HomeMy WebLinkAboutpcm_12202010 1 UKIAH PLANNING COMMISSION
2 December 20, 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 Kim Jordan, Senior Planner Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by
19 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
20 Ukiah, California.
21
22 2. ROLL CALL
23
24 3. PLEDGE OF ALLEGIANCE - Everyone cited.
25
26 4. SITE VISIT VERIFICATION - Site verification was confirmed.
27
28 5. APPROVAL OF MINUTES— N/A
29
30 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
31 None.
32
33 7. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting,
34 the final day to appeal is January 3, 2010.
35
36 8. VERIFICATION OF NOTICE — Ukiah Valley Association of Habilitation (U.V.A.H) Use Permit No:
37 10-20-UP-PC was properly noticed in accordance with the provisions of the Ukiah Municipal Code.
38
39 9. PUBLIC HEARING
40 9A. Ukiah Valley Association of Habilitation (U.V.A.H) Use Permit File No: 10-20-UP-PC.
41 Request for approval of a Major Use Permit to allow U.V.A.H to operate a non-residential
42 community care facility for 13 adults with developmental disabilities at 915 South Dora Street,
43 APN 003-071-09.
44
45 Associate Planner Faso gave a staff report.
46
47 PUBLIC HEARING OPENED: 6:11 p.m.
48
49 Commission: Where will the trash dumpster be stored? How will recycling be handled?
50
51 James Welsh: Referred to the site plans and noted a shed located in the southwest portion of the
52 parking area will be used for storage of the trash and recycling containers. Trash and recycling containers
53 will be used instead of a dumpster. The former use had this same procedure.
54 Commission:
Minutes of the Planning Commission December 20, 2010
Page 1
1 • Was pleased to note a bike rack will be provided.
2 • Asked if the applicant would be amenable to possibly expanding the hours of operation and hours
3 for drop-off and pick-up.
4 • The recommendation for the hours of operation is 7:00 a.m. to 5:00 p.m. and the drop-off/pick-up
5 times staggered between 7 and 9 a.m. and 3 and 5 p.m. as opposed to specifically regulating
6 these hours.
7 • Allowing for flexibility regarding hours of operation and times for drop-off/pick-up lets the
8 neighborhood know the applicants will do what they say they will do, but without being so specific
9 to possibly generate neighborhood complaints because the applicants did not comply with the
10 hours of operation as conditioned. In this way, the applicants would not be required to necessarily
11 operate during these hours and allows them to adjust their schedule and have the flexibility to do
12 so and still comply with the project conditions in this regard.
13
14 James Welsh agreed with the aforementioned approach regarding hours of operation and hours of drop-
15 off/pick-up.
16
17 PUBLIC HEARING CLOSED: 6:21 p.m.
18
19 M/S Molgaard/Whetzel to approve Use Permit No. 10-20-UP-PC with Findings 1-9 and Conditions of
20 Approval 1-21 with modification to Condition of Approval No. 2. Motion carried (5-0).
21
22 Ukiah Valley Association for Habilitation (U.V.A.H.)
23 Use Permit Findings for Approval
24 915 South Dora Street, APN 003-071-09
25
26 The following findings are supported by and based on information contained in this staff report, the
27 application materials and documentation, and the public record.
28
29 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
30 Plan as described in Table 1 of the staff report.
31 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in
32 Tables 2 of the staff report.
33 3. The proposed project, as conditioned, is consistent with the purpose and applicable requirements
34 of the C-N zoning district based on the following:
35 a. With an approved use permit and based on the Determination of Appropriate use the
36 proposed project is a permitted use within the C-N zoning designation.
37 b. The proposed project meets the parking requirements of the zoning code in that the
38 project will provide 7 vehicle parking spaces and 1 bicycle parking spaces.
39 4. The proposed project, as conditioned, is compatible with surrounding land uses and shall not be
40 detrimental to the public's health, safety and general welfare based on the following:
41 a. The project is compatible with surrounding uses in that the proposed use is similar to and
42 less intensive than previous uses at that location.
43 b. The project has been reviewed by the Fire Marshal, Police Department, Building Official,
44 and Public Works and any requirements have been included as conditions of approval.
45 c. The project is required to comply with all federal, state and local laws.
Minutes of the Planning Commission December 20, 2010
Page 2
1 d. The project promotes the public health, safety, and welfare by providing a needed service
2 to the community of Ukiah.
3 5. The proposed project is exempt from the provisions of the California Environmental Quality Act
4 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures,
5 which allows structures up to 10,000 square feet to be converted from one use to another in
6 urbanized areas when the use does not involve significant amounts of hazardous materials,
7 where all necessary public services and facilities are available, and the surrounding area is not
8 environmentally sensitive.
9
10 a. The total building square footage is 3,140 square feet.
11
12 b. The business does not use large amounts of hazardous materials.
13
14 c. The location is not environmentally sensitive and no drainage courses or bodies of water
15 (such as creeks or streams).
16
17 d. The site is developed with an existing building which will be used by U.V.A.H, public
18 utilities and services already are available at the site and no expansion of the existing
19 buildings are proposed as part of the project.
20
21 9. Notice of the proposed project was provided in the following manner as required by the Zoning
22 Ordinance:
23
24 A. Posted in three places on the project site on December 10, 2010.
25 B. Mailed to property owners within 300 feet of the project site on December 10, 2010.
26 C. Published in the Ukiah Daily Journal on December 10, 2010.
27
28 Ukiah Valley Association for Habilitation (U.V.A.H.)
29 Use Permit Conditions of Approval
30 915 South Dora Street, APN 003-071-09
31
32 1. Approval is granted for the operation of a non-residential community care facility to provide
33 services for 13 adults as described in the project descriptions submitted to the Community
34 Development and Planning Department and as shown on the Site plan date stamped November
35 8, 2010 except as modified by the following conditions of approval.
36 2. This Use Permit is granted subject to the following operating characteristics :
37 � Non-residential day care services for 13 non-ambulatory adults with developmental
38 disabilities;
39 � Hours of operation 7:00 a.m. —5:00 p.m. Monday through Friday;
40 � Drop-off times shall be staggered between 7:00 —9:00 a.m.;
41 • Pick—up times shall be staggered between 3:00—5:00 p.m.;
42 • 14 employees operating from this location. 11 employees will be at this location all day and
43 three will check in get assignment and then work at various locations within the community.
Minutes of the Planning Commission December 20, 2010
Page 3
1 3. Plans submitted for building permit shall include the following and are subject to staff review and
2 approval:
3 a. Site plan that shows the location of one bike rack.
4 4. Sign permit is required prior to installation of any signage.
5
6 5. On plans submitted for building permit, these conditions of approval shall be included as notes on
7 the first sheet.
8
9 From the Department of Public Works (Ben Kaqeyama)
10
11 6. If the building permit value of work exceeds $102,960, of the proposed improvements create the
12 net addition of two or more plumbing fixture units to the building, the existing sanitary sewer
13 lateral shall be tested in accordance with Ukiah Valley Sanitation District Ordinance No. 1105,
14 and repaired or replaced if needed.
15
16 7. If the building permit value is equal to or greater than one-third of the value of the existing
17 structure, the construction or repair of curb, gutter, sidewalk, and street trees, along the subject
18 street frontage may be required, pursuant to Section 9181 of the Ukiah City Code.
19
20 From the Fire Marshal (Chuck Yates)
21
22 8. All applicable requirements of the Fire Marshall shall apply.
23
24 From the Building Official ( David Willoughby)
25
26 9. A permit is required to change the occupancy from an R-3 to an I-4. Provide three sets of plans
27 drawn to scale which include a floor plan and any details and section needed to show additional
28 work proposed to meet the occupancy standards for an I-4.
29
30 10. This building will need to meet all the requirements for accessibility according to the 2007
31 California Building Code, Division 1 for new buildings. This includes access from the public way,
32 accessible entrances and exits, accessible path of travel to all areas in the building and an
33 accessible bathroom for each sex.
34
35 11. Two exits are required with a minimum separation of'h the diagonal of the building or if sprinklered
36 1/3.
37
38 12. Illuminated exit signs with battery backup are required at each exit.
39
40 13. Egress illumination with battery backup is required.
41
42 Standard Citv Conditions of Approval
43
44 14. Business operations shall not commence until all permits required for the approved use,
45 including but not limited to business license, tenant improvement building permit, have been
46 applied for and issued/finaled.
47
48 15. No permit or entitlement shall be deemed effective unless and until all fees and charges
49 applicable to this application and these conditions of approval have been paid in full.
50 16. The property owner shall obtain and maintain any permit or approval required by law, regulation,
51 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
52 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy,
Minutes of the Planning Commission December 20, 2010
Page 4
1 and structural laws, regulations, and ordinances in effect at the time the Building Permit is
2 approved and issued.
3
4 17. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
5 future purchaser, tenant, or other party of interest.
6
7 18. All conditions of approval that do not contain specific completion periods shall be completed
8 prior to building permit final.
9
10 19. This Use Permit may be revoked through the City's revocation process if the approved
11 project related to this Permit is not being conducted in compliance with these stipulations and
12 conditions of approval; or if the project is not established within two years of the effective date
13 of this approval; or if the established use for which the permit was granted has ceased or has
14 been suspended for 24 consecutive months.
15
16 20. This approval is contingent upon agreement of the applicant and property owner and their
17 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
18 agents, officers, attorneys, employees, boards and commissions from any claim, action or
19 proceeding brought against any of the foregoing individuals or entities, the purpose of which is
20 to attack, set aside, void or annul the approval of this application. This indemnification shall
21 include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees
22 that may be asserted by any person or entity, including the applicant, arising out of or in
23 connection with the City's action on this application, whether or not there is concurrent passive
24 or active negligence on the part of the City. If, for any reason any portion of this indemnification
25 agreement is held to be void or unenforceable by a court of competent jurisdiction, the
26 remainder of the agreement shall remain in full force and effect.
27
28 21. This approval is contingent upon agreement of the applicant and property owner and their
29 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
30 agents, officers, attorneys, employees, boards and commissions from any claim, action or
31 proceeding brought against any of the foregoing individuals or entities, the purpose of which is
32 to attack, set aside, void or annul the approval of this application. This indemnification shall
33 include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees
34 that may be asserted by any person or entity, including the applicant, arising out of or in
35 connection with the City's action on this application, whether or not there is concurrent passive
36 or active negligence on the part of the City. If, for any reason any portion of this indemnification
37 agreement is held to be void or unenforceable by a court of competent jurisdiction, the
38 remainder of the agreement shall remain in full force and effect.
39
40 10. PLANNING DIRECTOR'S REPORT
41 None.
42
43 11. PLANNING COMMISSIONERS' REPORT
44
45 Commissioner Helland pleased with the newspaper article about changes to the Downtown by making it
46 more walkable and more pedestrian/business friendly, which will also have economic benefits associated
47 with these changes. A new study has demonstrated that lower vehicle ownership rates are associated
48 with lower mortgage default rates across all income groups so the more vehicles a person owns and the
49 more a person drives, the more likely he/she will default on home mortgage payments. Another finding of
50 the study demonstrates the benefits associated with a community providing for and encouraging
51 walkability. Furthermore, the study can determine how walkable a community is. Ukiah received a score
52 of 93 out of a 100 possible and Mendocino County received a score of 8 out 100.
53
54 Commissioner Whetzel wished everyone a happy and safe Christmas holiday.
Minutes of the Planning Commission December 20, 2010
Page 5
1
2 Commissioner Sanders:
3 • Attended the Ukiah Skate Park grand opening event and stated it was very nice.
4 • Inquired about the landscaping plans for the project and whether or not the plans discussed by
5 the Planning Commission will be followed.
6
7 Chair Pruden advised Sangiacomo Landscaping has donated their services, Releaf is paying for the
8 trees and as soon as approval has been given regarding the appropriate tree species, the first series of
9 plantings will begin weather permitting. She notified the City project manager for the Skate Park and
10 advised him the Planning Commission included landscaping conditions when the project was approved.
11
12 Commissioner Sanders:
13 • Provided the information regarding the number of trees in the Orchard Plaza parking lot relative to
14 the DZC.
15 • Was concerned that by prohibiting formula fast food establishments in the Downtown could
16 potentially have an economic impact on the City and recommended staff look at this issue more
17 closely and provide information before the complete DZC is presented to Council for review. In
18 other words, if commercial franchise restaurants are not wanted in the Downtown what would be
19 the economic impacts? Questioned if Starbucks, for example, wanted to come to the Downtown
20 is the language in the DZC that will be adopted able to adequately address this matter. She noted
21 this is the only area of the DZC where the Commission had differences of opinion. Having more
22 information ahead of time before Council reviews the complete DZC would be beneficial.
23
24 Commission noted this request may be statistically difficult and too time consuming for staff.
25
26 Commissioner Helland is aware of studies that look at the statistical economic differentials between
27 locally owned businesses versus commercial businesses, particularly with regard to fast food
28 establishments. She will provide this information to staff for review and consideration.
29
30 Commissioner Molgaard announced tonight is her last Planning Commission meeting. She thanked
31 Councilmember Thomas for appointing her to the Commission and stated it has been a pleasure to serve
32 with staff and the other Commissioners. She referred to an important document prepared by staff that
33 discusses how the City supports and encourages businesses because there is that tendency for citizens
34 to not always be happy with government and forget the great achievements government does for the
35 community.
36
37 ADJOURNMENT
38 There being no further business, the meeting adjourned at 6:36 p.m.
39
40
41 Judy Pruden, Chair
42
43 Cathy Elawadly, Recording Secretary
44
45
Minutes of the Planning Commission December 20, 2010
Page 6