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HomeMy WebLinkAboutpcm_01142009 MINUTES CITY OF UKIAH PLANNING COMMISSION January 14, 2009 MEMBERS PRESENT OTHERS PRESENT Judy Pruden, Chair Listed below, Respectively Anne Molgaard, Vice Chair Linda Sanders Mike Whetzel STAFF PRESENT MEMBERS ABSENT Charley Stump, Director of Planning None Kim Jordan, Senior Planner Jennifer Faso, Associate Planner Tim Eriksen, Director of Public Works Sage Sangiacomo, Director of Community Services Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 2. ROLL CALL Roll was taken with the results listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited the Pledge of Allegiance. 4. SITE VISIT VERIFICATION - N/A 5. APPROVAL OF MINUTES—October 8, 2008 8� November 12, 2008 October 8, 2008 minutes, page 3, paragraph referencing the `Motion' should reflect the `Motion carried.' M/S Molgaard/Sanders to approve the October 8, 2008 minutes, as amended and to approve the November 12, 2008 minutes, as submitted. Motion carried with Commissioner Whetzel abstaining. 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS- None 7. APPEAL PROCESS- N/A 8. VERIFICATION OF NOTICE—Director of Planning Stump advised tonighYs Work Session was advertised. 9. WORK SESSION 9A. Tree Preservation: An Examination and Discussion of Existing City Policies and Tools 6:06:21 PM Director of Planning Stump provided an a brief overview concerning the intent of the `Work Session' and addressed existing policies and the tools/document resources the City has that pertain to trees, tree planting, and tree preservation. He asked the Commission and public to discuss and provide input for the development of a method/procedure for using the existing policies including the possibility of developing a tree ordinance, as well as directives for effective future application. MINUTES OF THE PLANNING COMMISSION January 14, 2009 Page 1 Director of Public Works Eriksen commented on the matter of street trees from a public works/engineering perspective/approach and stated it used to be City crews had the authority to remove `anything' that poses a traffic hazard and/or safety concern on the public right-of-ways. The current City Engineering Department works with the Path, Creeks, and Open Space Commission and other boards/committees/organizations having an interest in the local environment and corresponding habitats. With regard to street trees, City crews and staff recognize trees are a very important resource and they are sensitive to the preservation/maintenance to the best of their ability/knowledge. From a budget standpoint, administrative decisions have to be made whether it would be financially feasible to save a tree versus removal. The City Planning, Engineering and Community Services Departments are working together to promote/improve the quality of life and enhance the community's image/pride by questioning/evaluating policies/directives that affect the environment and urban form as they relate to landscaping, streetscapes, and the urban forest. Director of Planning Stump added the City Public Works Department planned for and worked with volunteers/organizations for the planting of street trees along State Street. Chair Pruden commented in addition to the Planning and Public Works Departments, the Community Services Department is also involved with landscaping/urban forest and environmental issues having potential significant impacts on the community. Chair Pruden/Director of Planning Stump reiterated the aforementioned departments are working together to promote/preserve the quality of life for persons living in Ukiah by striving to improve/evaluate/make more effective and efficient the ways/methods policies and programs operate. Chair Pruden recommended the Commission and the public discuss and make comments regarding the excerpts from existing City documents provided for in the staff report. Staff indicated some of the street trees on State Street are vandalized and often have to be replaced. Chair Pruden commented business owners make the mistake of pruning street trees too much and damage them. General Plan Open Space Conservation Element Staff/Commission/public comments: • Changes in language to the Ukiah General Plan would occur in the form of an amendment. • Bruni Kobbe —With regard to the Ukiah General Plan there is a need to move forward with making the implementation measures associated with the goals/policies/implementing programs of the Plan a reality relative to the matter of tree species, incorporating landscaping standards for new development and redevelopment projects, and preservation and maintenance for assurance of good health as provided for in Goal OC- 25, Policy OC-25.1, Implementation Measure OC-25 1a. It may be beneficial to combine planting and maintenance goals and other relevant tree issues with parks and creek development, as well as look at relevant sections of the Ukiah General Plan in terms of possible outdated concepts and information. • Staff addressed General Plan Policy OC-25.1 and stated the City has been more concerned with planting trees and ensuring that parking lots for developments have sufficient canopies of shade trees and landscaping aesthetics rather than placing emphasis on long-term management. The Planning Commission has been exploring and recommending ways to promote the health and safety of trees for developments, such as consideration given for the application of bio-swales, permeable asphalt, use of enriched soils and wider/deeper planter areas that can effectively accommodate trees to promote health and maturity. • The Community Forest Management Plan (1994) addresses the need to develop landscaping standards requiring compliance for permit approval, the need to protect existing trees/define `Heritage' trees and possibly formulate an ordinance for the protection thereof, ways to protect riparian areas, promote energy conservation through the use of trees and other relevant policies/goals/implementation measures to reclaim, restore and protect trees as a viable renewable resource. MINUTES OF THE PLANNING COMMISSION January 14, 2009 Page 2 • Having a list of native plant and tree species would be helpful. • Commissioner Whetzel - The perception toward trees as a valuable resource has likely changed overtime since the documents referenced in the staff report were written/adopted. There is a need to increase the urban canopy. • Trees on private property are a different matter. There is no rule/regulation protecting trees on private property other than educating the public and/or convincing the property owner that it may be more expensive in the long run to replace the vegetation and trees in an effort to convey the importance of retaining healthy trees. A property owner can essentially `clear-cuY property without sustaining penalties/fines. The City and Planning Commission does not typically get involved unless a property owner files an application to develop the property, which is subject to the discretionary review process. It is at this point that property owners are required to comply with landscaping standards and the corresponding project conditions of approval. Also, at this time the layout of the property is assessed and a determination made as to the significance of existing trees on the property. • This community has good nurseries knowledgeable about native and non-native trees that can thrive in Ukiah. • There was discussion about the removal of significant Oak trees along North State Street. • Chair Pruden - The Ukiah General Plan is a constitution enumerating specificity as to goals and policies wherein due diligence has not been given for the implementation measures of the policies set forth. • Staff - The establishment of an implementing measure program for the many goal and policies of the Ukiah General Plan is a rigorous, time-consuming and expensive process wherein prioritization is necessary. • Pete Passof - Has an educational background and professional expertise in forestry and watershed management. While he is not particularly informed about urban forest issues and management, he recognizes the need for an ordinance. The matter of trees is a technical subject and requires education and understanding. He supports having a recognized list of arborists or urban foresters or specialists in this capacity available as a matter of City policy to make determinations about trees. • Director of Planning Stump - The City utilizes the services of arborist John Phillips from time to time and explained the City has little funding in this regard. Communitv Forest Manaqement Plan/Tree Protection and Enhancement Policv/Commercial Development Desiqn Guidelines, Tree Plantinq and Maintenance Recommendations/Landscapinq and Streetscape Desiqn Guidelines/Article 2, Chapter 5, Ukiah Citv Code: Street Tree Policv, Purpose and Intent comments: • Page 2 of the Community Forest Management document, Policy 1c(b), Define Heritage Tree Program and Develop an Ordinance for Heritage Trees, implementation measure 1c(2)states that a committee can be established to develop an ordinance. Mendocino ReLeaf and Friends of Gibson Creek are skilled about making determinations concerning trees. • An oversite committee will likely become part of the process. • Bruni Kobbie - Supports formulating a five-member commission to include public volunteers, POSC members and/or tree experts and functions somewhat formally that can work on a heritage tree ordinance. The City of Davis has very good criteria as to what constitutes a heritage tree. • Director of Planning Stump - Supports creating a draft tree ordinance, but is unable at this time to dedicate a lot of staff time to this endeavor. Staff will assist by meeting with a committee/commission to review and provide directives concerning an ordinance. • Chair Pruden -There are three categories of City or developed-area trees for which interest in protection has been express and they include street trees, park trees, and stately trees. Street trees are mostly regulated by the Public Works Department and sometimes by the Planning Commission. Park trees are located on public property wherein the Planning Commission has no authority and does not regulate. Stately trees are located entirely on private property. For commercial properties or projects involving a major use permit or site development permit, the Planning Commission does regulate the associated landscaping for MINUTES OF THE PLANNING COMMISSION January 14, 2009 Page 3 the project. There are specific landscaping standards required for approval of development projects through the discretionary review process to make certain trees/vegetation thrive, particularly parking lot trees and that the species selected will do just that. Such standards provide for continuous planter strips, the taking out of curbing where necessary and the application of special techniques/materials that are pedestrian/environmentally and structurally friendly. Some cities utilize the technique of bio-remediation for parking lots. Street trees should be planted in trees wells of sufficient width and depth and on the inside of the sidewalk. • Director of Public Works Eriksen — His department encourages developers to use structural soils for projects to help trees mature and reach the desired canopy, as well as promote the longevity of the sidewalks. Measures to control water runoff in parking lots are also encourage through the use of permeable asphalt and bio-swales so this water is better cleansed before it reaches the City storm drain system. His department highly supports `green'thinking and use. • Commissioner Whetzel - The logical process would be for the Planning Commission to review the draft tree ordinance prior to approval by City Council. A subcommittee could be formulated under the Planning Commission. • Chair Pruden - One of the roles of the Design Review Board (DRB) is to act as an advisory body in terms of the design aspects for projects to the Planning Commission. Similarly, a tree committee can act in an advisory capacity to the Planning Commission. There is dedication once a committee is established. She supports having a volunteer program for the purpose of looking at issues/documents concerning trees. There is an existing draft for a street tree ordinance that is incomplete. • Director of Planning Stump - Council would be sensitive about associated costs for projects that are not necessarily a priority matter at this time, but open to discussions and/or exploring community interest relative to policies concerning tree protection and enhancement. • Susan Knopfs — Concerned with the process of determining how best to move forward on a tree ordinance would postpone/further delay this need. • There is a need for a volunteer group that understands what is going on. • A citizen's group may get things done faster as opposed to a more formal commission or subcommittee of the Planning Commission. • Mary Anne Landis — The exiting documentation concerning trees is quite comprehensive and very difficult to read and therefore, does not offer the guidance that it should. The existing documents need to be cohesive without the randomness. A methodology should be in place for examining the existing tree documents as to strengths/weaknesses and concerns in order to propose solutions. • Chair Pruden—Mendocino ReLeaf has grant funding to reformat documents. • Reference/policy documents and/or an ordinance should be attractive, cohesive and readable. One document would be sufficient as opposed to many. • Pete Passof— Having an editor is the key element for reformatting a document. • Commissioner Sanders —There is interest from the public and the Planning Commission in establishing a landmark tree ordinance and formulating a committee/commission to review the documents currently in use regarding tree care and preservation. There is also interest from Mendocino ReLeaf in developing a document that is much more user friendly, attractive and easier to read. She is hopeful an agreement will be reached at this working session how best to proceed. • Director of Community Services Sangiacomo —The matter of safety is a primary concern with regard to trees in parks in which the public expects to see/enjoy a natural forest setting. City crews want to do the right thing when it comes to tree care. The Forest Management Plan encompasses a section on reforesting park areas, which is helpful for the Parks Department to assist with a plan for replanting to avoid a piecemeal approach wherein a tree is planted to replace one that had to be removed. There is a huge interest in maintaining/preserving an urban forest and supports moving forward on drafting a tree ordinance. In his opinion, volunteer groups rather than more formal commissions/subcommittees having a bureaucratic connection have the potential for greater MINUTES OF THE PLANNING COMMISSION January 14, 2009 Page 4 flexibility and the ability to more easily proceed with a plan and process of formulating an ordinance once they understand what is necessary. Mendocino ReLeaf has this kind of understanding and is an active organization. • Director of Public Works Eriksen - It may be that the first order of business should be to draft a heritage tree ordinance for City property only, which would likely be less controversial and progress from this point to plans and/or an ordinance having greater controversial. There was a brief discussion concerning trees in general and parking lot trees, particularly in the Wal- Mart parking lot. Commissioner Molgaard inquired whether staff can request Wal-Mart plant new tree species that would thrive better at this location. Staff responded the project conditions of approval for Wal-Mart relative to landscaping is likely different from what would be currently required in this regard. Wal-Mart can be approached whether they would be amenable to planting other types of trees better conducive for parking lots. The followinq questions were asked: • What kind of forum/structure/strategy is necessary to get the job of creating an ordinance completed without extensively infringing on staff time? • Should the forum include a five member commission or committee appointed by City Council, subcommittee of the Planning Commission or citizen's advisory group? • What kind of formulized process is necessary in which help from the community should be a consideration? • What should be the level of review? • How can the process be effectively streamlined? • What mechanisms should be established by staff so that the public's energy is not unnecessarily expended? • How comprehensive should a tree ordinance be? • Should an ordinance cover other trees in the existing three categories in addition to heritage trees? • Should green thinking concepts and application be put into policy? • Should there be a pruning code as a result of what has occurred to the Olive trees in the Wal-Mart parking lot? • How can citizens groups be effective in conjunction with the existing political process/ bureaucracy? The followinq recommendations were made: • Conduct an inventory and survey the existing trees in the community for the purpose of gaining a perspective on what standards could possibly be created for the private sector to preserve and protect heritage and other indigenous and mature for native and non-native trees. The community can perform this function. • While City documents pertinent to trees and tree preservation have validity, condense the information and easier to read/understand. • Work on developing a tree committee to include discussions about planting, maintenance/care, the Ukiah General Plan goals, policies and implementation programs concerning tree conservation/replenishment/retention to enhance the beauty of the community, better understanding of the long term effects having the potential to increase property values/ maintain/preserve the Valley's unique ecological systems/provide for a tempering effect on temperatures/improve air quality/reinforce City and neighborhood identity/encourage quality development, review and possible revision of landscaping standards for new developmenUredevelopment projects, trees as a vital resource to sustain quality of life in a community, preservation of heritage trees and identification of elements that would be included in a draft tree ordinance. • A document for tree care and protection should have continuity by defining the structure, identifying what is existing/missing or of concern and proposing solutions that a committee or commission can address in order to format a document. MINUTES OF THE PLANNING COMMISSION January 14, 2009 Page 5 • Contact Mendocino ReLeaf and Friends of Gibson Creek to meet and talk about corroborating in support of developing a better management plan for Ukiah's urban forest. • Encourage interested persons to get started on forming a citizen's advisory group and/or Ad Hoc Committee/charter comprised of public members and/or members of Mendocino ReLeaf/Friends of Gibson Creek and other persons desiring to assist with a draft tree ordinance for review by the Planning Commission and adoption by City Council and establish a long-term plan for Ukiah's urban forest. • Provide citizen group progress to City Council and consult with staff/Planning Commission when necessary and/or to receive directives. • Review existing tree documents and make recommendations to staff/Planning Commission/City Council concerning new and/or amended polices as they relate to street trees, park trees, and private sector trees, including heritage trees pertinent to all three of these categories. 10. ONGOING EDUCATION 10A. Trees and Carbon Sequestration, www.coloradotrees.orq, 2008 The above-referenced publications are for the Commissioner's information. 11. PLANNING DIRECTOR'S REPORT 1. A building permit has been issued for the Planning Commission approved transitional housing project for the Ford Street Project that will move forward in spite of problems with State funding for this project. 2. The Clara Street project will not move forward at this point due to State funding problems for this project. 3. S.P.A.C.E. will move forward with their project in two phases. 4. KOHL's is planning to relocate to the former Mervyn's building and make the necessary improvements thereof. 5. Staff continues to work on the Form Base Zoning/SmartCode project wherein the revised draft will be available shortly. 6. The matter of possible relocation of the Ukiah Courthouse is being considered. The City is hopeful the Courthouse will remain at its current location. 7. The Municipal Review and Sphere of Influence project is making progress with LAFCO and additional meetings are planned for later this month. 8. The Housing Element Update is technically due in December 2009. However, new information will not be available until after the 2010 Census. Staff is in contact with State HCD about requesting an extension, since there is no new information available for the update. 9. The City is making considerations concerning economic growth and development and is interested in bringing back industry as opposed to focusing on retail-commercial developments. The Railroad has plans to reconvene operation in some locations. 10. Considerable interest has been expressed in green building and the accompanying programs and educational resources available to learn more about this subject. 12. PLANNING COMMISSION REPORTS - None 13. ADJOURNMENT There being no further business, the meeting adjourned at 8:16:23 PM. Judy Pruden, Chair Cathy Elawadly, Recording Secretary MINUTES OF THE PLANNING COMMISSION January 14, 2009 Page 6