HomeMy WebLinkAboutpcm_09222010 1 UKIAH PLANNING COMMISSION
2 September 22, 2010
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair None
7 Anne Molgaard, Vice Chair
8 Linda Helland
9 Linda Sanders
10 Mike Whetzel
11
12 STAFF PRESENT OTHERS PRESENT
13 Planning Director Stump Listed below, Respectively
14 Kim Jordan, Senior Planner
15 Jennifer Faso, Associate Planner
16 Cathy Elawadly, Recording Secretary
17
18 1. CALL TO ORDER
19 The regular meeting of the City of Ukiah Planning Commission was called to order by
20 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
21 Ukiah, California.
22
23 2. ROLL CALL
24
25 3. PLEDGE OF ALLEGIANCE - Everyone cited.
26
27 4. SITE VISIT VERIFICATION - Site verification was confirmed.
28
29 5. APPROVAL OF MINUTES—August 25, 2010
30 M/S Molgaard/Sanders to approve August 25, 2010 minutes as submitted. Motion carried (4) with
31 Commissioner Helland abstaining.
32
33 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
34 None.
35
36 7. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting,
37 the final day to appeal is October 4, 2010.
38
39 8. VERIFICATION OF NOTICE — Master Use Permit No. 10-17 was properly noticed in accordance
40 with the provisions of the Ukiah Municipal Code.
41
42 9. PUBLIC HEARING
43 9A. Garton Tractor and Aaction Rents Master Use Permit File No: 10-17-UP-PC. Request for
44 approval of a Master Use Permit to allow Garton Tractor to sell and service farm equipment at
45 1400 Hastings Road, APN 180-070-18, which is also the site of Aaction Rents. The Master Use
46 Permit also includes an expansion of Aaction Rents use of outdoor space for the display and
47 storage of rental equipment.
48
49 Associate Planner Faso gave a staff report and added:
50 • Garton Tractor is asking to occupy expansion area #1, and to share the showroom building, and
51 service building with Aaction Rents. Aaction Rents is asking to expand their outdoor area into
52 expansion area#2.
53 • The conditions of approval for the original use permit for Aaction Rents require Commission
54 approval for an expansion of outdoor display area into area 1 and Zoning Administrator approval
55 of expansion in to areas 2 and 3.
MINUTES OF THE PLANNING COMMISSION September 22, 2010
Page 1
1 Commission:
2 Q1. What are the plans for the lighting? Concern that light could impact Highway 101.
3 Q2. Will the proposed acrylic sign face Highway 101?Will this sign have channel lettering?
4 Q3. What is a master use permit?
5 Q4. What would occur if one of the two businesses failed in terms of maintaining the landscaping
6 and/or other maintenance aspect for the property?
7 Q5. Will the building mounted sign be back lit?
8 Q6. Is the existing signage compatible with the proposed new signage for Garton Tractor?
9 Q7. How should expansion to area#3 be addressed?
10
11 Staff:
12 Q1. The applicant proposes no additional exterior lighting. The existing building mounted lighting will
13 remain. The outdoor lighting on the building showroom is motion sensor. One of the conditions of
14 approval for the original use permit allows for additional lighting if security on the site becomes an
15 issue.
16 Q2. The building mounted sign will be on the south elevation. The monument sign will be visible from
17 Highway 101. The building mounted sign will not have channel lettering. The Aaction Rents
18 building mounted sign does have channel lettering. Staff had some concerns whether or not the
19 two building mounted signs would be compatible with one another and with the other signs on the
20 site and neighborhood.
21 Q3. A master use permit encompasses and allows both uses and the conditions will apply to both
22 uses on the site. The condition from the original use permit will come forward and apply to the
23 Master Use Permit.
24 Q4. This aspect would have to be reviewed, but if Garton Tractor went out of business, Aaction Rents,
25 who owns the property, would be responsible for maintaining the property.
26 Q5. The building mounted sign will be lit from above.
27 Q6. The signs for both businesses clearly have different colors, but both signs are located in and
28 compatible with the landscaping.
29 Q7. Requests the Commission consider that decisions relative to future expansion to Area #3 be
30 made by the Planning Department rather than the Zoning Administrator.
31
32 Staff presented the Commission with the Garton Tractor's plan for tree planting along the south property
33 line.
34
35 Commission: There was further discussion regarding the lighting system and whether there is the
36 potential to install pole lights, particularly for expansion to area #3 and the concern the lighting system
37 could `spill' onto Highway 101.
38
39 PUBLIC HEARING OPENED: 6:25 p.m.
40
41 John Grill, Aaction Rents:
42 • Does not anticipate expanding the lighting. The only reason for potential expansion would be if
43 security became an issue whereby the answer to security is to add more lighting.
44 • All lighting is on a motion detector and works properly.
45
46 PUBLIC HEARING CLOSED: 6:27 p.m.
47
48 Commission:
49 • The landscaping for the site is very nice and supports the proposed landscaping for the Garton
50 Tractor project.
51 • Has no concern about the signage. The proposed signage for Garton Tractor is compatible with
52 the signage for Aaction Rents. The existing signage is appropriate and there is enough visual
53 separation between the signs for both of the businesses that they would blend appropriately with
54 the landscaping and do not conflict.
55 • Has no issue with the parking or area designated for proposed employee parking, if necessary.
56 • Okay with Planning Department review of future expansion to area#3.
MINUTES OF THE PLANNING COMMISSION September 22, 2010
Page 2
1 • Okay with the site lighting.
2 • Great two businesses can work together and share the site and buildings.
3 • Likes the project.
4
5 M/S Molgaard/Whetzel to approve Master Use Permit 10-17 with Findings 1-9 and Conditions of
6 Approval 1-24 to include the additional information related to the landscaping submitted by the applicant.
7
8 Garton Tractor and Aaction Rents
9 Master Use Permit Findings for Approval
10 1400 Hastings Road, APN 180-070-18
11
12 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
13 Plan as described in Table 1 of the staff report.
14
15 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in
16 Tables 2 of the staff report.
17
18 3. The site provides 17 onsite striped parking spaces and an unstriped area that has been identified
19 for employee parking, if needed. The zoning ordinance requires 18 parking spaces based on the
20 square footage of the uses included in this use permit as described below:
21
22 ■ 5,049 square feet of showroom and office space require 17 parking spaces.
23 ■ 2,412 square feet of workshop (workshop and washout) require 1 additional parking
24 space.
25
26 The Zoning Ordinance allows the Planning Commission to reduce the amount of parking
27 required when the project would generate less parking than required by the zoning ordinance.
28 The project would generate the need for fewer parking spaces than required by the zoning
29 ordinance and the existing 17 onsite striped parking spaces are adequate to serve the proposed
30 uses based on the following employee and customer counts:
31
32 ■ Aaction Rents has a total of 4 employees;
33 ■ Garton Tractor has 3 employees;
34 ■ Garton Tractor and Aaction Rents would together have 14 to 16 customers per day; and
35 • Customer visits would be staggered throughout the day.
36
37 Should the number of employees and/or customers increase, the employees would be required to
38 utilize the area identified on the plans as"employee parking."
39
40 4. The proposed signs, as conditioned, are consistent with the requirements of the Sign Ordinance
41 as described in Table 3 of the staff report. The proposed freestanding sign and building mounted
42 sign that would be located along Highway 101, as conditioned, are consistent with of the required
43 findings for a Site Development Permit pursuant to zoning ordinance section 9263 (e) based on
44 the following.
45
46 A. The proposed signs are consistent with the gateway policies of the General Plan in that
47 the signs are similar in deign to the signs that have been approved along the Highway 101
48 gateway.
49
50 B. The location, size and intensity of the signs will not create a hazardous situation for
51 pedestrian or vehicles in that it is set away from both the flow of traffic and pedestrian
52 walkways. Furthermore the proposed sign is consistent with what had been previously
53 approved for this site.
54
MINUTES OF THE PLANNING COMMISSION September 22, 2010
Page 3
1 C. One sign will be mounted on an existing building so it will have no impact on the
2 surrounding neighborhood, buildings, or uses. The freestanding sign is not large enough
3 to restrict light or air and or hinder development of neighboring parcels.
4
5 D. There are no residential zoning districts adjacent to the project site.
6
7 E. There are no natural features on the site that would be affected. One sign will be
8 mounted to the building and one sign will be freestanding and located in an area that will
9 be landscaped as part of this project.
10
11 5. The project, as conditioned, is compatible with surrounding uses in that the properties to the
12 north and east are developed with a construction yard and office space for the construction
13 businesses. The property to the east includes a mix of uses, including a cabinet shop, race car
14 use, and office space. All of these uses include the outdoor storage of materials and vehicles.
15
16 6. The proposed project, as conditioned, will not be detrimental to public health, safety and general
17 welfare based on the following:
18
19 A. The project has been reviewed by the Fire Marshal, Police Department, Building Official,
20 and Public Works and found to be meet City and other applicable requirements.
21
22 B. The project site has access via an easement from Hastings Road. In the past this
23 easement provided access to a more intensive use (Thurston Honda). There were no
24 reported problems related to site access.
25
26 C. The project is required to comply with all federal, state and local laws. The applicant has
27 provided information as to compliance with applicable requirements.
28
29 7. The proposed project is exempt from the provisions of the California Environmental Quality Act
30 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures,
31 which allows structures up to 10,000 square feet in urbanized areas when the use does not
32 involve significant amounts of hazardous materials, where all necessary public services and
33 facilities are available, and the surrounding area is not environmentally sensitive; and Section
34 15304 (b), Minor Alterations to Land, which allows new landscaping based on the following:
35
36 A. The total building square footage is 7,316 square feet. The showroom building that would
37 be used for the rental equipment and office is 4,116 square feet. The detached building
38 that would be used for equipment repair and maintenance and would include up to 860
39 square feet of office space is 3,200 square feet.
40
41 B. The business does not use large amounts of hazardous materials. The project, including
42 a materials list, was reviewed by the Fire Marshal who provided no comments or
43 conditions related to the project.
44
45 C. The location is not environmentally sensitive since only a portion of the site is located in
46 the 100-year floodplain, there is no habitat on the site, no trees, and no drainage courses
47 or bodies of water(such as creeks or streams). This use permit does not include use of
48 the area of the site located in the 100-year flood plain.
49
50 D. The site is developed with two existing buildings which will be used by Aaction Rents and
51 Garton Tractor. Public utilities and services already are available at the site and no
52 expansion of the existing buildings is proposed as part of the project.
53
54 E. The site has existing landscaping that was required as part of the Auction Rents Use
55 Permit. Additional landscaping which includes the planting of trees and shrubs is part of
56 this project.
MINUTES OF THE PLANNING COMMISSION September 22, 2010
Page 4
1
2 9. Notice of the proposed project was provided in the following manner as required by the Zoning
3 Ordinance:
4
5 A. Posted in three places on the project site on September 10, 2010.
6 B. Mailed to property owners within 300 feet of the project site on September 10, 2010.
7 C. Published in the Ukiah Daily Journal on September 12, 2010.
8
9
10 Garton Tractor and Auction Rents
11 Master Use Permit Conditions of Approval
12 1400 Hastings Road, APN 180-070-18
13
14 1. Approval is granted for Aaction Rents and Garton Tractor to share the property at 1400 Hastings
15 Road and to allow the operation of a farm equipment sales and service business and to allow
16 Aaction Rents to operate an equipment rental business and to expand their previously approved
17 outdoor display area for rental equipment as described in the project description and plans
18 submitted to the Community Development and Planning Department except as modified by the
19 following conditions of approval.
20
21 2. This Use Permit is granted subject to the following hours of operation:
22
23 ■ Monday through Friday 6:00 AM to 6:00 PM
24 ■ Saturday and Sunday 7:00 AM to 6:00 PM
25
26 3. Plans submitted for building permit shall include the following and are subject to staff review and
27 approval:
28
29 A. A landscaping plan that includes the extension of the same landscaping at the south end
30 of the property along the south property and ending at the east property line. The
31 landscaping shall be similar to the existing excluding the "boulders" and lights. The trees
32 proposed as part of the Garton landscaping plan distributed to the Planning Commission
33 at the September 22, 2010 meeting shall be included on the landscaping plan.
34
35 B. An irrigation plan for the approved landscaping plan.
36
37 C. Notes on the plans that indicate that the parking spaces designate for the employee and
38 shown on the site plan be covered with a durable all weather dust free surface.
39
40 4. Prior to installation all signs require application for and approval of a Sign Permit from the
41 Planning and Community Development Department.
42
43 5. All landscaping shall be installed prior to occupancy of the building is issued.
44
45 6. If the number of employees and/or customers increase, the employees shall be required to utilize
46 the area identified on the plans as"employee parking."
47
48 7. All Conditions of Approval from Use Permit 10-02 remain in full force and effect.
49
50 8. The lighting for the project shall comply with the following:
51
52 A. After operating hours the exterior lights shall be on motion sensor.
53 B. After hours, the interior showroom lights shall be on low in order to address security
54 concerns while limiting light pollution.
55 C. If security is a problem, the applicant may request additional exterior lighting consistent
56 with the above. The applicant shall make the request for additional lighting in writing
MINUTES OF THE PLANNING COMMISSION September 22, 2010
Page 5
1 which shall include a description of the security/theft issues. The additional lighting shall
2 be reviewed by the Planning Department as part of the building permit required for the
3 additional lighting if a building permit is required or, if no building permit is required, the
4 written request and lighting plan will be reviewed by the Planning Department.
5
6 9. Expansion into area #3 is subject to Planning Department review and approval and shall comply
7 with all applicable local, state and federal regulation in place at the time of the expansion request is
8 made.
9
10 10. On plans submitted for building permit, these conditions of approval shall be included as notes on
11 the first sheet.
12
13 From the Planninq Commission
14
15 11. On the plans submitted for building permit the trees proposed for the area to be landscaped by Garton
16 Tractor shall be as shown and identified on the plans presented at the September 22, 2010 Planning
17 Commission meeting.
18
19 From the Department of Public Works (Ben Kageyama)
20
21 12. Applicable Ukiah Valley Sanitation District sewer connection fees shall be paid at the time of building
22 permit issuance.
23
24 From the Fire Marshal ( Chuck Yates):
25
26 13. A minimum 20' clear area behind the maintenance building must be maintained along with access
27 to the building west of the parcel for emergency responders.
28
29 14. In locations where flammable vapors could be present, precautions shall be taken to prevent ignition
30 by eliminating or controlling sources of ignition. Open flames and high-temperature devices shall not
31 be used in a manner which creates a hazardous condition. Heating equipment shall be of a type
32 approved for hazardous locations (CFC 3403.5). Exhaust systems shall be provided if there are
33 flammable vapors and vented according to manufacturer's requirements.
34
35 15. Portable fire extinguishers are required: one (minimum), classification 2:A10:BC extinguisher spaced
36 for each unit and for each 3000 square feet of floor space, with travel distance to any fire extinguisher
37 not to exceed 50 feet(California Code of Regulations, Title 19, Sec. 568, table 2 and 3).
38 Extinguishers are to be located in accessible and visible locations, mounted not more than five feet
39 above floor level (NFPA Page10-9, Chap. 3)Where extinguishers are not readily visible from all
40 directions within 50 feet, a sign shall be placed above the location of the extinguisher stating "FIRE
41 EXTINGUISHER."A minimum of four extinguishers will be required for this location.
42
43 Please Note: A secured emergency access key system ( Knox Box System) is recommend for this
44 building. Contact Ukiah Fire Department for information and application (CFC 506.1) Application is
45 available from the Fire Bureau.
46
47 From the Buildinq Official ( David Willouqhbv)
48
49 16. Building permits required for tenant improvements and signs.
50
51 Standard Citv Conditions of Approval
52
53 17. Business operations shall not commence until all permits required for the approved use, including
54 but not limited to business license, tenant improvement building permit, have been applied for and
55 issued/finaled.
56
MINUTES OF THE PLANNING COMMISSION September 22, 2010
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1 18. No permit or entitlement shall be deemed effective unless and until all fees and charges
2 applicable to this application and these conditions of approval have been paid in full.
3
4 19. The property owner shall obtain and maintain any permit or approval required by law, regulation,
5 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
6 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
7 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
8 and issued.
9
10 20. A copy of all conditions of this Use Permit shall be provided to and be binding upon any future
11 purchaser, tenant, or other party of interest.
12
13 21. All conditions of approval that do not contain specific completion periods shall be completed prior to
14 building permit final.
15
16 22. This Use Permit may be revoked through the City's revocation process if the approved project
17 related to this Permit is not being conducted in compliance with these stipulations and conditions
18 of approval; or if the project is not established within two years of the effective date of this
19 approval; or if the established use for which the permit was granted has ceased or has been
20 suspended for 24 consecutive months.
21
22 23. This approval is contingent upon agreement of the applicant and property owner and their
23 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
24 agents, officers, attorneys, employees, boards and commissions from any claim, action or
25 proceeding brought against any of the foregoing individuals or entities, the purpose of which is to
26 attack, set aside, void or annul the approval of this application. This indemnification shall include,
27 but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may
28 be asserted by any person or entity, including the applicant, arising out of or in connection with
29 the City's action on this application, whether or not there is concurrent passive or active
30 negligence on the part of the City. If, for any reason any portion of this indemnification
31 agreement is held to be void or unenforceable by a court of competent jurisdiction, the
32 remainder of the agreement shall remain in full force and effect.
33 24. All required landscaping shall be properly maintained to insure the long-term health and vitality of
34 the plants, shrubs and trees. Proper maintenance means, but is not limited to the following:
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 B. Additional watering shall occur during long periods of severe heat and drying winds,
38 and reduced watering shall be used during extended periods of cool rainy weather.
39 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic
40 fertilizer according to the recommendations of a landscaping professional.
41 D. Weed killers shall not be used on or near trees.
42 E. The tree ties and stakes shall be checked every six months to ensure they do not
43 constrict the trunks and damage the trees.
44 F.Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not damage
45 the trunk of the tree and its overall growth.
46 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including
47 vandalism, shall be replaced with the same or similar tree species, or an alternative
48 species approved by the department of Planning and Community Development.
MINUTES OF THE PLANNING COMMISSION September 22, 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 and
3 vitality of the tree.
4 I. Failure to comply with the requirements listed above could result in revocation of the Use
5 Permit/Site Development Permit.
6 25. This approval is contingent upon agreement of the applicant and property owner and their
7 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
8 agents, officers, attorneys, employees, boards and commissions from any claim, action or
9 proceeding brought against any of the foregoing individuals or entities, the purpose of which is to
10 attack, set aside, void or annul the approval of this application. This indemnification shall include,
11 but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may
12 be asserted by any person or entity, including the applicant, arising out of or in connection with
13 the City's action on this application, whether or not there is concurrent passive or active
14 negligence on the part of the City. If, for any reason any portion of this indemnification
15 agreement is held to be void or unenforceable by a court of competent jurisdiction, the
16 remainder of the agreement shall remain in full force and effect.
17
18 9B. GreeotYs Sign Variance File No.: 10-09-VAR-PC. Request for approval of four variances from
19 the Sign Ordinance to allow a sign to be located on the roof of the GreeotYs Wheel & Brake
20 building, 1340 South State Street, 003-472-12.
21 The applicant is requesting this item be continued to the October 13, 2010 meeting.
22
23 It was the consensus of the Commission to continue this project to the October 13, 2010 meeting.
24
25 10. UNFINISHED BUSINESS
26 10A. Downtown Zoning code Workshop Updated. Update on the next steps in the Draft Downtown
27 Zoning Code review process.
28 Staff presented the Commission with a new Downtown Zoning Code Workshop Schedule.
29
30 There was Commission discussion regarding how best to proceed.
31
32 11. PLANNING DIRECTORS REPORT
33 Planning Director Stump reported:
34 1. Provided an update on the Courthouse relocation project and noted the Railroad Depot
35 and Standley Street parking lot sites are the two primary sites being considered.
36 2. HCD has responded to the recent submittal of the General Plan Housing Element update
37 with suggestions as to how to proceed for compliance with State law in this regard. The
38 City Council will review and approve the final product.
39 3. The Clara Court project will move forward. The project was delayed because of funding
40 issues that have now been resolved.
41 4. Branches, the new restaurant in the AIP should be opening soon.
42 5. The Sears project has broken ground and the building permits for grading and site
43 preparation are being issued.
44 6. The Skate Park project is progressing.
45 7. The new substation is also progressing and briefly explained the site preparation that
46 needs to be done in compliance with the project conditions of approval before
47 construction can begin.
48 8. The City Public Works Department has been very busy with projects that include Clara
49 Avenue, South Dora Street, Babcock Lane/Gobbi Street and others.
50 9. Interest has been expressed in an affordable senior housing project for the former Trinity
51 School for Children property.
52 10. Interest has also been expressed for a possible senior affordable housing project on
53 Cleveland Lane.
54 11. In terms of economic development, the Planning Department is working with the Solar
55 Living Institute and the Green Works Program and corresponding solar voltaic classes
MINUTES OF THE PLANNING COMMISSION September 22, 2010
Page 8
1 that are being offered. At the end of the class sessions, students are asked to complete a
2 survey that ask a variety of questions to include how much students spend on lodging,
3 food and in retail stores.
4 12. Planning staff are diligently working on updating the City Facade Improvement Program
5 and with creating a Business Improvement Program.
6 13. The Planning Commission will again receive a stipend that has been allotted in the
7 Budget for fiscal year 2010-11.
8 14. There will be changes to the State Building Code in January 2011 that will include new
9 `green building standards.'
10 15. Important for the DZC document to be completed if possible by the end of this year.
11 16. Provided an update on the Walmart Expansion EIR.
12 17. The Mendocino County Airport Land Use Commission will conduct a public meeting
13 about the B2 infill areas on September 27.
14
15 12. PLANNING COMMISSIONERS' REPORT
16 Commissioner Sanders:
17 • The final draft of the Tree Management Guideline document is being reviewed by the Tree
18 Advisory Group. POSC, PRGC and Planning Commissions will have the opportunity to review
19 this document and make comments for final review by City Council.
20 • Announced there is a crew that will conduct a water conservation tour for the City on Saturday,
21 October 2.
22 • Advised of the Orr Creek clean up to be held Saturday, September 25 at the small Orr Creek
23 bridge.
24
25 Chair Pruden:
26 • The fa�ade improvements have been completed for the former Joseph Jewelry building. She will
27 complete the Jazz ceiling painting, which was part of the improvement project.
28 • The owner of the `antique mall' building in the Downtown has been contacted about allowing for a
29 food/wine tasting/gift shop venue in this building.
30 • The City Main Street Program will be conducting quarterly Downtown clean up of cigarette butts
31 and other litter.
32
33 13. ADJOURNMENT
34 There being no further business, the meeting adjourned at 7:36 p.m.
35
36
37 Judy Pruden, Chair
38
39 Cathy Elawadly, Recording Secretary
40
41
42
43
44
MINUTES OF THE PLANNING COMMISSION September 22, 2010
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