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HomeMy WebLinkAboutpcm_02102010 1 CITY OF UKIAH PLANNING COMMISSION 2 February 10, 2010 3 Minutes 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Anne Molgaard, Vice Chair Judy Pruden, Chair 7 Linda Helland 8 Linda Sanders 9 Mike Whetzel 10 11 STAFF PRESENT OTHERS PRESENT 12 Charley Stump, Planning Director Listed below, Respectively 13 Kim Jordan, Senior Planner 14 Cathy Elawadly, Recording Secretary 15 Rick Seanor, Deputy Director of Public Works 16 17 1. CALL TO ORDER 18 The regular meeting of the City of Ukiah Planning Commission was called to order by 19 Vice-Chair Molgaard at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary 20 Avenue, Ukiah, California. 21 22 2. ROLL CALL 23 24 3. PLEDGE OF ALLEGIANCE 25 26 4. SITE VISIT VERIFICATION. Confirmed for agenda item 9A. 27 28 5. APPROVAL OF MINUTES—January 27, 2010 29 M/S Sanders/Whetzel to approve January 27, 2010 minutes, as submitted. Commissioner 30 Helland abstaining. Motion carried (3-0). 31 32 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS None. 33 34 7. APPEAL PROCESS. Vice-Chair Molgaard read the appeal process. For matters heard at 35 this meeting, the final date for appeal is February 22, 2010. 36 37 8. VERIFICATION OF NOTICE. Item 9A was properly noticed in accordance with the UMC. 38 39 9. PUBLIC HEARING 40 9A. Guillon Retail Building Use Permit No. 09-31-UP-PC. Review and possible adoption of a 41 Mitigated Negative Declaration for the Guillon Retail Building Use Permit at 1230 Airport Park 42 Boulevard. Should the Planning Commission adopt the Mitigated Negative Declaration, the 43 Commission would consider the request for approval of a Major Use Permit to allow the 44 construction of new 16,005 square foot retail building and associated site improvements in 45 the Redwood Business Park, 1230 Airport Park Boulevard, APN 180-080-25. 46 47 Staff presented the staff report and provided modified language for revised Attachment 1 48 Supplemental Hydrology and Water Quality Mitigation Measures mitigation condition#1 and #5. 49 50 Measure/Condition 1: End of sentence, add language `or as modified with approval of the City 51 Attorney.' 52 Measure/Condition 5: Second sentence, strike 'prohibiY and replace with 'prevent.' 53 54 55 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 1 1 Questions of staff: 2 1. Are the site plans/design aspects essentially the same as discussed/recommended at the 3 preliminary review of the project last September other than possible changes to the landscaping 4 species? 5 6 2. How many trees are proposed for the perimeter and interior/street frontage and parking areas for 7 the site? 8 9 3. How will the proposed continuous meandering pedestrian sidewalk along the project frontage of 10 Airport Park Boulevard work in terms of allowing for sufficient room for parking and landscaping 11 and still provide for the safety of pedestrians? Has there been thought given to planting additional 12 trees on both sides of the sidewalk that fronts on Airport Park Boulevard? 13 14 4. Asked how the number of parking spaces was determined (page 6 of the staff report) taking into 15 consideration the Sears building, potential and remain space for other tenant uses and the 16 possible development of the front parcel. 17 18 5. How will the ADA ramp be accommodated in terms of accessibility and safety for pedestrians 19 walking to the building? 20 21 Staff response: 22 1. Confirmed the site plans are generally the same as initially recommended by the Design Review 23 Board and as discussed at the Planning Commission preliminary review of the project except for 24 some changes to the landscaping. 25 26 2. Referred to the landscaping plans (Sheet L-1)that show approximately 35 trees. 27 28 3. Airport Industrial Park Ordinance 1098 requires the sidewalk to be a minimum width of 5-feet and 29 the meander. The exact location of the sidewalk and trees is usually determined at the time of 30 building permit submittal and is adjusted to account for field conditions-such as the location of 31 utilities and vaults, adequate space for trees, etc. If the Commission would like additional trees or 32 different trees, please provide direction to staff. 33 34 4. The unidentified tenant space was parked at the most restrictive parking ratio and the Sears 35 building as proposed with a mix of retail and "warehouse space."The intent is to ensure that there 36 is adequate parking on the site to allow for future occupancy of the vacant tenant space. The 37 building requires 53 parking spaces and the project provides 56. This allows for some flexibility 38 with the Sears space and could allow the conversion of part of the warehouse space to office or 39 retail. 40 41 The area identified as Phase 2 on the plans is not included as part of this project. Staff required 42 the applicant to provide a conceptual plan to demonstrate that a building and associated parking 43 and landscaping could be built in this location. Any development proposed in this location would 44 be subject to Planning Commission review and approval of a Site Development Permit or Use 45 Permit. 46 47 5. During the preliminary review of the project there was discussion whether there should be a 48 separate designated pathway to accommodate the ADA ramp so that persons would not have to 49 walk between vehicles or be able to use the accessible pathway. People will be able to walk from 50 the sidewalk on Airport Park Boulevard along the pathway shown on the site plan running from 51 east to west and then along the striped pathway to the building. 52 53 Questions of Applicant: 54 ■ How will the building footprint and design sustain energy efficiency and provide for 55 appropriate solar orientation? 56 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 2 1 ■ There was discussion at the preliminary review of the project about lighting. Will light tubes 2 be used in the warehouse area? 3 4 ■ Will the meandering sidewalk be the standard five-foot width with no impediments? 5 6 ■ Will the same energy efficiency/solar orientation proposed for the Sears building carry over to 7 the unidentified tenants that would occupy the remaining portion of the building? The 8 Commission pointed out the California Building Code is quite good with specifying/addressing 9 the matter of`daylighting' in conjunction with encouraging energy efficiency and effective use 10 of lighting systems. 11 12 PUBLIC HEARING OPEN: 6:22 p.m. 13 Steve Honeycutt, applicant: 14 ■ Has no problem placing the trees in a staggered fashion to work in conjunction with the 15 meandering sidewalk. Providing sufficient shade is the primary objective, the pedestrian 16 pathway should always be visible for safety purposes. 17 ■ Most of the shade throughout the day should likely occur on the westside of the sidewalk. 18 Would be amenable to planting trees on both sides of the meandering pathway. 19 ■ Is open to the use of solar panels and provide for other energy efficient features. The style 20 and placement of the windows is of key importance for energy efficiency and aesthetic 21 purposes. The east side of the building would be an excellent location to provide for energy 22 efficient features. The backside of the building located to the west will be blank having no 23 windows so as not to absorb summer heat. 24 ■ Sky lights will be used for the Sears warehouse area. The sales area will have a T-bar 25 suspended ceiling and will feature solar tubes. 26 ■ There are no lighting system/solar orientation plans for the vacant tenant space to the south 27 since the tenants are not known, the lighting system has not been designed and would be 28 designed to meet the needs to the specific tenant. 29 ■ The transformer has been moved from the parking lot area to the rear of the site. 30 31 Staff: Planning Commission may not see the plans for the vacant tenant spaces if the use is an 32 allowed use. Since this is the case, the best approach to achieving daylighting in these spaces would 33 be to require daylighting to be used where feasible in these tenant spaces and to be shown on the 34 building permit plans for these tenant spaces subject to Planning review and approval. 35 36 Commission: 37 ■ Recommended adding a condition to ensure the use of sky lights and solar tubes as shown in 38 the building plans for the Sears building warehouse and showroom areas. 39 ■ Consensus that future tenants use daylighting through the use of skylights and/or solar tubes 40 where feasible and compliance would be determined by Planning staff as part of the building 41 permit review. 42 ■ Recalled a discussion with the DRB where concern was expressed regarding the ADA ramp 43 and for the safety of pedestrians having to walk between vehicles. Two ADA accessible 44 ramps have been provided in the site plans, retaining the one on the north that is tied to the 45 path of travel and one has been added for potential tenants operating to the south that will 46 connect with a pathway from the parking area in this location. 47 ■ Asked with regard to the contamination issue (page 21 of the Environmental Study, Hazards 48 & Hazardous Material, 7D), does Deputy Public Works Director Seanor agree the box should 49 be checked `No Impact.' 50 51 Deputy Public Works Director Seanor: Identified the type of contaminant being monitored and 52 agreed with Planning staff's analysis there is 'no impacY and referred to the five revised mitigation 53 measures on pages 6 and 7of the monitoring report dated 2/8/10. 54 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 3 1 Gary Ackerstrom: Addressed the discussion whether Interior Live Oak trees planted in close 2 proximity could damage the retaining wall and elaborated on tree species that do damage sidewalks 3 and the like noting trees must have sufficient space in order to successfully mature. 4 5 PUBLIC HEARING CLOSED: 7:45 p.m. 6 7 Commission discussion of the Use Permit: 8 Landscapinq —recommended revisions: (Sheet L-1) 9 A. Replace the dogwood trees and London plane trees in the parking lot with Chinese pistache. 10 B. Replace the cork oak at the rear of the building (west property line)with interior live oak. 11 C. Replace the six (6)trees shown at the front of the site along Airport Park Boulevard with three 12 (3) cork oak and three (3) California black oak. 13 D. Remove the star jasmine. 14 E. Add ceanothus (minimum 5 gallon size)and California poppy. 15 F. Revise the irrigation plan as needed for items 13A-13E above. 16 17 Staff response: 18 The Final Landscape plan submitted as part of the building permit plans will reflect changes 19 made/recommended by the Commission. 20 21 M/S Whetzel/Helland to approve Mitigated Negative Declaration with the revised/additional Mitigation 22 Measures/Monitoring Report discussed and as prepared by staff and with the text corrections so 23 noted for the Guillon Retail Building Use Permit No. 09-31-UP-PC.Motion carried (4-0). 24 25 M/S Helland/Sanders to approve draft Findings 1-10 for the Guillon Retail Use Permit No. 09-31 and 26 Conditions of Approval as amended to include revised attachment 1 with revisions as recommended 27 by the City Attorney, revisions to the landscaping plan as noted above, skylights in the warehouse 28 area and solar tubes in the retail area of the Sears tenant space; and future tenants shall include 29 daylighting such as solar tubes and/or sky lights where feasible to be reviewed by Planning staff as 30 part of the building permit plans for the tenant improvement. Motion carried (4-0) 31 32 FINDINGS TO ADOPT A MITIGATED NEGATIVE DECLARATION 33 FOR THE GUILLON RETAIL BUILDING AT 34 PARCEL B1 IN THE REDWOOD BUSINESS PARK, 35 1230 AIRPORT PARK BOULEVARD 36 APN 180-080-25 37 FILE NO. 09-31-UP-PC 38 39 Findinqs for Approval of a Mitiqated Neqative Declaration: 40 41 1. An Initial Study was prepared and demonstrated that there is no substantial evidence that 42 supports a fair argument that the project, as conditioned, would have a significant effect on the 43 environment. 44 45 2. The project does not have the potential to affect wildlife resources as defined in the State 46 Fish and Game Code, either individually or cumulatively. 47 48 3. The project is not located on a site listed on any Hazardous Waste Site List compiled by the State 49 pursuant to Section 65962.5 of the California Government Code. 50 51 4. The Notice of Intent to Adopt the Mitigated Negative Declaration was posted and 52 published as required by Section 15072 of the CEQA Guidelines. Notice of Intent to Adopt a 53 Mitigated Negative Declaration was provided as follows: 54 A. Posted in the office of the County Clerk on October 9, 2009; MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 4 1 B. Mailed to property owners within 300 feet of the property on October 7, 2009; 2 C. Posted in 3 places on the subject property on October 7, 2009; and 3 D. Published in the Ukiah Daily Journal on October 7, 2009. 4 5 5. The Planning Commission reviewed the Initial Study and considered public comments before 6 making a recommendation on the project. 7 6. A Mitigation Monitoring Program has been prepared to ensure compliance with the adopted 8 mitigation measures. 9 7. The record of proceedings of the decision on the project is available for public review at the City of 10 Ukiah Planning and Community Development Department, Civic Center, 300 Seminary Avenue, 11 Ukiah, California. 12 13 USE PERMIT FINDINGS TO ALLOW THE CONSTRUCITON 14 OF THE GUILLON RETAIL BUILDING A 15 16,005 SQAURE FOOT COMMERCIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS ON 16 THE NORTHERN HALF OF 17 PARCEL B1 IN THE REDWOOD BUSINESS PARK, 18 1230 AIRPORT PARK BOULEVARD, 19 APN 180-080-25 20 FILE NO. 09-31-UP-PC 21 22 The following findings are supported by and based on information contained in this staff report, the 23 application materials, project plans, and documentation, and the public record. 24 25 1. The project, as conditioned, is consistent with the goals and policies of the Ukiah General 26 Plan including the Master Plan Area (MPA) general plan designation which is intended to 27 meet precise planning needs. The project is located in the Airport Industrial Park which is 28 intended to provide an area for commercial and manufacturing uses that serve the City and 29 greater Ukiah Valley. The physical improvements to the site and frontage, the retention of an 30 existing local business and the opportunity for new retail/commercial tenants are also 31 consistent with the General Plan Economic Development goal to support a strong local 32 economy. 33 34 2. The project, as conditioned, is consistent with the Airport Industrial Park Planned Development 35 standards based on the following: 36 37 A. The project site is located in the Mixed-Use/Light Industrial of Redwood Business Park 38 (RBP) portion of the Airport Industrial Park. In this area, commercial development uses 39 require approval of a use permit. The Sears appliance store would be the primary tenant 40 of the building and is a commercial use. As such, the applicant has applied for and the 41 Planning Commission has approved the required use permit. 42 43 B. The project is also consistent with the AIP development standards that apply to the 44 Mixed-Use/Light Industrial area, as noted in the staff report, including architectural 45 design, landscaping, pedestrian orientation, bicycle parking, and lighting. 46 47 C. The proposed project provides 56 onsite parking spaces which is consistent with the 48 parking required for the project based on the following: 49 50 ■ Sears Appliance Sales: 6,005 gross sf: 13 spaces required 51 (1 space per 500 gross sf) 52 ■ Sears Retail Sales: gross 4,000 sf: 16 spaces required 53 (1 space per 500 gross sf) 54 ■ Unidentified Tenant Space: 6,000 gross sf 24 spaces required MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 5 1 (1 space per 250 gross sf) 2 ■ Total Parking Required 53 spaces required 3 4 3. The Bike Lane required by the AIP development standards has not been required for the 5 project due to safety concerns expressed by the Public Works Department. It has been 6 determined that providing a Bike Lane along a single parcel frontage is not desirable and the 7 required Bike Lane should be installed as part of a comprehensive Bike Lane Plan. Also, the 8 City's Bicycle Plan does not identify a bicycle lane on Airport Park Boulevard. 9 10 4. The proposed project, as conditioned, is consistent with the provisions of the Ukiah Airport 11 Master Plan in that 1) low intensity retail uses are an acceptable use in the B1 compatibility 12 zone and the Sears appliance store is consistent with a low intensity retail use based on the 13 number of employees and the relatively small number of customers typically associated with 14 this type of use 2)the project site and surrounding B1 area provides more than the 30% open 15 land that is required 3) the applicant is required to record the avigation easement that is a 16 stated condition of development in the B1 zone and 4) the project is required to demonstrate 17 compliance with the maximum density requirement of 60 people per acre . 18 19 5. The project, as conditioned, is consistent with the Ukiah Municipal Code requirement, 20 including the requirements for street trees, sidewalks and frontage improvements. 21 22 6. The proposed project, as conditioned, is compatible with surrounding land uses and will not be 23 detrimental to the public's health safety and general welfare based on the following: 24 25 A. The proposed project is located in an area that is surrounded by retail, restaurant, and 26 lodging uses to the north, south, and east. The project would be similar in intensity and 27 compatible with these surrounding uses since the primary tenant is a commercial retail 28 establishment. 29 30 B. The Ukiah Municipal Airport is located to the west. The project is consistent with the 31 Ukiah Airport Master Plan Compatibility Table criteria for the B1 compatibility zone as 32 described above so it will not be in conflict with the airport. 33 34 C. The project has adequate access from an existing street, Airport Park Boulevard. The 35 project will utilize one existing driveway to provide access to the site (north side of the 36 parcel and shared with the motel and strip commercial uses). A new driveway access will 37 be provided at the south end of the site. There is an existing stop sign controlled 38 intersection to the north of the site and an existing median on Airport Park Boulevard. 39 These existing improvements would limit conflicts with existing traffic patterns and new 40 vehicle trips associated with the project. 41 42 D. The access has been reviewed by the Department of Public Works, Police Department, 43 and Fire Department and no comments were received that the project was unsafe or 44 access to the site was inadequate. 45 46 E. The project has been conditioned to provide fire sprinklers due to limited access to the 47 rear of the building and the mitigation measures included in the RBP EIR(see conditions 48 of approval from the Fire Marshal). 49 50 F. Noise generated by the project would be of a level that is typically associated with a 51 commercial/retail use and would be similar to the noise that exists in the immediate area. 52 53 7. The proposed project, as conditioned, provides sufficient variety, creativity, and articulation to 54 the architecture and design of the structure(s) to avoid monotony and/or a box-like 55 uninteresting external appearance based on the following: 56 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 6 1 A. The building has been described by the applicant as a concrete tilt-up. While this building 2 type can lead to a box-like appearance, the building includes architectural details, 3 materials, such as varied parapet heights for each tenant space, columns on the front 4 elevation, the use of a mix of materials (stucco, simulated stone), trellises and awnings, 5 and the differentiation of each storefront with the use of"pop-outs"/overhangs. 6 7 8. The proposed project, as conditioned, provides uniqueness and an exemplary approach to the 8 site planning, design, and architecture, consistent with the Site Planning and Design 9 Standards contained herein, that results in a quality and sophisticated development based on 10 the following: 11 12 A. See#7A above 13 14 B. The project includes trellises on the north and south elevations where there are large 15 open blank walls. On the rear(west)elevation the landscaping plan includes trees that 16 screen this large blank open wall. 17 18 C. The project integrates site access and site circulation with the adjacent development to 19 the north. The project includes a shared driveway along the south property line to provide 20 access to the site. This access will be shared with future development to the south. 21 22 D. The project integrated pedestrian access to and within the site. The frontage 23 improvements include a meandering sidewalk along Airport Park Boulevard, and a 24 pedestrian path of travel that connects the sidewalk to the building. 25 26 9. The proposed project, as conditioned, is consistent with the specific findings required pursuant 27 to Zoning Ordinance Section 9263(E) related to site planning and architecture as described 28 below. 29 30 A. The location, size, and intensity of the proposed project will not create a hazardous 31 vehicular or pedestrian traffic pattern based on the following: 32 33 ■ The project is located on a vacant infill site in the Redwood Business Park area of the 34 larger Airport Industrial Park that has frontage on Airport Park Boulevard. The site is 35 located in an area that includes retail, restaurant, grocery, and lodging uses. There is 36 existing circulation infrastructure in the area including a stop sign controlled 37 intersection at the corner of Commerce Drive and Airport Park Boulevard and median 38 along Airport Park Boulevard. The project will not modify these improvements. The 39 project will utilize an existing driveway on Airport Park Boulevard as one access to 40 the site. This access will be shared with the development to the north. The project 41 includes the construction of a second access from Airport park Boulevard located at 42 the south end of the site. These access points provide adequate site circulation and 43 meet City standards. The project provides adequate pedestrian facilities —see below. 44 45 ■ The circulation for the project has been coordinated with the circulation of the 46 development to the north of the site in order to create an efficient circulation pattern, 47 reduce paving, and eliminate redundant improvements. This approach reduces the 48 number of access driveways onto Airport Park Boulevard and the number of 49 opportunities for vehicles to interact with pedestrians using the sidewalk thereby 50 creating a safer pedestrian environment. 51 52 ■ The size and intensity of the project is similar to the strip commercial building located 53 to the north of the project site and other projects located along the west side of 54 Airport Park Boulevard. There are sidewalks located in this area and the project 55 includes the construction of a sidewalk along the Airport Park project frontage. This 56 sidewalk will connect to a pedestrian path of travel that will extend from the sidewalk MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 7 1 to the pathway located at the front of the building and to the sidewalk on the property 2 to the north. 3 4 B. The accessibility of off-street parking areas and the relation of parking areas with respect 5 to traffic on adjacent streets will not create a hazardous or inconvenient condition to 6 adjacent or surrounding uses based on the following: 7 8 ■ Off-street parking would be accessed from an existing driveway curbcut located at 9 the north of the site along the project frontage and from a new driveway curbcut that 10 would be located at the south of the site along the project frontage. 11 12 ■ The northern access is existing, would remain unchanged as a result of this project, 13 and is located an adequate and safe distance from the stop sign controlled 14 intersection located at Commerce Drive and Airport Park Boulevard. The new 15 southern site access would be located further from the intersection of Commerce 16 Drive and Airport Park Boulevard and meets the width requirement of the City and 17 the AIP. 18 19 ■ The parking areas are located in the center of the site and the circulation for the 20 parking area is aligned and coordinated with the development located to the north of 21 the project site. In order to access the parking areas, vehicles are forced to use the 22 driveways noted above. 23 24 C. Sufficient landscaped areas have been reserved for purposes of separating or screening 25 the proposed structures from the street and adjoining building sites, and breaking up and 26 screening large expanses of paved areas based on the following: 27 28 ■ Trees on all four sides of the building that provide screening from buildings in 29 adjacent sites. 30 ■ Trees and landscaping along the project frontage, in the parking lot, and in front of 31 the building to provide screening of the project as viewed from the street. 32 ■ Trees and shrubs are provided in landscape planters in the parking area as required 33 by the AIP regulations and meets the standards for shading of the parking lot. 34 35 D. The proposed development will not restrict or cut out light and air on the property, or on 36 the property in the neighborhood; nor will it hinder the development or use of buildings in 37 the neighborhood, or impair the value thereof based on the following: 38 39 ■ The project complies with the AIP height and setback requirements which are 40 developed in order to ensure adequate light and air and separation of uses. 41 ■ The property to the north is already developed and the project is 55 feet from the 42 closest building (motel). 43 ■ The property to the south would remain vacant and the building is a minimum of 240 44 feet from the closest building to the south (veterinary practice). 45 ■ The property to the east is located on the opposite (east)side of Airport Park 46 Boulevard and is already developed. There is a median on Airport Park Boulevard 47 that separates the north bound and south bound travel lanes. 48 ■ The property to the west is the Ukiah Municipal Airport. The project is required to 49 comply with the Airport Master Plan. Compliance with the plan insures that the 50 project would not hinder further development of the airport and provides adequate 51 separation. 52 ■ The project is appropriately designed as required by the AIP. The project has been 53 reviewed by the Design Review Board and requires Planning Commission approval. 54 This process ensures a quality project that would not impair the value to properties or 55 development. 56 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 8 1 E. There are no residential structures adjacent to the project site. 2 3 F. There are no trees on the site. The site is covered in grasses, bare soil and gravel. There 4 may be some small shrubs on the site, but none of them are significant or add character 5 to the site. There are no creeks, wetlands, or other water courses on the site. The site is 6 relatively flat and slopes upward from the east(front) property line to the west(rear) 7 property line with a change of grade of approximately 5 feet. The development of the 8 vacant site will change the drainage of the site; however, these changes would be 9 considered minor in nature and necessary in order to comply with City requirements 10 related to drainage. 11 12 G. There is sufficient variety, creativity, and articulation to the architecture and design of the 13 structure(s)and grounds to avoid monotony and/or a box-like uninteresting appearance 14 based on #7A and 8B above. 15 16 10. In 1995, an Environmental Impact Report was prepared for the Redwood Business Park part 17 of the larger Airport Industrial Park. The EIR included mitigation measures that are to be 18 applied to future development within Redwood Business Park in order to mitigate impacts 19 identified in the EIR. 20 21 An Initial Environmental Study (IS) was prepared for the project. The analysis of the project 22 identified impacts related to Aesthetics, Air Quality, Cultural Resources, Geology/Soils, 23 Hazards and Hazardous Materials, Hydrology and Water Quality, Land use/Planning, Noise, 24 Public Services, and Utilities/Service Systems. 25 26 It was determined that the impacts identified could be reduced to a less than significant level 27 with the incorporation of mitigation measures. The applicant has agreed to these mitigation 28 measures. Based on the outcome of the IS, it was determined that a Mitigated Negative 29 Declaration was required for the project. 30 31 USE PERMIT CONDITIONS OF APPROVAL 32 TO ALLOW THE CONSTRUCTION OF THE GUILLON RETAIL BUILDING 33 A 16,005 SQUARE FOOT COMMERCIAL BUILDING AND 34 ASSOCIATED SITE IMPROVEMENTS ON THE NORTHERN HALF OF 35 PARCEL B1-B IN THE REDWOOD BUSINESS PARK, 36 1230 AIRPORT PARK BOULEVARD 37 APN 180-080-25 38 FILE NO. 09-31-UP-PC 39 40 1. Approval is granted for the construction of a 16,005 square foot building and associated 41 site improvements as shown on the plans submitted to the Planning Department and date 42 stamped October 21, 2009, except as modified by the following conditions of approval. 43 44 This approval does not include the area of the site identified as "Phase I I" on the site plan 45 submitted to the Planning Department and date stamped October 21, 2009. Development 46 of this portion of the site requires review and approval as prescribed in Airport Industrial 47 Park Ordinance 1098. 48 49 2. Prior to review of the minor subdivision application by the City Engineer, the Planning 50 Commission decision shall become final by the required appeal period expiring without 51 the filing of an appeal. Should a timely appeal of the Planning Commission decision be 52 filed, the City Engineer review of the parcel map shall be rescheduled until the appeal 53 has been resolved and the Use Permit has been approved by the City or withdrawn by 54 the applicant. 55 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 9 1 3. Prior to issuance of a building permit for this project, the parcel map referenced above in 2 condition #2 shall be approved by the City Engineer and the approved map shall be 3 recorded. 4 5 4. Plans submitted for building permit shall include the following and are subject to staff 6 review and approval: 7 8 A. Draft access agreement for the monitoring wells. 9 B. Draft access easements for the north and south shared driveways. 10 C. The location of rooftop equipment and documentation as needed to demonstrate that 11 the equipment is screened from view. 12 D. Information as to the density of the use (number of persons per acre). The maximum 13 allowed density is 60 people per acre. 14 E. Removal of the bike lane on Airport Park Boulevard. 15 F. The number of employees anticipated for the entire building, so that the required 16 bicycle parking can be determined. 17 G. Location of required bicycle parking spaces. Bicycle spaces shall be located 18 proximate to the front each tenant space. 19 H. Lighting that meets International Dark Sky Association standards. 20 21 5. The Lighting Plan required as part of the condition #4 above and in the mitigation 22 measures shall include the following and is subject to staff review and approval: 23 24 A. Lighting that uses the minimum wattage and is of a quality that provides adequate 25 security, but is not excessive and does not result in excessively bright night glow. 26 27 B. Sufficient details regarding the proposed type, wattage/luminescence, and illustration 28 of the area illuminated by each exterior light shall be provided so that Planning Staff 29 can determine the brightness and quality of the proposed lighting. 30 31 C. Exterior lighting (including signs)shall have built in motion and dusk to dawn sensors. 32 33 D. A photometric plan that demonstrates that the project lighting will not be overly bright 34 or extend over property lines. 35 36 6. Prior to building permit final, the following items that have been reviewed and approved 37 by staff shall be recorded and a copy provided to the Planning Department: 38 39 A. Access agreement for the monitoring wells. 40 B. Access easement for the shared driveways. 41 42 7. Prior to building permit final, the applicant shall submit a Sign Program for the building 43 and site that is subject to review and approval of the Planning Commission. The Sign 44 Program shall include, but not be limited to proposed design of signs, location, 45 dimensions, square footage allotted to each tenant, materials, types of signs allowed 46 (such as building mounted, awnings, window), and sign lighting. The processing of the 47 Sign Program is subject full cost recovery as part of this Use Permit application. 48 49 8. Signs require application for and approval of a Sign Permit from the Planning and 50 Community Development Department and shall comply with the Sign Program for the 51 project approved by Planning Commission (see condition #7). 52 53 9. Any rental or lease agreements involving the subject property shall include an 54 advisement that the property is located in close proximity to the Ukiah Municipal Airport 55 and is subject to occasional aircraft overflight and may be subject to aircraft noise or 56 related disturbances. MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 10 1 10. Permit from the Mendocino County Air Quality Management District referenced below in 2 Standard Requirements. 3 4 11. All mitigation measures include in the mitigated negative declaration for this project are 5 included herein by reference. 6 7 12. These conditions of approval (including the standard requirements), mitigation measures, 8 and mitigation monitoring report/program shall appear as notes on the first sheet of the 9 building permit plans. 10 11 From the City Attornev 12 13. On or before the fifth day after final approval of the 13 Permit, the applicant and property owner shall sign and subsequently comply with an 14 Access Agreement in the form of Exhibit A, attached, or as modified with approval of the 15 City Attorney. 16 17 14. The applicants shall comply with a Soil and Groundwater Management Plan prepared by 18 the City which is consistent with the requirements of the North Coast Regional Water 19 Quality Control Board. The City shall work closely with the applicants to design the Soil 20 and Groundwater Management Plan to balance the testing, monitoring, and remediation 21 of soil and groundwater with the site planning and layout of the project. Any plans for 22 reuse or disposal of contaminated soil shall be reviewed and approved by the North 23 Coast Regional Water Quality Control Board. 24 25 15. The applicants shall install in all structures constructed on the property for human 26 occupancy a vapor barrier of Liquid Boot or equivalent, all in accordance with plans 27 submitted to and approved by the City Engineer. 28 29 16. The inverts of all new storm drains constructed on the property shall be designed and 30 constructed to prevent groundwater intrusion, said design shall be approved by the City 31 Engineer. If the storm drain for the loading dock is at an elevation that could potentially 32 cause groundwater intrusion, special design measures, approved by the City Engineer, 33 shall be used to prevent that groundwater from discharging into the City's storm drain 34 system. Applicant shall determine groundwater elevation in a manner approved by the 35 City Engineer. 36 37 17. The applicant/owner shall grant unimpeded access to the City to take water samples on a 38 regular basis from the storm drain system or from future monitoring wells. If the water 39 samples test positive for contaminants and/or the City is required by a regulatory agency 40 to prevent groundwater discharge from the french drain to the storm drain system, the 41 applicanUowners shall cooperate with the City to prevent the discharge of contaminated 42 groundwater from the property to the storm drain system. 43 44 From the Planninq Commission 45 18. The landscaping plan (Sheet L-1)shall be revised as follows: 46 47 F. Replace the dogwood trees and London plane trees in the parking lot with Chinese 48 pistache. 49 50 G. Replace the cork oak at the rear of the building (west property line)with interior live 51 oak. 52 53 H. Replace the six (6)trees shown at the front of the site along Airport Park Boulevard 54 with three (3) cork oak and three (3) California black oak. 55 56 I. Remove the starjasmine. MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 11 1 J. Add ceanothus (minimum 5 gallon size)and California poppy. 2 3 F. Revise the irrigation plan as needed for items 13A-13E above. 4 5 19. Plans submitted for building permit shall include the following and are subject to staff 6 review and approval: 7 8 A. Skylights in the warehouse area of the Sear's tenant space. 9 10 B. Solar tubes in the retail/sales area of the Sear's tenant space. 11 12 C. The revised landscaping plan and irrigation plan referenced in condition #18 above. 13 14 20. Building Permit plans submitted for future tenant spaces (vacant tenant spaces A and B 15 on the plans) shall daylight interior spaces with solar tubes, skylights, and/or other 16 methods where feasible and are subject to staff review and approval. 17 18 Standards Conditions 19 21. This approval shall be null and void unless the California Environmental Quality Act/Fish 20 and Game filing fee of $2010.25 payable to Mendocino County is filed with the City of 21 Ukiah Planning and Community Development Department within five (5) days of this 22 approval. 23 24 22. This approval is not effective until the 10 day appeal period applicable to this Use Permit 25 has expired without the filing of a timely appeal. If a timely appeal is filed, the project is 26 subject to the outcome of the appeal and shall be revised as necessary to comply with 27 any modifications, conditions, or requirements that were imposed as part of the appeal. 28 23. No permit shall be issued and this Use Permit is not effective unless and until all fees and 29 charges applicable to the application, Conditions of Approval, and Mitigation Measures 30 have been paid in full. 31 32 24. All use, construction, or occupancy shall conform to the application approved by the 33 Zoning Administrator, City Engineer, Planning Commission or City Council as applicable, 34 and to any supporting documents submitted therewith or made part of the administrative 35 record, including staff reports, maps, sketches, renderings, building elevations, landscape 36 plans, and other submittals or documents. 37 38 25. Except as otherwise specifically noted, this Permit shall be granted only for the specific 39 purposes stated in the action approving the Permit and shall not be construed as 40 eliminating or modifying any building, use, zoning or other requirements except as to 41 such specific purposes. 42 43 26. This approved Permit may be revoked through the City's revocation process if the 44 approved project related to the Permit is not being conducted in compliance with the 45 stipulations and conditions of approval; or if the project is not established within two years 46 of the effective date of approval; or if the established and use for which the permit was 47 granted has ceased or has been suspended for twenty-four(24) consecutive months. 48 49 27. This approval is contingent upon agreement of the applicant and property owner and their 50 agents, successors and heirs to defend, indemnify, release and hold harmless the City, 51 its agents, officers, attorneys, employees, boards and commissions from any claim, 52 action or proceeding brought against any of the foregoing individuals or entities, the 53 purpose of which is to attack, set aside, void or annul the approval of this application. 54 This indemnification shall include, but not be limited to, damages, costs, expenses, 55 attorney fees or expert witness fees that may be asserted by any person or entity, 56 including the applicant, arising out of or in connection with the City's action on this MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 12 1 application, whether or not there is concurrent passive or active negligence on the part of 2 the City. If, for any reason any portion of this indemnification agreement is held to be void 3 or unenforceable by a court of competent jurisdiction, the remainder of the agreement 4 shall remain in full force and effect. 5 6 28. This approval is not effective unless and until all other required discretionary entitlements 7 have been granted, issued or approved as applicable. 8 9 29. Any work, improvement, expenses or other encumbrance incurred by the applicant, 10 owner or other party in reliance upon any entitlement, approval or permit which has not 11 been granted, issued or approved is at your own risk. 12 13 30. All conditions that do not contain specific completion periods shall be completed prior to 14 release of final building inspection and issuance of a Certificate of Occupancy for the 15 building. 16 17 31. Applicant shall be required to obtain and maintain any permit or approval, which is 18 required by law, regulation, or ordinance of any Local, State, or Federal agency. 19 Applicant/owner or other person in possession of the project site shall grant permission to 20 employees of the City of Ukiah and others authorized by the City of the Ukiah to enter 21 upon the subject property as necessary to inspect the property and process the required 22 entitlements. 23 24 32. A copy of all conditions of this Permit shall be provided to and be binding upon any future 25 purchaser, tenant or other party of interest. 26 27 33. All Conditions of Approval for this project shall be provided to all contractors and persons 28 working on the project. Conditions of Approval shall be prominently displayed on all sets 29 of plans for all ministerial permits required to develop the property, including building 30 permits and permits for grading or site preparation. 31 32 34. Any construction shall comply with the "Standard Specifications" for such type of 33 construction now existing or which may hereafter be promulgated by the Engineering 34 Department of the City of Ukiah; except where higher standards are imposed by law, rule, 35 or regulation or by action of the approving body. 36 37 35. In addition to any other condition imposed, any construction shall comply with all building, 38 fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in 39 effect at the time the Building Permit is approved and issued. 40 41 36. Sewer, water, electric and fire protection improvements and services shall conform to the 42 specifications of City Public Utilities, Public Works Department and Fire Departments. 43 44 37. The project shall comply with the following requirements to reduce air quality impacts 45 related to project construction: 46 47 A. All grading shall comply with Mendocino County Air Quality Management District 48 Rule 1-430, Fugitive Dust Emissions. 49 50 B. All activities involving site preparation, excavation, filling, grading, road construction, 51 and building construction institute a practice of routinely watering exposed soil to 52 control dust, particularly during windy days. 53 54 C. All inactive soil piles on the project site shall be completely covered at all times to 55 control fugitive dust. 56 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 13 1 D. All activities involving site preparation, excavation, filling, grading, and actual 2 construction shall include a program of washing off trucks leaving the construction 3 site to control the transport of mud and dust onto public streets. 4 5 E. Low emission mobile construction equipment, such as tractors, scrapers, and 6 bulldozers shall be used for earth moving operations. 7 8 F. All earth moving and grading activities shall be suspended if wind speeds (as 9 instantaneous gusts) exceed 25 miles per hour. 10 11 G. Adjacent roadways exposed to dust, dirt, or other soil particles by vehicles tires, 12 poorly covered truck loads, or other construction activities shall be cleaned each day 13 prior to the end of construction activities using methods approved by the Director of 14 Public Works/City Engineer. 15 16 38. Prior to issuance of the Final Certificate of Occupancy, applicant shall submit to the 17 Department of Planning and Community Development a completed Mendocino County 18 Air Quality Management District`Air Quality Permit ChecklisY if required by district rules. 19 20 39. If, during site preparation or construction activities, any historic or prehistoric cultural 21 resources are unearthed and discovered, all work shall immediately be halted, and City 22 Planning Department staff shall be notified immediately of the discovery. The applicant 23 shall be required to fund the hiring of a qualified professional archaeologist to perForm a 24 field reconnaissance and, if deemed necessary, to develop a precise mitigation program 25 approved by the City prior to the continuation of any site work. 26 27 40. The use, site, improvements, landscaping, and all other elements shall be operated and 28 maintained consistent with the approved project and in good standing and repair for the 29 life of the project, notwithstanding any change in ownership. 30 31 41. All required landscaping shall be properly maintained to insure the long-term health and 32 vitality of the plants, shrubs and trees. Proper maintenance means, but is not limited to 33 the following: 34 35 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate 36 according to the season, i. e., more water in summer, less in the winter. 37 38 B. Additional watering shall occur during long periods of severe heat and drying winds, 39 and reduced watering shall be used during extended periods of cool rainy weather. 40 41 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic 42 fertilizer according to the recommendations of a landscaping professional. 43 44 D. Weed killers shall not be used on or near trees. 45 46 E. The tree ties and stakes shall be checked every six months to ensure they do not 47 constrict the trunks and damage the trees. 48 49 F. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not 50 damage the trunk of the tree and its overall growth. 51 52 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including 53 vandalism, shall be replaced with the same or similar tree species, or an alternative 54 species approved by the department of Planning and Community Development. 55 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 14 1 H. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All 2 pruning shall follow standard industry methods and techniques to ensure the health 3 and vitality of the tree. 4 5 Failure to comply with the requirements listed above could result in revocation of the Use 6 PermiUSite Development Permit. 7 8 From the Fire Marshal (Chuck Yates� 9 42. Access to the rear of the complex is of concern. Although the plans show 15 feet from the 10 building to the property line, there is not adequate access for emergency response 11 vehicles to the west side of the structure. This is insufficient for safety to have firefighters 12 conducting emergency operations. Because of this difficult access for emergency 13 vehicles, a sprinkler system is required. CFC 901.4.3 14 15 43. An automatic fire suppression system will be electrically monitored with the fire alarm 16 system, where the number of heads exceeds 20. CBC 901.6.1 17 18 44. Plans submitted for building permit shall include the following and are subject to staff 19 review and approval: 20 21 A. The type of construction. Depending on the type of construction, the fire flow and 22 subsequent amounts of hydrants and hydrant spacing will be determined. 23 B. The hydrant shall be located to an end location of the parking area, preferably the 24 southern end. 25 26 C. The location of the external sprinkler connection, preferably in close proximity of the 27 hydrant. These connections are required to be a minimum of 20 feet from the 28 building. 29 30 D. The location of street numbers, door and exit signs, fire extinguishers, fire lanes and 31 no parking areas, electrical shut off access, secure lock box, fire alarms, smoke 32 detectors and other routine requirements will be annotated on construction plans. 33 Actual locations will be field identified by the Fire Prevention Bureau. 34 35 The location shall also be reviewed by Planning Department staff to ensure that the 36 location does not create modifications to the parking or landscaping that are substantially 37 inconsistent with the approved plans or the AIP requirements for parking and 38 landscaping. 39 40 From the Public Works Department(Ben Kaaevamal 41 45. Plans and documentation submitted for building permit shall include the following and are 42 subject to staff review and approval: 43 44 A. Documentation that all buildings and vegetation will be constructed and maintained at 45 heights consistent with the side slope criteria of the Ukiah Municipal Airport Master 46 Plan. 47 48 B. A grading and drainage plan, and an erosion and sediment control plan, prepared by 49 a Civil Engineer shall be submitted for review and approval by the Department of 50 Public Works. Storm drain inlet filters shall be installed and maintained in all onsite 51 storm drain inlets within paved areas. Note that surface run-off shall not be allowed to 52 drain over the Airport Park Boulevard sidewalk. Consideration of post-construction 53 BMP measures in the grading and drainage plan are recommended where feasible. 54 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 15 1 C. The grading and drainage plan (in condition #37 B above) shall be accompanied by a 2 drainage study prepared by a Civil Engineer which verifies the adequacy of the 3 proposed drainage design and the downstream drainage system. 4 5 46. Prior to construction, applicant shall obtain a Storm Water Permit from the Regional 6 Water Quality Control Board and an air quality permit from the Mendocino County Air 7 Quality Management District. 8 9 From the Electric Utilitv Department (Paul Ammendolia� 10 47. The electrical service for the project requires installation of a 6' by 3 '/z'junction pedestal 11 (ground level dimensions are approximately 5' by 2 '/z') and transformer to be located 12 within officially recorded electrical easement. 13 14 48. Plans and documentation submitted for building permit shall include the following 15 information and are subject to staff review and approval: 16 17 A. Any adjustments to existing easements and any proposed easements that are 18 necessary to accommodate any primary electrical facilities shall be included on the 19 proposed site plan. Please Note: Landscaping trees shall not interfere with electrical 20 facilities. 21 22 B. Location of the junction pedestal. Please Note: The junction pedestal may share the 23 same landscaping area as the transformer. The preferred location of the transformer 24 is nearer the main switch gear.When locating the junction pedestal, please consider 25 that this junction pedestal will also serve as the source point for energizing the 26 transformer needed for Phase 2 of the project. 27 28 C. Electrical load calculations for the entire development so that the Electric Utility can 29 determine the transformer requirements and location. 30 31 D. The location of the electrical meters. Meters shall be located outside of the structure 32 or in a meter room with one door access to the exterior of the building. If the meter is 33 located in a meter room, the City shall be provided with a key to this room. 34 35 The location shall also be reviewed by Planning Department staff to ensure that the 36 location does not create modifications to the parking or landscaping that are substantially 37 inconsistent with the approved plans or the AIP requirements for parking and 38 landscaping. 39 40 49. Public utility easements for the portion of the property that includes the primary electrical 41 equipment and occupies shall be recorded at the County Recorder's office and copies 42 provided to the City Engineer prior to installation of the electric system. 43 44 50. The City of Ukiah uses the EUSERC standards for service equipment. It shall be the 45 contractor's responsibility to provide submittals of service equipment specifications from 46 the equipment manufacturer for approval by the City of Ukiah Electric Department prior to 47 installations. 48 49 51. All Electrical Department construction fees shall be paid before the City will release 50 materials or schedule crew time for construction. 51 52 Standard Requirements 53 54 From the Buildinq Official 55 1. Plans and other documents submitted for building permit shall include three (3) sets of a 56 Geotechnical Report. MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 16 1 From the Public Works Department(Ben Kaqevama) 2 2. Applicant shall construct a continuous meandering ADA sidewalk, minimum 5 feet wide, 3 along the project frontage of Airport Park Boulevard. Prior to construction, improvement 4 plans shall be prepared by a Civil Engineer and approved by the Public Works 5 Department. Public sidewalk improvements outside of the street right-of-way shall require 6 a sidewalk easement dedicated to the City. 7 8 3. Any existing curb, gutter, and sidewalk that are adjacent to the subject property shall be 9 repaired. All work shall be done in conformance with the City of Ukiah Standard Drawings 10 101 and 102 or as directed by the City Engineer. 11 12 4. Street trees shall be spaced approximately every 30 feet along Airport Park Boulevard 13 within trees wells, a landscape strip, or within 5 feet of the back of the sidewalk. Street 14 trees shall be installed in accordance with City Standard Drawing no. 601 or as otherwise 15 approved by the City Engineer. Tree types shall be approved by the City Engineer. 16 17 5. All areas of circulation shall be paved with a minimum of 2" of AC on 6" of Base or other 18 suitable surface material approved by the City Engineer. This includes the proposed 19 driveways and parking areas. If heavy truck traffic is anticipated from the solid waste 20 company, delivery trucks or other heavy vehicles, the pavement section should be 21 calculated appropriately to ensure that is can withstand the loading. 22 23 6. All work within the public right-of-way shall be performed by a licensed and properly 24 insured contractor. The contractor shall obtain an encroachment permit for work within 25 this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% 26 of estimated construction costs. 27 28 7. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and 29 tested in accordance with the Ukiah Valley Sanitation District Ordinance No. 30 and 30 replaced if required. If an existing lateral is to be abandoned, it shall be abandoned at the 31 main to the satisfaction of the Public Works Department. 32 33 8. Capital Improvement fees for water service are based on the water meter size. The fee 34 for a 3/4' meter is currently $660.00. A fee schedule for water meter size is available upon 35 request. Additionally, there is a cost for City crews to construct the water main taps for 36 the proposed water services to serve the parcels being created by the subdivision. 37 38 9. Each parcel shall have separate and individual water and sewer service. It is 39 recommended that irrigation systems be on a separate meter. 40 41 10. All irrigation and fire services shall have approved backflow devices. 42 43 11. Prior to issuance of a building permit, the applicant shall pay the Airport Industrial Park 44 Capital Improvement Fees as adopted by the Ukiah City Council that apply to this project. 45 The amount of the fee is $12,174 based on retail development of the northerly 1.72 acre 46 parcel (Parcel B1-B). 47 48 Mendocino Countv Air Qualitv Manaqement District 49 12. Projects grading more than an acre require a permit from the Mendocino County Air 50 Quality Management District. 51 52 Reqional Water Qualitv Control Board 53 13. The project requires approval of a Storm Water Permit from the Regional Water Quality 54 Control Board. 55 56 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 17 1 10. PLANNING DIRECTOR'S REPORT 2 3 11. PLANNING COMMISSION REPORTS 4 Commissioner Sanders reminded the Commissioners of the Ukiah Redevelopment Workshop 5 tomorrow afternoon at the Ukiah Conference Center. She also inquired as to the progress made to 6 the Wendy's demolition and if the Redwood Trees on the property will be salvaged in the event of a 7 new use. 8 9 Commissioner Helland reported on her recent attendance at a Smart Growth conference in Seattle 10 Washington noting it to be very informative. She also commented on alternative measures that can 11 be considered in communities about making parking spaces less wide and bike lanes wider. 12 13 Commissioner Molgaard inquired about the trellises on the Rite Aid building that have no vines. 14 15 Staff will review the Conditions of Approval for this project in this regard. 16 17 Rick Seanor commented on the contamination plum originating from the City Corporation Yard and 18 monitoring system thereof. 19 20 12. ADJOURNMENT 21 There being no further business, the meeting adjourned at 8:02 p.m. 22 23 Anne Molgaard, Vice-Chair 24 25 26 Cathy Elawadly, Recording Secretary 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 MINUTES OF THE PLANNING COMMISSION February 10, 2010 Page 18