HomeMy WebLinkAboutpcm_06242009 1 CITY OF UKIAH PLANNING COMMISSION
2 June 24, 2009
3
4 COMMISSIONERS PRESENT OTHERS PRESENT
5 Judy Pruden, Chair Listed below, Respectively
6 Anne Molgaard, Vice Chair
7 Linda Helland
8 Linda Sanders
9 Mike Whetzel
10
11 STAFF PRESENT COMMISSIONERS ABSENT
12 Charley Stump, Director of Planning None
13 Kim Jordan, Senior Planner
14 Cathy Elawadly, Recording Secretary
15
16 1. CALL TO ORDER
17 The regular meeting of the City of Ukiah Planning Commission was called to order by
18 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
19 Ukiah, California.
20
21 2. ROLL CALL
22
23 3. PLEDGE OF ALLEGIANCE
24 Everyone recited the Pledge of Allegiance.
25
26 4. SITE VISIT VERIFICATION
27 Site visit for agenda item 9A was verified.
28
29 5. APPROVAL OF MINUTES—June 10, 2009
30 It was noted the correct spelling of Dottie Coplen is Dotty Coplen.
31
32 M/S Molgaard/Whetzel to approve June 10, 2009 minutes, as amended. Motion carried with
33 Commissioner Helland abstaining.
34
35 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS- None.
36
37 7. APPEAL PROCESS- For matters heard at this meeting, the appeal date is July 6, 2009.
38
39 8. VERIFICATION OF NOTICE — Major Site Development Permit 09-25-SDP-PC
40 was properly notice in accordance with the provisions of the Ukiah Municipal Code.
41
42 9. PUBLIC HEARING
43 9A. Site Development Permit 09-25-UP-PC, Pacific Outfitters Site and Building
44 Modifications, 955 North State Street, APN 002-040-43, Request for approval of a site
45 Development Permit to allow modifications to the exterior of the building and to the site.
46
47 Staff presented the staff report and noted that after the packets were distributed staff received five
48 letters in support of the project. The following written correspondence was received.
49
50 Jennifer Seward, CEO, 1055 N. State Street, Redwood Empire Fair
51 Robert Rosen, P.O. Box 19, Boonville, CA
52 Kevin Braun, Mendocino County Resident
53 Kirk Brown, Mendocino County Resident
54 Chris Nelson, Nelson Family Vineyards
55 Ann Wallis, Anderson Valley Brewing Company
56
MINUTES OF THE PLANNING COMMISSION June 24, 2009
Page 1
1 Summary of Commissioners Comments:
2
3 Chair Pruden
4
5 • Provided history of site uses and stated that past businesses have not been successful in this
6 location.
7 • Given the history of the site it appears that the past businesses were not successful with the
8 configuration of the building. Typically would want to retain the storefront. However, in this
9 situation and based on the site's history and location, was supportive of closing in the
10 storefront.
11 • Suggested that the applicant use motion sensor lights in the parking area and that the
12 applicant should contact the Police Department to determine the appropriate lighting for the
13 site.
14 • Asked for clarification on the proposed lighting for the murals. Suggested LED lighting.
15 • Stated many signs are too bright and confirmed with the applicant the proposed lighting for
16 the freestanding sign will be subtle and that it will follow the guidelines for the dark sky
17 guidelines.
18
19 Commissioner Helland
20
21 • Concerned about how the removal of the storefront effects the pedestrian orientation of the
22 building.
23 • Requested the applicant add a drinking fountain within the building near the restrooms. The
24 exact location can be determined by the applicant.
25 • Referenced the acceptable bicycle rack types that were included in the packet and noted the
26 rack proposed by the applicant is not consistent with the acceptable styles. Requested the
27 applicant install the inverted "U" style rack from the recommended list of bike racks.
28 • Condition of Approval No. 11 regarding lighting does not specify whether the project provides
29 for downcast lighting features/systems in keeping with the Dark Sky guidelines. Would like to
30 see lighting as part of final landscaping and parking plan.
31 • Inquired about the required number of handicapped accessible spaces.
32 • Suggested that the applicant contact Mendocino County Arts Council or Mendocino College
33 for references on local artist.
34
35 Commissioner Sanders
36
37 • Requested further information regarding the roofing material and plans for energy
38 conservation/efficiency and lighting.
39
40 Commissioner Whetzel
41
42 • Noted that this portion of North State Street is not pedestrian oriented and that the front door
43 is on the north side of the building, and therefore did not feel closing in the storefront would
44 be an issue given the building's configuration, location on North State Street, and that
45 surrounding development is not pedestrian oriented.
46 • Feels the public would know that there is a new business at this location whether or not the
47 murals are completed prior to occupancy.
48
49 Commissioner Molgaard
50
51 • Questioned whether or not there is a legal requirement that the applicant remove the
52 windows because of the sale of firearms.
53 • Questioned pedestrian orientation of the building in regards to Form Based planning and if it
54 is appropriate to have a false storefront.
MINUTES OF THE PLANNING COMMISSION June 24, 2009
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1 • Inquired as to which occurs first — pedestrian orientation of buildings to entice pedestrians
2 into an area or pedestrian traffic in an area encourages pedestrian oriented buildings.
3 • Expressed concern about the length of the time the space for the murals will be vacant after
4 the building is open for business. Concerned the public would not know a new business has
5 occupied the building because the exterior is not completed. Suggested the conditions of
6 approval be changed to require a shorter time fame for submittal of the mural permit
7 application in order to ensure that the murals are completed in a timely manner.
8 • Questioned the timing for final improvements to parking and landscaping.
9
10 Brad Smith, applicant/owner of the business and building, addressed the questions raised and
11 comments as follows:
12
13 • The applicant would like to use a local artist and noted there may be a time factor associated
14 for the development of a mural that must be considered.
15 • Applicant does not want a bright sign, would like a subtle internally lit sign. Intent is to use the
16 existing sign structure.
17 • Security lights will be downcast, subdued and appropriate. Applicant would not be opposed to
18 providing external recessive lighting to augment the murals. At the Commission's suggestion,
19 he will look into installing motion sensor lighting that the City Police Department like.
20 • The applicant agreed to install the inverted "U" style bike racks from page 1 of the handout—
21 Bicycle Rack Types: Acceptable and a drinking fountain outside of the restroom area.
22 • It is for security reasons that the storefront windows will be replaced with a solid wall. The
23 trade-off for the windows is the murals.
24 • Energy efficiency. Measures are being taken that will include quality insulation for the walls.
25 The roof is a concern and the plan is to better insulate the roof at a later date.
26 • The applicant intends to screen the unsightly fire suppression system in front of the building.
27 • Applicant noted that the stucco will be tinted as opposed to painted.
28
29 Staff responded to the questions/concerns raised by the Commission.
30
31 • There is no legal requirement to remove the storefront windows because of sale of firearms
32 and there are other methods of providing security.
33 • Installing a faux storefront is contrary to form based coding and confusing to pedestrians and
34 the public. Commission should determine if the proposed murals create the pedestrian
35 orientation that would be lost by removal of the storefront.
36 • Per the Building Official, two ADA parking spaces are required. The Building Official will
37 determine compliance through the building permit process.
38 • Timing for completion of site clean-up is unknown therefore conditions of approval No. 8, 9
39 and 10 have been added in order to ensure that the final parking and landscaping plans are
40 completed.
41 • A Mural Permit will be required before the murals can be installed. The mural permit review
42 process will allow the Commission to condition the timing of the completion of the murals
43 based on the time of year and weather conditions, or other factors.
44 • No lighting was proposed with this application, so a lighting plan was not provided. If lighting
45 is proposed, a lighting plan will be required as part of the final landscaping and parking
46 plans.
47
48 Planning Commission Consensus
49
50 The Commission thanked the applicant for producing a quality project and considering the design
51 recommendations made by Planning Commission, the Design Review Board, and staff.
52
53 It was the consensus of the Commission that within 60 days of the closure of the site and completion
54 of the site's monitoring, the applicant shall submit a parking and landscaping plan to the Planning
55 Department for Planning Commission review and approval.
MINUTES OF THE PLANNING COMMISSION June 24, 2009
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1
2 The Commission did agree that it takes time to effectively coordinate the painting and installation of a
3 mural whereby the recommended 6 month period after commencement of business operations as
4 provided for in Condition of Approval No. 7 would be sufficient time. The Commission did modify
5 Condition of Approval No. 7 to reduce the time allowed to install the mural to 90 days from 6 months
6 and stated that, if conditions warrant, the timing for installation could be modified as part of their
7 review of the Mural Permit. The Commission indicated that the lighting for the mural would also be
8 reviewed as part of the mural permit.
9
10 The Commission discussed the timeframe for the parking lot and other landscaping improvements
11 (phase 3) and modified Condition of Approval No. 8 such that within 60 days, as opposed to 6 months
12 of site closure and completion of monitoring, the applicant shall submit a parking and landscaping
13 plan to the Planning Commission. Commission also modified Condition of Approval No. 8 to refer to
14 Planning Commission rather than staff approval.
15
16 PUBLIC HEARING OPENED: 6:17:26 PM
17
18 PUBLIC HEARING CLOSED: 6:56:57 PM
19
20 PUBLIC HEARING REOPENED: 7:06:57 PM
21
22 PUBLIC HEARING CLOSED: 7:22 P.M.
23
24 M/S Molgaard/Helland to approve Major Site Development Permit 09-25-SDP-PC with Findings 1-12
25 and Conditions of Approval 1-19 with modifications to Conditions of Approval Nos. 7, 8 & 9. Motion
26 carried (5-0).
27
2g PACIFIC OUTFITTERS SITE DEVELOPMENT PERMIT
29 APPLICATION#09-25-SDP-PC
3� 955 NORTH STATE STREET,APN 002-040-43
31
32 SITE DEVELOPMENT FINDINGS TO ALLOW
33 MODIFICATIONS TO THE EXTERIOR OF THE BUILDING AND THE SITE
34
35 The following findings are supported by and based on information contained in this staff report, the application
36 materials and documentation,and the public record.
37
38 1. The proposed project, as conditioned, is consistent with the Commercial General Plan land use
39 designation of the property in that the land use designation is intended to allow for a variety of
40 commercial uses. The retail use of the building is consistent with the uses anticipated for this land use
41 designation.
42
43 2. The proposed project will improvement the building and site for a new sporting goods store which is
44 consistent with General Plan Economic Development Goal ED-1 to support a strong loca/economy.
45
46 3. The proposed project, as conditioned, is consistent with the uses allowed in the Heavy Commercial (C2)
47 zoning district. Zoning Code Section 9097 allows retail stores with approval of a use permit. Use Permit
48 #01-21 approved a retail furniture store for this site. The sporting goods store will continue under Use
49 Permit#01-21 which runs with the land. Zoning Code Section 9262 (H1b) allows the continuation of a
50 use permit when the use has not ceased for more than 24 months.
51
52 4. The proposed project, as conditioned, is consistent with the development standards for the C2 in that
53 the building height and footprint will not be modified by this project. The landscaping areas for the
54 parking area were previously approved by Planning Commission as part of Use Permit #01-21 and
55 would be installed as part of this project.
56
57 5. The proposed project, as conditioned, is consistent with the parking requirements. Use Permit#01-21
58 approved a shared parking plan for the site and the adjoining parcels. The parking plan was based on
MINUTES OF THE PLANNING COMMISSION June 24, 2009
Page 4
1 retail uses for the subject parcel and the parcel located to the north. Since the use of the building is a
2 retail use, the parking requirement is the same as that approved as part of Use Permit #01-21. The
3 project has been conditioned to improve the parking lot to City standards (paving, size, striping,etc.).
4
5 6. The proposed project, as conditioned, is consistent with the following specific findings required pursuant
6 to Zoning Ordinance section 9263(E)in order to approve a site development permit.
7
8 a. The site is located on an arterial street with a shared driveway. The site has a sidewalk as
9 required and a walkway that extends from the sidewalk along the front of the building. The
10 project will not modify the access or the sidewalk. As such, the project will not create a
11 hazardous or inconvenient vehicular or pedestrian traffic pattern.
12
13 b. The parking area, drive aisles and site access were approved as part of a previous use permit
14 (use permit #01-21) and are shared with the adjoining parcels (via a recorded easement).
15 Phase 1 of the project includes the striping of parking areas as required in use permit#01-21.
16 Phase 3 of the project includes the paving and striping of the remaining parking areas and the
17 installation of landscaping islands as approved in use permit #01-21. Since the facilities are
18 shared with adjoining parcels and designed to be shared, and the project includes the
19 installation of the remaining improvements needed for the parking area, the project would not
20 result in hazardous or inconvenient condition for adjacent or surrounding uses.
21
22 c. Phase 1 of the project will retain the existing landscaping and add a small amount of additional
23 landscaping. Phase 3 of the project would construct the landscape islands and install the
24 landscaping. This would provide adequate screening and separation of structures and for large
25 expanses of paved area.
26
27 d. The project will not increase the height or footprint of the building and, therefore, would not
28 restrict light or air on the property or on adjacent properties.
29
30 e. The site is not located in or adjacent to a residential zoning district.
31
32 f. The site is located in a commercial area that is developed with an existing retail store and
33 parking area, no water courses, wildlife, wildlife habitat, floodway or flood plain or other
34 environmentally sensitive areas are present.
35
36 g. The project includes stuccoing the outside of the building, installing new windows, closing in
37 the existing service bays, and filling in the storefront at the front of the building. The
38 modifications are compatible with the architecture of the existing building and will improve the
39 design thereby avoiding a monotony and/or a box-like uninteresting appearance.
40
41
42 7. The proposed project is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section
43 15301, Class 1(a) Existing Structures, which allows exterior alterations to existing buildings and Section
44 15304, Class 4b, Minor Alterations to Land which allows new landscaping based on the following:
45
46 8. The project involves modifications to the exterior of the existing building that will not enlarge the
47 footprint of the building.
48
49 9. The site modifications are limited to the installation of a small amount of new plantings in front of the
50 building.
51
52 10. The project site is currently undergoing remediation for leaking underground storage tank. The North
53 Coast Regional Water Quality Control Board (NCRWQCB) has jurisdiction over site remediation. The
54 site is subject to regular monitoring and reports are made regularly to the Water Quality Control Board.
55 The project was referred to the NCRWQCB for review and comment. No comments were received in
56 response to the project referral. No site disturbance, other than installation of a small amount of new
57 landscaping, will occur as part of the project. The installation of the new landscaping is located in an
58 area that would not disturb the ongoing site remediation and monitoring wells.
59
60 11. The site is not listed on a hazardous waste site list required to be complied pursuant to Government
61 Code Section 65962.5.
62
MINUTES OF THE PLANNING COMMISSION June 24, 2009
Page 5
1 12. The project is not located within an environmentally sensitive area in that the site is located on an
2 arterial street and in an urban area that includes a variety of commercial businesses. The site is
3 developed with a building that has historically been used for retail sales and associated parking areas
4 and landscaping. No water courses, wildlife, wildlife habitat, floodway or flood plain or other
5 environmentally sensitive areas are present.
6
7 PACIFIC OUTFITTERS SITE DEVELOPMENT PERMIT
8 APPLICATION#09-25-SDP-PC
9 955 NORTH STATE STREET,APN 002-040-43
10
11 SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL
12
13 1. Approval is granted for the exterior modifications to the building and the site and landscaping
14 modifications as shown on the site plan, floor plan, and elevations submitted to the Planning
15 Department and date stamped May 20, 2009 and on the landscaping plan, mural panel detail plans, and
16 colors board submitted to the Planning Department and date stamped June 5, 2009, except as modified
17 by the following conditions of approval.
18
19 2. Business operations shall not commence until all permits required for the approved site development
20 permit, including but not limited to business license, tenant improvement building permit, have been
21 applied for, issued and finaled.
22
23 3. On plans submitted for building permit, if required, these conditions of approval shall be included as
24 notes on the first sheet.
25
26 4. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable to
27 this application and these conditions of approval have been paid in full.
28
29 5. Plans submitted for building permit shall include the following and are subject to staff review and
30 approval:
31
32 A. The existing paved area located in front of the building shall be striped for parking stalls that
33 comply with City standards. The required ADA parking stalls shall be included in this area.
34
35 B. A minimum of 3 bicycle parking spaces located in an area proximate to the entrance to the
36 store.
37
38 C. Details for the bike rack.An inverted U style bike rack is preferred.
39
40 6. The following shall be installed/completed prior to commencement of business operations:
41
42 A. The items included in item#5 above.
43
44 B. Installation of the approved landscaping plan, including but not limited to the pavers, bike rack,
45 and bench.
46
47 7. Within 6 months of the commencement of business operations, the applicant shall submit an application
48 for Planning Commission review and approval of a Mural Permit for the mural locations shown on the
49 approved plans. The application is subject to the standard City fees. The approved murals shall be
50 installed within 90 days of the date of the approval.
51
52 8. Within 60 days of the closure of the site and completion of the site's monitoring, the applicant shall
53 submit a parking and landscaping plan to the Planning Department for Planning Commission review
54 and approval.The parking and landscaping plan shall include the following:
55
56 A. Paving the remainder of the parking areas and drive aisles to City standards including spaces
57 1-8, 17-23, and 24-28 shown on the approved site plan.
58
59 B. Landscaping and irrigation that complies with City standards.
60
61 C. Drought tolerant, low water usage landscaping that is complementary to site and building
62 design.
MINUTES OF THE PLANNING COMMISSION June 24, 2009
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1
2 9. The approved parking and landscaping plan required by condition #8 above shall be constructed and
3 installed within 6 months of Planning Commission approval of the plan.
4
5 10. In order for staff to monitor the progress of site remediation,the property owner/applicant shall provide a
6 copy of the annual monitoring report to the Planning Department.
7
8 11. No exterior lighting, except for safety lighting is approved as part of the project. All safety lighting shall
9 be shown on the plans submitted for building permit.
10
11 12. Construction hours are limited to the hours of 7:00 a.m.to 7:00 p.m. Monday through Saturday.
12
13 13. The property owner shall obtain and maintain any permit or approval required by law, regulation,
14 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as applicable.
15 All construction shall comply with all fire, building, electric, plumbing, occupancy, and structural laws,
16 regulations,and ordinances in effect at the time the Building Permit is approved and issued.
17
18 14. All conditions of approval that do not contain specific completion periods shall be completed prior to
19 building permit final.
20
21 15. Building, Grading or other required Permits shall be issued within two years after the effective date of
22 the Site Development Permit, or the discretionary actions granted by the permit shall expire. In the
23 event the required Permits cannot be issued within the stipulated period from the project approval date,
24 a one year extension may be granted by the Director of Planning if no new circumstances affect the
25 project which otherwise would render the original approval inappropriate or illegal. It is the applicanYs
26 responsibility in such cases to propose the one-year extension to the Planning Department prior to the
27 two-year expiration date.
28
29 16. Except as otherwise specifically noted, the Site Development Permit shall be granted only for the
30 specific purposes stated in the action approving the Site Development Permit and shall not be
31 construed as eliminating or modifying any building, use, or zone requirements except to such specific
32 purposes.
33
34 17. The approved Site Development Permit may be revoked through the City's revocation process if the
35 approved project related to the Site Development Permit is not being conducted in compliance with the
36 stipulations and conditions of approval; or if the project is not established within two years of the
37 effective date of approval; or if the established land use for which the permit was granted has ceased or
38 has been suspended for twenty four(24)consecutive months.
39 18. All conditions of approval from Use Permit#01-21 remain in full force and effect.
40
41 From the Buildinq Official (David Willouqhbv)
42
43 19. A building permit is required.
44
45 10. NEW BUSINESS
46 10A. Planning Commission Meeting Minutes. Discussion and direction regarding potential
47 modifications to the content and format of minutes.
48
49 Staff explained it may be feasible in terms of staff time to find a way to shorten the Planning
50 Commission minutes.
51
52 The Planning Commission discussed how the meeting minutes could be shorten and still provide for
53 appropriate content. While the Commission did not favor action minutes for the Planning Commission,
54 the Commissioners were in agreement that for this meeting the minutes would be in summary format
55 with bulleted points.
56
57 Commissioner Helland supports receiving the minutes from the Design Review Board (DRB) in
58 addition to the design review checklist for those projects that go through the DRB.
59
60
MINUTES OF THE PLANNING COMMISSION June 24, 2009
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1 11. ONGOING EDUCATION
2 11A. Seattle area looks at how walkable communitv desiqn can cut qlobal warminq.
3
4 The above-referenced publication is for the Commissioner's information.
5
6 12. PLANNING DIRECTOR'S REPORT
7 Planning Director Stump reported:
8 1. Progress is being made on the preliminary draft to the Housing Element update.
9 2. Public workshops for the Downtown Zoning Code will begin July 8 and he referred to the
10 schedule of topics. A press release has been initiated in this regard.
11 3. The City Budget for fiscal year 2009/10 has been approved by City Council and he discussed
12 some of the shortfall as they relate to the Planning Department and the Planning
13 Commission. It is uncertain whether amendments will have to be made to the budget, which
14 is depends on the economy and its stability.
15 4. There has been some restructuring of jobs within the City and he briefly elaborated on some
16 of those changes as they relate to planning, redevelopment and economic development.
17 5. Walmart will be making an exterior/interior remodel and has plans for the addition of a
18 grocery food expansion requiring a site development permit. An EIR will be conducted for the
19 proposed grocery expansion project.
20 6. The Courthouse project continues to move forward.
21
22 The Planning Commission was given information and a schedule of discussion topics for the Planning
23 Commission public series of workshops relative to the Downtown Zoning Code project.
24
25 13. PLANNING COMMISSION REPORTS
26 Commissioner Whetzel reported Airport Day was a big success.
27
28 14. ADJOURNMENT
29 There being no further business, the meeting adjourned at 7:59:18 PM
30
31
32 Judy Pruden, Chair
33
34 Cathy Elawadly, Recording Secretary
35
36
37 Kim Jordan, Senior Planner
MINUTES OF THE PLANNING COMMISSION June 24, 2009
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