions proposed to the Ukiah Municipal Airport Building and Land Use
8 Development Plan Guidelines updated by the Airport Commission. Continued from the June 22,
9 2011 meeting.
10
11 M/S Sanders/Helland to continue agenda item 10A to the regular July 27 Planning Commission meeting.
12
13 11. PLANNING DIRECTOR'S REPORT
14 Planning Director Stump reported:
15 • City Council conducted the third DZC workshop last night wherein progress is being made in this
16 regard.
17 • City Council approved the General Plan Housing Element.
18 • With regard to the Courthouse relocation project, a decision should be made shortly on one of
19 two sites.
20 • A contract has been approved for a consultant for the MSR. Once the MSR is complete and
21 considered by LAFCO, the Sphere of Influence can be amended.
22 • The Water Rights EIR is officially in the making.
23 • Three CEQA documents have been completed for City projects and identified these projects.
24 • The Walmart Expansion project is moving along whereby the associated EIR document is ready
25 for the Planning Commission to begin review. Copies of the document can be purchased at City
26 Hall.
27 • The UVMC expansion project has been submitted.
28 • The UUSD project has also been submitted.
29 • There will be a General Plan Amendment and rezone project coming to the Planning Commission
30 for the vacant property located at Clara Avenue and Orchard Avenue.
31 • Commented on the Planning Department Budget and City Budget for FY 2011-12.
32
33 Pinky Kushner:
34 • Mary Ann Miller would like to contribute some landscaping details concerning the tree wells on
35 the Walmart site and has some ideas about providing for meandering walkways relative to the
36 Walmart expansion project.
37 • Has concerns about a rezone for the property located at Clara Avenue and Orchard Avenue to a
38 commercial designation because of potential impacts to a very dense low-income housing project
39 being constructed across the street.
40 • Commented on property located on Airport Park Boulevard that has become blighted with the
41 storage of cement blocks and questioned why the City did not require a permit for this use
42 because the fees would be more than enough to pay Planning Commission stipends that the
43 Commissioners are not going to receive this budget year.
44
45 12. PLANNING COMMISSIONERS' REPORT
46 Commissioner Sanders also commented on the unsightly cement blocks being stored on property on
47 Airport Park Boulevard.
48
49 13. ADJOURNMENT
50 There being no further business, the meeting adjourned at 7:14 p.m.
51
52
53
54 Cathy Elawadly, Recording Secretary
MINUTES OF THE PLANNING COMMISSION July 13, 2011
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