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HomeMy WebLinkAboutpcm_12202011 1 UKIAH PLANNING COMMISSION 2 December 20, 2011 3 Minutes 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Judy Pruden, Chair None 7 Jason Brenner 8 Kevin Doble 9 Linda Sanders 10 Mike Whetzel 11 12 STAFF PRESENT OTHERS PRESENT 13 Kim Jordan, Senior Planner 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 — December 14, 2011 27 The minutes from the December 14, 2011 will be available for review and approval at the January 11, 28 2012 meeting. 29 30 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 31 32 6. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting, 33 the final date to appeal is Tuesday January 3, 2012. 34 35 7. SITE VISIT VERIFICATION - Site visit for agenda item 9A was verified. 36 37 8. VERIFICATION OF NOTICE — Agenda items 9A was properly noticed in accordance with the 38 provisions of the Ukiah Municipal Code. 39 40 9. PUBLIC HEARING 41 9A. Site Development Permit File No. 11-09-SDP-PC: Conduct a public hearing of a request by the 42 Ukiah Unified School District for Planning Commission approval of a Site Development Permit to 43 allow construction of a new 13,800 square foot office building and associated site improvements 44 at 511 South Orchard Avenue, APN 002-340-45. 45 46 Associate Planner Faso gave a staff report: 47 • Approval of the Site Development Permit would allow the construction of a new two story office 48 building to house the business offices of the Ukiah Unified School District. 49 • Project includes a new parking lot with 46 onsite parking spaces, associated landscaping and lighting 50 for the site. 51 • Staff analysis provides that the site layout with the building located towards the front of the site and 52 with the installation of the new landscaping along the front of the lot will create a pleasing experience 53 for the pedestrians along South Orchard Avenue. 54 MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 1 1 • Pedestrian elements should be attractive and functional. The project also includes benches and other 2 architectural features that will enhance the pedestrian experience. A draft condition of approval has 3 been included requiring the specs/manufacturer's information for the proposed bench to be included 4 as part of the building permit plans and subject to staff review and approval. 5 6 • While the project is located outside the Downtown Design District, the applicant voluntarily chose to 7 present the project to the Design Review Board for review and comments concerning the design. 8 9 • The project is located in the B2 Infill zone and complies with the associated compatibility criteria for 10 this zone. The maximum density is 90 people per acre for non-residential uses in the B2 infill area 11 and therefore given that the site is .77 of an acre the maximum density for the site cannot exceed 69 12 people. The applicant has indicated the proposed business office will have approximately 35 13 employees on a daily basis. The project also includes a board room that would be used after 14 business hours, once a month for District Board meetings. The occupancy of the board room would 15 be limited to 69 peopled because of the size of the project site and criteria of the B-2 Airport 16 Compatibility Zone Infill criteria. Draft condition of approval 6 has been added related to the maximum 17 occupancy of the site that states, `Based on the requirements of the criteria for the B2 Airport 18 Compatibility Zone Infill policy, the number of persons for the site is limited to 69.' 19 20 • The project is consistent with the goals, objectives, and policies of the Ukiah General Plan. 21 22 • As part of the SDP application, the applicant is requesting three modifications to the landscaping 23 requirements for the C-1 zoning district. 24 25 Modification 1: 26 Section 9087(C)(1)(e) states `Parking lots with 12 or more parking stalls shall have a tree placed 27 between every four parking stalls within a continuous linear planting strip, rather than individual 28 planting wells, unless clearly infeasible.' 29 30 A portion of the proposed parking lot includes a section at the north side of the building that has 31 five parking spaces in a row without a tree rather than the required four. The applicant has 32 included a request for a modification to this requirement. 33 34 Staff analysis provides that the project complies with the intent of the guidelines since the project 35 provides one tree at five parking spaces and then one tree at three parking spaces which average 36 on tree every four parking spaces. 37 38 Modification 2: 39 Section (C)(1)(e) also states, `Parking lot trees shall primarily be deciduous species and shall be 40 designed to provide a tree canopy coverage of 50% over all paved areas within 10 years of 41 planting. Based upon the design of the parking lot, a reduced number of trees may be approved 42 through the discretionary review process. 43 44 Providing 50°/a shade coverage over 10 years is infeasible. The applicant is requesting the 50% 45 shade percentage be achieved in 15 years as opposed to 10 years. As directed by staff, the 46 applicant has provided shade calculations at 15 years based on the shade requirements for the 47 City of Davis. 48 49 Staff analysis provides that the Zoning Ordinance requires a shade percentage to be achieved at 50 10 years, however the Code does not indicate how the shade coverage should be calculated, 51 does not provide the canopy size of various tree species at 10 years, or define the parking area 52 that is subject to this requirement Based on staff research, communities that have a shade 53 ordinance most commonly use a 15-year tree canopy when calculating shade coverage. Staff 54 was unable to find another community that used a 10-year canopy for the purpose of calculating 55 shade coverage. Staff directed the applicant to use the information provided by the City of Davis 56 shade ordinance to calculate the shade coverage and requests the Planning Commission decide MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 2 1 whether or not to approve or deny the request for modification and to provide information that 2 supports the decision. 3 4 Modification 3: 5 Section 9087(C)(1)(g) states, `Parking lots with 12 or more parking stalls shall have defined 6 pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated 7 from automobile travel. Based upon the design of the parking lot and the use that it is serving 8 relief from this requirement may be approved through the discretionary review process. 9 10 The applicant is of the opinion the sidewalks as shown in the site plans are functional and provide 11 for sufficient pedestrian access on the site, are consistent with the uses, design and architecture 12 and therefore recommends no additional pedestrian pathways be required on the site. 13 14 Chair Pruden: While street parking is not part of the City parking requirement there is currently public 15 parking on the street and questioned whether portions of South Orchard Avenue would be designated as 16 a fire lane or fire zone and/or would there be any changes to the street parking. 17 18 Staff: The City Fire Marshal and Public Works Department have indicated there would be no loss of 19 parking on the street as a result of the project. 20 21 Commissioner Brenner: Referred to page 3 of the staff report, section relative to the B2 Infill Zone and 22 corresponding density requirements and inquired whether the limit to the number of persons in the board 23 room is limited to 69 persons. 24 25 Staff: Clarified the number of persons allowed at one time in the building and on the site is 69 persons. 26 27 PUBLIC HEARING OPENED: 6:46 p.m. 28 29 Don Alameida, Project Architect provided a PowerPoint presentation: 30 • Addressed the site location in conjunction with the other commercial buildings in the 31 neighborhood. 32 • The site includes an access easement to the Social Security building located behind the project 33 site. 34 • The 13,800 sq. ft. office building was oriented to favor the southern side of the lot to take 35 advantage of the existing shade trees and solar opportunities. While solar panels will not be 36 featured at this point as part of the project, the design of the roof is readily accessible to service 37 solar in the future when it is financially feasible. The building orientation was also chosen to 38 comply with planning standards in terms of setback and other development standards without 39 having to request a variance or any other deviation. 40 • The building was oriented such that it will provide shade to the parking lot. 41 • The building was designed to be as sustainable as costs would allow. 42 • Referred to the site plans and explained the major entrance to the building will be located on the 43 northeast corner. There is an entrance from the parking lot and from the bus stop. There is a 44 secondary entrance to the Board of Trustees conference room. There will be another entrance in 45 the back of the building for personnel. 46 • The ground floor footprint will include a UUSD meeting and teacher training room, human 47 resources, business services, personnel commission rooms and conference rooms. 48 • The intent was to construct an architecturally pleasing building that everyone can appreciate, is 49 energy efficient and complements the other buildings in the neighborhood along with having a 50 nice presence from the street. 51 • The entryway to the building was created to be inviting to different modes of transportation. 52 • The materials are predominately cement plaster. The access way and front of the building will 53 feature a stone veneer. Material samples were shared with the Commission. The 54 design/size/application of the stone will have masonry look. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 3 1 • The windows will be commercial aluminum grade, dual glaze, low E2 glass. All windows on the 2 south and east sides and a majority of the west side will be shaded for energy conservation. The 3 upper story will feature a shading device over the windows and the lower story will feature a wood 4 trellis having vegetative vines that will provide shade, help soften the mass of the building and 5 allow for more privacy for offices on the lower floor. 6 • Referred to the conceptual renderings that show the overall layout of the building, building 7 entrances, driveways, parking lot, landscape areas, and building design to address presentation 8 and mass. The building features include varying rooflines/pitches, exterior materials and color 9 schemes that provide for an interesting and nicely articulated look and feel. The proposed wood 10 application will provide a nice aesthetic contrast with the overall design, colors and materials for 11 the building. 12 • The eaves will be tapered and the fascia will be aluminum or zinc to provide for a decorative 13 appearance and provide character. While copper is aesthetically pleasing, it is costly. 14 • LEED practices will be used as much as is feasible. 15 • Addressed bicycle parking on the site. 16 • The pitched roofs will have exposed rafter tails and the flat roof will have an overhang with an 17 aluminum fascia. Cool roofing shingles and/or green roofing materials will be used. Overhangs 18 that range from 2 to 4 feet will be constructed for shade and energy conservation. 19 • All lighting for the building and parking will be International Dark Sky Association friendly. 20 • Has been working with a professional landscape designer and referred to the landscape plan that 21 demonstrates the various plants/vegetation proposed together with the proposed tree species for 22 the parking lot, site, including street trees. Other site amenities include benches. Measures will be 23 taken for water conservation including the installation of appropriate irrigation systems. 24 • All HVAC units and recycling/trash areas will be appropriately screened. 25 • Signage will include a wall sign for the building and a shared directional sign for the school district 26 and social security office. 27 • The Design Review Board made helpful comments during their review of the project with regard 28 to extending the trellis to provide for more shade, provided guidance regarding landscaping plan 29 and suggested more native plants, provide for more people space and amenities such as 30 benches, particularly around the main entrance, and open space for employees. DRB had some 31 concern with the decorative rafter tails in terms of how far they would extend outward. 32 • Has been working with Rau and Associates, local civil engineers and land surveyors, regarding 33 onsite storm water drainage. As shown on grading and drainage plan storm water/rain water 34 management systems have been designed and will utilize a pervious paving in the parking lot. 35 Whatever water occurs on the site will be retained rather than discharged into the City storm drain 36 system. 37 38 Commission: How will the District address a public hearing in a board room that could exceed the B2 39 infill density maximum for the site of 69 persons? 40 41 Don Alameida: Will comply with the condition that the maximum number of persons for the site is 69 42 persons and will consider meeting with the Mendocino County Airport Land Use Commission about 43 possible alternatives/options in this regard. 44 45 Commissioner Sanders: 46 • Likes that permeable paving will be used for the parking lot. 47 • Likes there is an entrance from the sidewalk. 48 • Likes that solar energy efficiency is being considered. 49 • Has concerns about curbs being used in the parking lot area when the water table is just 5 feet 50 below. Would like excess water to be retained onsite as much as possible. It appears from the 51 landscape plan there is a lot of lush landscaping proposed wherein the water can move into the 52 planter areas without being encumbered by curbs and recommends possibly lowering the curbs. 53 54 Don Alameida: MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 4 1 • The curbs are on the outer perimeters of the parking lot so water can be retained in planter areas 2 on the site because the parking lot slopes to the middle rather than to the edge of the parking lot. 3 4 Commissioner Sanders: Is a neighbor to the east of the project in the Social Security building. It 5 appears the lot size may be smaller but not by much. 6 7 Don Alameida: It is his understanding the Social Security building is smaller than the proposed UUSD 8 building. 9 10 Commissioner Sanders: 11 • The Social Security building has 25 parking spaces and the UUSD is requesting 46 parking 12 spaces. The easement road to the Social Security building is narrow. 13 • Requested clarification the entrance to the driveway will be at the lot line on southeast corner. 14 • There are at least 100 people that come to the Social Security building daily. 15 • Questioned whether or not this access road will be enhanced and/or widened? 16 • There are a lot of people who use the bus as there is a MTA bus stop located near the access 17 road. There is also a lot of pedestrian activity. 18 • Referred to the northeast corner and has observed there are some nice plantings in this location. 19 Requested clarification if this is where the receptacle for trash and recycling will be located. 20 • There does not appear to be a place for the employees to have a break and inquired whether this 21 aspect is part of the project plans.Will there be a place for benches or a patio? 22 • Is concerned how pedestrian circulation will work on the property. Apparently people travel from 23 the Social Security building site to the UUSD site. A worn path makes this apparent. Is that area 24 on the eastern property line going to be fenced or open for pedestrian circulation? 25 • Asked about signage as it may be difficult to find the Social Security building with the proposed 26 School District project. 27 • Social Security employees wonder why the proposed building is positioned as it is and not on the 28 northwest side of the lot. 29 • Did the matter of drainage have an influence on where the building was sited? 30 31 Don Alameida: 32 • There are actually two entrances and one is directly off of South Orchard Avenue. 33 • There are no plans at this time to widen the access road. 34 • Confirmed the northeast corner is where the receptacle for trash and recycling will be located. 35 • There are a couple of places that employees could use. Referred to an area on the site the DRB 36 recommended widening for the purpose of adding benches in and around the bicycle lockers that 37 could be more developed for employees to go for breaks. There is also a break room on the 38 second floor that has a balcony on the southern side. 39 • No fence is planned. 40 • There is an existing sign on the property depicting with an arrow showing direction to the Social 41 Security building. In about the same area, the School District proposes a concrete sign that 42 reads, Ukiah Unified School District and Social Security with an arrow pointing in the direction of 43 the Social Security building. 44 • The building was oriented such as it is from a circulation point of view and to provide additional 45 shade in the parking lot that will supplement the shade provided by the trees in the parking lot 46 depending on how quickly they grow. 47 • Did not start working with Rau and Associates regarding the matter of drainage until later on in 48 the process so drainage did not have an influence on where the building was positioned. 49 50 Commissioner poble: 51 • With respect to pervious pavement, appreciates taking this approach. 52 • Addressed the matter of the curbs in the parking lot and supports possibly lowering the curbs so 53 water can go more into the landscape areas. 54 • Concerned about excavating the parking lot for drainage purposes, disposing of the soil and 55 putting in rock. This can be expensive and difficult to maintain. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 5 1 • Concerned about trees in the planters and having to survive in ground that has been excavated 2 and replaced with rock. It may be the landscape architect can address this. 3 • The downspouts from the roof spill out directly onto the curb and gutter so there is no onsite 4 treatment being provided. Recommended disconnecting and rerouting to the back of the parcel. 5 Also, suggests looking at rerouting the two front downspouts that are connected directly to the 6 City storm drain system into the landscaping. 7 • Proposes a condition be formulated that allows for alternatives to drainage on the site with review 8 and approved by the Public Works and other City Departments. The proposed condition would 9 read, `On plans submitted for the building permit, the downspouts shall be disconnected from the 10 storm drain and shall be directed to landscaped areas and/or retention systems.' 11 12 Don Alameida: 13 • Worked with Civil Engineer Rau about excavating 3 feet down for drainage purposes. The intent 14 is to conduct a perk test on the property in January. Civil Engineer Rau will review the options 15 after this test, one of which would be to use filters to capture contaminants. 16 • Would be amenable to alternatives for addressing drainage on the site. 17 18 Commissioner Brenner: Asked for clarification as to the location on the subject property where it is 19 difficult to provide for a pedestrian pathway across from the 12 parking spaces. 20 21 There was discussion about the property lines for the Social Security property and the UUSD property. 22 23 It was noted the people coming to and from the Social Security building cut across the vacant lot. Without 24 fencing or hedging people will continue to trespass through the UUSD parking lot and out to the street. 25 The applicant has indicated no fence will be constructed between Social Security and the District property 26 other than landscaping. 27 28 There was a discussion about adding a safe pedestrian pathway to the eastern part of the parking lot that 29 extends from the eastern property and connects to the pathway around the building and/or other potential 30 locations and how this can best be safely facilitated. A pedestrian pathway provides for that `campus' feel 31 and benefits everyone. 32 33 It was noted the Zoning Ordinance requires parking lots with 12 or more parking stalls to have defined 34 sidewalks or designated pedestrian facilities within landscaped areas and/or separated from automobile 35 travellanes. 36 37 Chair Pruden: Supports the project and the application of Low Impact Development (LID)for the parking 38 lot for storm water management on the site. The City Public Works Department is very familiar with this 39 approach. 40 41 Don Alameida will review this approach with Rau and Associates. 42 43 Chair Pruden: 44 • Supports installing a stop sign where the parking lot accesses the access easement at the south 45 side of the site. Is of the opinion a stop sign is necessary in this location. 46 • Is very pleased with the overall landscape plan and variety of vegetative species chosen. 47 • Noted, however, the Desert Willow, is not a good fit for the parking lot. The Desert Willow is not 48 common in Ukiah. 49 • It is necessary to provide trees species for the parking lot that comply with the 50% shade 50 coverage requirement of the Zoning Code within 15 years of planting or at maturity, noting that 51 past projects subject to the shade requirement have not been able to provide the 50% shade 52 coverage within the 10-year timeframe. With this, is of the opinion the Desert Willow or Crape 53 Myrtle will not achieve the necessary shade coverage and recommended alternative plant and 54 tree species and this is a concern. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 6 1 • Recommends on the south side of the building including the Pistache like those on the other side 2 of the lane so they match and create a nice presentation at the driveway. 3 • At the northeast corner where the trash/recycling area is located, the contiguous properties have 4 a nice Redwood grove and would like to see Redwoods in this corner to grow along with the other 5 Redwoods. 6 • Supports Scarlet Oak and Red Maple which do very well as street trees. 7 • The irrigation drip systems in this community never run long enough to sustain plants. 8 Recommends using a pop-up spray-head and/or bubble to assist with irrigation for this project 9 since it would provide better water delivery to plants. 10 • There are some very exotic plants chosen for the landscaping some of which are unfamiliar to 11 this area. 12 • It may be necessary to make a substitution of plants for some of the species chosen. 13 • Noted Mr. McGourty has worked long and hard with regard to landscaping in this community so 14 that the species chosen for projects are adaptive, hardy, drought tolerant, and pleasing to the 15 eye. 16 • Noted the importance of choosing large aggressive trees that provide the necessary shade 17 canopy on the parking lot whereby the Crape Myrtle and Desert Willow will not achieve that 18 effect. Crape Myrtle can be used as a large shrub without any problem in our climate. The Desert 19 Willow is also classified as a shrub or a very small tree and can be used as such. 20 21 Glenn McGourty, Landscape Designer: 22 • Referred to the landscaping Plan regarding the layout and identification of the vegetative species 23 selected for the project. 24 • With regard to landscaping likes variety, color, and plants that are drought tolerant for water 25 conservation purposes and easy to grow that fill in readily and bloom. 26 • The plant species selected for the project is what he considers `appropriate horticulture' in that 27 they are accommodating to humming birds, bees, by creating pollen and in other ways that 28 benefit the environment. 29 • Likes Redwoods in forests but not for this project because they can be potentially dangerous as 30 they get big. 31 • The Scarlet Oak is certainly very dramatic and striking when it gets older. Approves of Red 32 Maples trees. 33 • Explained the irrigation system and methodology. 34 • The idea with regard to his choice of landscaping was to take advantage of having plants that 35 bloom throughout the different seasons. 36 • Strongly supports having trees that provide shade in parking lots. 37 • Is amenable to making certain the trees chosen for the parking lot are appropriate. 38 39 Don Alameida: A monitor is proposed for the water irrigation systems that will be mounted with the light 40 bulbs in the landscaping areas to measure the amount of precipitation. The intent is to water when it is 41 necessary. 42 43 Commissioner poble: With the plans for construction of the parking lot has consideration been given as 44 to how this works with the trees since the condition of the soil is important for growth. It appears the 45 proposed rock in conjunction with compaction and other parking lot preparatory measures would not be 46 good for the trees in terms of getting the proper moisture/water to grow. 47 48 Glenn McGourty: Drainage systems can be constructed so that water will drain into the landscaping 49 and/or planter areas. People often drive over landscaping so measures have to be taken to provide for 50 permeable barriers where possible and/or other measures for landscaping in beds having a 51 design/technique to make certain landscaping surrounded by barriers gets sufficient water. 52 53 Don Alameida: Acknowledged the Storm Water Management Plan for the project is very important and 54 he will be meeting with Civil Engineer Rau and Associates about drainage and associated landscaping in 55 January concerning the results of the perk test. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 7 1 2 Commissioner Brenner: Asked about the design alterations recommended by the DRB relevant to the 3 project. 4 5 Don Alameida: The DRB made the following comments: 6 • Modify the design on the southern elevation to provide for additional solar panels. 7 • Allow for 18 to 24 inch overhangs on the pitched roof portions that extend outward 3 feet. With 8 this suggestion, was able to modify the design and incorporate six overhangs on the south 9 elevation as well as increase the overhang for Board room from 2 feet to 3 feet that will provide 10 for more coverage. With this, enlarged the canopies for the entrance. 11 • Provide for more open space areas near the paved area and/or entrance. 12 13 Commissioner Brenner: 14 • The proposed stair tower will get hot and may want to consider lessening some of the glazing. 15 • Consider extending the screening overhangs for the windows to provide additional shading. 16 17 Don Alameida: 18 • Will include some vertical shading in this stair tower location. As a backup solution, fans will be 19 installed in the stairwell. 20 21 Chair Pruden: 22 • The DRB initially was concerned with the proposed wood trellis in terms of deterioration overtime 23 and approved of wooden trellis provided the wood was of quality and questioned whether or not 24 wood is still proposed for the trellis. 25 • Inquired who will performance the maintenance on the property. 26 27 Don Alameida: 28 • Plans to continue with the wood trellis. The wood will be cedar, which is durable and of high 29 quality. The trellis will be removable so the material can always be replaced. 30 31 Glenn McGourty: 32 • The landscaping was designed to be low maintenance. The school district maintenance persons 33 are qualified enough to perform whatever maintenance is necessary. 34 • May do some of the pruning from time to time myself. 35 36 PUBLIC HEARING CLOSED: 7:24 p.m. 37 38 Commission: 39 • Likes/approves of the project. 40 • Encourages applicant to work with engineers on the Storm Water Management/Treatment Plan. 41 • To provide for a pedestrian access, it may be necessary to eliminate a section of landscaping or 42 remove a parking space. The narrowing of a parking space will not adequately accomplish this. 43 • Supports using more native plans for the landscaping. 44 • The architecture is interesting and the building will be an important amenity to the community and 45 certainly for Orchard Avenue. 46 • Looked at the color scheme and materials proposed. Recommends the color pallet be the darker 47 color for the body color of the building. 48 • Is of the opinion the development code does not allow for reflective/mirrored glass. 49 • Would like LID where feasible in parking lot. 50 51 Staff: Noted reflective mirrored glass is not allowed in the Draft Downtown Zoning Code which does not 52 apply to this project. There is no prohibition in the zoning ordinance that applies to this project. If the 53 Commission has an interest this would have to be made a project condition. 54 55 Don Alameida: Clarified the project does not provide for reflective/mirrored glass. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 8 1 There was discussion about the bench. Staff noted Condition of Approval 3(b) states specification details 2 of the proposed bench are subject to staff review and approval. 3 4 Discussion and Commission consensus: 5 6 Commission is pleased the project is providing landscaping that environmental benefits hummingbirds 7 and bees. 8 There were no questions or concerns regarding the conclusions for project compatibility and design. 9 10 The shade coverage requirement in the Zoning Ordinance will have to be revised because as such a tree 11 canopy coverage of 50% overall paved areas within 10 years of planting is not occurring for projects. It is 12 between 10 and 15 years that trees in parking lots are able to be seen, nearly doubling in size. Other 13 cities such as the City of Davis use this standard. The City of Davis has a similar climate. Acknowledged 14 as a mitigation measure the building does provide quite a bit of shade to the northern portion of the 15 parking lot. Regardless, it is important the parking lot trees provide the 50% shade canopy that appears 16 more likely to occur using the 15-year shade canopy calculation as opposed to the 10-year calculation. 17 The reason for the modification is the 50% shade canopy requirement cannot be achieved in 10 years 18 looking at past projects. Using the 15-year shade canopy would allow the City to be more consistent with 19 other cities. 20 21 Staff: What will occur is that in the Findings it will be noted the Planning Commission is making a 22 modification to the requirement. There is no specific finding the Planning Commission has to make in this 23 regard. Staff would like some direction why a 15-year shade coverage approach should be used when 24 calculating shade coverage for parking lots as the modification to the Zoning Ordinance requirement. 25 26 Agrees with staff's analysis that the project is consistent with the findings made for a Site Development 27 Permit. 28 29 30 Planning Commission Additional Conditions of Approval: 31 32 Staff: The following would be shown on building permit plans and subject to staff review and approval: 33 34 1. The downspouts shall be disconnected from the storm drain and shall be directed to landscaped 35 areas and/or retention systems. 36 2. Install a stop sign where the parking lot access intersects with the access easement at the south 37 side of the site to be shown on the building permit plans. The approved signage shall be installed 38 prior to building occupancy, building permit final or issuance of certificate of occupancy whichever 39 comes first. The intent is to reduce any potential conflict for vehicles entering the access 40 easement from the project site with vehicles in the access easement. 41 3. Remove the Crape Myrtle and Desert Willow as shown on the tree list shall from the tree list and 42 moved to the shrub list. The use of Crape Myrtle and Desert Willow as shrubs in the revised 43 landscaping plan is at the discretion of the landscape designer. 44 4. Remove the Crape Myrtle and Desert Willow from the tree list and substituted with such species 45 as Scarlet Oak, Red Maple, Magnolia, Lindens, Chinese Tallow, London Plane, Pistache, 46 Hackberry. The substitution is at the discretion of the landscape architect and must provide 50% 47 shade coverage within 15 years of planting. 48 5. Add a pedestrian pathway to the eastern part of the parking lot that extends from the eastern 49 property line and connects to the pathway around the building. 50 51 According to staff, to accommodate the pedestrian pathway, one parking space can be removed 52 replaced with 5 additional bike racks as allowed by the Zoning Ordinance and/or parking stalls 53 can be revised to include the maximum number of compact parking spaces allowed by the Zoning 54 Ordinance. The option of bike spaces and/or compact parking spaces is at the discretion of the 55 applicant subject to consistency with Zoning Ordinance requirements. 56 MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 9 1 6. Plans for the building permit may include alternative designs for the storm water treatment system 2 provided they are reviewed by City staff. The treatment program should conform to the applicable 3 agencies involved. Emphasized the need to use Low Impact Development(LID)where feasible. 4 7. The color pallet shall be the darker color of the body color of the building. 5 6 There was discussion about Condition of Approval No. 3(e)that states, 'The maximum number of persons 7 allowed on the site based on the B-2 Airport Zone Compatibility requirements shall be posted on the site' 8 ties in with Condition of Approval No. 6, that states, 'Based on the requirements for the criteria for the B2 9 Airport Compatibility Zone Infill Policy, the number of persons for the site is limited to 69.' 10 11 Commission added subsection `e' to Condition of Approval 3 that reads, `The maximum number of 12 persons allowed on the site based on the B2 Airport Zone Compatibility requirement (See condition of 13 Approval#6)shall be posted on the site.' 14 15 8. The circulation of the parking lot will be for two-way traffic. The striping for the two-way circulation 16 pattern will be shown on the building permit plans and will clearly indicate the circulation pattern 17 for users of the parking lot. The intent is to provide more circulation options for users of the 18 parking lot in order to alleviate any potential stacking of vehicles at the access easement and 19 access at Orchard Avenue. 20 21 Planning Commission modification to Findings: 22 23 1. Planning Commission will grant the requested landscaping modification from the Zoning 24 Ordinance section 9087 (C)(1)(e) that requires a tree canopy coverage of 50% overall paved 25 areas within 10 years of planting because based on staff research communities that have shade 26 ordinance most commonly use a 15-year tree canopy when calculating shade coverage. 27 The City of Davis standard is an appropriate standard to use since the City of Davis has a climate 28 similar to Ukiah's. The tree canopy will double in size between 10 years and 15 years making the 29 15-year standard a more reasonable standard for calculating shade coverage. 30 Past projects have not been able to provide the 50% shade coverage within 15 years of planting 31 at maturity. 32 33 Staff indicated the Planning Commission needs to address the requested landscaping modification that 34 one linear planter with a tree must be planted every four parking spaces since there is a request for 5 35 parking spaces on the north side of the building without a tree. Specifically what is occurring is on one 36 side of the building there are 5 parking spaces in a row and a linear tree planter and then 3 parking 37 spaces with two planter strips with a tree. Even though technically 4 parking spaces are provided, they do 38 not comply with the Zoning Ordinance of providing a tree per every 4 parking spaces for parking lots with 39 12 or more parking stalls. 40 41 2. Planning Commission will grant the requested landscaping modification from Zoning Ordinance 42 section 9087(C)(1)(e) that requires parking lots with 12 or more parking stalls to have a tree 43 placed between every four parking stalls within a continuous linear planting strip rather than in 44 individual planting wells unless clearly infeasible since the parking on the north side of the 45 building has 5 parking spaces with a linear tree planter followed by 3 parking spaces with two 46 planter strips with a tree. This would average to one linear planter with a tree per every 4 parking 47 spaces which is consistent with the intent of the requirement. 48 49 Staff advised the Planning Commission must make a finding stating the Planning Commission will not 50 grant the landscaping modification from the Zoning Ordinance that states a parking lot with 12 or more 51 parking stalls shall have a defined pedestrian sidewalk or marked pedestrian facilities within the 52 landscaped areas since the Commission supports having a pedestrian pathway on the eastern portion of 53 the parking lot that connects to the sidewalk provided on the east and south sides of the building. 54 Historically there has been pedestrian access through the project side from the existing Social Security 55 building to the public sidewalk on Orchard Avenue. 56 MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 10 1 3. Planning Commission will not grant the requested landscaping modification from the Zoning 2 Ordinance section 9087(C)(1)(g) that states `parking lots with 12 or more parking stalls shall 3 have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or 4 separated from automobile traffic lanes' because A) providing pedestrian access through the 5 eastern portion of the site would provide a safe path of travel for pedestrians using the eastern 6 portion of the parking lot and connects to the sidewalk provided on the east and south sides of 7 the building, B) historically there has been pedestrian access through the project site from the 8 existing Social Security building to the public sidewalk on Orchard Avenue such that providing a 9 pedestrian pathway that extends from the east property line and connects to the building will 10 continue that connection and direct persons to a designated and marked walkway rather than 11 cutting through the parking lot and C) providing the path across the eastern portion of the site 12 starting at the east property line and connecting to the pathways around the building will help to 13 keep the landscaping from being damaged by having a pathway for people to use. 14 15 M/S Whetzel/Brenner to approve Major Site Development Permit File No. 11-09-SDP-PC with Findings 16 1-16 as discussed and referenced above. Motion carried (5-0). 17 18 M/S Doble/Whetzel to approve Major Site Development Permit File No. 11-09-SDP-PC with Conditions 19 of approval as provided for in Attachment 2 with 8 additional conditions of approval made by the Planning 20 Commission and the addition of subsection `e' to Condition of Approval No. 3 to be renumbered/revised 21 as necessary and as discussed and referenced above. Motion carried (5-0). 22 23 SITE DEVELOPMENT FINDINGS TO ALLOW 24 A 13,800 SQUARE FOOT OFFICE BUILDING WITH ASSOCIATED SITE IMPROVEMENTS TO BE 25 LOCATED AT 511 SOUTH ORCHARD AVENUE, APN 002-340-45 26 27 The following findings are supported by and based on information contained in this staff report, the 28 application materials and documentation, and the public record. 29 30 1. See"General Plan" under staff analysis above. 31 32 2. The proposed project, as conditioned, is consistent with the uses allowed in the C-1 Community 33 Commercial zoning district pursuant to Section 9081 which allows profession office uses. 34 35 3. The proposed project, as conditioned, is consistent with the development standards of the 36 Community Commercial (C-1) zoning district in that the proposed project is consistent with the 37 height and setback requirements of the district. 38 39 4. The zoning ordinance parking standards require 46 vehicle parking spaces and five (5) bicycle 40 spaces as noted in the staff report. Based on the plans submitted, date stamped November 15, 41 2011; 46 vehicle spaces including two accessible spaces and six (6) bicycle spaces are shown 42 therefore the project is consistent with parking standards. 43 44 5. The proposed project, as conditioned is consistent with the criteria of the Airport Master Plan In- 45 fill policy based on the following: 46 47 A. The project is similar in intensity and use to that of surrounding already exiting uses. 48 B. The non- residential use will not exceed 90 people per acre. A condition of approval has 49 been added that requires that the density of the site not exceed 69 people. 50 51 6. The proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic 52 pattern based on the following: 53 MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 11 1 A. The project is located on a vacant infill site that fronts onto Orchard Avenue. The project site 2 is located in an area that is surrounded by existing commercial and professional office uses. 3 There is an existing public sidewalk along the front of the site and an existing access 4 easement for the rear properties. The proposed project will not change these existing 5 conditions. 6 B. A new driveway will be created to the north of the existing easement to provide access to the 7 subject parcel. The new driveway will not create a hazard for existing circulation in fact it will 8 make the flow for the project site more convenient. 9 C. A pedestrian pathway from the existing public sidewalk has been included to create a clear 10 and safe pedestrian circulation pattern. 11 D. The size and intensity of the project is similar to the surrounding commercial properties. The 12 proposed building will be located towards the front of the parcel with some of the parking in 13 the rear. Having the building with associated parking closer to the public right-of-way rather 14 than a whole row of parking will create a more pleasant experience for pedestrians. 15 16 7. The accessibility of off-street parking areas and the relations of parking areas with respect to 17 traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or 18 surrounding uses based on the following. 19 20 A. Off-street parking would be accessed from a new driveway curbcut off of South Orchard 21 Avenue. The cars will enter the site from the new driveway curbcut and exit the site from a 22 new driveway that would connect with the existing easement that connects to South Orchard. 23 B. The project including the new driveway was reviewed by the Public Works Department and it 24 was determined that it would not create a hazardous condition further it was determined that 25 a traffic study was not required. 26 27 8. Sufficient landscaped area have been reserved for purposed of separating or screening the 28 proposed structure (s) from the street and adjoin building sites, and breaking up and screening 29 large expanses of paved areas based on the following: 30 31 A. Landscaping is proposed along all property lines of the project site furthermore the project is 32 required to comply with the landscaping requirements of the C-1 Zone The project is 33 generally consistent with these requirements however the applicant has requested a 34 modification to the shade requirement. 35 36 9. The proposed development will not restrict of cut out light and air on the property, or on the 37 property in the neighborhood; nor will it hinder the development or use of the buildings in the 38 neighborhood or impair the value thereof based on the following. 39 40 A. The surrounding properties are already developed. The proposed building would be located 41 in the front southwest corner therefore maintaining separation between the new building and 42 the existing development on the adjacent properties. 43 B. The project is appropriately designed as required by C-1 zone development standards. The 44 project has been reviewed by the Design Review Board and requires Planning Commission 45 approval. This process ensures a quality project that would not impair the value to properties 46 or development. 47 48 10. The site is not located in or adjacent to a residential zoning district. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 12 1 2 11. The proposed development will not excessively damage or destroy natural features, including 3 trees, shrubs, creek and the natural grade of the site because there are no water courses, 4 wildlife, wildlife habitat or other environmentally sensitive areas on the project site. Furthermore 5 the site is located in a commercial business area that is surrounded by developed lots. 6 7 12. There is sufficient variety, creativity, and articulation in the design of the structure. Architectural 8 Features include, various roof pitched to break up the mass of the building, trellis along the 9 building walls, cool roof and stone veneer. Furthermore the project was reviewed by the Design 10 Review Board. 11 12 13. The proposed project is exempt from the provisions of CEQA pursuant to CEQA Guidelines 13 Section 15332, Class 32 which consists of projects characterizes as in-fill developments based 14 on the following : 15 16 A. The project is consistent with the Commercial general plan designation and all applicable 17 general plan policies as well as with the Community Commercial zoning designation and 18 regulations based on the analysis in the staff report. 19 B. The proposed project is within city limits on a project site of 33,684 square feet which is less 20 than five acres and is substantially surrounded by urban uses such as professional offices, 21 commercial uses and motels. 22 C. The project site is vacant and has no value as habitat for endangered, rare or threatened 23 species. The site contains no trees, water courses, or habitat and is located in an area 24 developed with urban uses. 25 D. Approval of the project would not result in any significant effects in relations to traffic, noise, 26 air quality, or water quality because the project site located within a developed urban area 27 that contains existing similar type uses. 28 E. Based on review of the project by Public Works, the Electric Department, Police Department 29 and Fire Marshal, the site can be adequately served by all required utilities and public 30 services. 31 32 Landscapinq Modification Findinqs From the Planninq Commission 33 34 14. The Planning Commission granted the requested landscaping modification from Zoning 35 Ordinance section 9087(C)(1)(e) that requires a "tree canopy coverage of 50% over all paved 36 areas within 10 years of planting" based on the following: 37 38 A. Based on staff research, communities that have a shade ordinance most commonly use a 15 39 year tree canopy when calculating shade coverage. Staff was unable to find another 40 community that used a 10 year canopy for the purpose of calculating shade coverage. 41 B. The City of Davis standard is an appropriate standard to use since the City of Davis has a 42 climate similar to Ukiah's. 43 C. The tree canopy will typically double in size between 10 years and 15 years, making the 15 44 year standard a more reasonable standard for calculating shade coverage. 45 D. Past projects subject to this shade requirement have not been able to provide the 50% shade 46 coverage within the 10 year time frame, but have been able to provide the 50% shade 47 coverage within 15 years of planting or at maturity. 48 49 15. The Planning Commission granted the requested landscaping modification from Zoning 50 Ordinance section 9087(C)(1)(e) that requires "parking lots with 12 or more parking stalls to have MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 13 1 a tree placed between every four parking stalls within a continuous linear planting strip rather 2 than in individual planting wells, unless clearly infeasible" based on the following: 3 4 A. The parking on the north side of the building has 5 parking spaces with a linear tree planter 5 followed by 3 parking spaces with two planter strips with a tree. This averages to one linear 6 planter with a tree per every four parking spaces (8/2)which is consistent with the intent of 7 this requirement. 8 9 16. The Planning Commission did not grant the requested landscaping modification from Zoning 10 Ordinance section 9087(C)(1)(g) that states a "parking lots with 12 or more parking stalls shall 11 have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or 12 separated from automobile traffic lanes" based on the following: 13 14 A. Providing pedestrian access through the eastern portion of the site would provide a safe path 15 of travel for pedestrians using the eastern portion of the parking lot and connects to the 16 sidewalk provided on the east and south sides of the building. 17 B. Historically there has been pedestrian access through the project site from the existing social 18 security building to the public sidewalk on Orchard Avenue. Providing a pedestrian pathway 19 that extends from the east property line and connects to the building will continue that 20 connection and direct persons to a designated and marked walkway rather than cutting 21 through the parking lot. 22 C. Providing the path across the eastern portion of the site starting at the east property line and 23 connecting to the pathways around the building will help to keep the landscaping from being 24 damaged by creating a pathway for people to use. 25 26 SITE DEVELOPMENT CONDITIONS OF APPROVAL TO ALLOW 27 A 13,800 SQUARE FOOT OFFICE BUILDING WITH ASSOCIATED SITE IMPROVEMENTS TO BE 28 LOCATED AT 511 SOUTH ORCHARD AVENUE, APN 002-340-45 29 30 1. Approval is granted for the 13,800 square foot office building with associated site improvements 31 to be located at 511 South Orchard Avenue as shown on the plans submitted to the Planning 32 Department and date stamped November 15, 2011 except as modified by the following conditions 33 of approval. 34 35 2. On plans submitted for building permit these conditions of approval shall be included as notes on 36 the first sheet. 37 38 3. Plans submitted for building permit shall include the following and are subject to staff review and 39 approval: 40 41 a. Location of bike lockers and manufacturer's specification/details. 42 b. Specification details of proposed bench. 43 c. The sod shown on the landscaping plan shall be changed to a more drought tolerant 44 groundcover. 45 d. Landscaping plan shall show street trees located along Orchard Avenue within 5 feet of the 46 back of sidewalk to provide shade to the sidewalk, subject to review by the City Engineer. 47 e. The maximum number of persons allowed on the site based on the B-2 Airport Zone 48 Compatibility requirements (see condition #6 below) shall be posted on the site and/or 49 building. The signage (size, language, etc.) and location of signage shall be shown on the 50 building permit plans. The signage approved as part of the building permit plans shall be 51 installed prior to building occupancy, building permit final, or issuance of certificate of 52 occupancy, whichever comes first. 53 MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 14 1 4. Signs require application for and approval of a Sign Permit from the Planning and Community 2 Development Department. 3 4 5. Construction hours 7:00 a.m. to 7:00 p.m. Monday through Friday. Saturday 9:00 a.m. to 4:00 5 p.m. Prohibited on Sundays and holidays recognized by the City of Ukiah. Interior construction is 6 exempt from these hours provided that construction noise is not audible from the project property 7 lines. 8 9 6. Based on the requirements of the criteria for the B2 Airport Compatibility Zone In-Fill Policy, the 10 number of persons for the site is limited to 69. 11 12 7. A deed notice shall be recorded to advise that the property is located in close proximity to the 13 Ukiah Municipal Airport and is subject to occasional aircraft overflight and may be subject to 14 aircraft noise or related disturbances. 15 16 From the Planninq Commission 17 18 8. The following shall be included on plans submitted for building permit and are subject to staff 19 review and approval: 20 21 A. A stop sign shall be installed where the parking lot accesses the access easement at the 22 south side of the site and shall be shown on building permit plans The approved signage 23 shall be installed prior to building occupancy, building permit final, or issuance of certificate of 24 occupancy, whichever comes first. The intent of this condition is to reduce any potential 25 conflict for vehicles entering the access easement from the project site with vehicles in the 26 access easement. 27 28 B. The circulation of the parking lot shall be for two way traffic. The striping for the two way 29 circulation pattern shall be shown on building permit plans and shall clearly indicate the 30 circulation pattern for users of the parking lot. The approved striping shall be installed prior to 31 building occupancy, building permit final, or issuance of certificate of occupancy, whichever 32 comes first. The intent of this condition is to provide more circulation options for users of the 33 parking lot in order to alleviate any potential stacking of vehicles at the access easement and 34 access at Orchard Avenue. 35 36 C. On plans submitted for building permit, a pedestrian pathway shall be added to the eastern 37 part of the parking lot that extends from the eastern property line and connects to the 38 pathway around the building. In order to accommodate the pedestrian pathway, one parking 39 space may removed and replaced with five additional bike racks as allowed by the Zoning 40 Ordinance and/or the parking stalls can be revised to include the maximum number of 41 compact spaces allowed by the Zoning Ordinance. The option of bike spaces and/or 42 compact parking spaces is at the discretion of the applicant subject to consistency with 43 Zoning Ordinance requirements. 44 45 D. Plans submitted for building permit may include alternative designs for the storm water 46 treatment system shown on Sheet C1 of the plans provided they are reviewed and approved 47 by the Planning Department, Fire Marshal, and City Engineer, and conforms to the North 48 Coast Regional Water Quality Control Board Water Balance Standards, Low Impact 49 Development and the City of Ukiah's MS4 Program. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 15 1 2 E. On plans submitted for building permit, the downspouts shall be disconnected from the storm 3 drain and shall be directed to landscaped areas and/or retention systems. 4 5 F. On the landscaping plan submitted for building permit, the Crape Myrtle and Desert Willow 6 shown in the tree list shall be removed from the tree list and may be moved to the shrubs list. 7 The use of crape myrtle and desert willow as shrubs in the revised landscaping plan is at the 8 discretion of the landscape designer. 9 10 G. On the landscaping plan submitted for building permit, the crape myrtle and desert willow 11 shall be removed from the tree list and substituted with any of the following species scarlet 12 oak, red maple, magnolia that are known to do well in Ukiah's climate, lindens, Chinese 13 tallow, London plane, pistache, hackberry. The substitution is at the discretion of the 14 landscape architect and must provide 50% shade coverage of paved areas within 15 years of 15 planting. Revised shade shall calculations shall be provided as part of the revised 16 landscaping plan submitted for building permit. 17 18 H. The color pallet shall be the darker color for the body color of the building. The colors shall be 19 noted on plans submitted for building permit and are subject to staff review and approval. 20 21 From the Building Official (David Willouqhby) 22 23 9. A building permit will be required. 24 25 10. Plans and other documents submitted for building permit shall include three (3) sets of a 26 Geotechnical Report. 27 28 From the Fire Marshal (Chuck Yates� 29 30 11. An automatic fire suppression system will be electrically monitored with the fire alarm system, 31 where the number of heads exceeds 20 ( CBS 901.6.1) This includes tamper switch on post 32 indicator valve or O S & Y valve installation and valves on each floor. Monitoring is to be on 33 separate dedicated electrical circuit. A separate permit is required. 34 35 12. Exit lighting and exit illumination shall be installed and maintained accruing to section 1006 of the 36 CBC &CFC. This shall include exit landings as required in 1008.1.5 for exit discharge doorways in 37 buildings required to have two or more exits (CFC 1006.3(5)). 38 39 13. Emergency access keys security boxes are required in buildings with fire sprinkler or fire alarm 40 systems (CFC 506.1). 41 42 14. Sprinkler installation is required for this building; permit fee is $.01 per square foot of area 43 protected or $255.00 minimum. Permit includes plan checking, one site visit for an underground 44 pipe inspection, one system pressure test , and a final inspection and test of the alarm system, 45 46 15. If there is any hot work, cutting, or use of torches or heating devices, the following code sections 47 will be adhered too, in their entirety(CFC 2602.1 and 2604). 48 49 From the Department of Public Works ( Ben Kaqevama ) 50 51 16. The driveway approach onto Orchard Avenue must be ADA compliant. The sidewalk behind the 52 sloped apron should be the same color and texture as the street sidewalk to better define the 53 path of travel for pedestrians, not stamped concrete as proposed. 54 55 17. A drainage easement shall be required from the Social Security building property to the UUSD, 56 and must be recorded prior to final building permit approval MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 16 1 18. Street trees shall be spaced approximately every 30'. Street tress shall be installed in 2 accordance with City Standard Drawing No 601. The street trees proposed near the Orchard 3 Avenue driveway are shown 8 to 11 feet from the back of sidewalk. Street trees shall be within 5 4 feet of the back of sidewalk to provide shade to the sidewalk, subject to review by the City 5 Engineer. 6 7 19. Any existing curb, gutter and sidewalk in disrepair that is adjacent to the parcel shall be repaired. 8 All work shall be done in conformance with the City of Ukiah Standard Drawing 101 and 102 or as 9 directed by the City Engineer. 10 11 20. Storm drain inlet filters shall be installed and maintained in all on-site storm drain inlets with 12 paved areas 13 14 21. Prior to issuance of the building permit, final improvements plans including a detailed erosion 15 control plan, shall be required, to the satisfaction of the City Engineer. 16 17 22. Fees applicable to the proposed project include the South Orchard Avenue Traffic Signalization 18 Fees (Resolution 90-47) and the South Orchard Avenue Storm Drain Improvement Fees 19 (Resolution 89-36A) both of which must be paid prior to issuance of a building permit. Preliminary 20 estimates for these fees are as follows: Traffic Signalization: $11,748: Storm Drain $2,687 21 (subject to verification; based on current inflation factors). 22 23 23. All work within the public right-of-way shall be performed by a licensed and properly insured 24 contractor. The contractor shall obtain an encroachment permit for work within this area or 25 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated 26 construction costs. 27 28 24. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and tested 29 and replaced if required. If an existing lateral is to be abandoned, it shall be abandoned at the 30 main to the satisfaction of the Public Works Department. 31 32 25. Applicable Ukiah Valley Sanitation District sewer connection fees shall be paid at the time of 33 building permit issuance. 34 35 26. Capital Improvement fees for water service based on the water meter size. A fee schedule for 36 water meter sizes is available upon request. Additionally, there is a cost for City crews to 37 construct the water main taps for the proposed water services to serve the project. 38 39 27. All irrigation and fire services shall have approved backflow devices. 40 41 Standard Citv Requirement 42 43 1. The property owner shall obtain and maintain any permit or approval required by law, regulation, 44 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as 45 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and 46 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved 47 and issued. 48 49 2. All conditions of approval that do not contain specific completion periods shall be completed prior 50 to building permit final. 51 52 3. Building, Grading or other required Permits shall be issued within two years after the effective 53 date of the Site Development Permit, or the discretionary actions granted by the permit shall 54 expire. In the event the required Permits cannot be issued within the stipulated period from the 55 project approval date, a one year extension may be granted by the Director of Planning if no new 56 circumstances affect the project which otherwise would render the original approval inappropriate MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 17 1 or illegal. It is the applicanYs responsibility in such cases to propose the one-year extension to 2 the Planning Department prior to the two-year expiration date. 3 4 4. Except as otherwise specifically noted, the Site Development Permit shall be granted only for the 5 specific purposes stated in the action approving the Site Development Permit and shall not be 6 construed as eliminating or modifying any building, use, or zone requirements except to such 7 specific purposes. 8 9 5. The approved Site Development Permit may be revoked through the City's revocation process if 10 the approved project related to the Site Development Permit is not being conducted in 11 compliance with the stipulations and conditions of approval; or if the project is not established 12 within two years of the effective date of approval; or if the established land use for which the 13 permit was granted has ceased or has been suspended for twenty four(24) consecutive months. 14 15 6. No permit or entitlement shall be deemed effective unless and until all fees and charges 16 applicable to this application and these conditions of approval have been paid in full. 17 18 7. All required landscaping shall be properly maintained to insure the long-term health and vitality of 19 the plants, shrubs and trees. Proper maintenance means, but is not limited to the following: 20 21 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate 22 according to the season, i. e., more water in summer, less in the winter. 23 B. Additional watering shall occur during long periods of severe heat and drying winds, and 24 reduced watering shall be used during extended periods of cool rainy weather. 25 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic fertilizer 26 according to the recommendations of a landscaping professional. 27 D. Weed killers shall not be used on or near trees. 28 E. The tree ties and stakes shall be checked every six months to ensure they do not constrict 29 the trunks and damage the trees. 30 F. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not damage the 31 trunk of the tree and its overall growth. 32 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including vandalism, 33 shall be replaced with the same or similar tree species, or an alternative species approved by 34 the department of Planning and Community Development. 35 H. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All pruning 36 shall follow standard industry methods and techniques to ensure the health and vitality of the 37 tree. 38 39 8. Failure to comply with the requirements listed above could result in revocation of the Use 40 PermiUSite Development Permit. 41 42 A. The project shall comply with the following requirements to reduce air quality impacts related 43 to project construction: 44 B. All grading shall comply with Mendocino County Air Quality Management District Rule 1-430, 45 Fugitive Dust Emissions. 46 C. All activities involving site preparation, excavation, filling, grading, road construction, and 47 building construction institute a practice of routinely watering exposed soil to control dust, 48 particularly during windy days. 49 D. All inactive soil piles on the project site shall be completely covered at all times to control 50 fugitive dust. MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 18 1 E. All activities involving site preparation, excavation, filling, grading, and actual construction 2 shall include a program of washing off trucks leaving the construction site to control the 3 transport of mud and dust onto public streets. 4 F. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall 5 be used for earth moving operations. 6 G. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous 7 gusts)exceed 25 miles per hour. 8 H. Adjacent roadways exposed to dust, dirt, or other soil particles by vehicles tires, poorly 9 covered truck loads, or other construction activities shall be cleaned each day prior to the end 10 of construction activities using methods approved by the Director of Public Works/City 11 Engineer. 12 9. This approval is contingent upon agreement of the applicant and property owner and their agents, 13 successors and heirs to defend, indemnify, release and hold harmless the City, its agents, 14 officers, attorneys, employees, boards and commissions from any claim, action or proceeding 15 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set 16 aside, void or annul the approval of this application. This indemnification shall include, but not be 17 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted 18 by any person or entity, including the applicant, arising out of or in connection with the City's 19 action on this application, whether or not there is concurrent passive or active negligence on the 20 part of the City. If, for any reason any portion of this indemnification agreement is held to be void 21 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall 22 remain in full force and effect. 23 24 10. PLANNING DIRECTOR'S REPORT 25 Senior Planner Jordan: Noted the EIR for the Walmart Expansion Project has been appealed. The 26 matter will now go to City Council for review and approval. 27 28 11. PLANNING COMMISSIONERS' REPORT 29 Commissioner Sanders: 30 The City Master Tree list is very close to going to Council for adoption. 31 32 Commission Whetzel: 33 Public constituents have been asking about the color on the Ukiah Natural Foods building and whether or 34 not the project was reviewed. 35 36 Staff: There is no City code requirement with regard to paint unless the project is requesting Fa�ade 37 Improvement grant funding. 38 39 Chair Pruden reported on Christmas programs that will be happening in the community. 40 41 12. ADJOURNMENT 42 43 There being no further business, the meeting adjourned at 8:36 p.m. 44 45 46 Cathy Elawadly, Recording Secretary 47 MINUTES OF THE PLANNING COMMISSION December 20, 2011 Page 19