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
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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
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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
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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
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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
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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
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