HomeMy WebLinkAboutpcm_10282009 1 CITY OF UKIAH PLANNING COMMISSION
2 October 28, 2009
3 Minutes
4
5 COMMISSIONERS PRESENT OTHERS PRESENT
6 Judy Pruden, Chair Listed below, Respectively
7 Anne Molgaard, Vice Chair
8 Linda Helland
9 Linda Sanders
10 Mike Whetzel
11
12 STAFF PRESENT COMMISSIONERS ABSENT
13 Charley Stump, Director of Planning None
14 Kim Jordan, Senior Planner
15 Jennifer Faso, Associate Planner
16 Cathy Elawadly, Recording Secretary
17
18 1. CALL TO ORDER
19 The regular meeting of the City of Ukiah Planning Commission was called to order by
20 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
21 Ukiah, California.
22
23 2. ROLL CALL
24
25 3. PLEDGE OF ALLEGIANCE
26 Everyone cited the pledge of Allegiance.
27
28 4. SITE VISIT VERIFICATION -Site visits for agenda items 9A and 9B were verified.
29
30 5. APPROVAL OF MINUTES—September 24, 2009
31 The following corrections to the minutes were made:
32
33 Page 3, line 11, `usually part' should be `usually park.'
34 Page 4, line 22, sentence should read: How far back will the parapets to be constructed on each end
35 of the front fa�ade extend?
36 Page 4, lines 42-44, revise sentence to read: She does not recommend wisteria or any flowering vine
37 close to the building that draws bees for safety purposes.
38 Page 6, strike lines 1-6, (duplicated bullets).
39 Page 41, line 41, insert`Finding'to read:....crafted a new Finding to substantiate elimination............
40
41 M/S Helland/Sanders to approve September 24, 2009 minutes, as amended. Motion carried (5-0).
42
43 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
44 None.
45
46 7. APPEAL PROCESS — Chair Pruden read the appeal process. For matters heard at this
47 meeting, the final date for appeal is November 9, 2009.
48
49 8. VERIFICATION OF NOTICE - Staff confirmed agenda items 9A and 9B were properly
50 noticed.
51
52 9. PUBLIC HEARING
53 9A. McCarty Auto Body Use Permit No. 09-35 UP-PC. Review and possible adoption of a
54 Negative Declaration for the McCarty Auto Body Use Permit at 970 North State Street. Should the
55 Planning Commission adopt the Negative Declaration, the Commission would consider the request
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 1
1 for approval of a Major Use Permit to allow the operation McCarty Auto Body at 970 North State
2 Street, APN 001-351-27-34 and 38.
3
4 Staff presented the staff report. The Planning Commission received correspondence from neighbors
5 expressing concern and/or opposition to the project from a health perspective.
6
7 Commissioner Helland - Initial Environmental Study
8 Page 6, Air Quality, item d: `Expose sensitive receptors to substantial pollutant concentrations?' was
9 checked `less than significant impact' and item e `Create objectionable odors affecting a substantial
10 number of people?'was checked `no impact.'
11 Pages 12 & 13, Hazards & Hazardous Materials; most of the boxed categories were checked, `less
12 than significant impacY or`no impact.'
13 The Bay Area Air Quality Management District discusses sensitive receptors as being residents as
14 well as schools and hospitals/medical facilities. There are residents located adjacent to the site.
15 The Bay Area Air Quality Management District states the air quality trigger levels for potential odor
16 sources is one mile for auto body shops whereby 33 feet might not be sufficient.
17 Asked staff to comment on the basis for their decisions concerning air quality and hazards &
18 hazardous materials for the project in the Initial Study.
19
20 Staff: City operates under the Mendocino County Air Quality Management District jurisdiction and
21 not the Bay Area Air Quality Management District, which may have different regulations. The
22 proposed facility is existing and is being located further south. This particular type of business is
23 subject to a lot of requirements. Requirements are different than mitigations. In terms of the individual
24 boxed categories for determination as to whether the matter has potential environmental impacts, if
25 the matter is already subject to requirements from Air Quality District, City Fire Marshal and/or other
26 regulatory agency that address such issues as air quality, odor, hazardous materials then often times
27 no mitigation is required because the regulations that the use/business is required to comply with
28 addresses the concerns.
29
30 The applicant will have to be permitted by the Mendocino County Air Quality Management District for
31 this type of operation. A City Building Permit is required. The applicant will be regulated by the City
32 Fire Marshal and other agencies so the issues of hazardous materials, odors, and other air quality
33 issues will be handled. There is no evidence the business does not comply with these regulations and
34 there have been no complaints about the business and its operation in its current location. The
35 business has been operating at its current location for six years. Therefore, staff based its analysis for
36 the Initial Study on the basis the business has met all the existing requirements for operation and has
37 been operating as a good business and good neighbor with no issues or complaints. With this, staff's
38 analysis determined the environmental concerns raised above were `less than significant impacts' or
39 `no impact.'
40
41 The applicant would be required to continue operating in the same capacity and the business is
42 subject to the same requirements. Staff provided information about the owners' current permit and
43 what information Air Quality requires from McCarty Auto Body. Staff referred the project to the Air
44 Quality District and they provided no comments. When Air Quality did not respond to staff's written
45 project referral, staff followed-up with a phone call and this agency still provided no comments related
46 to the project. Based on this, staff was of the opinion Air Quality had no issues with the project and
47 this how staff made their determination for the Initial Study.
48
49 Commissioner Helland: What if there are problems later with improper handling of hazardous
50 materials, for example?
51
52 Staff: If this were the case, like any other business, the matter becomes a Code enforcement
53 violation for the City and possibly for the Air Quality District.
54
55 Planning Commission: How parking was determined?
56
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 2
1 Staff: The zoning code allows the auto body bays in the building to be counted as part of the
2 parking requirements. With these, there is a total of 18 parking spaces.
3
4 Chair Pruden: The buildings sits on three lots and property lines essentially go through the building,
5 which are no longer allowed, but, in this case, are grandfathered in. Does the building sit on the
6 property line of the southern parcel or is this parcel only the parking lot. Plans did not show the
7 property lines, so this is unclear.
8
9 Staff: The building does sit over property lines. This is the existing condition for the building.
10 Conditions of approval have been included for the project that address this. The southernmost parcel
11 may be only the parking lot with the building at zero lot line.
12
13 Commissioner Sanders:
14 • Initial Environmental Study Air Quality - Discussed with Air Quality whether the bays
15 would be pre-fabricated or constructed on site because of the concern of how emissions
16 would be controlled. In this regard, Air Quality questioned why `no impact' was checked. Has
17 concern about the seven residences living behind the building. Had a discussion with Air
18 Quality about whether the business would use water-based paint versus doing a lot of
19 fiberglass painting, which would create a lot more volatile organic compound impacts.
20
21 Staff: After speaking with the applicant and reviewing the information from Air Quality, the painting
22 booths are contained. A permit from Air Qualify is required for the painting booth. Air Quality is the
23 agency responsible for ensuring that there are no air quality violations. A permit from Air Quality is
24 required before the City can issue a building permit for the project. It is for this reason staff considers
25 issues associated with air quality to be `less than significant impacY or `no impact.' The paint booths
26 will be contained so any air quality emissions will be controlled within the booth so outside of the
27 booth related to persons on-site or living the neighborhood should not be affected by air quality
28 issues. Project was referred to the Air Quality District for comment and no comments were provided.
29 Also sent an email requesting comments as a follow-up and no comments were provided.
30
31 Darrin McCarty, Business Owner: The type of paint used is low VOC. Will be changing to water-
32 based paint.
33
34 Commissioner Sanders
35 • Initial Environmental Study Page 12, Item 7 Hazards & Hazardous Materials.
36 Does the applicant have a hazardous materials disposal plan?
37 Does the applicant have a hazardous materials list that is required to be kept on file and does
38 staff have a copy?
39
40 Staff: Staff does not have a copy of a hazardous materials list. The applicant is required to properly
41 dispose of and handle materials. There are State/Federal laws that regulate hazardous materials that
42 auto body shops use. The applicant is required to comply with these regulations. Because the auto
43 body industry is highly regulated relative to air quality and use/handling of hazardous materials, there
44 is often little environmental impact. There is a somewhat negative perception about the operation of
45 auto body facilities. Because of the stringent regulations associated with auto body businesses, the
46 regulations differ even more currently than what they used to be having a much lower impact on
47 neighborhoods and the environment. The owner may best be able to address how he is regulated
48 with regard to hazardous materials.
49
50 Commissioner Sanders
51 • Initial Environmental Study Page 14, item 8, Hydrology and Water Quality
52 While the City Civil Engineer satisfactorily addressed most of her concerns, she expressed
53 concern relative to sewer laterals and how waste is treated without going into the City's sewer
54 system.
55 Staff: City Senior Civil Engineer Kageyama provided comments regarding the City's sewer system
56 in conjunction with the auto body business. There are no drains in the building so there is no
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 3
1 opportunity for any of the materials that are being used to actually drain into the City sewer system.
2 The City Public Works Department closely looks at the City storm drain and sewer systems for
3 projects to ensure there are no such drains in close proximity and/or that the project will not create or
4 contribute runoff water that would exceed the capacity of existing or planned stormwater drainage
5 systems or provide substantial additional sources of polluted runoff.
6
7 Commissioner Sanders
8 • Initial Environmental Study Page 17, item 11, Noise
9 How loud will the equipment be? It appears to be a concern to the neighbors and a hardship
10 for them.
11
12 Staff: Recommended the applicant address some of the concerns/questions expressed by
13 Commissioner Sanders. The applicanYs existing auto body operation is closer to neighbors than the
14 new location. The applicant currently operates in a tin building so there is very little noise attenuation
15 occurring and will be relocating to a building made of concrete, which will provide more noise
16 attenuation. Additionally, in the six years the applicant has been operating at his current location,
17 there has been no noise or any other complaints about how he operates his business.
18
19 Linda Helland
20 • Initial Environmental Study Page 13, item 7, Hazards & Hazardous Materials
21 Significance criteria —A significant hazard to the environment and the public associated with
22 hazards and hazardous materials would result from a project if any of the follow occurred:
23 1. Creation of a significant hazard to the public or environment by routine
24 transport, use or disposal of hazardous materials or from foreseeable upset
25 and accident conditions.
26 2. Emission and/or handling of hazardous, acutely hazardous materials
27 substances, or waster within '/4 mile of an existing or proposed school.
28 3. Location of a project on a listed hazardous materials site complied pursuant
29 to Government Code Section 65962.5.
30 4. Impairment/interference with adopted emergency response plan or
31 emergency evacuation plan.
32
33 Bullet no. 2 does not say improper or poor handling of hazardous materials.
34
35 Staff: Bullet no. 1 is poorly stated. To say the project would not generate any emissions at all
36 would be misleading/ a misnomer because just pulling a car onto a site close to school would be an
37 emission. The standard is too low and the bullet wrongly stated. There should be a threshold at
38 which point the handing/emission of hazardous materials becomes significant or else every project
39 would result in a significant impact which would not be the case in reality. State/Federal requirements
40 regulate emissions escaping from the paint booth and other activities associated with the auto body
41 shop. The regulations should result in either no impact or possibly a less than significant impact.
42 Although the Planning Commission can change the level of impact, staff is of the opinion that the
43 impact is less than significant and the threshold noted in the bullet is misstated.
44
45
46 PUBLIC HEARING OPENED: 6:32 p.m.
47
48 Chair Pruden: Commented the Commission will review the Mitigated Negative Declaration prepared
49 for the project and the Use Permit. An auto body shop in the C-1 zone requires a use permit to
50 determine use appropriateness for the zoning district.
51
52 Darrin McCarty:
53 • Has been in the auto body business since 1992 and at the current location for six years.
54 • Employs three people, including himself.
55
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 4
1 • Obtained County Air Quality to construct a paint booth and has obtained other necessary
2 permits from the City.
3 • Currently operates in a 4,000 sq. ft tin facility with no insulation. When looking at noise
4 requirements, a tin building would be noisy than other types of buildings. However, he has
5 had no noise and/or other types of complaints at his current location.
6 • Intent is to be a good neighbor.
7 • Changed the type of compressor reducing noise by 90%. In addition to a new type of
8 compressor (rotary-screw), a new vacuum system will be installed to control dust and/other
9 particles in the air from the use of the tools. Essentially, every tool will be hooked up this
10 system so dust particles will be kept at a minimal.
11 • Wanted a building with more space and the building at 970 N. State became available for
12 purchase. This building is older and needs some improvements. The exterior improvements
13 are shown in the staff report with the proposed sign program. The building has had several
14 uses over the years. AI Foster Tire Service operated at this location for many years. The
15 building is made of cinderblock and much quieter than the tin building. There is more distance
16 between the facility and the adjacent neighbors than for the current facility.
17 • The building will definitely be quieter, cooler in the summer and warmer in the winter for the
18 employees and provide more space to operate. The new location will be more convenient for
19 the customers.
20 • The south bay will be used for vehicle drop off and for estimates.
21 • The new paint booth will require a new permit from Air Quality subject to the same process.
22 The paint booth will be an upgrade and will be a new state-of-the-art booth. The existing
23 booth will not be moved, but rather a new booth will be constructed into the building to
24 accommodate water-based paint. It is a `down-draft booth' and goes into a pit. It is a `water-
25 born' booth and made for water-born paint. As a result, the auto body paint will be changed
26 from low VOC to water-porn paint.
27 • Environmental waste — Every estimate has a fee to pay the cost of environmental waste
28 disposal. His business uses Safety Clean, which picks up any waste the business has. A
29 `recycler' is also part of the business operation wherein old paint is converted from liquid to
30 solid form and picked up by Safety Clean.
31 • His has always operated a very clean business.
32
33 Commission: There are roll up doors on the back and front of the building. Other than bringing in the
34 vehicles, is there any reason why the majority of the time work can be done with the west-facing
35 doors closed in order to mitigate sound? With regard to the smaller roll-up door to the south, other
36 than moving equipment or vehicles, can work be done with this door closed the majority of the time?
37 Will insulation be used to mitigate noise?
38
39 Darrin, McCarty, Owner: Keeping the doors closed is easily done. The door to the northwest is non-
40 functioning and has been sealed. The plan is to install the booth in this location so this door will not
41 be used. Any new wall will be insulated.
42
43 Commission: Allowing the roll-up doors in the front of the building that face N. State Street to remain
44 open during business hours should be fine because State Street is noisy. Since the applicant is
45 willing to work with the doors down on one side other than having to move equipment or vehicles in,
46 this may meet the neighbor's concern regarding noise and also the fact the building/booth will be
47 buffered, insulated and/or closed off so there will not be sound coming from the back end of the
48 building.
49
50 Darrin, McCarty, Owner: The equipment used in the facility is not particularly noisy. The former tire
51 shop and type of equipment used generated high volumes of noise so comparatively speaking, his
52 business and the equipment used does not generate noise anywhere near what the tire business
53 generated. His equipment is contained within the building and much quieter unlike the tire shop that
54 used high impact guns to change tires. His business is a much smaller scale than the tire shop.
55
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 5
1 Commission: What are the plans for the old garage in the corner of the lot?
2
3 Darrin, McCarty, Owner: The building is not part of the project. The building is an old wood shed and
4 holds no value to the shop. The building will likely be removed in the future and the wood recycled.
5 The building will not be used for storage purposes.
6
7 Commission: Asked for clarification about whether the sign program is conceptual or this is what the
8 applicant has in mind for signage.
9
10 Darrin, McCarty, Owner: The sign program was submitted as part of the use permit application and
11 represents the signage being proposed.
12
13 Commission: Does the project comply with the City sign standards?
14
15 Staff: The project involves three separate parcels. Allowable sign area will be calculated based on
16 each parcel since this is what the Sign Ordinance requires. The applicant will be required to apply for
17 a sign permit that is separate from the use permit. The sign area compliance will be determined
18 when as part of the staff review of the sign permit based on the three parcels. The location of the
19 sign may slightly shift because of the parcel issue. The staff report addresses what the applicant has
20 proposed for the signs.
21
22 Commission: The sign on the building appears to be blocked by the street tree and should be
23 addressed. Recommend staff work with the owner to determine a sign location and tree location that
24 the sign remains visible as the trees mature.
25
26 Staff: Street trees cannot be cut down. Although people do remove trees without approval when they
27 block their signs and Planning does receive requests to remove street trees and onsite trees in order
28 to improve visibility of signage. this happens all too often. It may be the signage on the front of the
29 building would shift to the north.
30
31 Commission: What color scheme for the building?
32
33 Darrin, McCarty, Owner: The building will be painted light tan/off white with forest green accent; The
34 sign on the building will be green and black lettering for`auto body.'
35
36 Commission: Explain the waste disposal procedure.
37
38 Darrin, McCarty, Owner: Most shops hire someone to haul off waste. An EPA number is assigned to
39 shops for purposes of hauling waste and provides the waste hauler with the appropriate
40 documentation. The applicanYs auto body shop does not generate very much waste. It takes at least
41 a couple of years to fill a drum. Most of the material is recycled back into to `clean thinner.' However,
42 when waste needs to be hauled off, a company like Safety Clean is used. This company is fully
43 licensed to handle waste.
44
45 Commission: There will a new down-draft paint booth for water-born paint. Will the other paint
46 booths use non-water born paint?
47
48 Darrin, McCarty, Owner: There will only be one paint booth.
49
50 Commissioner Sanders:
51 • Where the employees will park?
52 • Part of what staff is requesting Planning Commission decide is where cars that are not
53 repairable should be parked and five options were presented in the staff report. Locating
54 cars that are not repairable at rear of the property behind the fence as shown on the
55 plans. The shed would work as a noise buffer.
56
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 6
1 Darrin McCarty, Owner:
2 • In terms of employee parking, there is one person who rides a motorcycle, one other person
3 and the applicanUowner. There is a lot of parking area in the rear of the building and the
4 employees likely feel more comfortable parking in the rear of the building.
5 • There are not many non-repairable vehicles. Do not have a tow service. The vehicles that
6 come to his shop are repairable. There are times, however, when a vehicle goes over the
7 threshold for the insurance company and considered irreparable/totaled. Do not anticipate
8 cars sitting in the non-reparable area. With regard to the five non-repairable car options,
9 business does not have many not repairable cars. There were a total of five not repairable
10 cars this year. Most of the not repairable cars are removed very quickly because he charges
11 storage to the insurance company. Insurance companies do not want to pay storage fees. A
12 car that is determined to be not repairable does not necessary mean it is not drivable. Such
13 cars may be drivable just not repairable because of the cost of repairs versus the value of the
14 vehicle. He supports locating cars that are not repairable at rear of the property behind the
15 fence as shown on the plans.
16
17 Commissioner Sanders: What are the landscaping plans? There are 12 Oak saplings that are trying
18 to grow along the fence line, Palms, and a Privot tree as part of the existing landscaping.
19
20 Darrin McCarty, Owner: Not aware of the Oak saplings. Does plan to clean up the site and remove
21 the weeds.
22
23 Commissioner Sanders: Requested confirmation that there were only two persons in opposition to
24 the project. Does the applicant have a response to the correspondence received in opposition to the
25 project?What about odor concerns?
26
27 Staff: Confirmed only two persons expressed opposition and the applicant has a copy of the
28 correspondence.
29
30 Darrin McCarty, Owner: Commented on the concerns expressed by persons in opposition to the
31 project:
32 • The operation is not really noisy. The shed does not hold any value toward reducing potential
33 noise impacts. Every residence adjacent to the rear of the building has a six to eight-foot
34 fence so the operation would not be seen or smelled. There is more space between the
35 proposed location for the auto body facility and the neighbors to the rear than the current
36 business location.
37 • It is likely these persons are typing to compare the operation of the former tire store to an
38 auto body shop. Tire shops are very noisy and his business is not. There is essentially no
39 comparison. Also, his building is made of cinderblock, which would absorb much of the
40 sound. If noise was a concern, there would have been complaints made at his current
41 location that abuts a residential neighborhood. His intent is to be a good neighbor.
42 • The residential neighborhood is located further way than his current operation. The exiting
43 paint booth is 25 years old. A new paint booth will be constructed at the new location and
44 is considered `state-of-the-art' and is far superior in performance and efficiency to the existing
45 paint booth. Also, the paint is being changed to a water-base paint. With the new paint booth
46 and use of water-base paint, there would be no odor.
47
48 Commissioner Sanders: Air Quality thought it would be important for the public/staff/Commissioner
49 to know what the manufacturer's equipment emission rates are for any equipment type that would
50 create significant emission.
51
52 Darrin McCarty, Owner: There should be no significant emissions generated whatsoever. The job of
53 the equipment is to stop emissions from occurring. Everything is recycled, including the air and
54 comes out clean. He is in the process of getting quotes from different companies for his paint booth
55 equipment so he does not have the equipment specifications available. Every company is reputable
56 and the products heavily regulated.
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 7
1 Commission Helland: Asked the applicant to comment on certain materials and whether he uses
2 them and if so how does he dispose of them?
3 a. Solvents or mixed solvent paint waste.
4 b. Alkaline or acid cleaning solutions.
5 c. Waste paint booth filters.
6 d. Chemical paint strippers.
7
8 Darrin McCarty, Owner:
9 a. Paint waste is recycled into a solid form and can be disposed of in the regular trash bin. The
10 solvent is reused.
11 b. Do not use alkaline or acid cleaning solutions.
12 c. Waste paint booth filters are dried matter and can go into the regular trash and are not
13 treated as hazardous waste. Once the paint dries, it is non-toxic.
14 d. Do not use Chemical paint strippers. It is very rare that a stripper would be used, but if so, it
15 would be used on an old vehicle where those products go into the `recycler' because they are
16 liquid. Most of his work is collision-related. Essentially the repair is done and there is no use
17 of chemical stripping to remove paint.
18
19 Commissioner Whetzel: Is familiar with the operation of auto body and paint shops and stated the
20 auto body industry is one of the most highly environmentally regulated industries in the country and
21 has become more so in the last few years. Many of the questions about materials that Commissioner
22 Helland is asking about are probably not used any more. The industry uses low emission equipment,
23 water-born paints, 20 filter down-draft paint booths that are air-tight and other standards in
24 compliance with State and Federal regulations. He supports keeping the Palm trees.
25
26 Commissioner Helland: Her intent is to have as much information to make an informed decision.
27
28 Raymond Hall, Applicant's agent for the project:
29 • Thanked staff for their assistance with bringing the project forward. The project is an upgrade
30 to the site by making improvements to the landscaping, building, and sidewalks, new
31 signage, as well as to clean up the site. He comments as follows:
32 • Non-repairable vehicles are not a major component of the business. He provided a
33 photograph of the rear of the site and pointed out the not repairable vehicle area is not visible
34 to the residents.
35 • The intent is to provide for some exterior lighting in the rear of the building for safety/security
36 reasons to include motion detector lights. All measures will be taken to make certain lighting
37 does not impact the neighbors.
38 • Supports approval of the project.
39
40 Chair Pruden: Use Permit conditions of approval, attachment 4, page 9, staff recommends there will
41 be no repairs or storage of vehicles outside of the building.
42
43 Ray Hall: This will need to be changed in the event the Commission approves the ApplicanYs request
44 to have the not repairable vehicles located outside. The applicant requests that not repairable
45 vehicles shall be removed from the site in five working days rather than within five days.
46
47 Staff: Condition of Approval No. 2 addresses the operating characteristics for the business and is
48 important because the use permit does not just pertain to the applicant and current business owner,
49 but runs with the land regardless of what business and what operator is there. The Conditions of
50 Approval are mis-numbered. There are two Conditions of Approval #5. Condition #2 will need to be
51 modified depending on the outcome of Condition #5 and the direction given by the Planning
52 Commission related to vehicle storage. Condition #6 that addresses lighting for the project may have
53 to be modified. This condition includes the standard language concerning all aspects for lighting. It
54 may be that the Planning Commission based on the discussion could modify as necessary to suit the
55 project.
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 8
1 Dalice Villanueva: Owns a home on Oak Street adjacent to the auto body shop. Concerned about
2 the project related to noise, odor, lighting impacts, and handling/disposal of hazardous
3 materials/waste that could impact her health and safety. Also concerned that having an auto body
4 shop essentially in her backyard would lessen the value of her home. Nobody wants an auto body
5 shop in his/her backyard. Water-born paint does produce an odor.
6
7 PUBLIC HEARING CLOSED: 7:08 p.m.
8
9 Consensus of the Commission:
10
11 Commissioner Whetzel: There is a stigma associated with auto body shops. He is hopeful the
12 residential neighbors and applicant will work together on any issues that may arise and at some point
13 possibly consider replacing or making repairs to the shared fence at the rear of the property.
14
15 Commission: Appreciative the applicant will be a good neighbor and is making significant
16 improvements to the property likely having a positive effect on the property values in the
17 neighborhood.
18
19 Commissioner Sanders: The signage is aesthetically pleasing as long as it is not blocked by the
20 existing street tree.
21
22 Commissioner Molgaard: While the Commission and neighborhood expressed concern about
23 noise, odor, hazardous waste and property value, the business is site appropriate and heavily
24 regulated by the federal and state guidelines. The applicanYs testimony demonstrates that he
25 complies with the regulations and currently operates a business in a neighborhood where there have
26 been no complaints. She was not supportive of the lettering choice for the signage on the building.
27
28 Chair Pruden: The existing property is deteriorating and is pleased with the applicanYs willingness to
29 make significant improvements to the building, signage, landscaping, and building.
30
31 Staff: Recommends expanding the findings to reflect the issues of odor, noise and property value
32 raised in the discussions and that support the changes to the conditions of approval made by the
33 Commission.
34
35 Findings & Condition of Approval changes:
36
37 The conditions of approval need to be re-numbered.
38
39 Operational Characteristics
40 Based on the above discussion and further discussion the Commission made modifications/additions
41 to Condition of Approval No. 2 (operational characteristics)as follows:
42 A. Days and hours of operation shall be limited to Monday through Friday 7 am to 6 pm.
43 Saturday 8 am to 2 pm and closed on Sundays.
44 B. Pick up and drop off of vehicles is permitted from 6 pm to 7 am.
45 D. There shall be no repair of vehicles outside of the building.
46 E. At no time shall any part of the site be used as a salvage yard.
47 F. Non-repairable vehicles shall be removed from the site within 5 working days.
48 G. Customer cars shall not be located outside of the building for more than 48 hours.
49 H. The rear bay doors shall remain closed except to move customer vehicles into and
50 out of the facility.
51 I. Vehicles that are not able to be repaired and are waiting to be removed for salvage
52 shall be stored at rear of the property behind the fence in the location shown on the
53 approved plans. (This reflects bullet no. 1) formerly Condition of Approval No. 5 on
54 page 9 of the staff report and/or as reflected on page 3 of the staff report, lines 8 &9.
55
56 Landscaping
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 9
1 There was discussion about the landscaping.
2
3 Chair Pruden requested the landscaping plan substitute ornamental pear in the landscaping beds in
4 front of the building for the species shown on the plans and that the existing vegetation on the rear of
5 the property be identified. The applicant intends to clean up the site. The Commission made
6 recommendations concerning tree species.
7
8 A new Condition of Approval No. 5 was added: The existing trees at the rear of the property shall not
9 be removed.
10
11 The Commission recommended adding another condition regarding landscaping:
12
13 Plans submitted for building permit shall include the following and are subject to staff review and
14 approval:
15 A landscaping plan that substitutes ornamental pear in the landscaping beds in the front of the
16 building for the species shown on the plans.
17 The species and size of the existing trees located at the rear of the building.
18
19 Liqhtinq (Condition of Approval No. 6)
20 The Commissioner discussed lighting for the project and mitigation measures for potential impacts to
21 the neighbors. No changes or additions were made to the condition that addresses lighting. All
22 exterior lighting fixtures will be of type and wattage downcast so as not to impact the neighbors.
23 Motion sensor lighting is part of the lighting plan and is proposed for security purposes. The Final
24 Lighting Plan should reflect that the lighting for the facility shall not adversely shine towards
25 neighboring properties. Any complaint regarding lighting will be addressed.
26
27 Staff added Condition of Approval No. 28 to the standard Conditions of Approval, as re-numbered.
28
29 Finding No. 3 expanded language to address noise, odor and property value and to support changes
30 in the conditions of approval. The findings will be renumbered as necessary:
31
32 Noise
33 3(E) The project will not result in a noise impact to the residential uses located in the project vicinity,
34 including the residences located to the rear of the project site, based on the following;
35 The auto body shop will be located within an existing concrete block which will reduce any noise that
36 is generated within the building.
37 The building which is setback 37' — 55' from the rear property line that is located adjacent to
38 residential uses.
39 A condition of approval ahs been added that requires the bay doors located on the rear wall of the
40 building to remain closed during business hours, except as need to bring customer vehicles into and
41 out of the facility.
42 The business has operated within 15 feet of a residential neighborhood for at least six years and no
43 complaints have been received regarding the existing location.
44
45 Odor
46 3(F)The new language-The project will not result in an odor impact based on the following:
47 The applicant has indicated he will be using water based paint within a state of the art paint booth.
48 A condition of approval has been added that requires the bay doors located on the rear wall of the
49 building to remain closed during business hours, except as needed to bring customer vehicles into
50 and out of the facility.
51 The business has operated within 15 feet of a residential neighborhood for at least six years and no
52 complaints have been received regarding the existing location.
53
54 3(G)expanded on the language concerning the fence and vegetation:
55 There is an existing fence and vegetation that runs along the rear property line between the
56 residential uses to the west. The fence and vegetation will provide screening between the two uses. A
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 10
1 condition of approval has been applied to the project hat requires the existing trees located at the rear
2 of the site to be retained.
3
4 Property Value
5 3(H) expanded language concerning property value:
6 The project will not have a negative effect on the value of surrounding properties. The project will
7 improve and upgrade an existing vacant site. The project includes painting the building, new
8 landscaping and new signage which will improve the physical appearance and value of the property.
9 Occupancy of the site by the auto body shop will eliminate the potential for an unattractive nuisance
10 to be created by a long-term building vacancy.
11
12 M/S Whetzel/Helland to approve the Negative Declaration for Major Use Permit No. 09-35-UP-PC
13 with Findings 1-6. Motion carried (5-0).
14
15 M/S Molgaard/Sanders to approve the findings for Major Use Permit No. 09-35-UP-PC 1-3 as
16 presented by staff, including additional findings regarding odor addressed by water-based paint, the
17 potential noise/odor addressed by the bays being closed and that improving the site will not
18 negatively affect the property values since it is currently unoccupied and any other findings that
19 support the conditions that will later be passed. Motion carried (5-0).
20
21 M/S Sanders/Whetzel to approve Conditions of Approval 1-26 for McCarty's Auto Body Shop to
22 occupy the building at 970 N. State Street with modifications to the conditions made above. Motion
23 carried (5-0).
24
25 MCCARTY'S AUTO BODY USE PERMIT FINDINGS
26 APPLICATION #09-35-UP-PC
27 970 NORTH STATE STREET, APN 001-351-27, 34 AND 38
28
29 The following findings are supported by and based on information contained in the staff report, the
30 application materials and documentation, and the public record.
31
32 1. The proposed project, as conditioned, is consistent with the General Plan land use
33 designation of the property in that the project is consistent with Economic Development Goal
34 ED-1 to support a strong local economy in that the project would allow the use of an existing
35 building to house and retain a business that will continue service the citizens of Ukiah.
36
37 2. The proposed project, as conditioned, is consistent with the purpose and applicable
38 requirements of the zoning district based on the following:
39
40 • With an approved use permit the proposed project is a permitted use within the C-1
41 zoning designation.
42
43 • The project meets the intent of this zoning district in that the auto body shop will
44 provide commercial opportunities along North State Street which is the primary North
45 - South transportation corridor within the City.
46
47 • The proposed project meets the parking requirements of the zoning code in that the
48 project will provide 17 vehicle parking spaces and 2 bicycle parking spaces.
49
50 3. The proposed project, as conditioned, is compatible with surrounding land uses and shall not
51 be detrimental to the public's health, safety and general welfare based on the following:
52
53 A. The project site is located within an existing commercial corridor and is surrounded
54 by various retail and commercial uses.
55
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 11
1 B. The applicanYs business is currently located a few blocks north of the project site at
2 1080 North State Street; therefore there will not be an additional impact to the
3 neighborhood since the business is moving from one location to another in the same
4 area.
5
6 C. The project was reviewed by the City Building Official and Fire Marshal their
7 comments have been added as conditions of approval.
8
9 D. The project is required to comply with the requirements of the 1) California Building
10 Code for any tenant improvements as applicable 2) City of Ukiah Noise Ordinance 3)
11 the Mendocino County Air Quality Management District and 4) all other applicable
12 City, Local Agency, State and Federal requirements.
13
14 E. The project will not result in a noise impact to the residential uses located in the
15 project vicinity, including the residences located to the rear of the project site, based
16 on the following:
17
18 • The auto body shop will be located within an existing concrete block which
19 will reduce any noise that is generated within the building.
20 • The building which is setback 37' — 55' from the rear property line that is
21 located adjacent to residential uses.
22 • A condition of approval has been added that requires the bay doors located
23 on the rear wall of the building to remain closed during business hours,
24 except as needed to bring customer vehicles into and out of the facility.
25 • The business has operated within 15 feet of a residential neighborhood for at
26 least 6 years and no complaints have been received regarding the existing
27 location.
28
29 F. The project will not result in an odor impact based on the following:
30 • The applicant has indicated that he will be using water based paint within a
31 state of the art paint booth.
32 • The project requires a permit from the Mendocino County Air Quality
33 Management District, to comply with all requirements of the Mendocino
34 County Air Quality Management District including but not limited to emissions
35 reporting, and the MCAQMD has ongoing jurisdiction over air quality as it
36 relates to the proposed facility.
37 • A condition of approval has been added that requires the bay doors located
38 on the rear wall of the building to remain closed during business hours,
39 except as needed to bring customer vehicles into and out of the facility.
40 • The business has operated within 15 feet of a residential neighborhood for at
41 least 6 years and no complaints have been received regarding the existing
42 location
43
44 G. There is an existing fence and vegetation that runs along the rear property line
45 between the residential uses to the west. The fence and vegetation will provide
46 screening between the two uses. A condition of approval has been applied to the
47 project that requires the existing trees located at the rear of the site to be retained.
48
49 H. The project will not have a negative effect on the value of surrounding properties. The
50 project will improve and upgrade an existing vacant site. The project includes painting
51 the building, new landscaping and new signage which will improve the physical
52 appearance and value of the property. Occupancy of the site by the auto body shop
53 will eliminate the potential for an unattractive nuisance to be created by a long-term
54 building vacancy.
55
MINUTES OF THE PLANNING COMMISSION October 28, 2009
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1 PLANNING COMMISSION CONDITIONS OF APPROVAL
2
3 USE PERMIT CONDITIONS OF APPROVAL
4
5 Site Specific Conditions
6
7 1. Approval is granted for the operation auto body shop as described in the project description
8 submitted to the Community Development and Planning Department and date stamped
9 August 19, 2009 and as shown on the Improvement and Landscape plans submitted to the
10 Community Development and Planning Department and date stamped September 23, 2009,
11 except as modified by the following conditions of approval.
12
13 2. This Use Permit is granted subject to the following operating characteristics:
14
15 A. Days and hours of operation shall be limited to Monday through Friday 7am to 6pm,
16 Saturday 8 am to 2 pm and closed on Sundays.
17 B. Pick up and drop off of vehicles is permitted form 6pm to 7am daily.
18 C. The number of employees shall be limited to 8 full time employees.
19 D. There shall be no repair of vehicles outside of the building.
20 E. At no time shall any part of the site be used as a salvage yard.
21 F. Non-repairable vehicles shall be removed from the site within 5 working days.
22 G. Customer cars shall not be located outside of the building for more than 48 hours.
23 H. The rear bay doors shall remain closed except to move customer vehicles into and
24 out of the facility.
25 I. Vehicles that are not able to be repaired and are waiting to be removed for salvage
26 shall be stored at rear of the property behind the fence in the location shown on the
27 approved plans.
28
29 3. Since the project site includes three separate parcels and the existing building is located on
30 two of the parcel one of the two options listed below shall be completed prior to building
31 permit final.
32
33 A. The three lots shall be merged; or
34 B. Upon sale of any of the parcels ( APN 001-351-27, 001-351-34 or 001-351-38 )
35 which results in different ownership of the adjacent parcels, the following shall apply
36 1) the buildings bisected by the common property line shall comply with the fire and
37 building codes for construction adjacent to a property line 2) the necessary access
38 and parking easements shall be recorded in favor of the adjacent property owner.
39
40 4. A bicycle rack shall be added to the front of the building that has parking space for two bikes.
41 The rack shall be installed prior to building permit final and is subject to staff review and
42 approval.
43
44 5. The existing trees at the rear of the property shall not be removed.
45
46 6. Plans submitted for building permit shall include the following and are subject to staff review
47 and approval:
48
49 A. A landscaping plan that substitutes ornamental pear in the landscaping beds in the front
50 of the building for the species shown on the plans.
51 B. The species and size of the existing trees located at the rear of the building.
52
53 7. A Final Lighting Plan shall be included with plans submitted for building permit for review for
54 compliance with Ukiah City Code requirements for on-site lighting and with the International
55 Dark Sky Association guidelines for reducing nighttime lighting on the site. The Final Lighting
56 Plan shall include the following.
MINUTES OF THE PLANNING COMMISSION October 28, 2009
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1 A. Details regarding exterior lighting for structures, garden areas, and walkways, with
2 lighting sources that are full cut-off, hooded, down-cast, or otherwise shielded to ensure
3 that light does not adversely shine towards neighboring properties, or toward the night
4 sky, and that light bulbs are generally not visible to pedestrians on sidewalks or
5 designated areas or walkways on the site and at the property boundary, or to persons in
6 any building on or off the site.
7 B. All lighting shall be the minimum wattage and of a quality that provides adequate security,
8 but is not excessive and does not result in excessively bright night glow. Sufficient
9 details regarding the proposed type, wattage/luminescence, and illustration of the area
10 illuminated by each exterior light shall be provided so that Planning Staff can determine
11 the brightness and quality of the proposed lighting.
12 C. Exterior lighting (including signs) shall have built in motion and dusk to dawn
13 sensors.
14 D. Lighting devices and fixtures shall be designed, located and function compatible with the
15 site planning and design of the building.
16 E. The Planning Director shall have the authority to require the Final Lighting Plan to be
17 modified (including the type and wattage or intensity) and/or additional information to be
18 submitted so that the lighting meets the requirements listed above.
19
20 8. Signs are not included as part of this approval. Signs require application for and
21 approval of a sign/building permit.
22
23 9. On plans submitted for building permit, these conditions of approval shall be included as notes
24 on the first sheet.
25
26 From the Department of Public Works (Ben Kaqevama)
27
28 10. Prior to construction, improvement plans shall be prepared by a Civil Engineer and approved
29 by the by the Department of Public Works. Public sidewalk improvements outside of the
30 street right of way will require a sidewalk easement dedicated to the City. If feasible, on-site
31 drainage should be directed through and under-sidewalk drain.
32
33 11. Any existing curb, gutter and sidewalk in disrepair adjacent to the subject property shall be
34 repaired. All work shall be done in conformance with the City of Ukiah Standard Drawings
35 101 and 102 or as directed by the City Engineer.
36
37 12. The applicant shall incorporate in to the landscaping plan street trees spaces approximately
38 every 30' in a tree well or within 5' of the back of sidewalk, or as approved by the City
39 Engineer. Street trees shall be installed in accordance with City Standard drawing No 601.
40 Tree types shall be approved by the City Engineer.
41
42 13. All areas of circulation shall be paved with a minimum of 2" of AC on 6" of Base, concrete, or
43 other suitable all weather surface approved by the City Engineer. This includes the proposed
44 driveways and parking areas. If heavy truck traffic is anticipated from the solid waste
45 company, delivery trucks, or other heavy vehicles, the pavement section should be calculated
46 appropriately to ensure that it can withstand the loading.
47
48 14. All work within the public right-of-way shall be performed by a licensed and properly insured
49 contactor. The contractor shall obtain encroachment permit for work within this area or
50 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated
51 constriction costs.
52
53 15. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and
54 tested in accordance with City of Ukiah Ordinance No. 1105 and replaced if required. If an
55 existing lateral is to be abandoned, it shall be abandoned at the main to the satisfaction of the
56 Public Works Department.
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 14
1 16. All irrigation and dire services shall have approved backflow devices.
2
3 From the Fire Marshal (Chuck Yates)
4
5 17. Fire sprinklers shall be required.
6
7 18. The existing alarm, monitoring system shall be required to be maintained and it is
8 recommended that he system be modified for better
9
10 From Buildinq Official:
11
12 19. The proposed use will require a change of occupancy all requirements of Building
13 Department shall apply.
14
15 20. A building permit is required for all interior remodeling.
16
17 From Citv Electric Department:
18
19 21. Any fees associated with upgrading the old transformers or electric utilities extended
20 to new service panel and removal/ installation of the transformer shall be the
21 responsibility of McCarty's Auto Body/Contractor.
22
23 Standard Citv Conditions of Approval
24
25 22. Business operations shall not commence until all permits required for the approved use,
26 including but not limited to business license, tenant improvement building permit, have
27 been applied for and issued/finaled.
28
29 23. No permit or entitlement shall be deemed effective unless and until all fees and charges
30 applicable to this application and these conditions of approval have been paid in full.
31
32 24. The property owner shall obtain and maintain any permit or approval required by law,
33 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
34 agencies as applicable. All construction shall comply with all fire, building, electric,
35 plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time
36 the Building Permit is approved and issued.
37
38 25. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
39 future purchaser, tenant, or other party of interest.
40
41 26. All conditions of approval that do not contain specific completion periods shall be completed
42 prior to building permit final.
43
44 27. This Use Permit may be revoked through the City's revocation process if the approved
45 project related to this Permit is not being conducted in compliance with these stipulations
46 and conditions of approval; or if the project is not established within two years of the
47 effective date of this approval; or if the established use for which the permit was granted
48 has ceased or has been suspended for 24 consecutive months.
49 28. All required landscaping shall be properly maintained to insure the long-term health and
50 vitality of the plants, shrubs and trees. Proper maintenance means, but is not limited to the
51 following:
52 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate
53 according to the season, i. e., more water in summer, less in the winter.
54 B. Additional watering shall occur during long periods of severe heat and drying winds, and
55 reduced watering shall be used during extended periods of cool rainy weather.
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 15
1 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic
2 fertilizer according to the recommendations of a landscaping professional.
3 D. Weed killers shall not be used on or near trees.
4 E. The tree ties and stakes shall be checked every six months to ensure they do not
5 constrict the trunks and damage the trees.
6 F. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not damage
7 the trunk of the tree and its overall growth.
8 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including
9 vandalism, shall be replaced with the same or similar tree species, or an alternative
10 species approved by the department of Planning and Community Development.
11 H. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All
12 pruning shall follow standard industry methods and techniques to ensure the health and
13 vitality of the tree.
14 I. Failure to comply with the requirements listed above could result in revocation of the Use
15 PermiUSite Development Permit.
16
17 29. This approval is contingent upon agreement of the applicant and property owner and their agents,
18 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
19 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
20 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
21 aside, void or annul the approval of this application. This indemnification shall include, but not be
22 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
23 by any person or entity, including the applicant, arising out of or in connection with the City's
24 action on this application, whether or not there is concurrent passive or active negligence on the
25 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
26 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
27 remain in full force and effect.
28
29 9B. Guillon Retail Building Use Permit No. 09-31-UP-PC. Review and possible adoption of a
30 Mitigated Negative Declaration for the Guillon Retail Building Use Permit at 1230 Airport Park
31 Boulevard. Should the Planning Commission adopt the Mitigated Negative Declaration, the
32 Commission would consider the request for approval of Major Use Permit to allow the
33 construction of a new 16,005 Square foot retail building and associated site improvements in
34 the Redwood Business Park, 1230 Airport Park Boulevard, APN 180-080-25.
35
36 Staff recommends the Commission grant an extension of the project to November 10, 2009. Staff
37 provided the Commission with a letter from Steve Honeycutt, project general manager, dated October
38 28, 2009 requesting the extension.
39
40 It was consensus of the Commission to extend the hearing date for Guillon Retail Building Use Permit
41 to November 10, 2009.
42
43 10. NEW BUSINESS
44 10A. Election of Chairperson and Vice Chairperson. Annual election of Planning Commission
45 chairperson and vice chairperson.
46
47 M/S Helland/Sanders to re-elect Judy Pruden as Chairperson and Anne Molgaard as Vice-
48 Chairperson. Motion carried by an all AYE voice vote.
49
50 10. PLANNING DIRECTOR'S REPORT
51 • The CALSTAR project appeal was denied by Council.
52 • Reinstatement of the Planning Commission stipend is being reviewed by Council.
53 • Zoning Administrator will hear a request for a variance in November regarding a setback
54 issue.
55 • The Grocery Outlet appealed the project and will be heard by City Council November 18,
56 2009.
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 16
1 • Selection of the contract to prepare the EIR for the Wal-Mart expansion will be reviewed by
2 City Council November 18, 2009.
3 • The new Sears building project proposed in the AIP that was continued tonight will be heard
4 by the Planning Commission on November 10, 2209.
5
6 There was a discussion concerning upcoming planning seminars.
7
8 11. PLANNING COMMISSION REPORTS
9
10 The Planning Commission would rather use any stipend allotted be used for travel expenses to
11 planning seminars.
12
13 Chair Pruden:
14 • The Wagonseller neighborhood did another `City repair projecY and briefly elaborated on the
15 process.
16 • Asked the Commissioners to remember to vote.
17
18 Commissioner Helland: Stated the design guidelines for the AIP PD requires passive solar for
19 developments and would like the Commission to be more adamant about this for projects.
20
21 12. ADJOURNMENT
22 There being no further business, the meeting adjourned at 9:20 p.m.
23
24
25 Judy Pruden, Chair
26
27
28 Cathy Elawadly, Recording Secretary
29
MINUTES OF THE PLANNING COMMISSION October 28, 2009
Page 17