HomeMy WebLinkAboutpcm_06102009 1 CITY OF UKIAH PLANNING COMMISSION
2 June 10, 2009
3
4 COMMISSIONERS PRESENT OTHERS PRESENT
5 Judy Pruden, Chair Listed below, Respectively
6 Anne Molgaard, Vice Chair
7 Linda Sanders
8 Mike Whetzel
9
10 STAFF PRESENT COMMISSIONERS ABSENT
11 Charley Stump, Director of Planning Linda Helland
12 Kim Jordan, Senior Planner
13 Cathy Elawadly, Recording Secretary
14
15 1. CALL TO ORDER
16 The regular meeting of the City of Ukiah Planning Commission was called to order by
17 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
18 Ukiah, California.
19
20 2. ROLL CALL
21
22 3. PLEDGE OF ALLEGIANCE
23 Everyone recited the Pledge of Allegiance.
24
25 4. SITE VISIT VERIFICATION -Site visits for agenda items 9A, 9B & 9C were verified.
26
27 5. APPROVAL OF MINUTES—April 10, 2009
28 The Commission noted the following:
29 • Chair Pruden was absent.
30 • The correct spelling of Dottie Coplan is Dottie Coplen.
31 • Page 2, Line 21, requested verification of spelling for term `trust arch-shaped' roof.
32
33 M/S Sanders/Whetzel to approve April 22, 2009 minutes, as amended. Motion carried with Chair
34 Pruden abstaining.
35
36 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS- None.
37
38 7. APPEAL PROCESS- For matters heard at this meeting, the appeal date is June 22, 2009.
39 6:04:38 PM
40
41 8. VERIFICATION OF NOTICE — Major Use Permit 09-27-UP-PC, Major Site Development
42 Permit 09-22-SDP-PC & Major Use Permit 09-19-UP-PC
43 were properly notice in accordance with the provisions of the Ukiah Municipal Code.
44 6:05:00 PM
45
46 9. PUBLIC HEARING 6:05:39 PM
47 9A. Use Permit 09-27-UP-PC, Westside Renaissance Market Sign at 1003 West Clay Street,
48 APNB 001-252-26. Request for approval of a Use3 Permit to allow the continuation of a non-
49 conforming sign in the Single Family Residential (R1)zoning district.
50
51 Staff presented the staff report.
52
53 Commissioner Molgaard inquired about the brightness of the sign and potential impacts to the
54 neighborhood in this regard. She supports that the sign be `reasonably' illuminated.
55
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 1
1 Staff indicated the UMC does not specify how strong the illumination should be and is of the opinion
2 the applicants are cognizant of the neighborhood and would take the appropriate measures to make
3 certain the brightness of the sign would not impact the neighborhood. Also, the applicants will not be
4 open late at night and the sign turned off whereby the matter of brightness and corresponding
5 impacts to the neighborhood should not be a problem.
6
7 Commissioner Molgaard further inquired about recourse in the event the use permit is approved
8 and the sign does impact the neighborhood.
9
10 Staff stated all complaints regarding the sign would be reviewed. A use permit can be revoked if it is
11 determined to be in violation of the project conditions of approval.
12
13 Chair Pruden stated the 1929 Sanborn Map was updated in 1950 and for every update there is what
14 is called a `paste-over' noting after the 1929 update and by 1950 a building was added to the lot. This
15 type of information is not available for electronic versions of the Sanborn Map so for purposes of the
16 staff report and information about the building, the building was non-existent in 1929 and added
17 sometime thereafter. Historical records indicate the building was constructed in 1936.
18
19 PUBLIC HEARING OPENED:6:12:58 PM
20
21 No one came forward. It was noted the applicants were unable to attend the public hearing for the
22 project because they were hosting an open house for the market. They requested discretionary
23 review forward on their behalf.
24
25 PUBLIC HEARING CLOSED: 6:13:26 PM
26
27 The Commission was in agreement with the staff's analysis and recommendation for approval
28 concerning the non-conforming sign use permit.
29
30 M/S Whetzel/Sanders to approve Major Use Permit 09-27-UP-PC with Findings 1-4. and Conditions
31 of Approval 1-6. Motion carried (4-0).
32
33 FINDINGS
34 1. The project is not subject to the requirements of CEQA because it can be seen with certainty
35 that there is no possibility that the re-furbishing and re-facing of the sign could have a
36 significant effect on the environment (CEQA Section 15061(b)(3). This conclusion is based
37 on the following facts:
38
39 • The project involves replacing the existing plastic and vinyl sign facing within the
40 existing sign structure.
41
42 • The project does not involve any disturbance of soil or removal or pruning of trees or
43 vegetation.
44
45 • The project would not create noise, air pollution, of water pollution because it only
46 involves re-facing of an existing sign.
47
48 • The project would not adversely impact any creek, stream or lake because none
49 existing in close proximity to the site and the project involves the re-facing of an
50 existing sign.
51
52 2. The subject property is unique because it is developed with the only true single family
53 residential neighborhood market left in the City.
54
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 2
1 3. The re-use of the sign would not be detrimental to the health, safety and general welfare of
2 the public for the following reasons:
3
4 • Besides the refurbishing of the sign, the project also includes re-anchoring it to the
5 building and ensuring that it would not pose a threat to the safety of pedestrians.
6
7 • The sign would remain the same size, shape, and would stay in the same location
8 that iYs been for the past 47 years without neighborhood or public complaint.
9
10 4. The project is consistent with the Ukiah General Plan Community Design and Historic and
11 Archaeological Elements because it helps to preserve the best of the past and the unique
12 setting in the West Clay Street neighborhood.
13
14 CONDITIONS OF APPROVAL
15
16 1. Prior to re-facing and refurbishing the existing sign, the applicants shall discuss the project
17 with the City's Building Official and secure a building permit if required.
18
19 2. All construction shall comply with all building, fire, electric and structural laws, regulations and
20 ordinances.
21
22 3. Prior to re-facing and refurbishing the existing sign, the applicants shall discuss the project
23 with the City Public Works Department and secure an encroachment permit if required.
24
25 4. The sign shall be refaced in substantial conformance with the plans, drawings, and
26 illustrations approved herein. Minor deviations may be approved administratively by the
27 Director of Planning and Community Development.
28
29 5. Except as otherwise specifically noted, this Permit shall be granted only for the specific
30 purposes stated in the action approving the Permit and shall not be construed as eliminating
31 or modifying any building, use, zoning or other requirements.
32
33 6. This approved Permit may be revoked through the City's revocation process if the approved
34 project related to the Permit is not being conducted in compliance with the stipulations and
35 conditions of approval; or if the project is not established within two years of the effective date
36 of approval; or if the established and use for which the permit was granted has ceased or has
37 been suspended for twenty-four(24) consecutive months.
38
39 9B. Site Development Permit 09-22-SDP-PC, Friedman's Home Improvement Addition at
40 1255 Airport Park Boulevard, APN 180-080-44.Request for approval of a Site Development
41 Permit to allow the enclosure of 433 square feet to create office and training space.
42
43 Staff presented the staff report.
44
45 PUBLIC HEARING OPENED: 6:15:24 PM
46
47 Bobby Sampton stated the project intent is to create space for employee training by enclosing a
48 small portion of the lumberyard area and provide for a `green' footprint. The closest training facility is
49 located in Santa Rosa so the proposed new facility will eliminate having to travel out of the area for
50 introductory and immediate job training, as well as allow space for product training. He added the
51 enclosure will also provide one office for the yard manager.
52
53 The Commission was in agreement the project would benefit employees and environment by keeping
54 people off the roads and refrain for unnecessary gas usage.
55
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 3
1 PUBLIC HEARING CLOSED:6:18:10 PM
2
3 Commissioner Whetzel inquired whether the proposed project will tie into the existing roofline.
4
5 PUBLIC HEARING REOPENED: 6:18:52 PM
6
7 Bobby Sampton confirmed the office and training room will be the full height of the existing roof with
8 no false ceiling.
9
10 PUBLIC HEARING CLOSED: 6:19:14 PM
11
12 M/S Sanders/Molgaard to approve Major Site Development Permit 09-22-SDP-PC with Findings 1-5
13 and Conditions of Approval 1-10. Motion carried (4-0).
14
15 FREIDMAN'S HOME IMPROVEMENT
16 DRAFT SITE DEVELOPMENT FINDINGS TO ALLOW
17 THE ENCLOSURE OF 433 SQUARE FEET OF THE EXISTING LUMBER YARD AREA TO
18 CREATE A TRAINING ROOM AND OFFICE
19
20 The following findings are supported by and based on information contained in this staff report, the
21 application materials and documentation, and the public record.
22
23 1. The proposed project, as conditioned, is consistent with the General Plan land use
24 designation of the property in that the proposed use is ancillary to the existing commercial
25 use which is the intent of the Master Plan area.
26
27 2. The proposed project will create a training room and offices to support the existing retail
28 center on the site. The improvement of the retail center with training and office facilities is
29 consistent with General Plan Economic Development Goal ED-1 to support a strong local
30 economy.
31
32 3. The proposed project, as conditioned, is consistent with the purpose and applicable
33 requirements of the Airport Industrial Master Planned Development in that commercial uses
34 are allowed and the proposed training room is ancillary to that use.
35
36 4. The proposed project, as conditioned, is consistent with the following specific findings
37 required pursuant to Zoning Ordinance section 9263(E) in order to approve a site
38 development permit.
39
40 a. The location of the new training room will not create hazardous or inconvenient
41 vehicular or pedestrian traffic patterns in that the new room will use the existing roof
42 and columns and enclose this space. The enclosure of this space will not change the
43 vehicular or pedestrian traffic pattern that currently exists on the site.
44
45 b. The creation of the new training room will not modify off-street parking areas.
46
47 c. The site is currently landscaped. No landscaping will be removed as a result of this
48 project and no landscaping is proposed to be planted.
49
50 d. The new training room will not restrict or cut out light and air on the property, or the
51 surrounding neighborhood in that it will enclose an existing area on the site that is
52 developed with a roofed structure that is supported by columns.
53
54 e. The site is not located adjacent to a residential zoning district.
55
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 4
1 f. The site is located in a commercial area that is developed with an existing retail store
2 and parking area, no water courses, wildlife, wildlife habitat, floodway or flood plain or
3 other environmentally sensitive areas are present.
4
5 g. The exterior appearance of the proposed training room will match the current
6 architecture and design of the existing building therefore it will continue the
7 interesting external appearance and will not create a box-like external appearance.
8 The proposed training room will be constructed and painted to match the existing
9 building on the site.
10
11 5. The proposed project is exempt from the provisions of the California Environmental Quality
12 Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1, projects that involve
13 alterations to existing structures that do not exceed 2,500 square feet based on the following:
14
15 A. The square footage of the new training room, office and storage areas total 433
16 square feet; and
17
18 B. The project is not located within an environmentally sensitive area in that the area is
19 developed with an existing retail store and parking area, no water courses, wildlife,
20 wildlife habitat, floodway or flood plain or other environmentally sensitive areas are
21 present.
22
23 FINAL CONDITIONS OF APPROVAL
24
25 Friedman's Home Improvement
26 1255 Airport Park Blvd, APN 180-080-44
27 File No. 09-22-SDP-PC
28
29 1. Approval is granted for the construction of a 433 square foot training room and office as
30 shown on the plans submitted to the Community Development and Planning Department and
31 date stamped April 29, 2009 except as modified by the following conditions of approval.
32
33 2. Business operations shall not commence until all permits required for the approved use,
34 including but not limited to business license, tenant improvement building permit, have been
35 applied for and issued/finaled.
36
37 3. On plans submitted for building permit, if required, these conditions of approval shall be
38 included as notes on the first sheet.
39
40 4. No permit or entitlement shall be deemed effective unless and until all fees and charges
41 applicable to this application and these conditions of approval have been paid in full.
42
43 5. The property owner shall obtain and maintain any permit or approval required by law,
44 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
45 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
46 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
47 Permit is approved and issued.
48
49 6. All conditions of approval that do not contain specific completion periods shall be completed
50 prior to building permit final.
51
52 7. Building, Grading or other required Permits shall be issued within two years after the effective
53 date of the Site Development Permit, or the discretionary actions granted by the permit shall
54 expire. In the event the required Permits cannot be issued within the stipulated period from
55 the project approval date, a one year extension may be granted by the Director of Planning if
56 no new circumstances affect the project which otherwise would render the original approval
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 5
1 inappropriate or illegal. It is the applicanYs responsibility in such cases to propose the one-
2 year extension to the Planning Department prior to the two-year expiration date.
3
4 8. Except as otherwise specifically noted, the Site Development Permit shall be granted only for
5 the specific purposes stated in the action approving the Site Development Permit and shall
6 not be construed as eliminating or modifying any building, use, or zone requirements except
7 to such specific purposes.
8
9 9. The approved Site Development Permit may be revoked through the City's revocation
10 process if the approved project related to the Site Development Permit is not being
11 conducted in compliance with the stipulations and conditions of approval; or if the project is
12 not established within two years of the effective date of approval; or if the established land
13 use for which the permit was granted has ceased or has been suspended for twenty four(24)
14 consecutive months.
15
16 From the Buildinq Official (David Willouqhbv)
17
18 10. A building permit is required for construction of the training room.
19
20 9C. Use Permit 09-19-UP-PC, T-Mobile Wireless Telecommunications Facility at 280 North
21 Pine Street, APN 002-214-07. Request for approval of a Use Permit to allow the installation
22 and operation of a wireless communications facility.
23
24 Staff presented the staff report.
25
26 Commissioner Sanders inquired whether the project would affect the electronic chime system.
27 Would the existing redwood in the interior of the steeple be removed to accommodate the antennas?
28
29 Staff stated the historical evaluation for the project will review how the WCF equipmenUsystem will be
30 installed.
31
32 Commissioner Sanders inquired about the plan to place a transformer on the sidewalk and whether
33 this will create impacts to sidewalk in terms of ADA compliance as referenced in `attachment 10, page
34 4.'
35
36 Staff indicated the transformer is existing on the site and the sidewalk width is required to comply with
37 ADA standards.
38
39 Commissioner Molgaard referred to `attachment 10, page 2, and asked about whether the new GPS
40 antenna mounted on the roof will be six inches in height.
41
42 It was noted attachment 10, page 5 gives dimensions for the GPS antenna.
43
44 Commissioner Molgaard supports that the same color scheme and texture be maintained as the
45 GPS antenna is mounted on the south face of the steeple.
46
47 Chair Pruden supports having a small disclosure sign on the site stating that a WCF is in operation,
48 noting some people have concerns about wireless communication facilities. She questioned whether
49 warning signs are just for construction purposes?
50
51 Staff indicated signs would be posted in the interior of the church/steeple as provided for in the
52 additional conditions of approval provided at places and are intended to notify person(s) working on
53 the system for maintenance/repairs purposes and to comply with federal exposure limits.
54
55 Chair Pruden inquired how much of the original material in the steeple will be affected by the
56 installation of the facility? Will the project require additional sheathing to protect the chime system?
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 6
1 Commissioner Sanders referred to `attachment 7' (Summary of Neighborhood Meeting) and
2 inquired whether staff has received any complaints/concerns about the proposed project.
3
4 Staff indicated no public comments have been received.
5
6 There was discussion about the purpose of the Determination of Appropriate Use (attachment 3).
7
8 PUBLIC HEARING OPENED: 6:34:11 PM
9
10 Allen Potter stated the applicants have reviewed the staff report and agree with the draft findings and
11 conditions of approval. He commented as follows:
12
13 • The project would not affect the operation/function of electronic chime system. The system is
14 existing and T-Mobile will work around it.
15 • Only the minimal amount of original material necessary to install the facility will be removed.
16 • In terms of aesthetics, the project is designed to effectively conceal the facility from the
17 exterior and interior view of the building.
18 • The steeple represents an ideal way to disguise/conceal a WCF wherein the project
19 essentially becomes a `win-win' situation for the Church, public members, and the applicant.
20 • While he understands that people may be sensitive to wireless communication facilities, he
21 would support posting a small sign on the site that does not present itself as a `warning' sign.
22
23 Commissioner Molgaard is of the opinion that if the project generated no public
24 complaints/questions/concerns posting a disclosure sign is not a good idea since it could draw
25 unnecessary and negative attention to the Church.
26
27 • The applicant would be supportive of posting a small sign that states, "Wireless
28 Communication Facility is in use at this site."
29
30 United Methodist Church Pastor Paul stated the chime system is electronic and there is no live
31 operator. Attachment 10, page 5 addresses the materials to be used to conceal antennas in areas
32 where wood sheathing will be removed to accommodate the antenna. T-Mobile is cognizant of the
33 redwood material and its durability will be of assistance for structural purposes for the project.
34
35 Commissioner Sanders inquired if T-Mobile would be putting other wireless communication facilities
36 in the City limits.
37
38 Allen Potter stated no other T-Mobile wireless communication facilities are proposed/planned for the
39 City limits. T-Mobile is working with the County on some projects.
40
41 PUBLIC HEARING CLOSED: 6:50:18 PM
42
43 The Commission discussed the concept of storing the original material removed for the WCF, if
44 possible, in the event the facility was removed to restore the original appearance.
45
46 It was noted Condition of Approval no. 4 addresses the aforementioned discussion that the intent is to
47 restore the steeple to as close to the original condition as prior to the installation of the WCF and to
48 ensure that damage to the historic resource occurs as part of the removal of the WCF.
49
50 Chair Pruden recommended adding language to the condition to state, `the original sheathing will be
51 stored for reuse, if possible."
52
53 Commissioner Molgaard recommended the language state, "All original materials shall be stored for
54 reuse whenever feasible."
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 7
1 The Commission further discussed whether posting a small sign at ground level on the site that states
2 a wireless communication facility is in use is a good idea. The Commission supported adding a
3 condition that a small sign will be posted at ground level indicating a wireless communication facility is
4 in use.
5
6 M/S Molgaard/Whetzel to approve Major Use Permit 09-19-UP-PC with Findings 1-4 and the draft
7 Conditions of Approval, including modification to Condition of Approval No. 4, the three new
8 conditions recommended by staff and the addition of a new condition to allow for the posting of a
9 sign. Motion carried by the following roll call vote of the Commissioners present:
10
11 AYES: Commissioners Molgaard,Whetzel &Chair Pruden
12 NOES: Commissioner Sanders
13
14 Staff will re-number the Conditions of Approval.
15
16 T- MOBILE
17 DRAFT USE PERMIT FINDINGS TO ALLOW
18 THE INSTALLATION AND OPERATION OF A WIRELESS COMMUNICATION FACILITY WITHIN
19 AN EXISTING CHURCH STEEPLE
20
21 The following findings are supported by and based on information contained in this staff report, the
22 application materials and documentation, and the public record.
23
24 1. The proposed project, as conditioned, is consistent with the General Plan land use
25 designation of the property in that 1) the wireless communications facility has the potential to
26 serve the surrounding residential neighborhood and the community as a whole 2) the
27 specific uses allowed are determined by the zoning, which allows for a determination of
28 appropriate use 3) the Planning Director has determined that the proposed WCF is an
29 appropriate use with approval of a use permit and 4) and the installation of the facility
30 supports Economic Development Goal ED-1 to support a strong local economy.
31
32 2. The proposed project, as conditioned, is consistent with the purpose and applicable
33 requirements of the zoning district in that 1) the Planning Director has made a Determination
34 of Appropriate Use as provided for in zoning code Section 9038 and determined that the use
35 would be appropriate with approval of a use permit 2) the WCF will be located within an
36 existing building and will not change the height or setbacks of the structure and 3) no parking
37 is required for the WCF since the facility will be unmanned and any parking required for
38 installation or maintenance of the facility could be accommodated in the existing church
39 parking lot.
40
41 3. The proposed project, as conditioned, is exempt from the provisions of the California
42 Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1(a),
43 which allows interior alterations and Section 15301, Class 1(e), which allows exterior
44 additions to existing buildings based on the following:
45
46 A. The radio frequency electromagnetic field that would be generated is far less than the
47 maximum standard established by the FCC. As such, the FCC has determined that
48 there is no environmental impact related to RF emissions.
49
50 B. The proposed project involves alterations to the interior of the steeple in order to
51 install the antennas and the associated equipment cabinets.
52
53 C. The proposed project involves the addition of a GPS antenna to the exterior of the
54 building. The antenna is small in size (3.6"diameter, 6.5" in height, mounted on a 14"
55 pole)and the color is white matching the color of the steeple.
56
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 8
1 D. Section 15300.2 of the CEQA Guidelines allows projects that involve historical
2 resources to be exempted from the provisions of the California Environmental Quality
3 Act when it can be determined that the project would not cause a substantial adverse
4 change in the significance of the historical resource. Based on the cultural resource
5 report provided and the conditions of approval, staff believes that the proposed
6 project would not result in a substantial adverse change in the historical resource.
7
8 E. The proposed project will not expand the existing church use of the site.
9
10 F. The site is located in an urban area that is developed; with no water courses, wildlife,
11 wildlife habitat, floodway or flood plain or other environmentally sensitive areas.
12
13 4. The proposed project, as conditioned, is compatible with surrounding land uses and will not
14 be detrimental to the public's health, safety and general welfare based on the following:
15
16 A. The site is located in an area with a mix of zoning districts, including Residential and
17 Commercial. This has created a mix of uses in the area, including single-family and
18 multi-family residential, religious uses and offices. The wireless communications
19 facility is consistent with the uses in the area.
20
21 B. The project was review by the City Building Official and Fire Marshal. They had no
22 comments on or conditions for the project.
23
24 C. See Determination of Appropriate Use (attachment 3)
25
26 D. The only portion of the WCF that would be visible is the GPS antenna that would be
27 located on the roof(see attachment, plans, sheet C3.2). This type of antenna is
28 similar in nature to the satellite dishes and other ancillary equipment attached to
29 residential and commercial buildings and therefore is compatible with the surrounding
30 land uses.
31
32 E. The proposed WCF would not exceed the emissions requirements established by the
33 FCC.
34
35 Final Conditions of Approval
36 Wireless Telecommunication Facility at Ukiah Methodist Church Use Permit
37 280 North Pine Street, APN 002-214-07
38 Application #09-19-UP-PC
39
40 1. Approval is granted for the installation and operation of a wireless communications facility
41 within an existing church steeple as described in the project descriptions submitted to the
42 Community Development and Planning Department and date stamped April 13, 2009 and as
43 shown on the plans submitted to the Community Development and Planning Department and
44 date stamped April 13, 2009, except as modified by the following conditions of approval.
45
46 2. Plans submitted for building permit shall include the following and are subject to staff review
47 and approval
48
49 A. An evaluation prepared by Historic Resource Associates regarding the modifications to
50 the steeple, including but not limited to the removal of original materials, the
51 appropriateness of the installation of fiberglass panels, the modifications and
52 improvements required to install the cabinets, and any potential impacts these may have
53 the significance of the historic resource.
54
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 9
1 B. An evaluation prepared by Historic Resource Associates regarding the most appropriate
2 location of the GPS and installation details. The intent is to reduce the visibility of the
3 antennas and reduce or eliminate any effects on the historic resource.
4
5 3. No modifications to the WCF, including the removal or replacement of equipment (panels,
6 antennas, equipment cabinets, etc.) shall be allowed without prior approval from the Planning
7 Department in order to ensure that the modifications do not result in an expansion of use or
8 an adverse effect on the historic resource that was not evaluated as part of this project.
9
10 4. Should the WCF be removed, a plan for the restoration and repair of the steeple shall be
11 submitted to the Planning Department for staff review and approval prior to the removal of the
12 WCF. The intent of the plan is to restore the steeple to as close to the original condition as
13 existed prior to the installation of the WCF and to ensure that no damage to the historic
14 resource occurs as part of the removal of the WCF.
15
16 5. Where feasible, original materials removed from the church structure in order to
17 accommodate the wireless communications facility shall be stored for potential reuse. These
18 materials shall be used to comply with condition #4 when applicable.
19
20 6. In order to comply with the FCC guidelines for occupational exposure, the following are
21 required:
22
23 A. No access within 3 feet of the facility shall be allowed while the base station is in
24 operation unless other measures can be demonstrated to ensure occupational protection
25 requirements are met.
26
27 B. Warning signs shall be posted at the antennas and/or on the steeple below the antennas
28 in locations that are readily visible from any angle of approach of persons.
29
30 C. Plans submitted for building permit shall include the details for the signs required in
31 condition B above. The details shall include but not be limited to the location, size, and
32 wording of the signs and are subject to staff review and approval.
33
34 7. In order to inform the public of the presence to the wireless communications facility (WCF), a
35 ground level sign disclosing the presence of the WCF shall be posted on the site. The sign
36 shall comply with the following:
37
38 A. Minimum size 81/2" by 11".
39 B. Language to read "Wireless Communication Facility in use."
40 C. Location to be approved by the Ukiah Methodist Church.Written approval from the
41 church to be provided with the building permit plans.
42 D. Location to be shown on plans submitted for building permit.
43
44 8. No permit or entitlement shall be deemed effective unless and until all fees and charges
45 applicable to this application and these conditions of approval have been paid in full.
46
47 9. The property owner shall obtain and maintain any permit or approval required by law,
48 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
49 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
50 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
51 Permit is approved and issued.
52
53 10. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
54 future purchaser, tenant, or other party of interest.
55
MINUTES OF THE PLANNING COMMISSION June 10, 2009
Page 10
1 11. These conditions of approval shall be included as notes on the first sheet of the plans
2 submitted for building permit.
3
4 12. All conditions of approval that do not contain specific completion periods shall be completed
5 prior to building permit final.
6
7 From the Department of Public Works (Ben Kaqevama)
8 13. If the building permit value of work exceeds $100,000, the existing sanitary sewer lateral shall
9 be tested in accordance with City of Ukiah Ordinance NO. 1105 and repaired or replaced if
10 required.
11
12 14. If the building permit value is equal to or greater than one-third of the value of the existing
13 structure, curb, gutter, sidewalk, and street trees, shall be installed or repaired if needed,
14 pursuant to Section 9181 of the Ukiah City Code.
15
16 Standard Citv Requirements
17
18 15. This Use Permit may be revoked through the City's revocation process if the approved
19 project related to this Permit is not being conducted in compliance with these stipulations and
20 conditions of approval; or if the project is not established within two years of the effective date
21 of this approval; or if the established use for which the permit was granted has ceased or has
22 been suspended for 24 consecutive months.
23
24 16. All work within the public right-of-way shall be performed by a licensed and properly insured
25 contractor. The contractor shall obtain an encroachment permit for the work within this area
26 or otherwise affecting this area. Encroachment permit fee shall be $45.00 plus 3% of the
27 Engineer's estimate of the constructions costs.
28
29 10. UNFINISHED BUSINESS
30 10A. Downtown Zoning Code Update and Discussion of Draft Work Plan and Timeline.
31 Review and discussion of Draft Work Plan and Timeline for the Downtown Zoning Code.
32
33 Senior Planner Jordan addressed the staff report that provides an update and timeline for the
34 Downtown Zoning Code.
35
36 The Commission discussed the proposed work plan and timeline on page 2 of the staff report, as well
37 as the appropriate type of format and documents/advertising/public noticing necessary for conducting
38 a productive/successful public workshop.
39
40 Commissioner Sanders inquired as to the appropriate section for discussion about Gibson Creek.
41
42 Staff stated Gibson Creek will be addressed in various sections of the Downtown Zoning Code.
43
44 11. ONGOING EDUCATION
45 11A. The Impact of Communitv Desiqn and Land Use Choices on Public Health: A Scientific
46 Research.
47
48 The above-referenced publication is for the Commissioner's information.
49
50 12. PLANNING DIRECTOR'S REPORT
51 Planning Director Stump reported on the City Budget, including the budget for the Planning
52 Department and its potential affect on training seminars, Planning Commission stipend, and other
53 related budget items.
54 He further reported:
55 • Staff is working on the Ukiah General Plan Housing Element update.
56 • The Courthouse project is moving forward.
MINUTES OF THE PLANNING COMMISSION June 10, 2009
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1 • The City View Trail has begun construction.
2 • One of the City's goals is for Planning, Redevelopment and Economic Development to focus
3 in the same direction, which is also part of the City Council Strategic Planning goals.
4
5 Chair Pruden commented as redevelopment money becomes available after the bond is passed the
6 City will be in a better position to work on capital improvement projects for public facilities and
7 gateways and other relevant City projects. She requests staff provide an update to the Commission
8 on redevelopment projects, including the selection process for such projects.
9
10 13. PLANNING COMMISSION REPORTS
11 Commissioner Sanders reported the Tree subcommittee will meet July 16, 2009. The regular Tree
12 Committee will meet again on September 3, 2009.
13
14 It was noted McGarvy Park has been selected as the test site for formulating a formal long-term
15 management plan for use by all City Departments.
16
17 Commissioner Sanders stated the plan is to electronically set up a GIS system for documenting the
18 trees and their location in the park and if this is workable, this system would be used to
19 document/conduct inventory on City trees.
20
21 Commissioner Whetzel inquired whether the train that formerly went through Ukiah is coming back.
22 He further inquired about regular maintenance, clean up and weed abatement plans for the railroad
23 tracks.
24
25 Planning Director Stump stated other city/county jurisdictions are working on future plans for rail
26 connections from city to city. It is his understanding the City Public Works Department works with the
27 railroad with regard to weed abatement. He will talk to the Public Works Department and provide an
28 update to the Commission.
29
30 Chair Pruden stated the Commissioners are required to complete Ethics Training.
31
32 14. ADJOURNMENT
33 There being no further business, the meeting adjourned at 7:36:04 PM.
34
35
36 Judy Pruden, Chair
37
38 Cathy Elawadly, Recording Secretary
39
40
41
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