HomeMy WebLinkAbout03272013- packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
Wednesday March 27, 2013
6:00 P.M.
1. CALL TO ORDER 6:00 P.M. CITY COUNCIL CHAMBERS
UKIAH CIVIC CENTER, 300 SEMINARY AVENUE
2. ROLL CALL COMMISSIONERS CHRISTENSEN, DOBLE,
SANDERS, WHETZEL, CHAIR PRUDEN
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the January 23, 2013 and February 27, 2013 meetings are included
for review and approval.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for everyone to
be heard, please limit your comments to three (3) minutes per person and not more
than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments.
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning
permits are final unless a written appeal, stating the reasons for the appeal, is filed with
the City Clerk within ten (10) days of the date the decision was made. An interested
party may appeal only if he or she appeared and stated his or her position during the
hearing on the decision from which the appeal is taken. For matters on this agenda, an
appeal must be received no later than April 8, 2013.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
A. Pit Stop Use Permit Amendment and Outdoor Sales/Display, 777 South
State Street, APN 003-050-47 (File No: 13-01-UPA-PC). Planning Commission
consideration and possible action to amend the current Use Permit allowing an oil
change business to also include: 1) minor vehicle maintenance; 2) sales of tires,
wheels, rims and truck accessories; and 3) outdoor sales and display at 777 South
State Street.
Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours
in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend.
The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities
upon request. Please call (707)463-6752 or(707)463-6207 to arrange accommodations.
B. Hospice Thrift Store Use Permit, 401 South State Street, APN 002-269-05
(File No: 13-06-UP-PC). Planning Commission consideration and possible action on a
Use Permit to allow a thrift store to operate at 401 South State Street.
11. PLANNING DIRECTOR'S REPORT
12. PLANNING COMMISSIONERS' REPORT
13. ADJOURNMENT
Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours
in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend.
The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities
upon request. Please call (707)463-6752 or(707)463-6207 to arrange accommodations.
1 UKIAH PLANNING COMMISSION
2 January 23, 2013
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair
7 Kevin Doble
8 Linda Sanders
9 Mike Whetzel
10 Laura Christensen
11
12 STAFF PRESENT OTHERS PRESENT
13 Kim Jordan, Senior Planner Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by
19 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
20 Ukiah, California.
21
22 2. ROLL CALL
23
24 3. PLEDGE OF ALLEGIANCE - Everyone cited.
25
26 Chair Pruden welcomed new Planning Commissioner Laura Christensen.
27
28 Commissioner Christensen introduced herself, provided background information about herself and her
29 interest for wanting to serve as a Planning Commission.
30
31 4. APPROVAL OF MINUTES — The minutes from the December 12, 2012 are included for review
32 and approval.
33
34 Commissioner poble made the following corrections:
35
36 Page 6, lines 22 and 26, change 50-foot clearance to 15-foot clearance.
37
38 Page 9, line 17, change M/S Whetzel/Doble to M/S Doble/Whetzel.
39
40 M/S Sanders/Whetzel to approve the December 12, 2012 minutes, as amended. Motion carried (4-0)
41 with Commissioner Christensen abstaining.
42
43 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
44
45 6. APPEAL PROCESS — Chair Pruden read the appeal process. For matters at this meeting, the
46 final date to appeal is February 4, 2013.
47
48 7. SITE VISIT VERIFICATION - Confirmed by Commission.
49
50 8. VERIFICATION OF NOTICE - Confirmed by staff.
51
52 9. PUBLIC HEARING
53 9A. Pacific Outfitters Landscaping and Parking Plans and Outdoor Sales and Special Events
54 (File No: 09-25-SDP-PC and 12-20-UP-PC), 955 North State Street, APN 002-040-43. Planning
55 Commission and possible action on: 1)the landscaping and parking plans required as a condition
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 1
1 of approval for Site Development Permit #09-25-SDP-PC; 2) request for modifications to the
2 landscaping requirement(s); and 3) a Use Permit to allow outside sales and special events at
3 Pacific Outfitters, 955 North State Street.
4
5 Associate Planner Faso presented the staff report and staff is recommending approval of the Project.
6
7 Commission:
8 • Requested clarification that a lighting plan was required.
9 • Were changes made to the exterior lighting?
10 • Requested clarification the Commission is being asked to review the final landscaping plan and
11 parking plan for phase 3 as part of initial Site Development Permit, File No. 09-28-SDP-PC.
12 • Requested clarification the Planning Commission is also being asked to review the proposed use
13 permit for outdoor sales and special events.
14 • Requested clarification the request for modification to the landscaping requirements would be tied
15 back to the original site development permit.
16
17 Staff:
18 • A lighting plan was originally required for the Project and came as part of the Building Permit for
19 the original Site Development Permit for phase 1.
20 • No changes were made to the exterior lighting. The lighting plan was approved for the original
21 site development permit and found to be in compliance with City standards and the International
22 Dark Sky Association.
23 • Confirmed the Commission is being asked to review the final landscaping plan and parking plan
24 as part of phase 3 of the original site development permit and that modification to the landscaping
25 requirements would be tied to the initial site development permit.
26 • Confirmed in addition to review of the final landscaping plan and parking plan, the Commission is
27 being asked to review the proposed use permit for outdoor sales and special events.
28
29 PUBLIC HEARING OPENED: 6:12 p.m.
30
31 Brad Smith, applicant:
32 • The 14-day notification prior to an event in the parking lot is a problem. As he understands the
33 requirement, notification is necessary when Pacific Outfitters is holding an event in the parking lot
34 so that when people call with questions to the City Planning DepartmenUPolice Department
35 and/or other City departments/officials these departments have the information to confirm the
36 date and time of the event and that it is permitted and appropriately planned for. Is requesting the
37 condition be reworded so that Pacific Outfitters so that the notification is less than 14 days for
38 several reasons. The business does not always know when an event will be occurring. Special
39 events are different because they are planned for in advance and likely advertised. Occasionally,
40 representatives show up unannounced with a trailer to demonstrate a particular product and
41 parking spaces are used for the demonstration. In these cases, there is no time to give proper
42 notification. He has no problem notifying the City about an event, but to place a 14-day
43 notification restriction is a concern and poses a problem for his operation as a retail
44 establishment. Asks that the Planning Commission direct staff to reword and/or modify the
45 condition that 14 days prior to a special event, the applicant must notify the Planning Department
46 in writing of the proposed date(s)and time(s)of the proposed event.
47 • The reason for not having all the dimensions for the parking lot is due to grade/potential ADA
48 issues and other onsite constraints that needed to be worked out with the contractor. The issues
49 concerning the parking lot needed to be worked out before going to the expense of having an
50 engineer draw up the final plans for the parking lot. The first step in this regard was to get
51 Planning Commission approval prior to paying to have plans prepared.
52
53 Commission:
54 • Understands the site plans are not drawn to scale.
55 • Is the 14-day notification requirement a standard condition?
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 2
1 • Understands with the many layoffs in the different departments at City Hall, it makes sense that a
2 reasonable number of days for notification is necessary to ensure all related City departments are
3 properly notified as to then an event is occurring. It may be, however, that a compromise can be
4 made as to a notification time that would be reasonable and appropriate.
5 • Had a policy question regarding the number of events. Attachment 4 of the staff report, Condition
6 of Approval No 3 with regard to `Special Events' states A) Factory demonstrations shall not
7 exceed six time per year and no more than one event per month; B) Parking lot sales shall not
8 exceed six times per year and no more than one event per month; and C) Customer appreciation
9 days shall not exceed six time per year and no more than one event per month and whether
10 these requirements are statutory?
11 • Requested clarification the Planning Commission is not necessarily limiting the number of days,
12 but rather expanding on the original request.
13 • Pointed out Pacific Outfitters parking lot is different from that of Home Depot in terms of what can
14 be done in the parking lot. The location, size and busyness of the street are different.
15 • It is easier to begin with a limit on the number of days that the Planning Commission is okay with
16 taking into consideration traffic and congestion issues and/or other impacts as opposed to having
17 to come back through the process and ask for more days after the project has been approved.
18 • Asked for clarification regarding the language for attachment 4, page 1 of the staff report, line 39,
19 item D.
20 • Wildflowers may be difficult to establish, however once rooted they thrive.
21 • Supports shrubbery in the planters.
22
23 Staff:
24 • Confirmed the 14-day notification requirement to Planning staff is a standard condition that is
25 applied to use permits that have outdoor sales/special events. If the Planning Commission is
26 interested in doing something different, five working days is the minimum number of days to make
27 certain City staff is properly notified that a particular event is occurring.
28 • The requirements are not statutory. The applicant asked for fewer days for events. Staff in the
29 conditions is recommending more days. With regard to evaluating potential traffic and circulation
30 impacts in the parking lot, staff was okay with the different events occurring because they are
31 considered special or occasional and unlikely to impact State Street. Staff is of the opinion the
32 applicant should have a few more events than requested.
33 • Confirmed staff is recommending more days that the applicant requested. This is based on
34 previous Planning Commission decisions that have allowed more days for events, outdoor dining,
35 entertainment and the like.
36 • Line 39 should read, `Only one (1) Special Event may occur at a time.'
37
38 Brad Smith:
39 • Is of the opinion Pacific Outfitters is doing a pretty good job of renovating an old piece of property,
40 including the building.
41 • Has noted since he has been in business, other businesses in the neighborhood on North State
42 Street have also made significant improvements to their properties.
43 • With regard to the various types of events, does not want to take away any more parking than is
44 necessary.
45 • Because the community has treated Pacific OutFitters very well, would like to have special events
46 that include factory demonstrations, parking lot sales, and customer appreciation days in addition
47 to outdoor sales and display uses.
48 • Appreciates staff allowing for special events not to exceed six times per year and no more than
49 one event per month. It is unlikely that his business would have more than six customer
50 appreciation days and appreciates the idea that six would be allowed.
51
52 PUBLIC HEARING CLOSED: 6:22 p.m.
53
54 Commission:
55 • Has no issue with the applicant finishing the landscaping.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 3
1 • Likes having shrubbery in the planters to meet landscaping standards.
2 • The Flowering Pear is on the City's list for street trees. This type of tree species does very well as
3 street tree. Since the Flowering Pear does well as a street tree, it may be fine with the
4 Commission to possibly consider this tree species for the parking lot and noted the Strawberry
5 Tree has not thrived as well as the Flowering Pear.
6
7 Staff: Pointed out the Flowering Pear is not on the City parking lot tree list and they are being proposed
8 for use in the parking lot.
9
10 PUBLIC HEARING RE-OPENED: 6:27 p.m.
11
12 Brad Smith:
13 • Does not have a problem planting shrubbery.
14 • Has had difficulty with landscaping and getting vegetation to grow in certain areas. Noted the
15 landscaping in the planter areas between Auto Zone and Pacific Outfitters has never done well.
16 He would have to get permission from Auto Zone to plant. Even though Auto Zone and Pacific
17 Outfitters share parking the planter areas are on the Auto Zone property.
18 • Planting wildflowers is a good suggestion.
19
20 Chair Pruden:
21 • In order to get landscaping to grow, the right type of vegetation must be selected.
22 • Year around shrubbery would work. There is a large variety that does well in the community.
23 • Can leave a few suggestions regarding shrubbery with staff. The wildflower concept is only
24 seasonal.
25 • Staff will likely have to check the requirements for landscaping when there is a shared parking
26 agreement.
27
28 Commission consensus:
29 • No problems with the Project findings and conditions of approval for phase 3 of the site
30 development permit as provided for attachments 1 and 2 of the staff report.
31 • Supports the substitution of Flowering Pear for the parking lot tree.
32 • Would like to see Poppies planted in the planter islands with the shrubbery. This would be
33 aesthetically pleasing and in keeping with the outdoor theme of the business as a sporting goods
34 store.
35
36 Commissioner poble:
37 • What City departments need to be notified for events and the reasons why?
38 • Is it possible to give 24-hour notice?Would this be enough time?
39 • While he understands and respects the staff time and inconvenience that is involved in the
40 noticing process, it appears with outdoor sales we are essentially shifting the burden onto the
41 business rather than just handling it at the staff level.
42 • Supports a 24 or 48-hour noticing period so as not to shift the burden onto the business.
43 • A business cannot be jeopardized because sales representatives wishing to do a factory
44 demonstration operate as they do and gives no notice that they are in the area other than just
45 show up in the parking lot.
46 • The focus should be on the business needs and how it can best be accommodated.
47 • A 48-hour noticing period is reasonable to notify staff of a special event.
48
49 Chair Pruden:
50 • Pacific Outfitters is not the only business in town that has special events. If a preference is
51 extended to this business, it must be opened for others. Is of the opinion staff does not have the
52 ability to accommodate a short noticing period for events, particularly if a number of notices
53 comes in.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 4
1 • At least a five-day noticing period needs to be given so City staff can accommodate the
2 businesses having events. It stands to reason that product sales representatives, for instance,
3 should be able to call ahead of time and advise of their arrival.
4
5 Commissioner Whetzel:
6 • To expedite noticing, it may be that businesses can advise City dispatch of an upcoming event
7 and dispatch disburse the necessary information to City departments.
8 • Supports a 48-hour noticing period.
9
10 Staff:
11 • The City often receives complaints and inquiries about events that are occurring.
12 • Typically public works, police, fire and planning need to be notified of an event.
13 • 24-hour notice is not a realistic timeframe. Staff's preference would be five working days.
14 Planning Commission has the ability to modify the condition. A reasonable timeframe is
15 necessary so that such City departments, including police know the event is permitted and do not
16 have to respond by sending an officer/official.
17 • The noticing process involves the staff. If the Use Permit limits the number of events, it is
18 necessary to track the number of events for compliance. If the business notified the City of one
19 event, the City knows that one of six events has occurred.
20 • The problem for the applicant is not being able to control when factory demonstrations will occur.
21
22 Mike Whetrel:
23 • Does not consider`factory demonstrations' to be a special event.
24
25 Staff:
26 • Factory demonstration is considered a special event as part of the use permit and how things are
27 regulated.
28 • There may be a way to determine the staff that needs to receive a notice should the event be
29 happening during the weekend. Proper noticing needs to be at least 48 hours. Is not sure how
30 weekend situations should be handled and this is the reason staff suggested five working days'
31 notice of an event. If a notice comes through on a Friday or Saturday, there is no way the
32 appropriate City departments can be effectively notified.
33
34 Linda Sanders:
35 • Do the businesses on State Street differ from the larger stores that have big parking lots such as
36 Home Depot? Understands the standard noticing time is 14 days. If so, is this standard applied
37 to businesses on our main thoroughfares like State Street and other streets or is there a
38 different requirement for larger big box stores? How long has the City been applying this
39 condition?
40 • Is the notification helpful?
41 • How many businesses along State Street do outdoor sales?
42
43 Staff:
44 • No threshold has been established on which the notice timeframe is based. The noticing
45 requirement began about four years ago as more inquiries and complaints about events were
46 being received. As a result, staff is informed of an event happening, and can check whether or
47 not a business complies with the use permit if there is a use permit and send notice to the police
48 department for appropriate dispatch to whoever might get that phone call so staff can respond to
49 the question. The 14-day noticing standard has been the condition of approval used regardless
50 of where the business is located. There are not many businesses that have re-occurring special
51 events.
52 • Just to have the notification that an event is happening is helpful for informational purposes.
53 • Has no knowledge how many business along State Street actually have outdoor sales events,
54 but it is likely the number is small.
55
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 5
1 Chair Pruden:
2 • Does Commissioner Sanders see a timeframe that is reasonable between 14 days and 24 hours?
3
4 Commissioner Sanders:
5 • Foresees some problems with a 24 or 48 hour notice. The information is not going to get
6 distributed to all the appropriate departments when the public and other business may be
7 complaining about an event.
8 • Also, wants to steer away from Monday morning telephone traffic because people are calling the
9 City concerned about one retail business is able to have ongoing outdoor sales events.
10 • City staff needs to have notification for informational purposes why one business is allowed to
11 conduct outdoor sales or some special event.
12 • Has observed the parking lot for Pacific Outfitters is very active.
13 • Does not support reducing the noticing period to less than five days. Is of the opinion five days is
14 a reasonable compromise.
15
16 Chair Pruden:
17 • Requested clarification the 14-day notice concerns special events and not outdoor sales
18 according to finding 3C that states, `A condition of approval has been added that 14 days prior to
19 a special event, the applicant shall notify the Planning Department of the date and time of the
20 proposed event.'
21
22 Mike Whetzel:
23 • The City does not have a code enforcement officer so it would likely be the police department that
24 would have the information as to whether or not the event was permitted. If the noticing was 48 or
25 72 hours, it would be the police department who would be doing the checking to see if there was
26 an approved use permit.
27 • Supports a 48 or 72-hour noticing period.
28
29 Chair Pruden:
30 • It has been her experience that when calling about a possible violation regarding a use permit on
31 the weekend, the police department is called out.
32
33 Commissioner Christensen:
34 • Requested clarification about what is being called a `special event' because what likely occurs for
35 a factory demonstration concerning a trailer load of kayaks, for instance is that the trailer is going
36 to be parked in the parking lot. There will be no banners, balloons, bounce house and the like, but
37 rather extra merchandise sitting in the parking lot and is of the opinion this does not constitute a
38 special event.
39 • How should a special event be defined? She sees kayaks out in front of the business all the time.
40
41 Chair Pruden:
42 • It may be the applicant needs to further define what is being called a special event.
43 • Special event needs to be more clearly defined because the project for the proposed use permit
44 is being conditioned as to what is being called a special event as opposed to an outdoor sale or a
45 factory demonstration/workshop. It may be the workshop is the special event.
46
47 Brad Smith:
48 • Would like to describe the type of events Pacific Outfitters intends on having. The confusion may
49 be associated with the factory demonstrations/workshops. This is not really considered a special
50 event. While kayaks are displayed/shown on the site, they are moved to different locations such
51 as Lake Mendocino and considered by the City to be outside sales.
52 • A special event for Pacific Outfitters would be an event that is open to the public. Talked about
53 the type of `special events' his other sporting goods store have, such as a snowboarding contest.
54 A parking lot sale with special activities held once or twice a year would be another example of a
55 special event.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 6
1 • Having a product sales representative come by is not a special event either. Product sales
2 representatives come by all the time and sometimes park their vans/trailers onsite to show the
3 product.
4
5 Commission:
6 • Display of products is considered outside sales and not a special event.
7 • An event that involves customer/public participation is typically advertised for and/or promoted.
8 • City hall closes at 5:00 p.m. on Fridays for purposes of noticing events.
9
10 Chris Ostrom of Pacific Outfitters:
11 • His definition of a special event is an event that involves customer/public participation.
12 • Events that involve public participation are generally advertised, but there are times when
13 products sales representatives come with their team riders and trailers that open into a big box
14 for people see and/or to ride on the product, such as a bicycle. Such representatives show up
15 randomly and if you do not invite them to show the product, they simply move on. As such, they
16 have a `take it now or leave iY attitude.
17
18 Brad Smith:
19 • Having a 24 or 48 hour noticing period is reasonable. If, for instance, he was to have a special
20 event and found out on Wednesday and sent an email to the City the event was to be on
21 Saturday that is about a three-day notice. What if he was going to have an event on Sunday and
22 a product representative shows up on Friday to do a demonstration then this would be one
23 working day notice via email. Email is a communication tool that can be used anywhere in the
24 world anytime.
25 • The issue is about the definition of special events versus outside sales.
26
27 Staff:
28 • The distinction between outdoor sales and special events comes from staff. By Code anything
29 that is outside for display or sales requires a use permit and is considered Outside Sales and
30 Display. The conditions of the use permit the business currently operates under prohibit outdoor
31 sales/display. If there is any product outside, it is not allowed unless a use permit is approved so
32 what is trying to be accomplished is to distinguish between the request to have some outside
33 sales every day and as well as other occasional "Special Events." Condition of approval no. 2 for
34 the use permit speaks to the requirements for outdoor sales/display that occurs daily. A special
35 event is that thing or things Pacific Outfitters would like to do occasionally as described in the
36 project description from Pacific Outfitters. It appears the problem is with the factory
37 demonstrations. Staff's concern with regard to a use permit relates to public health and safety.
38 The intent is to provide proper noticing of an event and to use limited staff time wisely.
39 • Referred to the site plan that differentiates areas in the parking lot by various colors depending on
40 the proposed use for that area. Understands the applicant has requested factory demonstrations
41 occur in the pink area. The pink and orange designated areas on the coded map are more
42 concerning to staff because when those spaces get used there is the likelihood of blocking drive
43 aisles that could result in backing up traffic into State Street which could create an unsafe
44 condition for traffic and pedestrians.
45 • It may be possible to have factory demonstration events in the yellow or blue areas because
46 these areas are further away from the areas of concern. If the Commission agrees, the
47 Commission would need to determine the timing of notification of staff for these events. The
48 Planning Department needs to track these notifications for use permit compliance. The Police
49 Department needs to be notified because people do call the police to find out of this type of event
50 is approved, especially if it affects traffic. Notification of the police allows dispatch to inform the
51 caller that the use is allowed and prevents the need to send an officer. This is particularly
52 important on weekends when City Hall is closed and the only staff that can be reached by the
53 public is the Police Department. With limited staff resources, this can be an effective use of staff
54 time with limited imposition on the business owner. It may be possible for Planning Commission
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 7
1 can find a compromise to appropriately address the safety concerns and the needs of the
2 business.
3
4 Commissioner Christensen:
5 • Supports a notification period of somewhere between 48 hours and five days for a special event.
6 • Agrees when a special event is planned it is typically advertised for so that people will show up
7 such that more than 24-hours advance notification is necessary. It stands to reason then if the
8 event is planned and advertised, the City needs to be notified more than 24 hours in advance.
9
10 Chair Pruden:
11 • Is of the opinion City staff needs five working days notification and understands the difficulty on
12 the part of City staff of being able to get things done in a short timeframe.
13 • Staff has asked for 14 days notification and five days is more than a reasonable compromise.
14
15 Commissioner Whetzel:
16 • Can see where Pacific OutFitters may need to advertise for an event and plan ahead for it.
17 • Does not see a factory demonstration as a special event. It is related to outdoor sales.
18 • The use permit would have to be changed to distinguish factory demonstrations as being a
19 special event and separate this from the other use permit conditions.
20 • Special events are planned in advance, so City staff would be notified as soon as the applicant
21 plans and schedules the event.
22 • Factory demonstrations are not typically planned in advance and are typically seasonal.
23
24 Chair Pruden:
25 • Use Permit would allow Pacific Outfitters to conduct outdoor sales on a daily basis.
26
27 Commissioner poble:
28 • There is likely an opportunity to rearrange things to satisfy applicant and staff concerns by
29 possibly separating factory demonstrations from being a special event. The applicant is not
30 permitted to do outdoor sales of this type every day because only one parking space can be
31 used. To this end, Pacific Outfitters cannot use those other areas in the parking lot for that type of
32 activity; therefore, it has become apparent about the need to distinguish between factory
33 demonstrations and other special events by classifying factory demonstrations as outdoor sales.
34 • Factory demonstrations appear to be a very `clear-cut' activity where products sales
35 representatives come by on short notice whereas a parking lot sale would be advertised.
36 • Referred to attachment 4, item 3A that reads, `Factory demonstrations shall not exceed six times
37 per year and no more than one event per month,' and asked if this condition can be separated out
38 from a special event and require a 48-hour notice.
39 • May support rearranging where factory demonstrations can occur in the parking lot to make
40 certain congestion in the parking lot does not become an issue.
41 • Proposes to modify the location within the parking area that a factory demonstration should occur
42 and require a 48-hour notice.
43
44 Brad Smith:
45 • Factory demonstration is the event most likely to occur and is typically seasonal.
46 • It may take a day and a half to unload products so this is not really a sales event but rather
47 obtaining merchandise for eventual sale.
48 • Product sales representatives are an issue. Pacific Outfitters does not control the factory and
49 uses this term because there are also distributors. Factories have their own schedule of which
50 Pacific Outfitters has no control. Sometimes factory demonstrations pile up all on the same day
51 or, they come seasonally. They park next to each other on the days more than one representative
52 comes. As such, the representatives are typically gone by the second day.
53 • A special event is one where the public attends/participates. He has control over these types of
54 events.
55
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 8
1 Staff:
2 • Delivering products to a store is not an event.
3 • Factory demonstration is a special event and should not be separated out as part of outdoor
4 sales.
5 • The parking lot sales and customer appreciation days do not seem to be an issue.
6 • Staff needs to be clear about the business needs related to factory demonstrations. Asked the
7 applicant about the worst case scenario that could occur with regard to factory demonstrations
8 and how many parking spaces would be needed.
9 • Asked applicant where factory demonstrations should be located referring to the colored areas on
10 the plans submitted by the applicant. Is asking the question because outdoor sales that occur
11 daily will take up one of the yellow spaces and this is where the factory demonstrations occur the
12 way the conditions are written.
13 • Related to parking and compliance with the use permit, staff would be okay with factory
14 demonstrations taking up two yellow spaces or all of the designated blue spaces instead of the
15 pick or orange designated spaces because this is a safer situation and less likely that complaints
16 would be received.
17 • Additionally, staff would be comfortable if there is a way for Pacific Outfitters to notify planning
18 and police even within 24 or 48 hours if the information is given to the right persons. It is
19 important to use limited staff resources wisely.
20 • It is really not possible to regulate factory demonstrations by season. For purposes of Planning
21 Commission decision making could say factory demonstrations occur on average two times a
22 month with maybe one month having four demonstrations and another month having none.
23
24 Brad Smith:
25 • Worst case scenario would be the need for three parking spaces to accommodate factory
26 demonstrations.
27 • Does not have a problem with having no factory demonstrations in the designated pink area.
28
29 There was further staff/Commission discussion regarding the different events Pacific Outfitters has, the
30 number of events anticipated and how to treat factory demonstrations, parking lot sales and customer
31 appreciation days in terms proper noticing and compliance with the use permit conditions of approval, and
32 the Commission:
33 • With the exception of 3A of attachment 4 and the 14 day noticing period that would affect 3A, is
34 fine with special events being noticed 14 days with the exception of factory demonstrations.
35 • Is okay with staff's recommendation that factory demonstrations be conducted either in the blue
36 area or the yellow area as provided for on the coded map for a total of four spaces such that one
37 space could be used every day and no more than four spaces can be used in the yellow and/or
38 the blue area because the business must provide adequate parking.
39 • Supports that factory demonstrations not exceed 24 times per year.
40 • Supports crafting a new condition #3 that special events include factory demonstrations, parking
41 lot sales and customer appreciation days.
42 • Supports renumbering and provide for condition #4 that separates out factory demonstrations
43 from parking lot sales and customer appreciation and more appropriately defines what should
44 occur for just parking lot sales and customer appreciation days.
45 • Supports with regard to new condition of approval #3 that only one special event can occur at a
46 time.
47 • Supports separating out factory demonstrations from parking lot sales and customer appreciation
48 days and create a new condition with specific requirements.
49 • Supports outside sales/display and special events that include factory demonstrations are
50 prohibited in the pink area.
51 • More appropriately define use permit finding 3C by modifying the language to reflect a condition
52 of approval has been added that 14 days prior to a parking lot sale or customer appreciation day
53 special event that proper notification to the Planning Department be given and add a new finding
54 that a condition of approval has been added that 48 hours prior to a factory demonstration special
55 event the applicant gives proper notification to the Planning Department.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 9
1
2 PUBLIC HEARING CLOSED: 7:18 p.m.
3
4 Commission consensus:
5 • No change to Attachments 1 and 2 regarding the final parking and landscaping plan as required
6 for condition compliance of Site Development Permit 09-25 as part of phase 3 of the Project.
7 Planning Commission approved a substitution of species for the parking lot to Flowering Pear
8 based on information provided by staff in the staff report regarding landscaping.
9 • Planning Commission made the following modifications/additions to Attachment 4 for the use
10 permit conditions of approval based on the discussions above:
11 ■ No change to condition of approval no. 2
12 ■ Create new condition (This will be condition #3) to define Special Events: Special events
13 are limited to Factory Demonstrations, Parking Lot Sales, and Customer Appreciation
14 Days as described in the Project Description.'
15 ■ Modify existing Condition of Approval No. 3 and renumber to reads, 'Parking Lot Sales
16 and Customer Appreciation Days are subject to the following requirements:
17 A. Parking lot sales shall not exceed six times per year and no more than one event per
18 month.
19 B. Customer appreciation days shall not exceed six times per year no more than one
20 event per month.
21 C. Parking Lot Sales and Customer Appreciation Days are limited to the location shown
22 on the approved plans for the applicable type of Special Event.
23 D. The Parking Lot Sale/Customer Appreciation Day may only occur within the parking
24 spaces shown on the approved plan. No encroachment into landscaping, drive
25 aisles, backup space, or other parking spaces is allowed.
26 E. All items shall be removed from the parking area and located indoors overnight.
27 F. Overnight storage is prohibited.
28 G. Fourteen days prior to a special event the applicant shall notify the Planning
29 Department in writing of the proposed date(s) and time(s) of the event. Email
30 notification is adequate.
31 ■ Renumber condition 3D 'Only one special event is allowed to occur at a time.'
32 ■ Add new condition from Planning Commission and renumber that reads, `Factory
33 Demonstrations are subject to the following requirements:
34 A. Factory demonstrations shall not exceed 24 times per year.
35 B. Factory Demonstrations are limited to a maximum of 4 parking spaces. The parking
36 spaces used shall be the parking spaces identified as yellow or blue parking spaces
37 on the approved plans. No factory demonstrations shall be located in the pink area.
38 C. Only the location identified in condition #B for this item shall be used. No
39 encroachment into landscaping, drive aisles, backup space, or other parking spaces
40 is allowed.
41 D. All items shall be removed from the parking area and located indoors overnight.
42 E. Overnight storage is prohibited.
43 F. Forty-eight hours prior to a Factory Demonstration, the Planning Department and
44 Police Departments shall be notified in writing of the date(s) and time(s) of the event.
45 Email notification is adequate.
46 ■ Add new condition from Planning Commission and renumber that reads, `Outside
47 sales/display and Special Events (including Factory Demonstrations) are prohibited in the
48 pink area as identified on the approved plans.
49 • Planning Commission made the following modifications/additions to Attachment 3 of the Use
50 Permit findings based on the discussions above:
51 ■ Modify 3C to read, `A condition of approval has been added that 14 days prior to a
52 special event, the applicant shall notify the Planning Department of the date and time of
53 the proposed event.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 10
1 ■ Add a new finding and renumber that reads, 'A condition of approval has been added that
2 48 hours prior to a Factory Demonstration special event, the applicant shall notify the
3 Planning Department of the date and time of the proposed event.
4
5 M/S Whetzel/Doble to approve Pacific Outfitters Landscaping and Parking Plans and Outdoor Sales and
6 Special Events File No. 09-25-SDP-PC and 12-20-UP-PC with Findings 1-2 (attachment 1) and
7 Conditions of Approval 1-5 (attachment 2) for the final parking and landscaping plan required for
8 compliance with the Development Permit for phase 3 and Findings 1-3 (attachment 3) and Conditions of
9 Approval 1-17 (attachment 4) for the use permit to allow outside sales and display, yard sales, customer
10 appreciation days and factory demonstrations with the modifications and additions as discussed above.
11 Motion carried (5-0).
12 ATTACHMENT 1
13
14
15 SITE DEVELOPMENT PERMIT FINDINGS
16 FOR FINAL PARKING AND LANDSCAPING PLAN AS REQUIRED FOR CONDITION COMPLIANCE
17 OF SITE DEVELOPMENT PERMIT 09-25
18 955 NORTH STATE STREET, APN 002-040-43
19 FILE NO: 09-25-SDP-PC
20 AT 955 NORTH STATE STREET, APN 002-040-43
21 FILE NO: 09-25-SDP-PC
22
23 The following findings are supported by and based on information contained in this staff report, the
24 application materials and documentation, and the public record.
25
26 1. The location, size, and intensity of the proposed project will not create a hazardous or
27 inconvenient vehicular or pedestrian traffic pattern and the accessibility of off-street parking areas
28 and the relation of parking areas with respect to traffic on adjacent streets will not create a
29 hazardous or inconvenient condition to adjacent or surrounding uses based on the following:
30
31 A. The Project includes the paving and striping of the existing parking facility and the
32 installation of landscape planters with trees. The parking facility would not be expanded.
33 B. Conditions of approval have been applied requiring: 1) parking plan to be submitted with
34 the grading plan that complies with the zoning ordinance requirements for parking
35 facilities; 2) planting of shrubs and ground cover in the landscaping planters; and 3)
36 limiting location of outdoor sales/display and special events to parking spaces only(no
37 encroachment into backup space or drive aisles
38 C. The proposed improvements with the conditions of approval would not create hazardous
39 or inconvenient vehicular or pedestrian traffic pattern or change the pedestrian circulation
40 or traffic circulation.
41
42 2. Sufficient landscaped areas have been reserved for purposes of separating or screening the
43 proposed structure(s)from the street and adjoining building sites, and breaking up and screening
44 large expanses of paved areas based on the following:
45
46 A. The site is currently developed and a shared parking plan was previously approved by
47 Planning Commission.
48 B. The existing development and previous parking plan limit the opportunities for additional
49 landscaping.
50 C. The plans include new parking lot trees and conditions of approval have been included
51 requiring shrubs and ground cover to be planted in the planter islands.
52
53 ATTACHMENT 2
54
55
56 SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 11
1 FOR FINAL PARKING AND LANDSCAPING PLAN AS REQUIRED FOR CONDITION COMPLIANCE
2 OF THE SITE DEVELOPMENT PERMIT
3 955 NORTH STATE STREET, APN 002-040-43
4 FILE NO: 09-25-SDP-PC
5
6
7 1. Approval is granted for the Final Parking and Landscaping plan submitted to the Planning
8 Department and date stamped December 17, 2012 except as modified by the following conditions
9 of approval.
10
11 2. Plans submitted for building permit shall include the following and are subject to staff review and
12 approval:
13
14 A. Plans drawn to scale.
15 B. Landscaping plan, including the size, species, and location of trees, shrubs, and groundcover
16 to be installed. Trees shall be a minimum of#15 and shrubs a minimum of 5 gallon.
17 C. Irrigation plan.
18 D. Parking stalls, drive aisles and back up space that comply with zoning ordinance
19 requirements.
20
21 3. Prior to commencement of any activities included in this Use Permit, the applicant shall pay all
22 fees associated with this permit.
23
24 4. Prior to issuance of any building, grading or other permits for this property, the applicant shall pay
25 all fees associated with this permit.
26
27 From the Building Official
28
29 5. A building permit and improvement plans shall be require for installation of the parking lot and the
30 additional landscape planters.
31 ATTACHMENT 3
32
33
34 USE PERMIT FINDINGS TO ALLOW OUTSIDE SALES AND DISPLAY, YARD SALES, CUSTOMER
35 APPRICIATION DAYS AND FACTORY DEMOSTRATIONS
36 AT 955 NORTH STATE STREET, APN 002-040-43
37 FILE NO: 12-20-UP-PC
38
39 The following findings are supported by and based on information contained in this staff report, the
40 application materials and documentation, and the public record.
41
42 1. The proposed project is consistent with the General Plan as described under General Plan in the
43 staff report.
44
45 2. The project is consistent with the Zoning Ordnance as described in Table 2 of the staff report.
46
47 3. The project will not be detrimental to the public's health , safety and general welfare based on the
48 following:
49
50 A. The Project provides 26 parking spaces plus 16 spaces shared with the site to the north. The
51 daily outside display of items would only take up one parking space. During special events
52 (customer appreciation, parking lots sales, manufacturer demonstrations), a maximum of 4
53 spaces would be used leaving 22 spaces available for customer and employee parking.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 12
1 B. The proposed outside sales and special events would be ancillary to the existing retail use of
2 the site. Conditions of approval have been included to ensure that the outdoor sales and
3 special events remain ancillary.
4 C. A condition of approval has been added that 14 days prior to a Customer Appreciation Day or
5 Parking Lot Sale special event, the applicant shall notify the Planning Department of the date
6 and time of the proposed event.
7 D. A condition of approval has been added that 48 hours prior to a Factory Demonstration
8 special event, the applicant shall notify the Planning Department and Police Department of
9 the date and time of the proposed event. (From the Planning Commission)
10 E. The project has been reviewed by the Fire Marshal, Police Department, Building Official, and
11 Public Works. Conditions of approval from reviewing departments have been applied to the
12 Project.
13 F. The project is required to comply with all federal, state and local laws.
14
15
16 ATTACHMENT 4
17
18
19 USE PERMIT CONDITIONS OF APPROVAL TO ALLOW OUTSIDE SALES AND DISPLAY,YARD
20 SALES, CUSTOMER APPRICIATION DAYS AND FACTORY DEMOSTRATIONS
21 AT 955 NORTH STATE STREET, APN 002-040-43
22 FILE NO: 12-20-UP-PC
23
24 1. Approval is granted to allow outside sales and display, yard sales, customer appreciation days
25 and factory demonstrations as described in the project description and date stamped October 16,
26 2012, November 2, 2012, November 14, 2012 and December 1, 2012 submitted to the Planning
27 and Community Development Department, except as modified by the following conditions of
28 approval.
29
30 2. Outdoor sales/display are subject to the following requirements:
31
32 A. Days and hours shall be the same as the days and hours of operation for the retail
33 establishment.
34 B. Display/sales of canoes, kayaks, and other similar larger merchandise sold by the business
35 are allowed.
36 C. No more than one (1) parking space shown in yellow on the approved plans shall be used for
37 outdoor sales/display.
38 D. All items shall be located within the parking space identified in condition#2C above and shall
39 not encroach into landscaping, drive aisles, backup space, or other parking spaces.
40 E. All items shall be removed from the parking area and located indoors overnight.
41 F. Overnight storage is prohibited.
42
43 3. Special Events are limited to Factory Demonstrations, Parking Lot Sales, and Customer
44 Appreciation Days as described in the Project Description.
45
46 4. Parking Lot Sales and Customer Appreciation Days are subject to the following requirements:
47
48 A. Parking Lot Sales shall not exceed 6 times per year and no more than one event per month.
49 B. Customer Appreciation Days shall not exceed 6 times per year and no more than one event
50 per month.
51 C. Parking Lot Sales and Customer Appreciation Days are limited to the location shown on the
52 approved plans for the applicable type of Special Event.
53 D. The Parking Lot Sale/Customer Appreciation Day is allowed only within the parking spaces
54 shown on the approved plan. No encroachment into landscaping, drive aisles, backup space,
55 or other parking spaces is allowed.
56 E. All items shall be removed from the parking area and located indoors overnight.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 13
1 F. Overnight storage is prohibited.
2 G. Fourteen days prior to a Parking Lot Sale/Customer Appreciation Day, the applicant shall
3 notify the Planning Department in writing of the proposed date(s) and time(s) of the event.
4 Email notification is adequate.
5
6 5. Outdoor display/sales as allowed in condition #2 above are allowed on the same day as the
7 Special Events allowed in condition#3 above.
8
9 6. Outside storage of inerchandise is prohibited.
10
11 7. Only one (1) Special Event allowed by condition #3 is allowed to occur at a time.
12
13 8. To ensure adequate and easily accessible parking for customers, all employees shall park at the
14 rear of the building.
15
16 9. Prior to commencement of any activities included in this Use Permit, the applicant shall pay all
17 fees associated with this permit.
18
19 10. Prior to issuance of any building, grading or other permits for this property, the applicant shall pay
20 all fees associated with this permit.
21
22 From the Planning Commission
23
24 11. Factory Demonstrations are subject to the following requirements:
25
26 A. Factory Demonstrations shall not exceed 24 times per year.
27 B. Factory Demonstrations are limited to a maximum of 4 parking spaces. The parking spaces
28 used shall be the parking spaces identified as yellow or blue parking spaces on the approved
29 plans. No factory demonstrations shall be located in the pink or orange area.
30 C. Only the location identified in condition #11 B shall be used. No encroachment into
31 landscaping, drive aisles, backup space, or other parking spaces is allowed.
32 D. All items shall be removed from the parking area and located indoors overnight.
33 E. Overnight storage is prohibited.
34 F. The Planning Department and Police Departments shall be notified in writing of the date(s)
35 and time(s)of the event. Email notification is adequate.
36
37 12. Outside sales/display and Special Events (including Factory Demonstrations)are prohibited in the
38 pink and orange areas shown on the approved plans.
39
40 Standard Conditions
41
42 13. Business operations shall not commence until all permits required for the approved use, including
43 but not limited to business license, tenant improvement building permit, have been applied for
44 and issued/finaled.
45
46 14. No permit or entitlement shall be deemed effective unless and until all fees and charges
47 applicable to this application and these conditions of approval have been paid in full.
48
49 15. The property owner shall obtain and maintain any permit or approval required by law, regulation,
50 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
51 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
52 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
53 and issued.
54
55 16. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
56 future purchaser, tenant, or other party of interest.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 14
1
2 17. All conditions of approval that do not contain specific completion periods shall be completed prior
3 to building permit final.
4
5 18. This Use Permit may be revoked through the City's revocation process if the approved project
6 related to this Permit is not being conducted in compliance with these stipulations and conditions
7 of approval; or if the project is not established within two years of the effective date of this
8 approval; or if the established use for which the permit was granted has ceased or has been
9 suspended for 24 consecutive months.
10
11 19. Except as otherwise specifically noted, the use permit shall be granted only for the specific
12 purposes stated in the action approving the Use Permit and shall not be construed as eliminating
13 or modifying any building, use, or zone requirements except to such specific purposes.
14
15 20. This approval is contingent upon agreement of the applicant and property owner and their agents,
16 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
17 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
18 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
19 aside, void or annul the approval of this application. This indemnification shall include, but not be
20 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
21 by any person or entity, including the applicant, arising out of or in connection with the City's
22 action on this application, whether or not there is concurrent passive or active negligence on the
23 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
24 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
25 remain in full force and effect.
26
27 10. PLANNING DIRECTOR'S REPORT
28 Senior Planner Jordan reported:
29 • There will be no Planning Commission meeting on February 13.
30 • It appears the draft EIR for Costco will be published January 30. The intent is get the document
31 delivered to Planning Commission on February 1.
32 • The public hearing on the DEIR is planned for February 27.
33
34 11. PLANNING COMMISSIONERS' REPORT
35 Commissioner Whetzel reported the Ukiah Airport Day will be held June 1, 2013.
36
37 Chair Pruden reported three Pistachio trees have been lost to a disease in the Downtown and she is
38 working with the Public Works Department to get these trees replaced by March. When there is a
39 disease, the same species cannot be used for replacement. Releaf is donating the trees. Releaf is also
40 working with the City Parks and Recreation Department for more trees in the City Park. A Chinese New
41 Year celebration will be held in February in the Downtown. This year will be the `year of the snake.'
42
43 12. ADJOURNMENT
44 There being no further business, the meeting adjourned at 8:12 p.m.
45
46
47 Cathy Elawadly, Recording Secretary
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 15
1 UKIAH PLANNING COMMISSION
2 February 27, 2013
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair
7 Kevin Doble
8 Linda Sanders
9 Mike Whetzel
10 Laura Christensen
11
12 STAFF PRESENT OTHERS PRESENT
13 Kim Jordan, Senior Planner Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by
19 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
20 Ukiah, California.
21
22 2. ROLL CALL
23
24 3. PLEDGE OF ALLEGIANCE - Everyone cited.
25
26 4. APPROVAL OF MINUTES — The minutes from the January 23, 2013 meeting are included for
27 review and approval.
28
29 Commissioner Sanders made the following corrections:
30 Page 6, line 15, add a sentence to read, `Asked if there would be outdoor sales or demonstrations of
31 firearms?'
32
33 Page 6, line 49, applicanYs response: `Sales of firearms are heavily regulated so there would be no
34 display or sales outdoors.'
35
36 Page 9, line 15, correct typographical error to read, `pink.'
37
38 Commissioner poble noted comments made by Benj Thomas were inadvertently omitted from the
39 minutes and requested they be included:
40
41 Benj Thomas:
42 • Expressed his appreciation for Senior Planner Jordan and the Planning Commission for their
43 willingness to be flexible with meeting the needs of the applicant.
44 • We do not want to be in a position of inhibiting sales and is confident the Commission is moving
45 to a position where this will not occur.
46 • With regard to the application process and scheduling a special event, supports that more of the
47 work that has to be done to approve special events be something the applicant is responsible for
48 doing so in order to be able to streamline the process.
49 • The City Planning Department has done a wonderful job with examining/evaluating projects and
50 helping to streamline processes and doing more of the work upfront to benefit applicants and
51 hopes this will continue.
52
53 M/S Doble/Sanders to defer approval of the January 23, 2013 minutes to the next regular Planning
54 Commission meeting. Motion carried (5-0).
55
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 1
1 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
2
3 6. APPEAL PROCESS—There are no appealable items.
4
5 7. SITE VISIT VERIFICATION
6
7 8. VERIFICATION OF NOTICE
8
9 9. NEW BUSINESS - EDUCATIONAL PRESENTATION
10 9A. Education and Training on the California Environmental Quality Act (CEQA). Environmental
11 Science Associates (ESA) will present an educational training on the California Environmental
12 quality Act(CEQA 101).
13
14 Planning Director Stump introduced Brian Grattidge of Environmental Science Associates (ESA).
15
16 Brian Grattidge, ESA gave a training introductory overview about the quantitative analysis conducted for
17 CEQA review of projects, the purpose and processes, how/why the document is prepared and associated
18 agency involvement, how, when and why the document applies to projects, information about the
19 decisions/determinations made thereof about document significance as it relates to timelines, potential
20 project impacts (direct, indirect, short term, long term, cumulative, growth inducing), determinations made
21 about significance of project impact given a baseline and data about the threshold of significance, indirect
22 and cumulative impacts and associated effects, elements that define/identify socio-economic effects, role
23 of Negative Declarations/Mitigation Negative Declarations, exemptions, public review process, types of
24 EIR's, scoping process, approval process concerning the final EIR and other information about study
25 conclusions as provided for in the handout.
26
27 Brian Grattidge:
28 • Regarding the CEQA process cannot replace the concept of what substantial evidence is with a
29 regulation because agencies having an association vary in their thresholds of what is acceptable
30 and what is not.
31
32 Planning Commission: Asked for an example in this regard.
33
34 Brian Grattidge: Health and water quality standards, for example, are often disputed because of
35 agencies that have varying levels of what is acceptable and what is not where an explanation is then
36 necessary why one level was chosen over another. The same scenario occurs with traffic. For example,
37 Caltrans may have a level of service and the City may have a level of service. Even though one agency
38 may have more responsibility for a particular roadway, it does not necessarily follow that this threshold is
39 used. Noise is another example where a threshold may differ from agency to agency. There may be a
40 variety of regulations where the `decimal level' is where an explanation is necessary why one threshold
41 level is being used. This does not necessarily make this acceptable if it can be argued there is some
42 other circumstance involved related to noise that is not being captured by the decimal standard chosen
43 and adopted by the existing agency. Air quality is yet another example where most EIR's rely on the air
44 quality control district because this agency has put the most research into it, but it is not automatic data.
45
46 Cited a recent court case where an agency had been challenged because it had adopted an ad hoc
47 threshold. There are times when there is no threshold where either the city has not adopted one or there
48 is not another agency with a clear threshold that can be used so what occurs in this regard is the adoption
49 of `ad hoc' thresholds in EIRs and this was the basis of the challenge in the court case concerning the
50 validity of the EIR. The court rejected the argument and basically said if proof can be shown why a
51 particular threshold was being used and why this reflects the judgment of a certain agency then this is the
52 agency's decision.
53
54 Accordingly, with regard to project impacts, added there is the project being looked at and then there is
55 the universe of projects surroundings it that may have overlapping or punitive effects. These aspects
56 must be looked in the EIR. Some impacts are easier than others. There are certain impacts where the
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 2
1 cumulative methodology is fairly clear and/or fairly standardized. Using traffic as an example, traffic is not
2 only looked at today, but how it will be tomorrow. Other impacts such as aesthetics may be `trickier' to
3 define what the cumulative context is, but this is yet another aspect that must be considered in an EIR.
4
5 Commissioner Sanders:
6 • Referred to page 12 of the `CEQA 101' handout concerning the public review process of the EIR
7 and asked about how response to comments are processed/handled.
8
9 Brian Grattidge: A response to a comment that raises significant environmental points is required. There
10 are instances where agencies weigh in on a comment to acknowledge they are part of the process and
11 that the point has been reviewed. A comment on the merits of the project itself will not typically generate a
12 response whether written or an acknowledgment and is essentially the response of the decision making
13 body and does not get written into the EIR. The comment in this regard could be `pro' or 'con' or
14 questions/comments about the project objective and corresponding possible effects, such as economic
15 factors of the project, social/policy desirability of the project or the like typically do not solicit a full
16 response. There would be a response to comment/inquiries as to why a particular point was not looked at
17 or asking about the methodology used. As such, it may be that minor revisions need to be made in the
18 EIR.
19
20 Chair Pruden: Asked about how editorial corrections are handled in an EIR and corresponding
21 appendices.
22
23 Brian Grattidge: Incorrect reference to a document or agency would be corrected where the response
24 would be to make that editorial change.
25
26 10. PUBLIC HEARINGS
27 10A. Costco Warehouse and Fuel Station Draft Environmental Impact Report (File Nos.: 11-01-
28 REZ-SDP-CC-PC-CE/11-16-EIR-CC), South End of Airport Park Boulevard. Conduct a public
29 hearing to receive public and Planning Commission comment on the Costco Warehouse and Fuel
30 Station Draft Environmental Impact Report (DEIR). The Project consists of the construction of a
31 Costco Wholesale warehouse and fuel station. The EIR analyzes a maximum warehouse size of
32 148,000 square feet and a fuel facility of up to 20 pumps on a 15.33-acre site. The Project would
33 include a bakery, pharmacy, optical center, hearing aid testing center, food court, photo center,
34 tire center, and fuel station, along with the sales of 3,800 to 4,000 retail products. The tire center
35 would be a 5,692 square-foot attached building with member access through the inside of the
36 main Costco building and would include retail tire sales and a tire installation facility. The fuel
37 station would be located in the southeast corner of the site and initially would have 16 stations
38 (with an option to expand to 20 stations. The Project site is located on the east side of Airport
39 Park Boulevard between Ken Fowler Auto Center and the terminus of Airport Park Boulevard.
40 The review period for the Draft EIR ends March 15, 2013 at 5:00 p.m.
41
42 The Project requires City Council approval of a Rezoning, Planning Commission approval of a
43 Site Development Permit, and City Engineer approval of a Lot Line Adjustment.
44
45 Brian Grattridge, ESA:
46 • Gave an introduction presentation on the Costco Wholesale Project Draft Environmental Impact
47 Report (DEIR) (see handout) as it relates to:
48 1. Background
49 2. Location and description of the proposed project
50 3. Entitlements
51 4. Scope of the EIR (aesthetic, air quality, urban decay, geology & soils, hazards and
52 hazardous materials, hydrology & water quality, land use noise, public services & utilities,
53 transportation & traffic, global climate change, biological resources, population & housing
54 and cultural resources)
55 5. Project impacts that are less than significant (land use, noise, population and housing, public
56 services, urban decay)
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 3
1 6. Project impacts that are potentially significant (aesthetics, geology & soils,
2 hazards/hazardous materials, hydrology and water quality, traffic and circulation, biological
3 resources, cultural resources)
4 7. Project impacts that are significant and unavoidable (air quality, traffic and circulation, global
5 climate change)
6 8. Project alternatives (no project, reduced size, off-site location alternative, other alternative
7 location)
8 9. Next steps concerning the project.
9
10 PUBLIC HEARING OPENED: 7:13 p.m.
11
12 DEIR, Table ES-1, Summary of Impacts and Mitiqation Measures
13 Aesthetics
14
15 Chair Pruden:
16 • Section not clear about lighting for the project and why no mitigation measure was mentioned. If
17 the business closes at 8:30 p.m., one-half the parking lot lights could be turned off at 10:00 p.m.
18 or midnight and why this was not brought up as a mitigation measure. Is of the opinion this is a
19 valid mitigation and one that should have been discussed. If some of the lights were turned off in
20 the parking lot between 10:00 p.m. and midnight, this would be past the hours of operation for
21 the business.
22
23 Commission:
24 • It may be since the project has achieved the level of Less than Significant (LTS)for this potential
25 environmental impact, no mitigation measure is necessary.
26 • Does agree turning off some lights in the parking lot would be energy saving.
27 • It may also be there are different hours of operations occurring on the site. Closing time differs
28 for the fueling station.
29 • It may also be that employees would be working later to stock shelves.
30
31 Commissioner Whetzel:
32 • Concern with regard to aesthetics pertinent to the location/orientation of the building facing
33 Highway 101 as being the first thing someone sees when coming into Ukiah. It appears there are
34 a sufficient number of trees to screen much of the building.
35
36 Commission:
37 • Flag aesthetic concern about appropriate screening of trees for the building from Highway 101.
38
39 Air Qualitv
40
41 Commissioner Sanders:
42 • How many employees will be serving the gas station? This would generate some impacts. If the
43 project was not supported with the gas station, this would reduce impacts.
44 • Of the 200 employees how many will be working in the pump gas station?
45
46 Staff: There is one attendant for the gas station.
47
48 Jack Cox:
49 • Provided staff and the Commission with a letter from himself, John Mayfield, Dan Thomas, G.
50 Wesley Caldwell, and James Thomson regarding the Costco DEIR that are incorporated into the
51 minutes as attachment 1.
52 • Concerns expressed why the Brush Street Triangle was not included as an alternative.
53
54 Chair Pruden:
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 4
1 • Referred to air quality, ES-4, that reads, `Reflective roof material will meet the requirements for
2 the USEP's Energy Star energy efficiency program.'
3 • Is concerned as to what the reflective materials mean because aircraft fly over this area.
4 Reflective in terms of heat is one thing, but reflection of light is another. Reflection of light from
5 the roof is not a good idea and should not occur.
6 • The roof should consist of a dull surface so as not to cause glare.
7 • Recommends this issue be clarified, better defined or modified.
8
9 Commissioner Whetzel:
10 • If this is the case, reflective light would be occurring `on the downwind' when the sun is more in
11 the easterly direction.
12 • The potential use of reflective roofing materials should be flagged for further review.
13
14 Urban Decav
15
16 Chair Pruden:
17 • An analysis was conducted on how the project would impact other food retailers/vendors, but for
18 the other uses that will operate in Costco there is no analysis of how they could affect local
19 audiology/ hearing aid, tire, optometrist, pharmacy, photo center businesses in town. Having
20 these types of businesses is obviously profitable for Costco. There are numerous businesses of
21 this sort in town and is not sure the reason no analysis was conducted for them. Is of the opinion,
22 these businesses would be affected. Ukiah is an area where `the pie would just get sliced that
23 much thinner' in terms of retail sales for those types of businesses that would be affected by
24 Costco and there is no discussion about which of these business types could go under.
25 • While the DEIR talks about other businesses, there is very little discussion about possible closure
26 of a tire shop/center. There are many tire stores/centers in Ukiah.
27 • Found language in the DEIR to be very unusual that states `our goods are not homemade like
28 SchaYs Bakery although you can buy a pie twice as big for the same price.'
29 • Considering the amount of detail talked about for the food stores, the document does not go into
30 any kind of detail for tire centers, optometrist, audiologist, and pharmacy businesses and how
31 these businesses might be economically impacted.
32 • Document does not identify what business could go out of business as a result of Costco. Unlike
33 the list for the grocery stores, there is no list broken down for`other retail' businesses.
34 • In terms of economic decay, the statistical information and analysis is deficient with regard to
35 `Other Retail' businesses. There is no discussion, for instance, whether or not these stores will be
36 economically impacted. As such, Table 6 on page 39 of Appendix F provides analytical
37 information for food stores, but there is no detailed information about `Other Retail' businesses.
38 • The examples given in the draft document talks about the newer buildings such as the former
39 Mervyn's and K-Mart that have been readily leased to viable businesses (Kohl's and Home
40 Depot) and does not really discuss and/or provide sales analysis for the little businesses in town.
41
42 Commissioner Sanders:
43 • Page 3.3-18 of the DEIR, bullet 3 (Other Retail), talks about other businesses.
44 • It may be beneficial to reference the appropriate addendum associated with urban decay.
45
46 Commissioner poble:
47 • Section 3.3-18 of the DEIR `Other Retail' states, `The other$5.2 million in sales occur in a variety
48 of goods (including pharmacy, pet supply, office, sporting goods,jewelry, and books).'
49 • Questioned if Chair Pruden is asking for a report about specific businesses rather than
50 categorizing their overall percentage of sales impact.
51
52 Chair Pruden:
53 • A table similar to Table 6 for `Other Retail' business, particularly for the tire service businesses
54 should have been provided giving information about sales impacts and what would likely occur.
55
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 5
1 Brian Grattidge:
2 • Confirmed the assorted services captured under`other retail.'
3 • Table 3.3-3, page 20 of the DEIR combines the services into retail categories, i.e., home
4 furnishing & appliances, food & beverages, gasoline stations and other retail. The intent is to
5 prioritize that area of retail having the most potential for impact this being `food & beverage'
6 followed by `home furnishings & appliances.' While a potential vacancy is unfortunate for a
7 particular business/property owner translating this to retail areas having the most potential for
8 significant environment effect is what is being looked such as for Food Maxx, Lucky's, etc.
9 • Is of the opinion placing business types in retail categories as shown in the table rather than
10 individually is helpful in understanding the overall environmental effect by category, scale of
11 what the market area is and why certain market areas are `honed' in. While Costco sells many
12 products, where sales would be most felt is grocery and food.
13
14 Mark Watson (Comfort Inn):
15 • Is a business and property owner in the Redwood Business Park
16 • Is also speaking on behalf of Doug Guillon, another business/property owner in the Redwood
17 Business Park.
18 • He, Doug Guillon and other groups that have expressed an opinion are comfortable with the
19 DEIR. Staff has done a good job of explaining the EIR, Project and impacts.
20 • Formerly a resident of Humboldt County is familiar with Costco coming into an area similar to
21 Ukiah. When Costco came to Eureka, not aware of any businesses that closed due to Costco.
22 Businesses may have closed for other reasons.
23 • Costco is a great neighbor, asset to every community they come into, and a great employer that
24 provides a good salary and benefits.
25
26 Commissioner poble:
27 • If the approach were to look at every business and identify if it would be affected comparatively
28 as it may only represent a small percentage of the sales base does this change whether or not
29 the DEIR provides sufficient information to determine its adequacy or does it have more of an
30 effect on the project itself and the project impact should it be approved? Is of the opinion there
31 has to be a stopping point somewhere such that not every single business can possibly be
32 analyzed for possible effects.
33 • One question that should likely be asked is whether gasoline stations include tire sales or is this
34 all lumped into one category. Is it necessary to break out what percentage of the sales base is tire
35 stores so it is known at least where such sales fall in comparison to the threshold established?
36 • Looking at Table 3.3-3, what category would tire sales fall within the list of four retail categories.
37 • Is not necessarily questioning whether an analysis was done for the little businesses such as tire
38 stores, but rather what category they fall under so as to get an understanding of the impact and
39 whether it is up or down relative to the Project.
40
41 Brian Grattidge:
42 • Tire sales would not be under gasoline sales.
43 • In terms of determining the sales base, tires are incorporated into the motor vehicles and parts
44 category as provided for in the appendix. Some of the tables in this document will have this
45 information.
46 • Table 3.3-3, tire sales would be included in the `Home Furnishing &Appliance' retail category.
47 • Related to optometry, pharmacy, audiology, etc., would be categorized under`Other Retail.'
48 • With regard to sales percentages and/or leakage areas that would be recaptured from Costco
49 sales in Santa Rosa and Rohnert Park is a significant part of the analysis. This leakage would
50 then be recaptured back into the Ukiah market without the existing businesses necessarily feeling
51 the full brunt.
52
53 Commissioner Sanders:
54 • Pages 44-46 of the DEIR, Cumulative Project Sales Estimates and Sales Impacts, and asked if
55 this should be added to the analysis?
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 6
1 Chair Pruden:
2 • Finds the urban decay analysis `skimpy' in order to make a decision. In terms of the urban decay
3 analysis, there are buildings in town that have very little re-lease potential so the potential exists
4 for urban blight should these buildings become vacant. For purposes of urban decay would like to
5 have seen an analysis of how many small buildings would be affected by Costco.
6 • As such, the problem is the analysis does not give information about the number of buildings that
7 could potentially go out of business, but instead provides statistical data for four retail categories.
8 • The retail categories in Table 3.3-3 are too broad-based.
9
10 Commissioner Whetzel:
11 • It appears the businesses being discussed are categorized under `Other Retail' in the tables and
12 for clarification purposes supports having asterisks/notes identifying what types of business
13 constitute `Other Retail.' There is no information about what constitutes this retail sales category.
14 Costco sells a wide variety of products and the DEIR lists the individual retail categories such as
15 a bakery, pharmacy, optical center, hearing aid testing center, food court, photo center, tire center
16 and fuel station.
17 • The DEIR is adequate to understand the project impacts using the retail categories provided for in
18 Table 3.3-3.
19 • Related to the urban decay analysis, it would be too burdensome to identify every
20 business/building and provide statistical data about potential sales impacts.
21
22 Commission consensus:
23 • Supports Commissioner Whetzel's recommendation concerning a breakdown of what business
24 types constitute `Other Retail.'
25 • Is assuming from Table 3.3-3 that tire centers are included under`Other Retail.'
26
27 Staff:
28 • It appears the Commission is requesting the DEIR identify what part of each broader retail
29 category tire centers are included in and what percentage of sales do they make up. How a retail
30 category is broken down depends upon the table because a business type might be in different
31 retail category in different tables.
32 • What needs to be done is to identify which category includes tire services. For purposes of the
33 Table 3.3-3, it could be tire services are included in `Home Furnishings & Appliances.' The
34 Commission is asking for verification that tire services are included in that category and what
35 percentage it makes up within that category. It may be that this needs to be done for each table
36 because tire services may not be included in the same category in each table.
37 • Also, need to identify what is included in `Other Retail' which may not include tire services,
38 depending on the table.
39 • Recommended to the best of our ability any time the retail category reads, `Other Retail' include a
40 note that identifies what'Other Retail' is and also address the tire center issue.
41
42 Break: 8:05 p.m.
43
44 Reconvene: 8:15 p.m.
45
46 Geoloqv and Soil
47
48 Commissioner Sanders:
49 • Referred to page 3.4-9 of the DEIR, `The City contracts with a private firm for plans requiring
50 structural engineering review' and asked the name of the firm.
51
52 Staff: The name of the firm is Seabrook and Associates and the name of this firm has recently been
53 changed to Phillips/Seabrook Associates.
54
55
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 7
1 Chair Pruden:
2 • Related to a seismic event, one of the most dangerous areas a person could be in for a new
3 building is a high stacking warehouse kind of building where there is large shelving that goes up
4 several feet. This is a concern.
5 • Questioned why environmental documents do not talk about injury and possible fatality from
6 shelving detaching or materials coming off. Costco stores have high stacking of products on
7 shelves over arms reach, which is typically a warehouse approach. There is no mitigation
8 measure mentioned in the DEIR for tying down shelving or limiting of heights. This section
9 focuses on the geo-technology of the soil.
10 • Questioned why interior building safety issues associated with seismic events such as stacking of
11 merchandise on high shelves are not addressed in environmental documents.
12 • Is the stacking of inerchandise not addressed in the DEIR because this is not considered to be an
13 environmental issue?
14
15 Commissioner Whetzel: The aforementioned issue related to safety and high stacking of shelves would
16 likely pertain to the California Building Code and applicable warehouse standards for building and/or
17 subject to other types of regulations, such as OSHA in terms of dealing with heights and other related
18 safety issues.
19
20 Staff: Confirmed stacking of inerchandise on shelves related to safety would be subject to building code
21 requirements and reviewed by the Building Official.
22
23 Brian Grattidge: Safety with regard to stacking of inerchandise on shelves is covered by a standardized
24 code and is a building code issue. CEQA documents rarely go into building code issues. Unlike some
25 buildings, the Costco building requires a geo-technical report/survey. What is generally seen is the EIR
26 analyzes, the effect of the project on the environment and not the effect of the environment on the project.
27 As such, the issue of safety as it relates to CEQA is essentially a `gray area.' If there was something
28 about the building that could be demonstrated as unique to the site, this would be handled/covered by the
29 California Building Code.
30
31 Commissioner poble: Essentially the Building Code is the mitigation measure.
32
33 Hazards and Hazardous Materials
34
35 Commissioner Sanders:
36 • Inquired about the light poles in the parking lot and potential impacts to the Airport.
37
38 Commissioner Whetzel: There would be no effect.
39
40 Chair Pruden:
41 • Referred to Appendices A-C and inquired about a geo-technical report from the consulting firm of
42 Kleinfelder for Phase I Environmental Site Assessment.
43 • Is not disputing the laboratory data in the report, but rather drew attention that the site was a
44 former ranch where the finding of arsenic is not unusual. Apparently, arsenic was not detected in
45 the soil analysis or monitoring of the groundwater. Redwood Coast Lumber Company also
46 operated on the site for many years and has no knowledge whether or not chemicals were used
47 as part of this operation.
48
49 Commissioner Sanders:
50 • It may be information regarding soil testing/sampling is explained in Appendix F, Phase II
51 information.
52
53 Chair Pruden:
54 • Asked if more soil testing was going to be done for the site for any toxins/contaminants since the
55 property did function as a ranch and a lumber company.
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 8
1 • The DEIR contains editorial information that is incorrect about the site. The property was ranched
2 beginning as early as the late 1800s rather than beginning in 1957 and continuing until the 1960s
3 as documented in the DEIR.
4
5 Brian Grattidge:
6 • There are appendices within appendices related to information/data in the Phase I and Phase II
7 Environmental Site Assessment.
8 • There will be no further soil testing for the site because sampling results done for the phases was
9 negative indicating no further sampling was required.
10 • Related to the level of significance after mitigation, (LTS) effects under 'Hazards' environmental
11 impact indicates there are no potential significant effects from hazards. Acknowledged that while
12 the Planning Commission made a good point the property has a history, based on the soils
13 testing it was determined no additional testing was necessary. Testing everything is not feasible.
14 To this end, this is the reason for Mitigation Measure 3.5.2, Hazards Remediation, `If
15 contaminated soil and/or groundwater are encountered or suspected contamination is
16 encountered during Project construction activities, work shall be halted in the area, and the type
17 and extent of the contamination shall be identified in accordance with coordination of the
18 overseeing agency' i.e., local health department, State regional water board and/or other relevant
19 agencies.
20 • No need for further testing has been identified at this time since there was no indication in the
21 environmental reports of where further testing should be done.
22
23 Commissioner poble:
24 • Is of the opinion the soil testing/sampling and methodology was conducted appropriately,
25 information is adequate and representative of what needed to be done in the way of testing for
26 contaminants on the site.
27 • The report shows the grid pattern used for soils testing. Is not comfortable questioning the work
28 done by a professional engineer and his testing methodology.
29 • Reviewed the document regarding soil and groundwater testing/monitoring and the testing did not
30 produce/show any arsenic content.
31
32 Commissioner Whetzel: Agrees with Commissioner poble.
33
34 Hvdroloqv and Water Qualitv
35
36 Commissioner poble:
37 • Referred to ES-8 of the DEIR, Impact 3.6.4, with regard to the mitigation measure for this impact,
38 and requested clarification regarding the last sentence ending, 'with-.'
39 • Questioned Impact 3.6.5 that specifically refers to the fueling station and noted the level of
40 significance after mitigation is listed as LTS and why there is no mitigation measure required. It
41 seems as though Mitigation Measure 3.6.4 might be appropriate for this. Is of the opinion there
42 should be some mitigation measures for the installation of the new fueling station and associated
43 activity thereof. The corresponding mitigation measure states `none is required.'
44
45 Commissioner Whetzel:
46 • Clarified the sentence ending 'with' extends to the next page ES-9 to read, 'project conditions.'
47 • Pointed out Impact 3.6.8, for instance, the mitigation measure states implement Mitigation
48 Measure 3.6.4.
49
50 Commissioner poble:
51 • To clarify, related to Impact 3.6.5, the level of significance after mitigation is `LTS' for this impact
52 and it may be that a mitigation measure should be implemented for this impact and suggests this
53 mitigation measure could be 3.6.4 for this category rather than `none required.'
54
55
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 9
1 Commissioner Sanders:
2 • Is of the opinion the aforementioned is a good suggestion.
3
4 Commissioner Whetzel:
5 • This may be a good suggestion unless Mitigation Measure 3.6.4 encompasses the gas station
6 facility.
7
8 Brian Grattidge:
9 • The mitigation measure pertains to the entire site. The intent when looking at Table ES-1 for this
10 environmental impact is there was not something unusual a standard regulation that which is
11 included in Measure 3.6.4 would not encompass. A cross reference could be added for clarity.
12 The Commission would have to direct whether or not they were of the opinion the fueling station
13 facility is a potentially significant impact that requires mitigation to be lower than what was found
14 for measure 3.6.4 or provide for a `backstop' measure to remind everyone that the fueling station
15 is part of the Project.
16
17 Commissioner poble:
18 • Is of the opinion a mitigation measure is required for Impact 3.6.5 and it could be as simple as
19 what Mr. Grattidge is proposing.
20
21 Commissioner Sanders:
22 • Questioned the issue of drainage and flow into the Caltrans area/ditch on the east side of the site
23 for the use of the bio-swale if this element has been approved by Caltrans. It appears City staff
24 has been having conversations with Caltrans in this regard.
25 • Page 3.6-11: Stormwater Management Plan (SWMP) states `The City is required to implement
26 the SWMP and comply with the General Permit. The purpose of the SWMP; City of Ukiah, 2006)
27 is to implement and enforce a series of management practices designed to reduce the discharge
28 of pollutants from urban runoff or MS4 permit.' MS4 being a standard permit that pertains to
29 runoff for buildings/parking lots and requested clarification as to City standards and the list of
30 what appears to be policy statements 1 through 6 on page 3.6.11. Is of the opinion this portion of
31 the DEIR is vague.
32
33 Commissioner poble:
34 • His understanding of the Stormwater Management Plan is the six items listed are policy
35 statements as well as headings. Each one of these statements/headings is an item that has to
36 have a document with it that shows how they are being addressed. It may be this aspect was not
37 clarified in the DEIR document.
38
39 It may the SWMP should be provided for somewhere in the DEIR document.
40
41 Land Use and Planninq
42
43 Commission:
44 No comments/questions.
45
46 Noise
47
48 Commission:
49 No comments/questions.
50
51 Public Service and Utilities
52
53 Commissioner Whetzel:
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 10
1 • With regard to the Walmart Expansion Project, there was discussion about the need for increased
2 City Police Department presence for Walmart and asked if this is a possibility for the Costco
3 Project?
4
5 Chair Pruden:
6 • Flagged the element of need for police presence for Costco because it was necessary for
7 Walmart. The number of callouts to the police department for Walmart is documented in a report
8 log. It is not known about what the situation will be for the Costco Project.
9 • It may be with how Costco operates requiring that customers be members having a picture
10 identification card to be able to shop may have an effect on the need for police presence for that
11 store.
12 • Essentially at this point there is no baseline to go by in terms of the environmental impact relevant
13 to the need for public services for Costco.
14
15 Transportation and Traffic
16
17 Commissioner Whetzel:
18 • Has concern about the condition/quality of Airport Park Boulevard to be able to handle the
19 amount of traffic Costco would likely generate. The road is not presently in good condition.
20 • Are there plans to make improvements to Airport Park Boulevard?
21
22 Chair Pruden: Should there have been an environmental analysis for impacts to Airport Park Boulevard?
23
24 Brian Grattidge:
25 • No analysis was done and/or core samples taken to determine how the roadway is holding up in
26 the case of Airport Park Boulevard because the assigned use is consistent with the assigned
27 category of use for the roadway. Wear and tear of a roadway is not necessarily an element that
28 would be looked at for an environment impact document unless there was a change in use.
29 Maintenance issues aside, the use assigned to the street is not changing to accommodate retail
30 projects.
31
32 Commissioner poble: A nexus for an increased `loading' of a road beyond what was originally planned
33 would be necessary to require a mitigation measure for maintenance and/or improvements to it as it
34 pertains to a new development.
35
36 Brian Grattidge:
37 • Public facilities may have roads designed for a particular use where the category of use is
38 consistent with the assigned category of use for the roadway. As such, no analysis was
39 necessary for the Costco Project. An evaluation may be necessary if there happens to be
40 something unusual such as amount of truck traffic related to distribution then this matter might
41 have to be looked at. While Costco may have some truck traffic related to operation, it is not
42 along the lines of distribution and the kind of thing that would trigger an analysis of that level.
43 • The Commission is correct that a determination of a nexus would be necessary in order to ask for
44 repairs/maintenance for a project that was moving into an area designated for its type of use.
45 • The General Plan does essentially cover the issue of land uses.
46
47 Commissioner Whetzel:
48 • Airport Park Boulevard is not equipped to handle multiple heavy vehicles of which many travel
49 that roadway to accommodate the different retail establishments operating in Redwood Business
50 Park.
51 • Is of the opinion Airport Park Boulevard was built substandard for those types of heavy vehicles
52 that use this road and has not held up for the wear and tear it receives.
53 • The road is unable to accommodate all the retail uses operating in the Park.
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 11
1 • Is the condition of Airport Park Boulevard an environmental issue that has not been addressed
2 and the expectations if the roadway is not repaired it will deteriorate even further which has some
3 effect?
4
5 Planning Director Stump:
6 • The City Public Works Department is developing plans for a maintenance overlay project of
7 Airport Park Boulevard that will occur sometime in the future.
8 • Confirmed the condition of Airport Park Boulevard is not an environmental issue.
9
10 Commissioner Whetzel: Repairs to Airport Park Boulevard must include more than just an overlay.
11
12 Planning Director Stump: Reference to an overlay is just a `manner of speaking.'
13
14 Global Climate Chanqe
15
16 Chair Pruden:
17 • The issue of global climate change and subsequent potential significant impacts is a topic of
18 discussion for all future projects. To this end, are there mitigation measures that might work to
19 help mitigate this particular issue?
20 • Is it possible to include a `no idling zone' as a mitigation? This type of inechanism has not been
21 used in town.
22 • Has no knowledge how long a Costco shopper stays inside a store, but it is probably 45 minutes
23 to an hour or more. It is not uncommon to see cars idling in a mini-mart and would assume for a
24 Costco shopper this would not occur often. Has observed idling of cars at Walmart. The issue of
25 no idling has never been talked about as a mitigation measure for air quality or global warming
26 impacts.
27 • It may be that idling of vehicles in parking lots should be made a mitigation measure.
28 • `Is no idling' ever used as a mitigation measure in an environmental document?
29 Commissioner Whetzel:
30 • Idling of cars would not likely be a situation that would occur at Costco.
31 Staff: Based on years of being a Costco shopper, you are often in the store for an hour or more, so
32 people do not let their cars idle.
33
34 Brian Grattidge:
35 • A mitigation measure concerning idling of vehicles has been used as a health and/or energy use
36 mitigation but not for passenger vehicles.
37 • The California Air Resources Board presently has standards for the idling of heavy trucks.
38 • A mitigation measure for idling of vehicles (non-passenger) is essentially a health mitigation
39 because of diesel emissions.
40 • There is really no getting in and out of Costco quickly because a membership card must be
41 presented and it takes time to shop in the store so idling of passenger vehicles would not likely
42 occur often.
43 Bioloqical Resources
44
45 Chair Pruden:
46 • Referred to the Klienfelder study in the DEIR document. It appears the consultants went to the
47 site for a day or two to note/observe/survey whatever birds could be seen.
48 • What is evident in the Kleinfelder document as a supporting document is that 18 acres were used
49 as the survey area. The Costco site is 15.33 acres, but 18 acres were surveyed. For study
50 purposes consultants are allowed to go off site as part of the survey.
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 12
1 • Cited page 1 of 53 in Appendix A-C, Executive Summary, dated December 9, 2011 and asked
2 about why the consultants surveyed another 2.7 acres as opposed to the actual area and is this
3 normal practice?
4 Commissioner poble:
5 • Typically in a Phase 1 Environmental Assessment, a `broad brush' effort is done and with this
6 mitigation measures are attached to the biological resources. Consultants are required to actually
7 conduct pre-construction surveys of nesting habitat within 500 feet of any construction activity. It
8 is his understanding the information must be certified through Department of Fish and Game.
9 • Essentially there is the Phase 1 Environmental Assessment and then there is the real `nuts and
10 bolts' assessment that is listed in the mitigation.
11
12 Brian Grattidge:
13 • Added, it is important to note that Phase I Environmental Assessment was not relied upon for the
14 biological resource survey. ESA sent and their own biological resource team to survey the site,
15 which is the basis for section 3.12, Biological Resources on pages 3.12-1 and 3.12-2 of the DEIR
16 where 15.33 acres were surveyed.
17 • Would assume that Phase 1 Environmental Assessment included either the State (Caltrans)
18 drainage on the east side of the property or some of the City-owned drainage facilities on the
19 south side of the property, which is how the survey got to approximately 18 acres. The correct
20 property area is noted in the biological resources section of the DEIR. The survey was a
21 reconnaissance-level survey of the Project site, literature searches, and database queries.
22 • Commissioner poble was correct in that the Phase 1 Environmental Site Assessment was a pre-
23 construction survey based on the type of habitat that was observed. Department of Fish and
24 Game would be notified if a viable nest was discovered and appropriate protection measures
25 would be identified by Fish and Game.
26
27 Chair Pruden:
28 • Our local Audubon Society has creditable statistics that were not used as a reference in the DEIR
29 and questioned the reason for this. The Audubon Society fully surveys those areas where the
30 proposed Project is to be located. The studies are very complete because the area is located
31 near wetlands.
32 • It appears a larger database was used as opposed to a local database.
33 • Would like to see the Audubon Society statistics for those areas in and around the proposed
34 Project in the DEIR.
35 Population and Housinq
36
37 Commission:
38 No comments/questions.
39
40 Cultural Resources
41
42 Chair Pruden:
43 • When the Ukiah Valley Area Plan was completed, some of the historical information was incorrect
44 and used for other documents.
45 • Referred to section 3.14, Cultural Resources, and requested editorial changes:
46 1. Page 3.14-2, Historical Content, `The City of Ukiah was first settled in 1856 by Samuel Lowry.
47 Initially incorporated into Sonoma County, an independent Mendocino County government
48 was established in 1859 with Ukiah as the chosen county seat (City of Ukiah, 2008; Palmer
49 1880).'
50
51 Mendocino County is an original California county formed in 1850. Ukiah became the county
52 seat in 1859. Mendocino County was never incorporated into Sonoma County. Accordingly,
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 13
1 independent Mendocino County government was `not established,' but rather a county seat
2 was set up to 'administer.' This information needs to be corrected.
3
4 2. The Ukiah Demolition Review Committee reviewed the Dutton/Cox property in April 6, 2007
5 and this property has been part of the Dutton ranch since 1886. There is full documentation
6 that the area where Costco is to be located was farmed since 1886 and the information in the
7 DEIR states the area was farmed since 1957. This information is an incomplete
8 documentation of history that is repeated in other areas of the document that the area has
9 been ranched since 1957. She will advise staff where the misinformation occurs in different
10 sections of the DEIR.
11 Chapter 1: Purpose and Use of this EIR
12
13 Commission:
14 No comments/questions.
15
16 Chapter 2: Project Description
17
18 Commission:
19 No comments/questions.
20
21 Chapter 3.1: Aesthetics
22 Chair Pruden:
23 • The document indicates there is no aesthetic impact on the scenic corridor. Has observed the
24 new Target Store development occurring in Petaluma. Can no longer see Petaluma behind a
25 large concrete wall that is the east elevation of the Target store. The scenery has been changed.
26 • Would like to see what the Costco building will look like from the freeway other than a depiction of
27 the elevation as in how much of the hillside and/or surrounding areas can be seen.
28 • Is of the opinion the new Costco building could impact the view of the Western Hills, but does not
29 know how significant the impact would be.
30 • Referred to pages 3.1-4 and noted a visual of the building would be helpful to see if there would
31 be impacts to the scenic corridor and how significant and/or to see if the building would not
32 change the existing visual character or quality of the site or surroundings where the impact would
33 be less than significant as provided for in Impact 3.1.1 on page 3.1-9 of the DEIR. There is no
34 mitigation measure for the impact.
35 • With the big box being built there is no way of judging whether or not it is going to impact or not
36 on the scenic corridor because there is no model/information provided in this regard.
37
38 Staff:
39 • The impact analysis states the impact would be less than significant and does not say there is no
40 impact. There is no mitigation measure because the impact is less than significant.
41 Commissioner poble:
42 • Is of the opinion the information in the section related to `Aesthetics' makes sense. The DEIR
43 states the Project is in an existing business park surrounded by other businesses that have the
44 same/similar height and landscaping requirements and characteristic and therefore.
45 • Questioned if the issue is if the threshold of significance is whether or not the hillside can be seen
46 after the building is constructed or does the Project fit the visual character of the surroundings as
47 one is driving up the freeway corridor. Is fine with looking at the development in the latter context
48 in terms of it being an acceptable threshold of significance aesthetically. It did not occur to him
49 that an acceptable threshold level of significance is whether or not one could see the hillsides.
50 • The question is really about the level of significance or not. If there is some debate as to whether
51 the threshold of significance is adequate or not there needs to be a discussion.
52 • It is his understanding the General Plan designated area in the Redwood Business Park and/or
53 Airport Industrial Park (AIP)for retail/commercial types of use.
54
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 14
1 Chair Pruden:
2 • The Ukiah General Plan talks about impacts to scenic corridors. Looking across from the freeway,
3 the Project would impact the scenery from Highway 101. The question is whether the impact is
4 significant or not.
5 • At the time when the Ukiah General Plan was formulated, area in the Airport Industrial Park was
6 designated for industrial/light manufacturing.
7 • Some of the area in the AIP was designated for automobile dealership type of use, such as the
8 Ken Fowler Car Dealership.
9 • Costco is a large, boxy building.
10 • Just because a consultant determines an impact not to be significant, the Planning Commission
11 still has to decide whether the impact is significant or not on behalf of the community because a
12 third party coming in would not view the Valley in the same way as the community.
13 • It appears most of the Commissioners are of the opinion the threshold level for aesthetics used in
14 the DEIR as to whether the Project impacts the scenic corridor from the freeway is correct.
15 Staff: The site is zoned for an industrial project which might actually be less attractive than a retail project
16 at the proposed location and there is no guarantee that it would provide or maintain a scenic corridor.
17 The general plan does not identify this area as a scenic corridor and does not define scenic corridor.
18
19 Commissioner Sanders:
20 • It would be beneficial to have the site development plan.
21 • Looking at the landscaping will be helpful with mitigating potential aesthetic impacts.
22 Commissioner poble:
23 • The Commission will have some control about potential aesthetic impacts because this body will
24 be looking at landscaping plans and where/how and type of trees will be placed.
25 • Just wants to make sure the environmental impact relevant to aesthetic is `categorized' correctly.
26 Chair Pruden:
27 • Was initially okay with the categorization of aesthetics with regard to the Costco project until her
28 perception changed when she saw the Target store development in Petaluma and its aesthetic
29 impact to the surrounding scenery from the freeway. Is of the opinion the City of Petaluma
30 disappeared behind a large concrete wall.
31 • The Commission will have the opportunity to look at the potential visual impact of the Project
32 during review of the Site Development Permit.
33 • The visual impact may be no greater than the existing stores in this location.
34 Commissioner poble:
35 • Asked if the Commission was okay with environmental impact 3.1 (Aesthetics) and it being
36 classified as less than significant.
37 • Just because 3.1 Aesthetic impact is classified less than significant in the environmental
38 document, the Commission still has the authority to condition and review the site development
39 permit for landscaping, etc.
40 • It is the responsibility of the Commission to review the DEIR and certify that the document is
41 adequate and one of the ways to evaluate whether or not it is adequate is to make certain the
42 impacts are identified appropriately and is satisfied with how their level of significant is evaluated.
43 • Wants to make certain the Commissioners are on the same page and that there was not some
44 debate about whether section 3.1 (Aesthetics) should have been significant and requiring
45 mitigation or less than significant. If there is some debate going on about the level of significance,
46 it should be discussed.
47 Chair Pruden:
48 • Cannot at this point bring forth enough justification to convince the Commission otherwise other
49 than the perception.
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 15
1 • Level of impact also depends upon the grade of the freeway and/or other relevant factors.
2 However, is of the opinion, `we' are losing a background visibility of our hills as we create more
3 big box stores.
4 • Looking at the 3.1 environmental impacts pertinent to aesthetics, the Commission is looking at a
5 draft EIR right now and asking questions that may be answered adequately in the Final EIR. It is
6 probably better to ask questions now rather than later.
7 Commissioner Whetzel:
8 • Looking at the map in the DEIR the building would be located further west from the freeway than
9 all the buildings situated along the freeway corridor.
10 Staff:
11 • Acknowledged the Commission does spend a lot of time looking at landscaping for projects to
12 make certain a building is sufficiently screened as part of the site development permit. So the
13 Commission is not precluding itself from addressing aesthetic concerns since it will review the
14 landscaping plan and typically requires screening between the building and highway.
15 • Clarified that while a consultant looks at thresholds and makes assessments, staff works with the
16 consultant and reviews the entire DEIR to make certain the assessment is adequate and correct.
17 Staff agrees with the assessment made in this case.
18 Chapter 3.2: Air Quality
19
20 Chair Pruden:
21 • Referred to pay 3.2-8 and questioned the definition of`Radionuclides.'
22 Commissioner Whetzel: Radionuclides is likely a particulate of some type that gives some form of
23 radiation.
24
25 Brian Grattidge: Is not an air quality analyst, but radionuclides are likely one of many of a whole range of
26 substances that may be encountered in the atmosphere that are potentially hazardous to human health.
27 These substances could be naturally occurring or manmade.
28
29 The definition of`radionuclides' was confirmed.
30
31 Chapter 3.3: Urban Decay
32
33 Chair Pruden:
34 • This section was thoroughly discussed above.
35 • Within the Urban Decay section there are quite a few economic statistics and questioned whether
36 the amount of leakage is known that will be coming back to Ukiah as a result of Costco? The
37 DEIR states $20 million dollars in leakage will be coming back. To this end, it appears Costco in
38 its market analysis is planning on acquiring many new members.
39 • How many members of Costco are within our marketing area? Was not able to find this
40 information in the DEIR.
41 Brain Grattidge: Does not have knowledge about the number of Costco members in the market area.
42 Suggests that Costco would have this information because this falls within the `trade secret area' and this
43 pertains to sales data, which is how the urban decay conclusions were assessed.
44
45 Chapter 3.4: Geoloqv and Soils
46
47 Commission:
48 No further comments/questions.
49
50 Chapter 3.5: Hazards and Hazardous Materials
51
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 16
1 Commission:
2 • There was discussion above about the issue of glare from the roof.
3 • No further comments/questions.
4 Chapter 3.6: Hydroloqv and Water Qualitv
5
6 Commission:
7 • Noted that in the discussion above, there was a question concerning page 3.6-11 Stormwater
8 Management Plan and the City's SWMP being incorporated as a reference or in an appendix in
9 the document.
10 Chair Pruden:
11 • With regard to page, 3.6-1, Project Site Drainage, Sentence that reads, `Under existing
12 conditions, the site has not been developed, but has been partially prepared for development,
13 including grading and the installation of a preliminary stormwater drainage system, which drains
14 into a swale (maintained by Caltrans) located along the eastern flank of the Project site, between
15 the Project site and US 101,' does this mean recently because this was once a working ranch
16 since 1886? How should this sentence be interpreted?
17 • While the site is not currently developed, as a point of reference the site has a long history of
18 different developments in terms of how the subject property functions.
19 Commissioner poble:
20 • Looking at hydrology to establish a baseline, the intent is to look at the site today not what it was
21 in past history.
22 • When the pre/post runoff analysis is done, the site as it exists today would be used as the
23 baseline.
24 Brian Grattidge:
25 • Should be viewed as how the site currently presents itself. It really refers to changes to
26 impervious surfaces, noting the site has been graded such that the topography has been
27 modified. There are no structures on the site that would affect the hydrology.
28 Chapter 3.7: Land Use Plannina
29
30 Chair Pruden:
31 • There are 12 different parcels associated with the Project. Further on in the Project process there
32 will be an application for a lot line adjustment and questioned if there was an environmental
33 impact associated with combining 12 parcels into two parcels? There would likely be an
34 environmental impact if the situation were reversed where two parcels were being rezoned into
35 12 parcel for development purposes.
36 • The Costco project is almost 4 times larger than the Walmart project. It is complicated and has
37 more impacts than the Walmart project.
38 Brian Grattidge:
39 • The effect to combine the parcels comes with the ability to construct the project. The answer to
40 the question indirectly would be `yes, but related to a land use restriction there is no
41 environmental impact since any impacts are addressed in the evaluation of the Project.
42 Commission:
43 No further comments/questions.
44
45 Chapter 3, 3.8, Noise
46
47 Commissioner Sanders:
48 • Found page 3.8-10, Figure 3.8-6 helpful.
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 17
1 Commission:
2 No other comments/questions.
3
4 Chapter 3.9: Public Services and Utilities
5
6 Chair Pruden:
7 • Under section 3.9.1, there is no track record for police callouts. To this end, there are no numbers
8 to work with to make an assessmenUdetermination.
9 Commissioner Whetzel:
10 • Could use cumulative numbers from the Redwood Business Park area as a reference.
11 Staff: The Costco Project was reviewed by the City Police Department. The Police Department had no
12 concerns related to an increase in "call-outs" associated with this Project and did not indicate that there
13 would be a need for additional police services or facilities as a result of the Project.
14
15 Commission:
16 No further comments/questions.
17
18 Chapter 3.10: Transportation and Traffic
19
20 Chair Pruden:
21 • This is not the first time the Planning Commission has seen the traffic study. The Commission
22 reviewed the traffic study for the Walmart Expansion Project.
23 • Page 3.10-21 states the project is expected to generate over 9,000 new trips per weekend day
24 and over 11,000 trips on week days. This is a lot of traffic.
25 Commissioner poble:
26 • Pages 3.10-37 & 38, requested clarification the mitigation measures proposed for the traffic
27 improvements and those related to the improvements the City has preliminary plans for, these
28 mitigation measures will work with funding and a timeline for installation/construction.
29 Accordingly, the reason the transportation and traffic impacts are classified as significant and
30 unavoidable is because the funding has not been secured.
31 Brian Grattidge:
32 • Acknowledged the actual technical feasibility of the solution is that it would bring all the levels of
33 service back to within acceptable the range for both direct and in the picture analysis in the DEIR.
34 The reason for the significant and unavoidable impact is it cannot be reasonably estimated if and
35 when funding would be available to complete the improvements.
36 • The mitigation measures related to trip generation are not `small either.'
37 Commissioner Sanders:
38 • The matter of funding for the traffic improvements was discussed at a recent City Council
39 meeting.
40 Planning Director Stump:
41 • The City Council recently authorized staff to proceed with applying for a loan with I-Bank through
42 the State and is classified as an infrastructure loan. The City has received preliminary approval
43 for a loan. Final approval of a loan has not yet been made.
44 Commissioner:
45 No further comments/questions.
46
47 Chapter 3.11: Global Climate Chanqe
48
49 Chair Pruden:
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 18
1 • The proposed Project is large enough to have impacts in the area of global climate change.
2 • Suggested including a `no idling' as an effective mitigation measure.
3 • Some of the mitigation measures for traffic would be the removal of the southbound ramps and
4 explained how the improvement changes would work for people. There would also be intersection
5 improvements at Talmage Road and Airport Park Boulevard.
6
7 Brian Grattidge:
8 • 'No idling' zones are used for heavy trucks related to health impacts not for air quality or climate
9 change. No idling zones are not used for passenger vehicles.
10 Commission:
11 No further comments/questions.
12
13 Chapter 3.12: Bioloqical Resources
14
15 Commissioner Sanders:
16 • Page 3.12-2, Wetland and other waters of the U.S., `No wetlands or other waters of the U.S.
17 occur within the Project site.' The Project does border mitigated wetlands. The statement
18 minimizes the fact the Project borders mitigated wetlands. The DEIR should reflect the proximity
19 of the adjacent wetlands.
20 Chair Pruden:
21 • Currently the area does supply water as runoff to the wetlands located to the south. Once this
22 water is redirected to drainage swales, questions then whether or not any of this water will make
23 it to the wetlands.
24 • Attention should be given to the matter of drainage and supply of runoff water to the wetlands.
25 Commission:
26 No further comments/questions.
27
28 Chapter 3.13: Population and Housinq
29
30 Chair Pruden:
31 • Page 3.13-2, Population and Housing Growth Projections, questions why MCOG statistics are
32 used projecting that the population will increase 38% in the next seven years, which is not
33 accurate information. To say, the City will grow in population by 53°/a within a 20 year period is
34 not accurate and/or realistic. This is 2013 and we are already 13 years into the period from 2000
35 to 2020.
36 • Acknowledged the information in the section related to population comes from a study conducted
37 by MCOG.
38 • Questions why the City of Ukiah consensus statistic projections are not being used in the DEIR.
39 The City has growth projection figures concerning the time period from 2000 to 2020, including
40 statistics of how the City has grown population-wise during the last decade.
41 • Recommends the second paragraph related to `Population' be revised to include more realistic
42 statistical population growth information.
43
44 Commission:
45 No further comments/questions.
46
47 Chapter 3.14: Cultural
48
49 Chair Pruden:
50 • Page 3.14.2, Environmental Setting, Historical Context, will assist staff with correcting editorial
51 information on to correct the information, including the length of time there has been ranching is
52 this area.
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 19
1 Commission:
2 No further comments/questions.
3
4 Chapter 4: Other CEQA Considerations
5
6 Commission:
7 No comments/questions.
8
9 Chapter 5: Alternatives
10
11 Chair Pruden:
12 • The letter submitted by Jack Cox this evening concerns property outside of the incorporated City
13 boundaries that is contiguous to the City.
14 • Would assume project alternatives would pertain to land in the City limits and requested
15 clarification in this regard because the project alternatives referenced are within the City limits.
16 • With regard to potential annexation, what is the status of the LAFCO process in terms of the
17 City's Multiple Service Review?
18 • What is the status of the Sphere of Influence amendment?
19 Brian Grattidge:
20 • The answer to the question raised above is generally `yes,' but the more important consideration
21 relates to the General Plan in which there was a site identified in the General Plan that could be
22 used for such a retail/commercial use as Costco and all that is required is annexation.
23 • Will consult with staff about the status of this property in the Brush Street Triangle that is located
24 outside of the incorporated City boundaries. The Project would not be a City project since the said
25 property is located out of the City limits.
26 Planning Director Stump:
27 • The Multiple Service Review was approved by LAFCO and the City at the last City Council
28 meeting. The City received authorization through the adoption of a Resolution by the City Council
29 for a LAFCO amendment to reduce the City's Sphere of Influence to be consistent with the Ukiah
30 General Plan.
31 • Revenue Sharing discussions are continuing between the City and the County.
32 • Related to the question concerning status of the Sphere of Influence amendment, City Council
33 adopted a Resolution authorizing the City to proceed with making an application to LAFCO to
34 make a Sphere of Influence amendment to be consistent with the General Plan.
35 • City staff will meet with County staff to discuss planning and zoning standards for the areas in the
36 Sphere of Influence prior to making an application to LAFCO to making a Sphere of Influence
37 amendment.
38 Commission:
39 No comments/questions.
40
41 Steve Scalmanini:
42 • Page 3.3-21, Urban Decay, further information is necessary for buildings that are still vacant and
43 not leased.
44 • Questioned whether there are plans to improve the Waugh Lane bridge in association with the
45 Costco Project because it currently operates as a one-lane bridge.
46 • Would like clarification whether or not Waugh Lane is a collector street and if so, is a major or
47 minor collector street.
48 • Page 3.10-13, questions definition of`slightly' as used in the statement, 'The intersection of South
49 State Street/Talmage Road had a collision rate slightly higher than the Statewide average rate.
50 The percentage of collisions that involved injuries was 46.2 percent, which is also slightly above
51 the state wide average of 43.3 percent.' His calculated statistics in this regard provide for 28 and
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 20
1 29 percent and is of the opinion the statistics are more than `slightly.' Recommends this
2 information be flagged for further review and accuracy.
3 • MCOG's 2030 study plan in the document concerning redesign of the entire Talmage
4 Road/Airport Park Boulevard intersection does not appear to be mentioned in the DEIR.
5 • Page 41, Appendix F, information related to `Downtown Ukiah Impacts' contains no scientific
6 content and/or concrete supporting information about businesses in the Downtown in this
7 paragraph.
8 • The document contains no information about other towns in the US the size of Ukiah that have
9 Costco stores and the experience of these communities.
10
11 Staff: Related to the Waugh Lane and Waugh Lane Bridge, classification of the street as a collector or
12 not is a question for Public Works.
13
14 Chair Pruden:
15 • Related to Waugh Lane, there are major and minor collector streets in the City as defined by
16 code. While Waugh Lane may be a collector street, it could be designated as a `minor' collector
17 street.
18 • To clarifiy, reference is given to MCOG's 2030 plan in the DEIR and/or appendices.
19
20 PUBLIC HEARING CLOSED: 9:32 p.m.
21
22 Staff: The Final EIR may be ready for review by the Planning Commission in May.
23
24 11. PLANNING DIRECTOR'S REPORT
25 Senior Planner Jordan:
26 • There will likely be no Commission meeting on March 13, 2013.
27 • A public workshop is planned for the regular 27th Planning Commission meeting regarding the
28 Green House Gas inventory project for municipal facilities communitywide and Climate Action
29 Plan.
30
31 Chair Pruden: Possibly RELEAF and the Tree Advisory Committee may want to look/discuss carbon
32 credits in urban forests even though there not legislation in place.
33
34 12. PLANNING COMMISSIONERS' REPORT
35 Chair Pruden: The attendance doubled for the Lantern Festival held in the Downtown last Saturday.
36
37 13. ADJOURNMENT
38 There being no further business, the meeting adjourned at 10:07 p.m.
39
40
41 Cathy Elawadly, Recording Secretary
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 21
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MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 22
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tYutt tltc City of Ukiali ia prupn�i�i�tn �;o i�kc� d�nt fi,r up tb 3U V°�rs v.�itl� t:sx-pati•er
reccnuc, x�e are t•ear}• n�����17 w�rillii� to assi�t the ri:h� �ciiJti de�-elcapin� �i luwe�r �uat
���Srinn far�11c tAx-pak�er,
�i si�v;i�ti}�d�c fai]ure oI the CDSTC:C}f iTi ti�i rnn inenla�Intip�c#ftc�T��r,�t i s cic�vxl�•the latk nI
:act-Fi��lins�.�ncl civaniiiglul envirarunc�it�,l�,n�,l;>:is 1Uoul l�he Firusli 4tret�t'iriany;li�a��
fensible alt�'1'T141CI'.'f'.fnr C1CISTG�L1. L�I�i�71S}ll�f+l7;:F1 an i�al�u�l.an,,he xe�:�u,r,m��nd:,titFt, �7r`
t�e Plarn}in;�u�runission uu;ultvnakr�y�1�ir;;on oi uu'Jkit�hCiiv��,o�ri{:il rnot�lik�=.ly
[a�l.tixi bai'r conrli�r.i�ni.5 and capii3inoi�s rather fhan tact�#��Su��F�c�rt�rrLilicai:on i�i Ll�e
� cncironmental c;cxizm«��e�,nti,E�fn�S�,nl i,I�hepmject,
�inccrely, f� .v+"�^�•-
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'� �� -- , �� �
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�
1
MINUTES OF THE PLANNING COMMISSION February 27, 2013
Page 23
� �. � 1`T o 9
2
�amm�a�ity ��v�lopm�nt �nd Pl�r�r�ing D�p�r�m�nt
�l r� 300 Seminary Av�nu�
Ukiah, CA 95482
planning�a�cityafukiah.com
, (707)463-6203
3
4 DATE: March 27, 2013
5
6 l"C�: Planning Commission
7
$ FI�OM: Jennifer Faso,A�soci�t� P'lanner
9
10 SU�JECT: Request for an Approval of an Amendrnent to Majar Use �ermit �1-08-UP-PC ta
�.�. all�w tir� s�les and inst�llati�n, oufiside c�isplay�nd minar aut�rr��ir�tenance
12 777 South State Street, AF'N 003-Q50-47
13 Fil� Na 13-01-UPA-PC '
14
15
16 I�E��IVI�EN�RTIC�P�
17
18 StafF recommend� thafi the Planning Commissian approve the prapos�d project based on the
19 draft findings included in attachment 1 and subject to the draft conditions of�pproval incltaded in
20 attachment 2.
21
22 PROJECT DESCRIPTI(�N
23
24 . In 201� U�e P�rmit '11-08-UP�PC was granted by th� Planning Commissi�n to allow the
25 �perati�n of an oi) change busines� at 777 �o�tth State Street, APN 003�050-47 {see
26 �ttachm�nt 3, Planni�g ��mmi��ion minufi��Au�u�t 24, 2011). �in��fihe 2011 lJse Permit w�s
27 gr�nt�d, the bu�iness has be�n sold �nd #h� new �w�ers w�uld lik� t� provid� �ddifi�nal
2� ��rvic��t�th�ir�u�tom�rs.
29
3U An �pplic�ti�n h�� b��n r���ived fr�m Ju�tin Pry�� f�r �ppr�val of an �rn�ndment t� t��
�1 existing us� p�rrnit f�r �it �fi�p F��t C3il �hang� located at 777 S�uth State �tr�et, A�IU 003m '
32 Q50-4�7 (se� �tt��hm�nt 4, project d�s�ripti�n). Th� appli�ant h�s req��sted �pproval �f fi}��
33 f�ll�wing:
34
35 + �al� �nd in�fi�ll�ti�n�f tire�, uvh��l� �r�d rsr��. '
36 � D�ily��at�ide di�pl�y and s�i��f tr�ack�nd c�r�cc���ori��. '
37 � Min�r��fi� mai�t�►��nc���ach �� br�k��, rr��fFlers�nd �lig�r��nt�.
3� � Four w�ll rr��u�fi�d building sigr��.
39
40 A� p�r� �f fih� �s°�j��t �h� �pplic�nfi is p��p��ing t� �dd thr�� fi� ���ar �t�r�g� r��k� insid� i{��
�2 b�iiding fi� �t�r�th� ►�ew fire�. H�w�ver�1°��r�v�r��ld b� n� �h�r�g��t�th�����ri�r�r f��tpr��� ��
Pit Siop F�st C?il Ch�nges
Us�Perrriit Ar�rendmen�
777 5cruth State Street
Fife Nq.13-01-UP-P�:
�
1 the building. 'T�� u��d tir�s w�uld b� pt���d in � bax trail�r whi�h w�uld b� lo�at�d �n th� n�rth
2 �ide of th� buildir�g b�hi�d th� �xi�ting f�n�� (�e��tta�hrn�nt 6, �it� �l���.
3
4 �here is �free�tandir�g sign and faur wall mounted building �ign� ar� th� �it� (see attachmer�t;�,
5 �ifi� phe�o��. The �xisting freestanding sign was refa�ed with �ign p�rmit approval when the ail
6 change bu�in��s op��ed h�wever th� four'uv�ll signs n�uer r��eiv�d sign p�rmit approval. Th�
7 wall signs� advertise senrices for rators, brake�, struts �nd shocks servic�s which are included in
8 this use p�rmit am�ndm�nt. Th�refore the�e signs �r� p�rt �f thi�am�ndment requ�s�.
9
10 SETTING
11
12 1"he project site is I�c�ted on a dev�loped lot on the northeast corner�f 5�uth �f�fie Stre�t and
1.3 Gherry Str��t. Th� 11,252 �qu�r� fc��fi I�t includ�� an appr�ximat� 2,700 �qu�r� f�rat
14 commerci�l building wi#h three senrice bays �nd parking i�t. The prop�rty is��n�d C�mmunity
15 Gammercial (G-1} and is surrounded by the f�ll�wing uses.
16
�.7 � I��rth: H�ir S�l�r�, R�s�aurant a�d Pawn Shop zoned �-1 `
18 - � �outh: Form�r-site of llkiah Valley Lumber, Snow C�n� busine�s, Auto Servic�s
19 zoned C-2 '
2� � �l��t: �lu� �'rint �n� +�c�pi�s, res#����nt, profe�si�n�! �ffic����n�d ���
G1 0 �a�t: V���i��rt��l ard �o��cru��� �a�������d �6 '� �rd ��I
22 '
23 STAFF ANALYSIS ;
�4
25 G�n�r�l Pl�ne Th� land use design�ti�n of the subj�ct property i� Commercial (G): Thi� land
26 �se designatian id�ntifi�� �reas wh�r� commerc� and busin�s� rn�y occur. Th� propos�d
27 commercial us� is c�nsist�nt with the G�n�ral Plan de�ignation of th� subject property. 1°he
28 actual uses �Ilowed ar� determir�ed by the z�ning �f the parcel (such as N�ighborhoad
29 Cammercial, ��mmunity Gammercial, or Heavy Commercial). Tabl� 1 belaw provides an
30 analysis �f the Gener�l Plan goal� and policies that apply to the proposed project.
31
°Tabl�1 a G�n�r�l Pla� ��al�and Policie�
G�nera9 Plaai G�a9/Folac �taff Anal si� '
E��nomi�Devel�pm�nt
Goal E��1. Suppart a strong locat The praject would allaw the continued operation of an existing
eeonomy. business and enablethe business to expand their serviees and allow it '
ta continue to contribute to the local economy.The projeet would
generate business license and sales tax revenue.
Goal�P�1.o Pramote,crttract or assist in Approval of the reques�for a use permit amendsv�ent would aflawr an
developing business,particularty those existing b�asiness within the City to provide addifiional loc�i services ta '
thaf�dd v�lue t�resources a/ready the citizens sf the City�f Ukiah along u�ith the Ukiah Valleye
found or prcrcessed in the tJkiah Mtattey.
�o�l GP-2a�rc�rr�ote busirress �°he business cawner is a res�dent of the Ulciah and the property awner '
�'evel�pment,emphr�sizing lnca! is�residen�of the Ukiah Valley.Appr�val of this use permct vuould
awnership c�f b�siness ira�ra`er tca kee�a �Ilo�nr loc�l community�evenues tc�contonue to gr�w whife staycng
Pit Stop�ast Oil Ch�n�es
Use Permit Amendment
7T7 5�utl�State Stre�t
Fil�f�er,9.3-01-UP-PC
2
`T�bie 1: G�n�ral Pi�rt ���I��nd P�li�i�s
capitaf and growth within the (ocal.
eammunity.
1
2 11k6ah Airp�rt Mast�r Rl�ns The praject site is located in th�,�1 airport compatibility zone. The
3 Ukiah Airpork Master Pl�n includes;Table 7A: Current Compatibility Criteria. The#ollowing table
4 includes the �1 compatibility eriteria from Table 7A#hat apply to the propased praject and stafF's
5 analysis.
6
Table 2�umma of B1 Com atibilit Crit�ria
�1 C�mpatibilit Criteria Staff Anal sis
Law intensity retail and office uses are The addition of tire sales and minor auto maintenance to the oil'changing
normally acceptable uses in the B1 business would continue to be'similar ta a low intensity retail business in
compatibility zane. that there wauld only be 3 to 4 employees on the site at a time and given
thafi there are anly three auto liftsthe number of vehicles and customers
would also be limit�d.
IVlany of the customers would'drap off theirvehicles and'return iater,-
therefore the amount of peaple on the site would be limited.
The rnaxiriarn�E�sity is 6�pea�l� �hc antieipated maximurn nuriber�f p�3p��o��thz site is 10. This
per acre.This is the maximum num6er includes#our employees plus customers.
of people at any time.
Based on the size of the 1at{11,252 square feet}the maximum allowable
density is 15 peaple,as noted it is anticipated that there would be 10
peaple on the site,therefore the proposed project is eonsistent wi�h the '
required 61 density.
Minimum 30%"Open l.and"is The open land requirement is intended to apply to the whole B1 zone. '
required. The foatprint afthe building and the site canfiguration would not change '
as a result af this application,therefare the open land available in the B1
This is applied to the entire area with zone will not change.
a B1 desi�nation notjust the praject
site. Based on the 11,252 square foot lot and an approximate 2,700 square
foat existing buildingthe open land area far the project site is 73%which
exceeds the minimum.
7
�
9 Z�n��g �r�d �ite Ar�aly�o�a Th� z�ning of th��it� is Gc�mmunity Comm�rcial (C�1). In th� ��1
10 dis�ri�t �uto service� ar� li�ted �� � permitt�d �a�� (allaw�d vvith a u�� p�rr�it} p�r�e�ti�n 90�2.
12 Tabl� 3 bel�w i�clud��t�� �ppiic�bl� r�quir�r��nis�f th���ning �rdi��r���wi�l� �t�ff�r��lysi�. '
12
13 '
14 '
15
16
�7
1°
Pit Stop F�st(�il Changes
Use Permit 1�in�ndment
777 5outh S9�ate Stree�
File fVa.13-02-Ul�-PC
� '
' Tabl�3o Z�ni�g Ordinanc��nd Sit�Analy�i�
��r�irag C7rdoraance Requirernent �taff As�alysis
Development�t�ndard�
The zoning ordinance includes N/A
development standards for setbacks, The project site is already developed and no modifications to fihe '
building height,site area and yard exterior of the building or building foatprint are proposed as part af
setbacks. this application.
ZO Sections 9083,9084,9085
Us��
Automobile Service Business The applicant has applied for;a use permit amendment to ailow tire
AClawed with appraval of a Use Permit sales and installation of tires,wheels,minar auto maintenance,_and
ZO Section 9082 installation af car and truck aecessories. See Use Permit analysis
belowin Table 4.
Outside Sales/Display The applicant is proposing to display items for sale outside.This watald
Allowed with approval of a Use Permit ZO include items such as truck taaibaxes and tire sets. Items would be
Section 9082e Qutside sales/display that displayed behind the sidewalk in front af the exisfiing canopy. T9�e
occurs more than 30 days a year require -- items would be displayed-daily and would be removed at the end of
approval from the Pianning Commissian. each business day. Staff has concerns about the appearance of the
display area andthe type of items that may be displayed outside.
Thes�concerns are based on the fact that the site is located an a main
commercial corridar and City gafieway,there is lirnited room for !
outdoor sales/display,and could have an untidy appearance. '
Staff Mas induded draft condition of approval#6 that relates to the
outside display and sales.The conditian requires that only items that
are for sale in association with this business at this site to be displayed
- outside and anly within the area labeled as display area and shown on
the submitted site plan(see attachment 6).
Parking '
Three(3)parking spaces foreach of the V�hicle P�rkirrg The existing business has three bays which contain �
first five(5)bays and t�vo(2)parking total of three auto lifts.One lift is located in the northern bay and two
spaces for each additiona!bay.AnywP�ere lifts are located in the sauthern bay.There are alsa 251 square feet�f
work is dane is caunted as a bay.Na work office space and 574 square feet of storage space.Based on this and
e�n be performed irr designated parking the Zaning Cade requirement 5 parking spaces are required.
spaces.
The site plan submitted(see attachment 6,site plan}shows ten{1t?}
One(1)parking space i�required for eaeh parking spaces which exceeds the required 5 parkin�spaces.ln an
30�sqtaare fee�of office sp�ce. efFort to maintain safe site circulation and based on observation of
site circulation during several of staff's site visits,draft candition of
One(1)par(cing space is required for each appraval##5C has been added.The�aridition requires that spaces A-
2,500 square feet of�st�rage area. and 5 be labeled"no parking".This w�uld allaw for adequate vehicle '
mavement on the site and vvould allauv vehicles to move through tl�e
site from South State Street and/or Cherry�treet.The removal of '
t�rese�arl<ing spaces�nrc�uld leave 8 pari<in�spaces v�rhich exceeds the
5 required by the code and would allow fc�r employee and custam�r
parkii��. Further vehicles being repai�°ed would be in the b�ys leavi��
parki����c�r ather uehieles autside c�f the building. ,
Pit 5tr��a 1=ast Oil Ch�nges
Us�Permit�mendment
777 Souzh State Street
File t�ca.13-01-tJP-P�
�,
' 1'a�bl�3e��r�ing �rdinan���nd��t�,4nalyss�
; Bilce Parkirsg Bilse Parkinge Based 5 required parking spaces,l bieycle parking space
10°0 of the numb�r of required of parking - is required. As a condition of approval of the original use permit a
spaces. bike rack was required.The previous owner did install the bike rack;
20 5ectian 9086 E however,when the business sold the bike rack was removed. IN order
to provide the required bike parking,condition of approval 5A has
been added.
Landscaping
SectEon 9087 cf the ZQ all projects that There is currently landscaping and street tre�s within the strip
require discretionary review within the C- between the street and the sidewalk. No new landscaping is proposed
1 zone shall include a landscape plan. as part of this applicatian;however condition af approval#6 of the
ariginal use permit will remain which requires landscaping to be
maintained in a healthy manner.
Based on the scope of the project and the fact that there are not any
addition�l opportunities for landscaping an the site,installation of
new landscaping is not required. ,
1 _
2 (1se P�rmit. In order to approve a Use Permit, the findings included in Zoning �rdinance
3 sectic�n 9262(F1) are required to be made. The require�d findings and st�ff� �r��lysi� �r� '
4 includ�d in the t�ble b�l�w:
5
Table 4. Use�ermit Analysis
U�e �ermit Findin s Staff Analysis '
The proposed land use is consistent with The proposed project is consistent with the General Plan as described
the provisions of this Title as well as#he under General Plan above.
goals and policies of the City 6eneral
Plan. The project is consistent with the Zaning Ordnance as described in '
Table 2 above. '
Tt�e propased tand use is compatible with The project approved with conditions wauld be compatible with
surrounding land uses and shall not be surrounding uses based on the following: -
detrimental to the public`s health,safety
and general welfare. s The praject site is located within an existing commercial area
and is surrounded mainly by cornmercial uses:
+ The properties ta the east are zoned,Neighbarhood !
Commercial and contain residential units;howlever,the
structures on the residential lots are not located directly
behind the prajeet site and there is at least 2�fieet between
the Pit Stop b�ailding and the nearest residential unit.7his
distance would create a buffer between the twcr uses: '
Furthermore there ace no openings along the rear elevation
of the Pit Stcip building.This creates a barrier for the
residential uniis located on Cherry Court and wauld provide
visual screenir►g,a sc�und barrier,and privacy.
� The praposed pr�ject will occupy a building which is currently
used for autc�rela�ed services. lf�pproved thc project would
expand the ser°vi�es provided however,the expar�sio�would
not require chat�ges to the building.
Pit 5top Fast Oil Chan�es
tJse Per��it�lmendrner�t
77'7�QUi:h 5�a�e Sfre�t
fil��lo.13-01-UW-PC
5
+ The hours of operatiQn wrould be cansistent�ith other
' businesses in the area and is consistent with the haurs of
" operation�fthe previous business.
� The project wouid be required to comply with the City's
Noise`Ordinance. The City has not received any complaints
related to Pit Stop Oil Change. �
The praject would not be detrimental to the pubiic's health,safety
and generai welfare based on the following:
• Through the use permit the operatianal charaeteKistics will be
regulated.The project would not be detrimental to the
surraunding uses because draft conditians�f approual hau�
been added thatrelate to the outside display area,site
circulation and customer parking along.
m The praject would be required to adhere to ail standard city
requirements,including the City's noise ardinance and c;ity's
Commercial Praperty Maintenance requirements. !
• The hours af operation would not change'as a result of this
use permit amendment{Open Monday through Friday$:00
am-6:00 pm�nd 9am to 3 pm on Saturday,closed on �
Sunday). 1"hese hours of operation are consistent with ather
businesses in the area and are typical business hours; '
therefore when residentiai occupants are hame in the -
pvsnings the businpss v��ould nat be opsrating.
� The project has been reviewed by the Fire Ma'rshal,Palice
Department,Building Official,and Public Works and any
review comments from these departments have been
included as eonditions of appravaL '
+ The project-is required to comply with all federal,state and
local laws,including the City's Noise Ordinance and the
Commerciaf Property IVlaintenance'requirements.
• The project is consistent wtith the Airpart Master Plan B1
corrtpatibility zone requirements as nated in Table3.
. . . . . . . .... ,d` ��.
1
2 ENVIR�IVMENTAL RE!l1�1�/ �°
3
� Th� pr�po��d pr�j��fi i� �x�mpt fir�m tl�� pr�visiar�� �f th� C�iif�r�ia Er�vir�r�r��nt�l Gtta�lifiy A�t .
5 (���A) p�r�u�nt t� ���tit�r� 15303 (c), Conv�r�i�� �f Sm�ll Struct�r��, whi�f� all�w� strujct�r��
6 �� t� 1Q,000 �q�ar�f��fi t� b� ��nv�rt�d fr�� ��� ��� t� a��th�r in urb�ni��d �r�as wh�n th�
7 ��� do�� n�t inv�lv� �igt�ifiic�nt �rr��unt� �f ha��rd�u� m�fieri�ls, wh�r� a11 nec�ss�ry publi�
� ��rvi��s �r�d fa�i{iti�� �e� ��ail�bl�, and th� ��rr���ding �r�a i� r��fi �nvir�r�m�nfially s�n�itive
9 ba��d ��th�f�llowi�g:
10
1�. • l�h�t�fi�1 b�ildir�� �qu�r�f��tag� i�2,70� �q��r�f��t.
12 � �I�� Fir� M�r�l��ll h�� r��i��nr�d t(��pr�p���d tir� di�posal pl��.
23 � T'h� I���te�� i� �c����virc�r�rn��t�[ly s�r��iti�� ��d �� dr�inag� ���r��� �� b�di���f w�f�r '
2� (�uch �� �r��k� �r�ir�am�}.
Pi�Stap i�ast C�if ChGn�es
Usc Perrnit�,rr��nd:ren2
777 5�uth�;i��te 5tr2et
�i9�fUQ.��-t}1-t1F-PC
�
1 � Th��it� i� d�vel�p�d with �n �xi�ting buildir�g and parking I�t, utiliti�s �nd s�rvi��s
2 alr��dy �r� �v�ilabl� at th� �it��r�d n��xp�n�i�n �f th� e�i�ting building fo�tprint i�
3 prop�sed a� part of the pr�j�ct.
4 �
5 PU�LI� NC?TIGE
6
7 A notice of public hearing was provided in the following manner.
�
9 � p�sted in three places an the praject site on ��arch 1�, 2013;
so � mailed to property owners within 300 feet of the project site on March 13, 2013; and
11 • published in the Ukiah Daily J�urnal on March 17, 2013.
12
13 As of the writing of thi� staff rep�rt, no correspandence ha� been r�ceived in respons� to the
14 notice.
15
�.6 C7EGISION TiNiELINE
17
18 The proposed projecf is subject ta th� r�quirements of"the Permit Streamlining Act (PSA). The
19 �SA requires that a decision be m�de on the project within 60 day� of the applicati�n b�ing
20 deemed complete. This application wa� submitt�d to th� Community Development and
22 Pianning T7epartrnent on January 22, �t3�3 and was deemed comple�e �n fv��rch 6, ;�01�. As
22 suct�, a decision must b� made an the project no iater than May 6, 2013. T°he applicant may
23 r�quest a anetime axtension of the decision timeline. The next regularly �ch�duled Planning
24 Gammi�sion m�eting is April 10, 2013.
25 '
26 Att�ChiYieCt�s
27
28 1. Drafit U�e P'�rmit Findir�gs
29 2. Draft Use Permit Conditions of Approv�l
30 3. Planning C�mmission Mintat�s Augu�t 24, 2Q11
31 4. �rcaje�t De��ripti�n �u�mitted by applicant dat� �t�mped J��uary�2, 2Q13 �nd 11��r�h �,
32 2013 '
33 5. Ph�t���ubr�ififi�d by�pplic�n� �nd d�fi� �t�rr�ped Janu�ry 22, 2013�nd Nl�r�h 6, 2013
34 6. Plans �ubmitt�d by applicant d�t�stamped March 6, 2013
3�
36
37 ' '
3�
39
4a
42
�Z
4�
44�
45
�6
�7
l�i;Stop Fast Oil Changes
�1se(�ermi�Amendment
777 South 5tate Street
File�;a.23-01-fIP-PC
�
1 �►TT'A T 1
z
� ' 'v . : F��Qi��s ,
4
5
6 �IZAF'P I�SE PERMIIT �INDINGS'i'O AL1.01PU
7 AN ANIENDNIEN'T'TO �1SE PERNIIT 11-0$-i1P-P'C TID ALLQW THE SAL��NB3
8 IN�7°AL AN ��TIRES, P�lINO►R AUTO MAINTENANCE AND INST'AL.LA'1"��IV O� �AR
9 ANL�°Ttttl�lf�►��ESS� �ES
10 7�� St?UTH STREET,APN lD03-050-�7
11 FILE-IVA: 1�-�A1-UPA-P�
12
13 The following findings ar� supported by �nd b�sed �n information contained in this staff repo�t,
14 the applicati�n materials and dacum�ntation, and the public reeord.
15
16 1. The proposed project, as conditioned, i� consistent with the goal� and policies of th�
17 General Plan as described in the stafF report and Table 1. '
18
19 2. The proposed pr.aject, as conditioned, is consistent with the Zoning Qrdin�nG� ��
- 20 ��s�rib�d in Table 2 af th� staff r�p�rt.
21
22 3. The proposed project, as conditioned, is consistent with the purpose and applicabl�
23 requirements of the zaning district based on the following:
24 '
z5 A. With an approved use permifi arr�er�dment the proposed prc�ject is a permitted use '
26 within fihe C-1 zoning designation:
27 �. The praject meets the intent of this zoning district in that th��utomabile s�rvi�� '
28 business will provide'commercial apportunities along South State Street whi�h is '
29 the primary North- South tran�portation corridor within the City.
30 �: The proposed project me�ts the parking requirements of th�zonir�g cod� in fih�f
32 th� project will,provid� eight (8) vehicl� p�rkin� spa���and �ne bi�ycle rack.
32
33 4. 1°h� propo��d project, as candition�d, is c�nsisfient with the Airport Gomp�fiibilifiy ,
34 r�quirem�nt�for fihe �1 ��ne ba�sed a�the f�ll�wing:
35
3� A. The �ut�mobil��ervic� bu�in���will b� �imilar to a low int�nsity retail bu�in���
37 in that ther�wi11 �nly be 3�4 emplay��� on th� site at�tim� and giu�n th�t ther�
3� are only thre�auto lifts the numb�r af v�hicles and cu�tom�r�will �Isa Jimited.
39 �. Tf�� �nfii�ip�t�d �urr�b�r�f p��pl� �n t���ifie is °10. T'hi� ir�clude�fo�ur empl�ye��
40 �nd ���fi�m�rs. B��ed an th��i�� �f th� I�t(1�,252�qu�r�feet)th� m�ximum
4�. �Il�w�bl�d�n�ity is 15 p��pl�; �� ��ted it i��nticipated th�t th�r�will be 1Q
4�2 p��pl� �t�th��it�, fih�r�fi�r�th� pr�p���d pr�ject i� ��nsi�t�nt with#h� r�qtair�d
�3 �1 d���ifiy.
4� C. Th� ���n I�r�d r�quir�ment i� ir�i�r�d�d fi� �pply i�th�wh�l� �1 �or��. �°h� ,
45 f�atpr►6�t ofi�h� building �nd �h� �it� �onfigur�fiion will n�f�h�e�g� a� � r�sult �f
�.0 fihi� �g�pli��fiic�r�, fil��r�f�r�th� �p�s� I�rtd �v�ilabl� in th� �1 ��n��ill ��t ci��ng�. '
Pit Stop Fa�1 �7i1 Cnanges
Use Permit F�mendmenf
777���,it���tate Streef:
File�Jo.23-fl1-UP-PC
�
1
2 5. Th� pr�pa��d pr�j���, �s condifiion�d, will n�t b� d�trim�ntal t� public I��alth, s�f�ty �r�d
3 general w�lfare b���d �n the following:
4
5 A. Through the use permit the operational characteri�tic�wi(i be r�guiafied. The proje�t
6 would nat be detrimental to the surrounding uses because draft canditions of
7 approval have been added;that relate to the outside display area, site circulation and
8 customer parking along with the fact that the pr�ject wauld be required to adhere t�
9 all st�ndard city requirements related to business operati�ns. This includes fihe
s0 City's noise �rdinanc�.
11 B. The hour�caf operation would n�t ch�nge as a'result of this�u�e p�rmit amendm�nt
12 {Open Monday through Friday 8:00 am-6:00 prn �nd 9�m f�3 pm on Saturday. .
13 Glos�d on �unday}. 7'hese haurs af operation are consistent with other busin�ss��
14 in the area and are typical business hours; therefore when residential occupants are
15 home in the evenings the busin�ss would not be operating.
16 C. The project has been review�d by the Fire�llarshal, Palic� Department,;Building '
17 OfFicial, and Public Works and any r�quirements have been includes as c�nditic�ns �f
1� appr�v�L
19 �. The pr�j��t i� r�q�ir�d t� ��mpty with all feder�l, stat��nd local law� incl�ding th�
20 Gity's Ngise Ordinance.
21 E. The pr�ject is consistent with the Airport Master Plan B1 cgmpatibility zone
22 requirement� as noted in Table 3. '
23 F. The pr�perties to the east ar�zoned Neighborhood Cammercial and eontain
24 residenti�l units; h�wev�r,-the�tr�actures an the residential lots are not locat�d
25 dir�ctly behind the project site and there is at I�ast 20 feet between the Pit Stop
26 building and the nearesfi resid�nfiial unit.This distance would create a bufFer betvv��n
27 the#wo uses. Furthermore there are na apenings along the rear�I�vation of th� Pit
2� Stop building. This creates � barrier f�r th�residential unifi� l�cafied �n Ch�rry ���rrt
29 and uv�uld pravid� visual scre�ning, �ound b�rri�r and priv��y.
30 G. The pr�j�ct�ite i� lecated within �n �xi�ting c�mm�rcial �r�a�nd i�surr�und�d
31 mainly by comm�rcial us�s.
32 Fi. Th� pr�p�rti���o the ea�t �r���ned N�ighborh�od ��rnrnercial �nd �ont�in
33 resid�ntial units h�wever th��trucfiur�s�n th� r�sid�nti�l lot� are not I�cated dire�tly
3� behind the pr�je�t�ite and th�r� is at l���t 20 feet b�tv�r��n th�Pit �t�p building a�d
35 th� r���r��t re�id�ntial unit. Thi�di�f�nc�w�uld cr��t�� bufFer b�fwe�n th�t�ro
36 us��: �urth�rm�r�ther� �r� �� ��e�ing� �I��g th� r��r�l�v�ti�n �f the Pifi�t��
37 b�ildi�g. This �r�at�� �ou�d b�rri�r f�r tl�� r��identi�l ��►t� l���ted�n Cherry G��ir�.
3� I. �°h� pc�p���d pr�je�t will a��upy� building vuhi�� is �carr�ntly u��d f�r��t� r�l�fi�ei
39 ��rvi���. If�ppr�ved the pr�j�cfi vv��ald�xp��d th� ��r����� pr�vid�d h���v�r fih�
4�0 �xp�r��i�n w�uld n�t r�quir� �I��nges t�th�building.
�1 J. �°h� i°��ur� �i�p�r�ti��w�uld b� ��n�i�t�nt with oth�r b��in���i��i���re� and i� ,
q.� ��r��a�fi�r�fi wi�l�i�� h�ur��f�p�r�ti�� af th�pr�vi�us b�a�a��s�.
Pit�to�Cast Qil Changes
Use Per�mit�rr�endmen� ------- --,
7J7 5outh State Stree�
����ra4.�.�-���-u�-�c
�
1 �. 1°h� City h�� ngt r���iv�d any�omplaint� r�lat�d t� �ifi�t�p�il �hang� reg�rdir�g
2 their curr�nt�p�r�tir�g c�ar�cf�ri�ti��.
3
4 6. The proposed project is exempt from the provisic�ns of the G�lifornia Environmental
5 Quality Act (CEQA) pursuant to Sectian 15303 (c), New Construction and Gonversion of
6 Small Structures, which allow� structures up to 10,000 square feat in urbanized areas
7 when the use daes not involve significant amounts of hazardous materials, wh�re all
� neeessary public services and facilities are available, �nd the surr�unding area i� not
9 �nuironmen�ally sensitive based on the following:
10
11 A. The total building squara footage is 2,700 square feet.
12 B. The Fire Marshall has reviewed fihe tire disposal plar� and eondition of ap�rcav�l
13 fVo. 6 A and � h�s been added to �ddress that.
14 C. The loeatior� is not environrr�entally sensitive and no drainage caurses or bodies
15 of water(such as creeks or stream�).
�.6 D. Th�sit�i� d�u�lop�d urith an �xi�ting building vuhich already has utilities and
17 services available afi the site and no expansion �f the existir�g building f�otprint is
1� proposed as part of the project� '
19
20 7. Notice of the propa��d project was prnvided in th�foll�wing r��nner as required by the
21 �c�i�� ^r���a�e�:
22
23 A. past�d in three places on the projecfi sifi�on Mareh 15, 2Q13;
24 �. mailed to property owners within 30Q feet of the project site on March 13, 2013;
25 and
26 G. published in th� Ukiah Daily Journal �n M�rch 97, 2013. '
27 '
28
29
3Q
31
32
33
34
35 '
36 '
37
38
39
�a
41
42 '
43
44
�5
�6
�7
Pit Stop f-ast Oil Ch�n�es
Use F'ermit Amendment
�77 50uth St�te Sti��t
I=iie�10.�3-{71-i1F-f=C
1�
1 ATT � T
z
3 ` '; DRAFT GONDITIORIS OF APPRQVAL :'
4
5
6 DRAFT t1SE P'ERNIIT'CONCtI7°I�IVS ClF A1�PRt?V`AL Ttl ALLt�1Al AN AWIEt�[�N1EN°T'T+CD ll�E
7 PERMIT �.1-08-11R-�C
8 �7? SQIJT'F# S�"ATE�T1tEE'T,'APR1 D03-050°4?
9 PIL� N�2: 13-��.�UR"A-PC
10
11 1. Approval is granted for an amendment to Use Permit '11-08-UP-PC. The amendment
12 uvca�l� �ll�w th� s�l� �nd installation c�f#ires, installatian of car and truck accessories,
13 minor autamobile maintenance and daily outside display in additian to the exisfiing oil
14 change business at 777 South �tate �treet. Approval is granted for this amendm�nt ��
15 described in the praject descriptions dated January 22, 2013 and March 6, 2Q13 and
�.6 shawn on the plans submitted to the �ommunity �evelopment and �'lanning
17 Department, date stamped March 6, 2093, except as modified by the following
18 cor�ditions of appravaL '
19
20 2. In �ddifiion fio the service� �pproved in Use Permit 11-0�-UP-PC, this use permit '
21 am�ndment�Ilow� fihe followi�g �dditian�l servic�s t� b� pr�vided: ,
22 '
23 A. Tir�s services that include sale �nd installation of tires, wheels and rims.
24 �. Minor automobile maintenance such as t� brakes, mufflers, shacks, alignment�, '
25 and rotor� and �imilar-services. '
26 C. Installation �f car and tru�k accessc�ries such �s truck toolbox�s, lights, st�ps,
27 mud flaps and floor mat� and similar items. '
2�
29 3. N9aj�r ��fi�mobile r�p�ir� su�h as painting services, t�wing, callision repair �nd similar
30 ar� prohibit�d. '
31
32 4. Oufisid�storage is prohibited.
33
34 5. Vehicle� that �re w�iting f�r s�rvi�� �h�ll b� turr��d �ff; th�re sh�ll be nc� idlir�g �f
35 �ngi��s.
36
37 6. All �ca�diti�n� �f�ppr�val fr�rr� iJ�� P�rmifi 1'1�O��UF'�F�� r�e�air� i� �ff�cfi eanl��� �r�dified
3� by thi� �m�ndrn�nt. '
39
40 7. Pri�� t� ��rn��n��r��nt af tP�� ���ri��� �Ilc�w�d by thi� �r��nde�°i�nt �e�d i�s�a�s��� �fi a
�-1 b��Pr���� lic�n��, � r�vi��d �ifi� pl�n �howing th� fi�lE�wing �hall b� �ubr�itf�d to ,
�2 �I�r�r�ie�g �tafF f�r r�vi�vv ar�d �ppr�val.
43
Pit�top 1=ast dil Changes
Use P�rmi�Amendment
777 Sr�uth S#aie Strect
Fil�IVc�.13-01-U@-PC
��
i
1 A. Loc�fii�n �f required bik� r��k and sp�cific�tians�f pr�po�ed bik�r��6c.
2 Inv�rt�d "u" pr�f�rr�d.
:= 3 �. L���ti�n of Painting af "R10 Parking„ on parking space��4�5.
4
5 �. Prior to commencemenfi of the services all�wed by this amendm�nt or issuan�e of a
6 business license, the fallowing shall b� campleted and are subject to staff approval;
7
8 A. Th� required bike rack shall b� installed as required in 6 �nd 7. Inverfied "U
g "�tyl� r�ck i� preferred.
10 B. Application for and approval of sign permit for the faur existing wall sign� frorr�
11 the Planning and Gommunity Development Depaefiment.
12 C. "No Parking" shall be painfied an the pavement within the parking �pac�� lab�l�d
13 as 4 and 5 as required in 6B.
14
15 9. Items shall only be displayed autside in the area labeled "Display Area" as shown on the
16 site plan date stamped tV1�r�f�<6, 2013. Items to b� displayed shall be r�m�ved from the
�.7 display area and placed inside at the end of each business day. Display items shalf only ,
18 include item�that are offered for sale by thi� business. Items shall not be located vuithi�
19 the publi� righfi-af-w�y �nd th� display area sh�ll b� maintain�d in a r�e�t �nd �rderly
2o manner. '
21
22 10. The exisfiing landscaping shall be properly maintain�d.
23
2� Fra� i�iv Bi�llt�iiic� i�}'FFICI�I (C)aVl�WiII�UtI�i�Y A�S7-�7"�8)
25
26 11. If the r�c{cing is gre�t�r thar� 5'�"tl��n a building p�rmit i� r�quired. F'rovid�3��t� of
27 plans design�d by��alifarni�licensed Rrchitect or Engineer. If new electri��l w�rk is
2� required fer lighting �r n�w equipment then an electrical permit is also required.
29
30 Fr�m th� Fire Mar�hall tChuck Yate�463-6264}
31
32 12. Th� Calif�rni� Fire C�d� r�quir��that tir�� mu�t b� I�c�t�d �t I�ast 50 f��t fr�rr� the lofi
33 lin���nd building� {CF� 2505.4). Th�r� is nat��fFici�nt ar�a tc� ��mply with thi� c�d�
34 section. '
35 a. ,4n ��c�pti�n fi�fih� cod� rrray b� p�rrnitfi�d if st�r�g� �f��edlw��t�tir�� is '
36 �NL�I� �Ilsw�d i� �v�r�st�firail�r�� r�qu����d. Thi��x�rr�pti�n will i��lud� �� '
37 st�rag�o�tsid�th�tr�il�r, n�r st�rag� in fihis �r�a �f any oth�r it�ms. °Thi�tr�il�r
3� and t�e f�nc�d�r�a �1��11 b� I�cked wh�� th� ����p�ncy i� cl���d.
3� �. If this r�q��r�6a,��t o� ��6 f�ll�w��, ��� 25�5.�v�isl ����f�r��d �r�� t�;�� ��1��
4�0 will b� p�rrr��n�r�tly r�r��v�d �nd tl�� u�� ��rrr�it�i1i b� r�v�k�d.
41 '
42 �tar�d�rd �itY ���diti�e�s of��c�r�v�l
4�
44� 13. l�hrs��pr��raR is n�f�i°f��ti�� ur�til fih� �0 d�y �pp��l p�riad �ppli��bl���fihi� �1�� ��rrnit '
45 l��� �xpir�d witl���afi ti�� �ili�g a�' � tir��ly �pp��1. I� � firrr�ly �pp��l is fil�d, th� �r�j��� i�
46 �ub���t fi� th� �ut��r�� �f fih� �pp��l ��� sh�ll k�� r�vi��d �� r�����s��y i� �carrtpCy ��th '
�7 �ny r��difie�fi�ns, ccar�d�ti���, �ar r�q�ir�rr��nts th����r� irr�p��ed �� p��°t t�i th� �p���l.
Rit Stop Fast Oil Changes
Use Permit Amendm�nt
777 Snukh State 5�re�1:
File IVa.1:�-01-UP-PC
��
1
2 14. �u�in�s� op�rati�r�s sh�H r�ot ��mmen�e �ntil all p�rmit� r�quir�d f�r the appr�v�d �se,
3 in�luding but r�ot limited t� bu�ines� li�en�e, t�n�nt improvem��t bui{ding p�rr�it, hav�
4 been applied for and is�ued/finaled.
5
6 15. No permit ar entitlement shall be deemed effectiv� unless and until all fees and charges
7 �pplicabl�ta this application and these conditions of approval have been paid in full.
S
9 16. The property owner shall abtain and maintain any permit or appr�val required by law,
10 regulation, specification ar ordinance of the �ity of tJkiah and other Local, State, or
11 Fed�ral agencies as applicable. All construction shall comply with a(I fire, building,
12 electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect
13 at the time the �uilding Rermit is approved and issued.
14
1.5 17. In addition tc� any ath�r condition imposed, any construcfiion shall comply with all
16 building, fire, electric, plumbing, occupancy, and structural laws, regulatians and
17 �rdir�ar�ce� i� effect a�the tim�th� Building Perrnit is approv�d an� issu�d.
1� '
19 1�. A copy of all canditians of this U�� Permit Amendment shall be provided to and be
2o binding up�an any future purGhaser, t�nar�t, or�th�r p�rty of in��rest.
21
22 19.All �onditi�ns of approval that do not contain specifiic campietion p�riad� shall be
23 completed prior to commencement af s�nrices allowed by this use permit amendment.
24 '
25 20. Thi� Use Permit may be revoked thr�ugh the City's revo�ation process if the approved
26 pr�ject retafi�d to this Permit i� not bei�g conducted in eomplian�e with th�se�tipulafion�
27 and c�nditiens of approval; �r if th� project is not est�blished within two ye�rs af th�
28 �fFective dat� of this appraval; or if fih� �stabli�hed use fior which fihe permit w�s granted
29 h�s ceased �r �a� been suspended f�r 24 consecufiive manth�. '
30 '
31 21. `Thi� �pproval is �onting�nt upon �gr��mer�t of th� applicant�nd pr�p�rty ov�rn�r and
32 their�g�nts, �uc�essar� �nd h�irs t� defi�nd, ind�mnify, reie�s��nd hold harmless the '
33 �ity, its agent�, offic�rs, atfiorney�, �mpl�y��s, b�ard� and c�mmi�sions from �ny cl�im,
34 �cti�n �r prcac�eding brought again�t ar�y ofi the f�r�going individuals ar�ntiti�s, the
35 purpo�� of avhich i�fo�tt�ck, ��t a�id�, void �r an�ul th� �ppr�u�t of thi� application. '
36 Thi� ind�mnifi�ati�� �hall include, but not b� limit�d fi�, dam�g�s, �asts, exp�ns�s,
37 atfi�rn�y f��s �r exp�rt witn�s�fee�th�t rr��y be asserted by ��y p�r��n �r�ntity,
�� in�6uding �h� �ppli��r�t, �rising aut�f�r i� c�nn��teon with th� �ity's�cti�n �n thi�
39 �pplicafi�r�, vvh�th�r�r n�t th�r� is ��r��urr�nf p�ssiv� �r actiu� n�gli��r��� o�th� p�rt
4� �f the City. l�, ��r ar�y r����n ��y p�rki�� �f tf�i� ir�d�mnifi���i�� �gre�r��nt i� I��Id t� b�
41 v�id ar un�r�f�r�e�ble by a c�urt of�c�rr�p�t��t juri�dicti�n, th� r�rn�ind�r�f th�
�� agr����nt �h�ll r�rr�ai� ir�f�all far�� �r�d ��f��t.
4� '
�4
45
�6
��
Pif S�ap Fasz C3i1 Changes
Use Pcrm4t P,rr�endmen�
777 Sc�`�f�i St��e Street
�i1e�lcr.13-C�1-UF'-€��.
��
1
E'it 5ta�a Fast Oil Changes
�lse F'e.rrr�it P,rnendment
777 South Sfate Streei
File No.�3-01-UP.pC
�.�
�T�'�,"�€���'9��"�a �
EXCER�'�' E'Rt}N1 P1�r�ni�g Cam�3�ssiQ� �neeta.ng of August 2�9 2011
1 9�. Use P�rrn�t Nae ��-O��O�mUP-P�� Canduct a pubiic h�aring for a r�gu��t f�ar Pl�nnir�g
2 Commission�pprovai for Major U�e Permit fi�ailow�n aut�m�bile oil change bu�ines�t��per�te
3 at777 South State Street,APN 003-050-47.
4
5 Associate Pl�nner Faso:
6 e Gave a staff report canc�rning a major us� permit for the operation of an automative oil changing
7 business that in staffs analysis addres�es zoning and site analysis relative to parking, bike
$ parking,;landscaping, devefopment standards, use, haurs of operation and compliance with the
9 B1 Airpart Compatibility zone.
10 e Staffs revised Canditions of Approval include:
11 1. No. 2G: The business shall not operate as a drive-thruldrive-thru business. Vehicles
12 waiting for oil change shall park in parking spaces and turn off engines.
13 2. No. 6: The existing landscaping required by Use P�rmit AO-55 shall ka� pr���rly
14 maintained and shall be replaced in-kind if landscaping dies. Replaced plantings are
1� subject to review and approval of Planning Direcfior.
16 3. IVo 8; All conditions of approval from the previous use permit and amendment (file
1"7 number 00-55 and 03-�3) are superseded by the conditions of approval for this Clse
18 Permit{file number 11-Q8).
19 @ At this time the applicant proposes ta have two lifts installed. Staff has provided for in Condition of
20 Approval Na. 7 that a, `Request for future business expansion including additional auto lifts shall
21 be reviewed by the �oning Administratar, uNess the Planning Director determines that Planning '
22 Commission review and approval is necessar�and/ar required.' ',
23 • There has been no opp�siti�n to th�project expressed. '
24 • Staff recommends approval based on the �'indings and Conditians Appraval propased for the
25 praject.
26
27 Commis�ioner Helland: Concerned with paint peeling on the building and whether the applicant intends '
2� to paint thafi s�ction of the building that is pealing.
29
30 C�mrr�issioner Sanders:
31 @ Referred to the staff report regarding the automobile oif change business and noted there have
32 been some contamination problems when the site was a former gas station. '
33 • Requested certainty the issue of cont�mination is covered adequat�ly in Condifiion of Approval
34 No. 14 in terms of how oil spills and the starage/disposal -of oil w►11 be handled, noting
35 Environmental Health and ott�er State �nd local agencies have regulations/ordinances thafi
36 addresses eontamination and the handling/disposal of cantaminants.
37 � Is cancerned that proper precautions are taken on site with the handling of oil and �ther
3� contaminants ts� make sure they do not get in the �ity's storm drain system fh�t is located n�ar
39 the site.
40
41 �t�fF: �efore a busines� license i� issued or appraved, the business must be �leared through '
42 environmenfial healfih regarding di�pos�l af contaminanf�and oth�r rel�vant environm�nta!coneerns. The
43 applic�nfi must compiy with aIl Sfate and local agenci�� ordinanceslregulations reg�rding the handlir�g
44 and disposal of oil and other contaminants ta ensure they �re handled properly and do nofi get inta the
45 Gity'��tt�rm drain system.
46
47 �ha�r t�rtaci�r�: Noted a discrep�ncy in the hour� ��aperafian in the st�fF report and wi��t the applicant
48 has �ropos�ed and inquired what the ha�ars of operation �re.
49
SQ �t�ffa The �pplic�nt h�� request�d 8:0(� a.m. t� 7:�0 p.m. �nd st�fF proposed haurs of �per�fian fr�rn
�1 7:00 a.m. to 7:00 p. m. seven clays a week becau�e these fiours seem rea�onable and t�vc�uld ail�w time
52 fc�r �eo�le to drop ofF their vetricles. Th��@ are alse� consistent with the hours aften a�proved by P(�nning
�3 Commis�ion for u�e permits.
54
�5 ��e�����s����a������•�sas��re H�w woul� c�r w�uld �,n exp�nsi��� �fi�ct fihP 61 zoile?
1
; 2 Sfiaff: �ased on the size af the lot (11,252 sq. ff.), tk�e maxim�am �Ilowable d�n�ity`i� 15 pe�pi� and it i�
: 3 �nti�ipated fhere �rill b� 90 peopls can the site so th� prop�sed proJect as prs�posed is consistent �i#�
; 4 required B1 density. Th� oil changing business will be similar ta a low intensity retail business in that
5 there will only be 3 to 4 employees on the site at a time and given th�re are only two lifts th� number of
6 vehicles and customers will alsa`be limited. Many af the customers will drop off th�ir vehicles and return
: 7 later. The anticipated maximum number of peopte an th� site is 10 and this includes four employees plus
8 custam�rs: Should the applic�nt'want to expand his busine�s, stafF will look at the project in terms o�
9 cpmpliance with the 61 density requirements and make a determination haw to proceed based on the
: 10 nature of the expansion, which can be done twafold, 1} Have'the Planning Director make a determination
11 that the expansion is appropriate at staff level with no use permit or, 2} Staff decide whether the
12 expansian would be a minor or major use permit where the neighbors wauld be'notified of a possible
13 expansion.With or without the use permit requirement,the project has ta comply with th�r�quir�m�nt��f
14 th� B1 zone.
15 ,
16 C�mrr�issioner Sanders: Supports the Zoning Administrator review the use p�rmit for an expansion.
17
1S PlI�L1�H�A�iN��DP�NED. 7.17 p.rrq.
19
20 �ommissi�an:
21 t�1: Will there be a lounge where people can wait?
22 �Za D��s th��pplicant plan to repaint the canopy an the buildin�? '
23 Q3o Inquired about the large drums an the property.
24 l'�4: What is#he plan for the back fence on the nor#h side?
25 Q5: What does the applicant plan to do with the landscaping? The farmer owner put in extensive
25 la�dscapiny. Vtlhils the Planning Comnission for the ��r�e� use asked for street t��e� a�� so�� '
27 landscaping, did not require sod that the former owner put in.
2�
29 Sixt�M�r�ir�,appli�ante
30 A1: The plan is to have a small waifiing area with chairs �nd possibly a television or even setting tap
31 some cameras where people can watch#heir car as it is being worked on.
32 A2o Intends to repaint the canopy, restripe #he parking lot and make other repairs/m�intenance as
33 necessary.
34 R�3o There will be � servic�that will regularly pick �ap and properly dispose of used oil thafi will als�
35 permanently remove the'existing drums an the site.
36 AA�o Intends to repair the fence. , '
37 A5o Does not plan to replace#he landscaping b�eause what is existing is nic�except for the s�d that
3� ha� died and needs to be replaced. Is considering fihe use af mulch. Was fih� fiormer own�r af Angel� ;
39 rest�urant and likes to keep his businesses looking pr�sentable. ;
40
41 Staffe Th� candifiions drafted far the proposed new use exc�pt far fihe I�ndscaping condition�sup�rsede
42 fh�form�r us�. The�pplican�is not required to repla�t with sod. StafF does di�courage c�rass far projects
43 and encourages app(ic�r�t� t� u�e native drougtrt tol�r�nt plant species a� much a� passible. The
44 F'lanning Commission can amend the previous conditions far the former use pertinenfi to landscaping to
4S �Il�w the u��ef drour�ht fiolerant pl�nt�th�t would rep[ace�he�od.
�d�6
47 �tl��,o� H�A621�6� �(�����e 7e�5 por�i o
4�
�S� Ther��ra�discussiori ab�u�tr�e condition af the pavement�nd v�heth�r the�pplicant can m�ke repairs.
50
�� There wa� di�cussion regarding future bu�ine�s exp�n�iar� �r�d �h� Planning Coinmi��ian asked �bout
52 �taff'� conditic�n that f�!f��r� expan�ions including additianal �aufio lifts shall be r�viewed by the Zoning
`�� Administr�tor unless tl�e Pfar�nin� [�ir�ctc�r c�ef�r�i�ines fih� Planning Commi�,siQn should revi�w the
�� projeci.
���
j
1 There wa� discu��ion about parking. Pl�nning Commis�ion agr�ed with �taffs analysi� tha� �rhile th�
2 submitted site shows 10 parking spaces, staff is of the opinion this is a n�t a realistic numb�r given the
3 configur�tion of the sit� and the required ,parking space dimensions. Staff recommends �ight parking
4 spaces. It was also noted that Conditions of Appraval numbers 3(b)and� (b}have been add�d requiring
5
6 Staff noted per the zaning cade the appticant is required to install a bicycle rack.
7
� �ommis�ior� cons+��nsu�:
9 Added the following new Conditions of ApprpvaL•
10
11 1. Prior ta occupancy the fallowing items shall be completed and are subject ta stafF review and
12 approval:
13 ae The fence at the rear ofi the,property shall be repaired.
14 be The structure shall be repainted.
15 c. Pavement shall be repaired.
16 d. All trash and debris shall be removed from the site.
17 2. The property shap be maintained in a neat and clean manner at all times.
18 '
19 Agrees with staff s revised Conditions of ApprovaL• '
20 No. 2G:i he business shall not operate as a drive-thru/drive-thru business.Vehicles waifiing for oi1 '
2� change shall �ark i�� pa�king space�and turn o�f eng�ne�.
22 No. 6: The existing landscaping required by Use Permit 00-55 shall be properly maintained, and
23 shall be replaced in-kind if landscaping dies. Replacement plantings are subject to review
24 and approval of the Planning Direcfior. New ptantings shalC be drought tolerant, the rocks
25 shall b�retained and mulch rather than sod shall be used.
26 No. 8: All conditions of approval from the previous use permit and amendment {file na Od-55 '
27 and 03-43) are supers�ded by the conditions of appraval for this use permit (file no. 11-
2$ 0�}. '
29 No. 7: Agrees with Candition of Approval No. 7: Request far future business�xpansian including
30 additional auto lifts shall be reviewed by fhe Zoning Administrator as a Minor Use Permit
31 Amendment, unless the Planning Director determines that Planning Commis�i�r� review
32 and approval is neces��ry and/or required.
33
34 M/� Sander�IHelland to approve Major Use Permit"No. 91-08-UP-UP with Findings 1-7and Conditian�
35 of Approval 1-�9 with the additior��l car�ditior�s of�pproval made by the Cammission-and sfiaf�'s revised '
36 conditi�ns ofi appraval,as referenced �b�ve. Moti�n carried. (5-0).
37
3� C�NDITIfaNAL U�� F'ERMII''FIIV�IRI��°TO AaLL,�W '
39 AFV AtJ1°OIi���IL��IL.�HANGIIdG�USINE��i'O QP��ATIE li'T
40 777��UTH ST'R��1°,AP'N 003-054�47 '
41 �1LE NOo �1��O��l1P-P� '
42 '
43 The foli�v�ing findings are sup��rt�d by and ba�ed an inform�fiic�n cont�ined in thi� st�ff rep�rfi, fihe
44 applic�tion materials and document�tior�, and fihe public record.
45
46 1: The proposed project, as canditioned, i� consist�nf with the goal� and palicies of th� �ener�l
47 Plan as described in the staff report ar�d Table 1.
4�
49 2. The proposed project, as coe�ditianed, i� consisfen� wifil�s the �aning C?rdin�nce as described in
�0 1���1�2 of fihe st�ff re�orf.
51 '
52 3. Th� propo��d project, as cor�ditioned, is consis��ni wifh tf�e ��ur��s� and �ppfirabfe r�quir�emerif�
53 of th�zot7ing dis�rict based or7 tf�e�cilfc�wing:
s4
i
; 1 A. With �n approved u�e permifi fhe pr�prased pr�ject i� � permifit�d us� uvi#hin t�e ��1
; 2 zoning designatian. :
; 3 �. The project r�eet� the inten# t�f th�� zaning di�trict in #h�t th� �utom�bil� o�l cha�gi�g
,; 4 business will provide commercial opportunities along South State Street which i� the
' S primary North-South tr�n�portatian corridor within the City.
; 6 C. The proposed project meets the parking requirem�nts af the zoning code in #hat the
7 prvject will provide eight{�)vehicle parking space�and one bicycle rack.
: � � ��
9 4. 7'he propo��d project, as cc�nditioned, is consistent�vith the Airport Gor�patibility req�uir�m�nt�for
10 the B1 zone based on the following:
' 11 A. The oil changing busines�will be similar to a low intensity retail business in#hat there�nrill
' 12 only be 3-4 empl�yees on the site at a time and given that there are only two auto lifts fihe
13 number af vehicles and customers will also limited.
; 14 �. The anticipated number of people on the site is 10. 7his includes faur employees and ,
15 customers. Based on the size of the lot (11,252 squate feet) the maximum allowable
16 density is 15 people, as noted it is anticipated#hat there will be �0 people on �he si��,
' 17 fiheref�re the proposed project is consistent wifih the required 61 density.
l� C. l'he open land requirement is intended to apply#o#he whole B1 zone.The faotprint af the
19 building and the site confiiguration will not ch�ng�as a result of this application, ther�f�re
20 the open land available in the B1 zorre will n�t change. ,
21
22 5. The proposed projeet, a�conditioned,will n�t be detrimental to public health, safety and gan�ral
23 welfare based on the following:
24 , '
25 A. �'h�oug6� the use �e��it the operatio�al characteristics will b� tegulate�, tt����for� t��
26 project will not be detrimental to the surrounding residential uses.
27 B. The project has been reviewed by#he Fire �Iarshal, Police Department, Building Official,
2� and Public Works and any requirements have been includes as conditions of approvaL
29 C. The project is required to comply with all federal, state and local laws.
3Q D. The project is consistent with the Airpart Master Plan B1 c�mpatibility zon� requirement�
31 as noted in Table 3.
32
33 6. 1°he propo�ed project i� exempt from the provision� ofi the Galifornia Enviranmental Quality Act
34 {C�QA} pur�uant to Section 15303 (c}, New Construction and Conversion of Small Structur�s,
35 which allows structures up ta 10,000 square feet in urbanized areas when the use does not
36 invvlv� significant amounts of haz�rd�us materials, where all necessary public services �nd
37 facili�ies are available, and fih� surraunding area i� not environmen�ally sensitiv� based or� the
3� following:
39
4Q A. °fh�total building square footage is 2,700 squ�re feet.
41 �. The Fire Ni�rsh�ll has reviewed the oi!stor��e and disposa! plan �nd faund the materi�l�
42 nofi t� be hazardou�.
43 C. The location is not environmentally �ensi�ive and no drain�ge c�urses c�r bodies of w�ter '
44 (such as cre�ks or�treams).
45 �. �h� si�e i� develc�ped with an existing building which �Iready ha� utilifiie� �nd servi��s
46 auailable at the site�nd no expansic�n c�f fihe existin� building fo�tprint i� proposed a� �arfi '
47 af the project.
4�
��9 �. I�Qtice of th� proposed �arc�ject was provided in the following ��ar�ner a� r�quire� l�y the Zor�ing
SO �?rdinance: '
51 A. pc�sfied in tl�ree �i�ce�on th� proj�cf siie or�Flu�us� 7�, 2Q11; '
52 F3. mailed tcs pror�erly o�rners wiihin 3Q0 feef c,i`i:he projec��ite on Augu�t 1�., 2011; ar�c�
S3 �. publis���c:d in�hc l)lti�h f��ily J�urn�I �n Auc�u�t 1�,2t�'11. '
��
1 DRAFT 11�E PE�MII°C�N�I°fIONS QF APP��VAL T�AL.L�W
2 T'FiE OI�ERATIO(d�F AN AUTt}M��ILE�IL CHAN���USIN�SS,41°
3 777 SOtJT11 ST'Al°� STREET,APN 003-05Q 47
4 FILE N+D:�1-08-UP-P�
5
6 1. Approval is granted for oper�tion af an automobile oil change business ta operate at 777
7 South State Street as described in the project descriptions dated May 24, 201� and July 12,
8 201�i and shown on the plans submitted ta the Cammunity Dev�lopmenfi and Planning
9 Departmenfi, date stamped July 12, 2011, excepfi as m�dified by the following conditions of
10 approval.
11 2. The use permit is granted subject fio the following operating characteristics:
12
13 A. Hours of operation are 7:OD a:m. to 7:00 pm.seven days a week. - -
14 B. '�he business will have seven employees with three ta four employe�s per shiffi:
15 C. The business shall provide automobile oil change services which shall include oil
16 changes, fluid check and tire pressure checks.
17 D. No tires sales.
1$ E. Na outside storage of materials:
19 F. Vehicles that are waiting for service shall be turned off; ther� shall be na idling �f
20 engines.
21 G. The business shall not operate as a driv�-thru/driv�-up bu�iness. Vehicles waiting f�r�il
22 ch�nge sh�(I p�rk in parking space and turn off engines.
23
24 3. Plans submitted for building permif shall include the following and are subject to staff review
25 and approval:
26
27 A. A,site plan that�hows the�triped parking�pace�.
28 B. The location of the bike rack shall be shown on the site plarr and a detail that shaws the
29 type of bike rack shall be included. lnverted" U "style rack i�preferred.
30
31 4. Prior to occupancy the following shall be completed and are subject to stafF approval: i
32 '
33 A. Th�parking spaces required inn 3A sh�ll be s�ripp�d.
34 B. The bike rack required by conditian 3B shall be installed. '
35 ,
36 5. Prior to installatiorr of any signs, application for and �pproval o� a sign p�rmit fr�r� the '
37 Planning�nd Community Develapment Department is required.
38 6. The existing landscaping required by U�e Permit 00-55 shalf be properly maintained, �nd '
39 �hall b� replaced in-kind ifi landsc�pir�g dies. Replacement p9anting� are subject to r�vieuv '
40 and �ppr�val af th� Planning Director. New plantings shall be drotaght fol�rant, the rock�sh�ll '
41 be ref�ined and mulch rather th�n�c�d �ha(I be used.
42
�3 7. Reque�fi for futur� bu�ines� exp�n�ion including additional aufio liffi� shall be r�vievved by fihe
��� �oning Admini�tr�tor a� a Minor Use Permit Rmendment, unless the Planning Direcfior
�S determines fif�afi F�I�nning Gommi�sic�n review�nd approval i� necessary�nd/ar r�quired.
46 '
47 8. RII conditions of approval from fhe previous use perrriit and am�ndrraenfi (file nc�. 00-55 �r�d
4f� 03-43}�r�superseded by the cot�ditions af appraval for this use permif(�ile no. '91p08}.
�9 '
50 Fr�m the �lannin� Commission
�1 �
5;> 9. Prior t�> �ccup�ncy the fo(lowing ii:�m� sl��l! be completed an�l �r�: su�ject fio st�ff r�view�nd
�3 �pprovt.�9.
.�4 A. The fenc�at�he re�r o�th� �rc,perly shall !�e r�paired.
1 �. Th�sfructur��hall b�rep�inted.
2 C. P�vement shali be repaired.
3 �. ,�!!tra�h an�debr9��h�ll b�r�moved fr�m the s9f�.
4
5 10. 1°h�prop�rty shall be maintained in a neat and clean manner at ali times.
6 From fihe Buildinq O�cial( David Willauqh�y 467-571�)
7
8 11. Building permits are required for the installafiion of the �u#o lifts and any o�h�r t�nanfi
� improvernents proposed fer the new business.
10
11 From the Public Works Deparkment Ben Kaqeyama 463-6284)
12
13 12. If the building p�rmit value of work exceeds $104, 730 �r tl�e prop�sed improvements create
14 the net addition of two or mor� plumbing �xture units to the building, the existin� sanit�ry
1� sewer lateral shall be tested in accordance with Gity af Ukiah ardinance No. 1105, and
16 repaired or replaced if required.
17
1$ 13. if the building permit value is equal to �r gre�ter#han one —fihird of the vaiue of the existing
19 sfructure the construction or repair of curb, gutter, sidewalk, and street trees, al�ng the
20 subjecf propecty street front�ge, may be required, pursuant to 5ection 9181 of the Ukiah �ity '
21 Code. '
22
23 Sfandard Citv Condifi�ns of Approual
24
25 14. This approval is not effective until the 10 day appeal period applicable to this Use Permifi has
20' �xpi�e�vvif��ut fhe�li�tg e���ii�t�ly�ppe�i. ii a ii�ii�ly ��peal i�iileu, the project i��ubje�t to
27 the outcome of the appeal and shall be revised as necessary to comply v�rith any
2� modifications, conditions,or requirements that were impased as park of the appeaL
29
30 15. �u�mess operations shall not commence until all permits required for the approved use,
31 including but not limited to business Iicense, tenant impr�vement building permit, have be�n
32 applied far and issuedCfinaled.
33
34 16. Ne p�rmi� �r �ntitlerr�ent shall be deemed effectiv� unl��s and until all fee� and charges
35 applicabl�to this applieation and the��conditions of approval have been paid in fulL
36
37 17. The property awner shall abtain and maintain any p�rmit �r approv�l required by law,
3� r�gul�tion, �pecifii�ation or erdinanc� �fi the Gity of Ukiah �nd o�h�r Loc�(, �t�te, �r ��d�r�l
3� �gencies a�applicable. �ll constru�tion �hall comply with �II fire, building, electric, plumbing,
�.� �ccupancy, and structural law�;regulatian�, and ordinanc�s in �ffect at the time the �uilding
41 Permit is�pproved and is�ued. ,
4�2 '
43 1�. 6r� addition to �ny o�h�r condition imposed, any can�fru�tion ��all cnmply �i�h �II
44 building, fir�, �lecfiric, plumbing, occupar�cy, and �tru�tur�l laws, regulation� and ardin�nces ,
q.� in effec��t tE�e tim�fhe�uifding Permif i�apprcrved and is�ued.
46
4�'� 19. � copy of �II cc�ndition� �f this U�� Permit shall be pravided to �nd b� binding �apc�n any
4� i�u�ure purehaser, tenant, or c�ther party o�int�rest.
49 '
SO 20. �I1 cc�ndifiion� t�f approv�l fihafi do not cc�r�iain specific e�n�pletion peri�d� �hall b� cc�rnpleted '
�1 pric�r to buifding permit fin�E.
52
�3 21. pfhis U�e F'ermit rr�ay be r��vc7k�d fhraugY� fihe City's 5�voca�ic�n �aracess if the ����rovec�
�4. ��rr�j�ct r�l�t�cl to fihi� P�rmit i�� n�t I�einc� conducfied irt cc�r°���lianc�wifih th�v� sfii�ul�tic�,r�� �nci
5� c��r�diti��i�� v��tp�ri�v�a(; or if ff�e proj�cfi is not�s�talalish��a�n�rirf�if� tv�ro ��e�r�,of 1;h���fective d�i;e
1 �f thi�approvai; ar if�h���fablish�d u�e f�r whi�h th� p�rmit wa�grant�d h������ed �r ha�
2 been �u�p�nded for 24��nsecutive mo�th�.
3
4 22. This approval is contingent upon agreement of the applicant �nd property owner arrd their
5 agents, successors and heirs to defend, indemnifiy, relea�e and hald harmless the City, it�
� ager�ts, officers, att�rneys, emplayees, boards �nd commissi�ns from any claim, a�fii�n �ar
7 procesding brought against any af fihe foregoing individuals or entities, the purpose af which
� is to attack, set aside, vaid or annul the approv�l of this application. This indemnifi�atian sha11
9 include, but not be limited to,damages, costs,expenses, attorney fees ar expert witness fees
10 that may be assert�d by any person or entity, including th� applicant, arising out of or in
11 connection with the City's action on this application, whether or not there is concurrent
12 passive or active negligence an the part of the Gity. If, for any reason any portion af thi�
13 indemnification agreement is held to be void or unenforceable by a court of competent
14 jurisdiction, the remainder af the agreement shall remain in full force and effect.
15
�t������r�# � _
Maj�r lls� Permit JAN 2Q13
• +
To whom �t rnay concern,
This letter is a request for a major use permifi at 777 s. state st. curr�nt(y knawr�
a� Pit �top. Thi� building ha� a major use permit for automobile c�il changes and
we wou(d fike to request a new major u�e permit for tir� �ale�, oil changes and
i�sfi�llations of car and truck accessories. We will be ap�n 6 days a w��k,
monday-friday 8am-6pm arid saturdays ��m-3pm. Th� busir��s� will b� r�n �nd
ap�r�t�d by myself and my other partner. In the f�ture w� plan to hire 1-2 '
er�ployes. This building is abaufi 2700 square feet ar�d fully sefi up and op�rating '
as in autornabile oil change business, no changes are need�d to k�ep this
operating. oils are stored in saf�ty approv�d double �teel wall drum�. recycled oil '
is �Is� placed in �n �pproved �teel double wall drum on the �outf� sid� fenced ir�
stgr�ge area facing cherr� sfir�et and is picked up �very two week� by '
S�cr�rn�nfi� wa�#� c�il, �th�r��rvice� vv��ould lik� t� be ��F�ring is fiir� ��I��
�nd sr�all �ut� m�inten�r��� i�. br�kes, mufFlers �nd �[ignrrr�nt�. N� rnajor '
ch��g�� are ne�d�d to th� building oth�r than �hre� t� fc�ur s�or�ge ra�k�pl���d '
a� fih� in�ide in th� b�ck�t�r�g� �r�a. All tires vvill b� st�r�d i� r�ck� in �id�th�
b�ifdir�g n� tir�� vvilf b� sfi�r�d c�ut��d� ��p���d. �����I�d tire��rvill �I! b� pl���d
i� � ���tr�il�r pr�vided by Vt1��te ������ry W�����d p°s�k�d up r�g�l�rly, th� '
tr�i���°dnrill b� pl���d �n th� r��r�h ��d� f�n��d i� �t�r�g� �r��. �I[ t�r� in�f�il��i�r�
v�i�fi �� d�r�� ir3 fih� ��rth b�y c��id�. v�� �I�� w�r�fi�c� �fF�r�r�all ��r �nd �r�c�1c
�������r��� �u�h �� �hca�k�, �c��lb����, t�vv h6t�h��, ��d v�r��th�r�'I�ar i�����. ��
�
�r� n�t g�ir�g �ca b� ir�sfi�ll��g �r�y fift kifi� �r I�w�ri�g kit�. Qur plan i�� �: w�r�
quick and �imple. Ther�will nat be a I�rge invenfiory alrr�ost everythin� we s�ll
��n be delivered n��t day�o there will b� na clutter inside�he building,
ev�rything will h�ve a pl�ce. We have sc�m� i�venfiory di�play ra�ks such �s
fiir�s, �r�d t�alboxe� that are on wheels th�t would b� di�pl�yed at the fr�nfi�f the
�hop �t th� end of fih� ��n�py cl�s��t to st�t� Streefi. w�would al�c� (ike fio u�e
the soufih fer�ced in ar�� far ov�rnighfi car� and �ur p�r��nal tr��ler. �ur g��l �s tr� '
k��p � �I�a� friendly pr�fes�fo��l I�cal busir��s�.
Tha�k y�u, '
Pitstop !
2
E
1
i
lJse Perr�i�t�cl�i�ie�ns
!s��:h� clis�l�y��e�t����l�r�on��v�re�I��s ta p��t c�u�e�rert�r��rnin��,nc� brinb irs i�t��rss e����y ni�f��.TF�e i�t�ms
�1 h��t�nrili E�e pl�c�d chere�re� ca€.�pl�sets t�f�.ires�ncl�uh�els.
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1 ITEM NO. 9B
2
Community Development and Planning Department
G�lty of Zl�a�i 300 Seminary Avenue
Ukiah, CA 95482
planninq(a�citvofukiah.com
(707)463-6203
3
4 DATE: March 27, 2013
5
6 TO: Planning Commission
7
8 FROM: Jennifer Faso, Associate Planner
9
10 SUBJECT: Request for a Major Use Permit to allow a Thrift Store
11 401 South State Street, APN 002-269-05
12 File No. 13-06-UP-PC
13
14
15 RECOMMENDATION
16
17 Staff recommends that the Planning Commission approve the proposed project based on the
18 draft findings included in attachment 1 and subject to the draft conditions of approval included in
19 attachment 2.
20
21 PROJECT DESCRIPTION
22
23 An application has been received from Dr. Robert Werra on behalf of Hospice of Ukiah to
24 operate a thrift store at 401 South State Street, APN 002-269-05. The business would have the
25 following operating characteristics:
26
27 • Days and hours of operation would be 9:00 am to 5:00 pm Monday thru Friday and
28 10:00 to 4:00 on Saturday, closed Sunday.
29 • Donations would be accepted Monday thru Friday 10:00 am to 4:00 pm and 10:00 am to
30 3:00 pm on Saturday, closed Sunday.
31 • Three full time employees, two part time employees and variable number of volunteers.
32 • Installation of window signs.
33
34 No changes to the exterior or footprint of the building are proposed as part of this project.
35
36 SETTING
37
38 The project site is located on a developed 15,100 square foot lot within the downtown,
39 specifically the southeast corner of South State Street and Clay Street which has frontage on
40 South State Street, Clay Street and South Main Street. The lot includes an 8,000 square foot
41 commercial building and parking lot. The property is surrounded by the following uses:
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
1
1
2 • North: Auto repair services, retail uses and residential zoned Urban Center (UC)
3 • South: Restaurant and retail uses zoned Urban Center (UC)
4 • West: Professional office, real estate office and motel zoned Urban Center (UC)
5 • East: Sun House and residential zoned High Density Residential (R3)
6
7 STAFF ANALYSIS
8
9 General Plan. The land use designation of the subject property is Commercial (C). This land
10 use designation identifies areas where commerce and business may occur. The proposed
11 commercial use is consistent with the General Plan designation of the subject property. The
12 actual uses allowed are determined by the zoning of the parcel (such as Neighborhood
13 Commercial, Community Commercial, or Heavy Commercial). Table 1 below provides an
14 analysis of the General Plan goals and policies that apply to the proposed project.
15
Table 1: General Plan Goals and Policies
General Plan Goal/Policy Staff Analysis
Economic Development
Goal ED-1. Support a strong local The project would allow a vacant commercial building to be occupied
economy. and would also allow an existing City of Ukiah business to relocate and
continue operations resulting in contribution to the local economy.
The proposed project would occupy a building which has been vacant
for several years.Occupancy of this building would bring new
business/foot traffic to this area of the downtown.
The project is required to have a business license however since it is a
non-profit no fees are collected.
Goal GP-1. Promote, attract or assist in Approval of the request for use permit would allow an established
developing business,particularly those business within the city to relocate to a location that would better
that add value to resources already serve the needs of its customers.
found or processed in the Ukiah Valley.
Goal GP-2. Promote business The Hospice of Ukiah is a local non-profit that assists the residents of
development emphasizing local Ukiah and the Ukiah Valley.The Hospice Thrift and Gift proceeds are
ownership of business in order to keep the primary support for Hospice services. Approval of this use permit
capital and growth within the would allow the local community group to continue their work so that
community. this type of care can continue with the community.
16
17 Ukiah Airport Master Plan. The project site is located within the B-2 zone (Extended
18 Approach-Departure Zone) on the Airport Compatibility Zone Map and is subject to moderate
19 risks and frequent noise intrusions from aircraft. The following table includes the B2
20 compatibility criteria from Table 7A of the Ukiah Airport Master Pan that apply to the proposed
21 project and staff's analysis.
22
23
24
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
2
1 Table 2: Summary of B2 Compatibility Criteria
B2 Compatibility Criteria Staff Analysis
Low intensity retail and office uses are The proposed project would be a retail thrift store for Hospice Thrift and
normally acceptable uses in the B2 Gift.This use is consistent with low intensity retail uses which are allowed
compatibility zone. in the B2 zone.
The maximum density is 90 people The In-Fill policy allows 90 people per acre for non-residential uses
per acre for non-residential uses in therefore given that the site is .35 of an acre the maximum density
the B2 In-Fill area. cannot exceed 31 people( .35 acre site X 90 people/acre).
The applicant has indicated that the proposed thrift shop would have
approximately three employees on a daily basis and it is not anticipated
there would be more than 28 customers in the store at any one time.
Minimum 30% "Open Land" is The size of the parcel is 15,100 square feet(.35 acre).The footprint of the
recommended. building is 8,000 square feet which leaves 53%of open land for this
parcel exceeding the 30%minimum recommended for the B2 zone.
This is applied to the entire area with Based on a field survey it is staff's opinion that the proposed project is
a B2 designation not just the project similar to other existing development in the B2 zone.The In-Fill Policy
site. allows new development that is similar in intensity to that of surrounding
already existing uses.
2
3 Zoning and Site Analysis. The parcel is located within the boundaries of the Downtown
4 Zoning Code (DZC) and is zoned Urban Center (UC). In the UC district thrift shops are allowed
5 with the approval of Major Use Permit. Thrift shops are defined as:
6
7 A retail store that buys and sells used products, including clothing, furniture and
8 household goods,jewelry, appliances, musical instruments, business machines, office
9 equipment, tools, motors, machines, instruments, or any similar second hand articles or
10 objects.
11
12 During the workshop discussions held for the Downtown Zoning Code, the Planning
13 Commission spent a considerable amount of time reviewing various types of uses and
14 discussed what type of discretionary review, if any, would be required for each. In regards to
15 thrift shops, it was the consensus of the Planning Commission that given the nature of thrift
16 shops discretionary review at the Planning Commission level should be required because this
17 type of use could have blighting effect, especially if there was an overconcentration of this type
18 of use. Concerns included donations left outside, outside display/storage, visual appearance of
19 the site, type of inerchandise, overall management practices of the specific thrift shop. Any of
20 these could have a negative impact on the immediate area as well as the greater downtown.
21
22
23
24
25
26
27
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
3
1 Table 3 below includes the applicable requirements of the zoning ordinance with staff analysis.
Table 3: Zoning Ordinance and Site Analysis
Zoning Ordinance Requirement Staff Analysis
Development Standards
The zoning ordinance includes N/A
development standards for setbacks, The project site is already developed and no modifications to the
building height,site area and yard setbacks. exterior of the building or building footprint are proposed as part of
this application.
Uses
Thrift Shops
Table 3 of DZC allows Thrift Shops within The applicant has applied for a use permit to operate a thrift Shop.
the Urban Center(UC)zone with approval See Use Permit analysis below in Table 4.
of a Use Permit.
Parking
Vehicle Parking Vehicle Parking
Retail uses: 1 space for every 300 sf Based on the square footage of the building, 26 parking spaces
would be required. Since the parcel is located in the Downtown
Properties located in Downtown Parking Parking District,the project is exempt from providing onsite parking.
Improvement District are exempt from
providing onsite parking. The project site does have a parking area located at the rear of the
site. The parking area has room for five vehicle parking spaces;
however the lot is not striped.A draft condition of approval has
added that the lot be striped for standard size parking spaces. In
addition to the rear parking there are six(6)on street parking
spaces along Clay Street three (1) parking spaces on South State and
one(1)on South Main Street.
The project is located within the boundaries of the Downtown
Parking Improvement District and therefore no on-site parking is
required.
Bike Parking Bike Parking. Based on 26 vehicle parking spaces, 3 bike parking
10%of the required vehicle parking spaces are required and this had been included as a condition of
approval. It is anticipated that customers and employees are likely
to ride their bikes to this location and providing bike parking will
make this more likely.
Landscaping
Landscaping standard requirements for There are currently street trees along South State Street. No new
projects within the DZC are included in landscaping is proposed as part of this application.
Table 10 of the DZC.
Based on the scope of the project and the fact that there are not
any additional opportunities for landscaping on the site,installation
of new landscaping is not required.
2
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
4
1 Use Permit. In order to approve a Use Permit, the findings included in Zoning Ordinance
2 section 9262(F1) are required to be made. The required findings and staffs analysis are
3 included in the table below.
4
Table 4. Use Permit Analysis
Use Permit Findings Staff Analysis
The proposed land use is consistent with the The proposed project is consistent with the General Plan as
provisions of this Title as well as the goals and described under General Plan above.
policies of the City General Plan.
The project is consistent with the Zoning Ordnance as described
in Table 2 above.
The proposed land use is compatible with The project approved with conditions is compatible with
surrounding land uses and shall not be surrounding uses based on the following:
detrimental to the public's health,safety and
general welfare. • The project site is located within an existing commercial
area.
• The location has in the past been used for retail uses.
• The hours of operation would be consistent with other
business in the area and with the hours of operation of
the previous business.
• In order to ensure the site remains clear of donations
dropped off outside and to prevent outside storage of
donations while also taking into account that the site is
on a corner which is visible from three streets and that
the"back of house"operations would be visible from
South Main Street;drop off of donations shall not be
permitted after business hours. Draft condition of
approval 3B and 4B have been added that require
Hospice to install a sign at the front of the site and at
the rear of the site that clearly notes that donations
shall not be left outside after business hours. Condition
also requires the sign to be in both English and Spanish.
Outside storage or display of items would not be
allowed. Draft condition of approval has been added
26.
The project will not be detrimental to the public's health,safety
and general welfare based on the following:
• There is adequate parking(on-street and on-site)along
with loading and drop off facilities available on site.
Staff recommends that the parking lot at the rear of the
building be striped in order to make it known to
employees and customers that parking is available at
the rear of the site and to make the best use of
available space. Making it easier for people to use
onsite parking will allow on-street parking spaces to
remain available to employees and customers of other
businesses in the area.
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
5
• Through the use permit the operational characteristics
would be regulated through the conditions of approval
such as site maintenance,drop off procedures,signage,
and parking;therefore the project would not be
detrimental to the surrounding uses.
• The existing parking lot at the rear of the project site is
not striped. Staff has included a draft condition of
approval that the parking lot be striped so that the lot
would function better as a parking lot and be used as
such.
• Since the site has some on-site parking and staff is
recommending that the lot be striped,staff
recommends that employees be encourage to park on
site. This would allow street parking to remain available
for customers of the Thrift store and other businesses in
the area.
• The project has been reviewed by the Fire Marshal,
Police Department, Building Official,and Public Works
and any review comments from these departments
have been included as conditions of approval.
• The project is required to comply with all federal,state
and local laws.
• The project is consistent with the Airport Master Plan
B2 compatibility zone requirements as noted in Table3.
1
2
3 ENVIRONMENTAL REVIEW
4
5 The proposed project is exempt from the provisions of the California Environmental Quality Act
6 (CEQA) pursuant to Section 15303 (c), Conversion of Small Structures, which allows structures
7 up to 10,000 square feet to be converted from one use to another in urbanized areas when the
8 use does not involve significant amounts of hazardous materials, where all necessary public
9 services and facilities are available, and the surrounding area is not environmentally sensitive
10 based on the following:
11
12 • The total building square footage is 8,000 square feet.
13 • The project does not involve the use of hazardous materials.
14 • The location is not environmentally sensitive and with no drainage courses or bodies of
15 water (such as creeks or streams).
16 • The site is developed with an existing building and parking lot, utilities and services
17 already are available at the site and no expansion of the existing building footprint is
18 proposed as part of the project.
19
20 PUBLIC NOTICE
21
22 A notice of public hearing was provided in the following manner:
23
24 • posted in three places on the project site on March 15, 2013;
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
6
1 • mailed to property owners within 300 feet of the project site on March 13, 2013; and
2 • published in the Ukiah Daily Journal on March 17, 2013.
3
4 As of the writing of this staff report, no correspondence has been received in response to the
5 notice.
6
7 DECISION TIMELINE
8
9 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The
10 PSA requires that a decision be made on the project within 60 days of the application being
11 deemed complete. This application was submitted to the Community Development and
12 Planning Department on March 11, 2013 and was deemed complete on March 13, 2013. As
13 such, a decision must be made on the project no later than May 13, 2013. The applicant may
14 request a onetime extension of the decision timeline. The next regularly scheduled Planning
15 Commission meeting is April 10, 2013.
16
17
18 Attachments
19
20 1. Draft Use Permit Findings
21 2. Draft Use Permit Conditions of Approval
22 3. Project Description submitted by applicant date stamped Mar 11, 2013
23 4. Photos submitted by applicant and date stamped March 11, 2013.
24 5. Plans submitted by applicant date stamped March 11, 2013.
25
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32
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47
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
7
1 ATTACHMENT 1
2
3 FINDINGS
4
5
6 DRAFT USE PERMIT FINDINGS TO ALLOW
7 HOSPICE OF UKIAH
8 TO OPERATE A THRIFT STORE AT
9 401 SOUTH STATE STREET, APN 002-269-05
10 FILE NO: 13-06-UP-PC
11
12 The following findings are supported by and based on information contained in this staff report,
13 the application materials and documentation, and the public record.
14
15 1. The proposed project, as conditioned, is consistent with the goals and policies of the
16 General Plan as described in the staff report and Table 1.
17
18 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as
19 described in Table 2 of the staff report.
20
21 3. The proposed project, as conditioned, is consistent with the purpose and applicable
22 requirements of the Downtown Zoning Code based on the following:
23
24 A. With an approved use permit the proposed project is a permitted use within
25 the UC zoning designation.
26 B. The project meets the intent of this zoning district in that the thrift store
27 business will provide commercial opportunities within Ukiah's Downtown.
28 C. The proposed project site is located within the boundaries of the Downtown
29 Parking Improvement District therefore off street parking is not required.
30
31 4. The proposed project, as conditioned, is consistent with the Airport Compatibility
32 requirements for the B2 zone based on the following:
33
34 A. The proposed project would be a retail store for the Hospice Thrift and Gift.
35 This use is consistent with low intensity retail uses which are allowed in the
36 B2 zone.
37 B. The In-Fill policy allows 90 people per acre for non-residential uses therefore
38 given that the site is .35 of an acre the maximum density cannot exceed 31
39 people (.35 acre site X 90 people/acre). The applicant has indicated that the
40 proposed thrift shop would have approximately three employees on a daily
41 basis and it is not anticipated that there would be more than 31 customers in
42 the store at any one time.
43 C. The size of the parcel is 15,100 square feet (.35 acre). The proposed
44 footprint of the building is 8,000 square this leaves 53 % of open space for
45 this specific parcel. Within the B2 zone the 30% open land criteria is only a
46 recommendation not a requirement. Furthermore the In-Fill policy allows new
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
S
1 development that is similar in intensity to that of surrounding already existing
2 uses. Based on a field survey it is staff's opinion that that the proposed
3 project is similar to other existing development in the B2 zone.
4
5 5. The proposed project, as conditioned, will not be detrimental to public health, safety and
6 general welfare based on the following:
7
8 A. Through the use permit the operational characteristics will be regulated, therefore
9 the project would not be detrimental to the surrounding uses.
10 B. The project has been reviewed by the Fire Marshal, Police Department, Building
11 Official, and Public Works and any review comments from these departments
12 have been included as conditions of approval.
13 C. The project is required to comply with all federal, state and local laws.
14 D. The project is consistent with the Airport Master Plan B2 compatibility zone
15 requirements as noted in Table 3.
16
17 6. The project approved with conditions is compatible with surrounding uses based on
18 the following:
19
20 A. The project site is located within an existing commercial area and is surrounded
21 mainly by commercial uses.
22 B. The proposed project would occupy a building which has been vacant for several
23 years. Occupancy of this building would bring new business/foot traffic to the
24 downtown area.
25 C. The location has in the past been used for retail uses.
26 D. The hours of operation would be consistent with other business in the area and is
27 consistent with the hours of operation of the previous business.
28 E. Drop off of donations shall not be permitted after business hours. Draft condition
29 of approval 5 has been added that requires Hospice to install signs that clearly
3o notes that donations shall not be left outside after business hours.
31 F. Outside storage or display of items would not be allowed. Draft condition of
32 approval has been added 2B.
33
34 7. The proposed project is exempt from the provisions of the California Environmental
35 Quality Act (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of
36 Small Structures, which allows structures up to 10,000 square feet in urbanized areas
37 when the use does not involve significant amounts of hazardous materials, where all
38 necessary public services and facilities are available, and the surrounding area is not
39 environmentally sensitive based on the following:
40
41 A. The total building square footage is 8,000 square feet.
42 B. The project does not involve the use of hazardous materials.
43 C. The location is not environmentally sensitive and no drainage courses or bodies
44 of water (such as creeks or streams).
45 D. The site is developed with an existing building and parking lot, utilities and
46 services already are available at the site and no expansion of the existing
47 building footprint is proposed as part of the project.
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
9
1
2 8. Notice of the proposed project was provided in the following manner as required by the
3 Zoning Ordinance:
4
5 A. posted in three places on the project site on March 15, 2013;
6 B. mailed to property owners within 300 feet of the project site on March 13, 2013;
7 and
8 C. published in the Ukiah Daily Journal on March 17, 2013.
9
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Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
10
1 ATTACHMENT 2
2
3 DRAFT CONDITIONS OF APPROVAL
4
5 DRAFT USE PERMIT CONDITIONS TO ALLOW
6 HOSPICE OF UKIAH
7 TO OPERATE A THRIFT STORE AT
8 401 SOUTH STATE STREET, APN 002-269-05
9 FILE NO: 13-06-UP-PC
10
11
12 1. Approval is granted for operation of Hospice Thrift and Gift at 401 South State Street
13 APN, 002-269-05 as described in the project descriptions dated March 11, 2013 and
14 shown on the plans submitted to the Community Development and Planning
15 Department, date stamped March 13, 2013, except as modified by the following
16 conditions of approval.
17
18 2. The use permit is granted subject to the following operating characteristics:
19
20 A. Days and hours of operation would be 9:00 am to 9:00 pm Monday thru Friday and
21 10:00 to 6:00 on Saturday and Sunday.
22 B. Donations shall be accepted Monday thru Friday 10:00 am to 5:00 pm and 10:00 am
23 to 4:00 Saturday and Sunday.
24 C. There shall be no outside display or storage of items.
25
26 3. Prior to issuance of a business license, a revised site plan showing the following shall be
27 submitted to Planning Staff for review and approval.
28
29 A. Location of required bike rack and specifications of proposed bike rack. Inverted
30 "u" preferred.
31 B. Location and detail of required signs to be installed front and back of site. The
32 signs shall instruct customers not to leave donations after hours and shall be in
33 both English and Spanish.
34 C. Details for parking lot showing parking spaces striped.
35
36 4. Prior issuance of a business license, the following shall be completed and are subject to
37 staff approval:
38
39 A. The required bike rack shall be installed as required in 3. Inverted "U "style rack
40 is preferred.
41 B. Installation of signs required in 3B.
42 C. Completion of parking lot striping as required in 3C.
43
44
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
11
1 5. Signs require application of and approval of a sign permit prior to installation of signs.
2
3 6. Prior to issuance of business license and subject to staff review and approval a sign
4 shall be installed at the rear of the building that says that donations are not accepted
5 after close of business and that donation items shall not be left after close of business.
6
7 Standard Citv Conditions of Approval
8
9 7. This approval is not effective until the 10 day appeal period applicable to this Use Permit
10 has expired without the filing of a timely appeal. If a timely appeal is filed, the project is
11 subject to the outcome of the appeal and shall be revised as necessary to comply with
12 any modifications, conditions, or requirements that were imposed as part of the appeal.
13
14 8. Business operations shall not commence until all permits required for the approved use,
15 including but not limited to business license, tenant improvement building permit, have
16 been applied for and issued/finaled.
17
18 9. No permit or entitlement shall be deemed effective unless and until all fees and charges
19 applicable to this application and these conditions of approval have been paid in full.
20
21 10. The property owner shall obtain and maintain any permit or approval required by law,
22 regulation, specification or ordinance of the City of Ukiah and other Local, State, or
23 Federal agencies as applicable. All construction shall comply with all fire, building,
24 electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect
25 at the time the Building Permit is approved and issued.
26
27 11. In addition to any other condition imposed, any construction shall comply with all
28 building, fire, electric, plumbing, occupancy, and structural laws, regulations and
29 ordinances in effect at the time the Building Permit is approved and issued.
30
31 12. A copy of all conditions of this Use Permit Amendment shall be provided to and be
32 binding upon any future purchaser, tenant, or other party of interest.
33
34 13. All conditions of approval that do not contain specific completion periods shall be
35 completed prior to commencement of services allowed by this use permit amenement.
36
37 14. This Use Permit may be revoked through the City's revocation process if the approved
38 project related to this Permit is not being conducted in compliance with these stipulations
39 and conditions of approval; or if the project is not established within two years of the
4o effective date of this approval; or if the established use for which the permit was granted
41 has ceased or has been suspended for 24 consecutive months.
42
43 15. This approval is contingent upon agreement of the applicant and property owner and
44 their agents, successors and heirs to defend, indemnify, release and hold harmless the
45 City, its agents, officers, attorneys, employees, boards and commissions from any claim,
46 action or proceeding brought against any of the foregoing individuals or entities, the
47 purpose of which is to attack, set aside, void or annul the approval of this application.
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
12
1 This indemnification shall include, but not be limited to, damages, costs, expenses,
2 attorney fees or expert witness fees that may be asserted by any person or entity,
3 including the applicant, arising out of or in connection with the City's action on this
4 application, whether or not there is concurrent passive or active negligence on the part
5 of the City. If, for any reason any portion of this indemnification agreement is held to be
6 void or unenforceable by a court of competent jurisdiction, the remainder of the
7 agreement shall remain in full force and effect.
8
9
10
11
12
13
Hospice of Ukiah
Thrift and Gift Store
401 South State Street
File No.13-06-UP-PC
13
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