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HomeMy WebLinkAbout07242013 - packetAmericans 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. CITY OF UKIAH PLANNING COMMISSION AGENDA Wednesday July 24, 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 following meetings are included for review and approval: A. April 24, 2013 Minutes B. May 8, 2013 Minutes C. May 22, 2013 Minutes 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 items on this agenda, the appeal must be received by August 5, 2013 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARINGS A. 199 SOUTH STATE MAJOR EXCEPTIONS AND SITE DEVELOPMENT PERMIT (File No.: 13-16-EXC-UP-PC). Planning Commission consideration and possible action on Major Exceptions and a Major Site Development Permit to allow exterior modifications to the building located at 199 South School Street, APN 002-226-07, in the Downtown Zoning Code. 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. CRUSH LIVE ENTERTAINMENT, OUTDOOR BARBECUE, AND OFF-SITE PARKING USE PERMIT, 1180 AIRPORT PARK BOULEVARD (File No.: 13-17- UP-PC). Planning Commission consideration and possible action on a Major Use Permit to allow live entertainment and an outdoor barbecue at Crush restaurant located at 1180 Airport Park Boulevard, APN 180-070-24, and to allow off-site parking for the live entertainment on the parcel located adjacent to and west of Crush on the northeast corner of Commerce Drive/Airport Road, APN 180-070-03. 10. NEW BUSINESS A. Election of Chairperson and Vice Chairperson 11. PLANNING DIRECTOR’S REPORT 12. PLANNING COMMISSIONERS’ REPORT 13. ADJOURNMENT MINUTES OF THE PLANNING COMMISSION April 24, 2013 Page 1 UKIAH PLANNING COMMISSION 1 April 24, 2013 2 Minutes 3 4 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 5 Judy Pruden, Chair Kevin Doble 6 Linda Sanders 7 Mike Whetzel 8 Laura Christensen 9 10 STAFF PRESENT OTHERS PRESENT 11 Charley Stump, Planning Director Listed below, Respectively 12 Kim Jordan, Senior Planner 13 Jarod Thiele, Recording Secretary 14 15 1. CALL TO ORDER 16 The regular meeting of the City of Ukiah Planning Commission was called to order by 17 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, 18 Ukiah, California. 19 20 2. ROLL CALL 21 22 3. PLEDGE OF ALLEGIANCE - Everyone cited. 23 24 4. APPROVAL OF MINUTES – The minutes from the April 10, 2013 meeting are included for review 25 and approval. 26 27 The Planning Commission deferred approval of the April 10, 2013 minutes to the next regular meeting. 28 29 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 30 31 6. APPEAL PROCESS – There are no appealable items. 32 33 7. SITE VISIT VERIFICATION 34 35 8. VERIFICATION OF NOTICE 36 37 9. PUBLIC HEARING 38 9A. Greenhouse Gas Emissions and Climate Action Plan Workshop. Environmental Science 39 Associates (ESA) will conduct a public workshop to report on the City of Ukiah Greenhouse Gas 40 Emissions and the preparation of a Climate Action Plan. As part of the workshop, ESA will: 1) 41 present the Municipal and City-wide Greenhouse Gas (GHG) Emissions Inventories; 2) provide 42 an overview of the purpose and goals of Climate Action Plans (Cap); and 3) receive community 43 input on possible municipal and community emissions reduction strategies; challenges and 44 barriers to emissions reduction; and programs and policies that may be us ed to reduce municipal 45 and community emissions. The information gather at this meeting will be used to prepare a draft 46 municipal and community Climate Action Plan for the City of Ukiah. The draft CAP will be 47 presented for consideration at a future City Council meeting. 48 49 Planning Director Stump: 50  Welcomed everyone to the workshop and provided an introduction. 51 52 Commissioner Sanders: Asked about the extent of public noticing for the project and who was notified. 53 54 MINUTES OF THE PLANNING COMMISSION April 24, 2013 Page 2 Planning Director Stump: In addition to the required City process for public noticing, notices were sent 1 to interested persons, groups parties, organization that staff was aware of via an email list. Notices were 2 sent through all media contacts and the Ukiah Daily Journal received a press release about two weeks 3 ago requesting they report on the upcoming workshop in the paper. However, nothing appeared until 4 today. 5 6 Brian Grattidge, Environmental Science Associates (ESA): 7  Introduced Jeff Caton and Claire Myers of ESA who will be participating in the workshop. 8  Explained how the workshop will be conducted and the agenda will include: 1) Climate Action 9 Plan Overview; 2) Community Feedback; 3) Breakout Results and Concluding Remarks. 10  It is important for jurisdictions to have a climate action plan in terms of future CEQA actions and 11 in terms of evaluating future development for projects that come along. 12 13 Climate Action Plan Overview 14 15 Jeff Caton, ESA gave a PowerPoint presentation relative to the City of Ukiah Climate Action Plan (CAP) 16 as it relates to GHG emissions the contents of which are incorporated into the minutes as attachment 1: 17 18  Greenhouses gases have been rising steadily since the early 20th century. 19  There has not been a lot of success globally of reducing GHG emissions. 20  People have already seen effects of climate change. 21  While GHG is a global problem much of the important work that has to be done to reduce the gas 22 emissions must be done by local governments and/or at a local level. 23  GHG emissions is not just an environmental issue with the kind of changes we can expect to 24 agriculture, dealing with fossil fuels, and some of the economic impacts that might be seen, the 25 matter of GHG emissions is going to become a very important aspect of our lives going forward. 26  Provided an overview/definition of what constitutes/comprises primary greenhouse gases and 27 noted these gases disrupt the stability of the atmosphere and planet. Of these GHG, Carbon 28 Dioxide represents 84% of the greenhouse gases are are emitted by human activities from fossil 29 fuel combustion; Methane represents 10% and is stronger more warmer gas than carbon dioxide 30 and comes from the production of coal, natural gas, and oil, livestock and agriculture practices 31 and decay of organic waste followed by nitrous oxide that comes from agricultural and industrial 32 activities and fossil fuel combustion and fluorinated gases that come from industrial processes. 33  Studies indicate the concentration of carbon dioxide has risen steadily since the 1940s and is 34 attributed primarily to the industrialization of the planet. 35  Some of the impacts as a result of a warming planet and corresponding climate change in 36 California will include problems with water, reduced snow pack, more drought, impacts to 37 agriculture, rising sea level, increased risk of wildfire, more extreme weather events, loss of 38 biodiversity, issues with air pollution and human health. 39  Work needs to be done to stabilize the planet and the task of mitigating GHG emissions will not 40 be easy and is a state, national, and international effort through the establishment of policies, 41 agreements and measures. 42  Further commented on the CAP GHG emission forecast and what needs to be done by 2020 to 43 reduce GHG and by what levels. 44  Elaborated on what measures are being done and/or can be done locally to reduce GHG 45 emissions. 46  Explained what elements constitute a GHG inventory and provided information on the baseline 47 community GHG inventory as of 2005 for the City of Ukiah. 48  Awareness, education, understanding/consideration, establishment of priorities with regard to 49 GHG inventories and global unification between nations/countries taking action together to 50 formulate climate action plans/policies and more are key elements toward reducing GHG 51 emissions and stabilizing the planet. 52 53 Community Feedback 54 55 MINUTES OF THE PLANNING COMMISSION April 24, 2013 Page 3 The public participated in a GHG/CAP as it relates to the City of Ukiah strategy. A copy of the discussion 1 questions and workshop posters is incorporated in the minutes as attachment 2. The response/feedback 2 information from the public concerning City of Ukiah Strategy is incorporated into the minutes as 3 attachment 3. 4 5 Breakout Results and Concluding Remarks 6 Chair Pruden: 7  Noted that the Airport and railroad were not included in the emissions inventory and this appears 8 to an oversight. The train has not been running since the mid-1990s. Would like to see it run 9 again. How is this then captured? 10 11 Jeff Caton and Brian Grattidge, ESA: 12  The Airport was accounted for in the municipal inventory since the fuel and electricity use 13 information was collected for City facilities, including the Airport. 14  Once the emissions are created, they are under federal jurisdiction (air space) so this type of 15 emission is not captured in local GHG inventories due to federal pre-emption. 16 17 Phil Dow: 18  Inquired if the City of Ukiah was required to prepare the GHG Inventory and CAP due to 19 Assembly Bill (AB)32. MCOG should have the regional transportation blueprint plan for the 20 County completed soon. 21 22 ESA: 23  No. AB32 does not require the preparation of a GHG inventory and CAP. The preparation of 24 these does help when reviewing development projects. Such projects can be reviewed for 25 compliance with the measures included in the CAP which assists CEQA analysis and review. 26 27 Public member provided information regarding the water conservation policy for San Francisco, a copy of 28 which has been incorporated into the minutes as attachment 4. 29 30 10. PLANNING DIRECTOR’S REPORT 31 32 11. PLANNING COMMISSIONERS’ REPORT 33 34 12. ADJOURNMENT 35 There being no further business, the meeting adjourned at 7:42 p.m. 36 37 38 Jarod Thiele, Recording Secretary 39 40 41 Cathy Elawadly, Transcriptionist 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 MINUTES OF THE PLANNING COMMISSION May 8, 2013 Page 1 UKIAH PLANNING COMMISSION 1 May 8, 2013 2 Minutes 3 4 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 5 Kevin Doble Laura Christensen 6 Linda Sanders 7 Mike Whetzel 8 Judy Pruden, Chair 9 10 STAFF PRESENT OTHERS PRESENT 11 Kim Jordan, Senior Planner Listed below, Respectively 12 Jennifer Faso, Associate Planner 13 Cathy Elawadly, Recording Secretary 14 15 1. CALL TO ORDER 16 The regular meeting of the City of Ukiah Planning Commission was called to order by 17 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, 18 Ukiah, California. 19 20 2. ROLL CALL 21 22 3. PLEDGE OF ALLEGIANCE - Everyone cited. 23 24 4. APPROVAL OF MINUTES – The minutes from the April 10, 2013 and April 24, 2013 will be 25 available for review at the May 22, 2013 meeting. 26 27 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 28 29 6. APPEAL PROCESS – Chair Pruden read the appeal process. For matters at this meeting, the 30 final date to appeal is May 20, 2013. 31 32 7. SITE VISIT VERIFICATION - Confirmed by Commission. 33 34 8. VERIFICATION OF NOTICE - Confirmed by staff. 35 36 9. PRESENTATION 37 9A. Mendocino County Public Health Presentation on the Relationship between Greenhouse 38 Gas Emissions and Public Health. Mendocino County Public Health presentation on the 39 relationship between greenhouse gas emissions reduction methods and improved health of th e 40 community. This presentation is a follow-up to the City of Ukiah Municipal and Community 41 Greenhouse Gas Emissions (GHG) and Climate Action Plan (CAP) workshop held on April 24 th. 42 This presentation addresses the relationship between GHG emissions, CAP str ategies, and 43 impacts on public health. 44 45 Staff from Mendocino County Public Health (Jessica Stull-Otto, Senior Program Specialist, Kristin 46 Fladseith, Senior Public Health Analyst, and Tina Tyler-O’Shea, Program Administrator) gave a 47 presentation on the relation between Greenhouse Gas Emissions (GHG) and the corresponding impacts 48 on public health the contents of which are incorporated into the minutes as Attachment 1. 49 50 Commissioner Sanders: 51  Referred to item 4C, Indicators, Improve Air and Water Quality, stormwater runoff: 5% of projects 52 are required to implement LID treatment mechanisms (County) and 10% of projects include LID 53 treatment mechanisms (Fort Bragg) and inquired about the target/desired outcome of 100% of 54 MINUTES OF THE PLANNING COMMISSION May 8, 2013 Page 2 new development projects utilize LID techniques, when feasible by 2012. Is not clear when 1 feasible is utilized. 2  What is the status of the County’s stormwater ordinance? 3 4 Mendocino County Public Health: 5  The aforementioned was a target the City of Fort Bragg selected. Has no knowledge what the 6 City of Fort Bragg considers feasible, but the matter of new development projects utilizing LID 7 techniques is something Fort Bragg wanted to adopt. 8  The County’s stormwater ordinance is being worked on. 9 10 Chair Pruden: 11  A public member indicated the survey related to GHG emissions and Climate Action Plan (CAP) 12 on the City’s Website was problematic. 13 14 Senior Planner Jordan: 15  Accessed the survey from the website today without any problems. According to the consultant 16 there have been 100 responses as of Monday afternoon. A person can complete a hard copy if 17 he/she is having problems with the online survey. 18 19 Chair Pruden: 20  Related to CEQA and now having to address GHG emissions in environmental reports, supports 21 this becomes an element in the General Plan. Is of the opinion this would be the best and most 22 effective mechanism of bringing GHG emissions and climate change to the ‘forefront’ such that 23 when developments are being considered the information/criteria is in place to determine whether 24 or not a project is consistent with the General Plan. 25 26 10. OLD BUSINESS 27 10A. Verizon Wireless Use Permit and Site Development Permit Condition Compliance, 1200 28 Hasting Road (Elks Lodge). On October 24, 2012, Planning Commission approved a Use 29 Permit and Site Development Permit to allow the construction and operation of a wireless 30 telecommunications facility (WTF) with a tree-pole to return to Planning Commission for review 31 and approval. The applicant has submitted the required plans and details from Planning 32 Commission review and consideration. Please Note: The appeal period for the approval of the 33 Use Permit and Site Development Permit has expired. The scope of the public meeting is limit ed 34 to condition compliance related to the tree-pole design. 35 36 Senior Planner Jordan advised applicant, Jay Gruendle of On Air Communications is available to 37 answer questions the Commission may have. 38 39 Chair Pruden: 40  Was able to observe a cell tree pole having a Redwood tree design being erected among the live 41 Redwood trees in Windsor and noted the cell tower was not visible/obtrusive among all the 42 Redwoods. 43  Is pleased with and approves of the sample board provided by the applicant. The design of the 44 tree-pole is substantially the same as the tree-pole WTF located on the west side of Highway 101 45 south of Arata Lane in Windsor. 46  Requested clarification the same model is the one the Commission liked at the October 24, 20 12 47 meeting. 48 49 Jay Gruendle, applicant/agent for Verizon Wireless: 50  Confirmed the model is the same. Cell Trees, Inc. was used for Windsor and is also the vendor 51 selected by Verizon for this project. 52  At the time of the previous meeting, Verizon had not yet selected the vendor, so could not provide 53 this information to the Commission. 54 55 MINUTES OF THE PLANNING COMMISSION May 8, 2013 Page 3 Commissioner Sanders: 1  Inquired about when the natural trees around the tree-pole grow to the same height or above, 2 what happens to those trees? Is the applicant able to have the natural trees cut down because 3 they are interfering with cell phone reception for customers? 4 5 Jay Gruendle: Nothing happens to the natural trees. When the pole is sited, the location accounts for the 6 existing trees. The antennas are located in a way that they are not blocked by the trees and the ‘line of 7 sight’ is maintained. The primary service area for this project is downtown and the siting of the antennas 8 accounts for this. 9 10 M/S Whetzel/Doble to approve Verizon Wireless Use Permit and Site Development Permit Condition 11 Compliance. Motion carried (3-0) with Commissioner Sanders abstaining and Commissioner Christensen 12 absent. 13 14 PUBLIC HEARING 15 16 11A. Food Depot Use Permit for Outside Sales and Display, 350 North Orchard Avenue (Home 17 Deport). Planning Commission consideration and possible action on a Use Permit to allow the 18 daily operation of a stationary food vendor with picnic tables and umbrellas at 350 N orth Orchard 19 Avenue (Home Depot). 20 21 Associate Planner Faso: Presented the staff report. 22 23 Commissioner Sanders: How long has Food Depot been operating? 24 25 Mark Barra, applicant: 26  Is the owner of Food Depot that has been operating since November 2, 2012. 27 Chair Pruden: 28  Had lunch yesterday at Food Depot and thought food was very good. 29  Likes the project and approves of the location for the business. 30 PUBLIC HEARING OPENED: 6:44 p.m. 31 32 PUBLIC HEARING CLOSED: 6:44 p.m. 33 34 M/S Doble/Sanders to approve Food Depot Use Permit for Outside Sales and Display, 350 North 35 Orchard Avenue (Home Depot) with Findings 1-6 and Conditions of Approval 1-21. Motion carried (4-0). 36 37 USE PERMIT FINDINGS TO ALLOW 38 A FOOD VENDOR TO OPERATE OUTSIDE 39 350 NORTH ORCHARD AVENUE, APN 002-370-26 40 FILE NO: 12-21-UP-PC 41 42 The following findings are supported by and based on information contained in this staff report, the 43 application materials and documentation, and the public record. 44 45 1. The proposed project, as conditioned, is consistent with the goals and policies of the General 46 Plan as described in the staff report and Table 1. 47 48 2. The proposed project meets the parking requirements of the zoning code in that the project will 49 provide. 50 51 3. The project approved with conditions would be compatible with surrounding uses based on the 52 following: 53 MINUTES OF THE PLANNING COMMISSION May 8, 2013 Page 4 A. The project site is located within an existing commercial area and would be accessory to 1 an existing permitted use. 2 B. The proposed food vendor project would not change the existing use of the site. 3 C. The primary customers of the proposed food vendor would be customers who are already 4 on the site and therefore there would not be a significant in traffic in the area. 5 D. The hours of operation for the food vendor would not extend past the hours of operation 6 of the existing Home Depot therefor the project would not have an additional impact of 7 the surrounding neighborhood. 8 9 4. The project would not be detrimental to the public’s health, safety and general welfare based on the 10 following: 11 12 A. The proposed project would have similar hours of operation as the existing Home Depot 13 and therefore the surrounding neighbors are already familiar with the operations of the 14 existing commercial business and would not be additionally impacted. 15 B. The parking and circulation on the site would not change as a result of this project 16 because the food vendor trailer is accessory to the main use on the site, and would not 17 be located within existing vehicle or pedestrian circulation areas. 18 C. The project would be required to adhere to all standard city requirements, including the 19 City’s noise ordinance and City’s Commercial Property Maintenance requirements. 20 D. The project has been reviewed by the Fire Marshal, Police Department, Building Official, 21 and Public Works and any review comments from these departments have been included 22 as conditions of approval. 23 E. The project is required to comply with all federal, state and local laws, including the 24 Commercial Property Maintenance requirements. 25 26 5. The proposed project is exempt from the provisions of the California Environmental Quality Act 27 (CEQA) pursuant to Section 15303 (e), New construction and Conversion of Small Structures 28 accessory structures based on the following: 29 30 A. The proposed food vendor would be accessory to the existing commercial business. 31 B. The location is not environmentally sensitive and no drainage courses or bodies of water 32 (such as creeks or streams) are located on the site. 33 C. 34 35 6. Notice of the proposed project was provided in the following manner as required by the Zoning 36 Ordinance: 37 38 A. posted in three places on the project site on April 25, 2013; 39 B. mailed to property owners within 300 feet of the project site on April 25, 2013; and 40 C. published in the Ukiah Daily Journal on April 28, 2013. 41 42 USE PERMIT CONDITIONS OF APPROVAL 43 TO ALLOW A FOOD VENDOR TO OPERATE OUTSIDE 44 350 NORTH ORCHARD AVENUE, APN 002-370-26 45 FILE NO: 12-21-UP-PC 46 47 1. Approval is granted for Use Permit 12-21-UP-PC to allow a food vendor to operate outside of the 48 Home Depot located at 350 North Orchard Avenue on a daily basis. Approval is granted for this 49 use permit as described in the project description dated March 22, 2013 and shown on the site 50 plan dated March 22, 2013, except as modified by the following conditions of approval. 51 2. The food vendor shall have the following operating characteristics: 52 A. Daily operation of a stationary food trailer 53 MINUTES OF THE PLANNING COMMISSION May 8, 2013 Page 5 B. Hours of operation shall be Monday through Saturday 6:00 am to 10 pm and Sunday 1 7:00 am to 8 pm 2 C. One full time employee and two part time employees 3 D. Three outside picnic tables with umbrellas 4 E. One sign located on the front of the food trailer 5 F. Seasonal barbeque 6 7 3. A sign permit is required for installation of sign on the front of the food trailer 8 4. Prior to commencement of business a City business license is required. 9 5. All outdoor dining furnishings and all exterior surfaces within the outdoor dining area shall be 10 easily cleanable and kept clean and free of debris. 11 6. The outdoor dining area shall be kept in a clean and safe condition. 12 7. The food vendor trailer and outdoor tables shall not encroach into any area designated for vehicle 13 or pedestrian circulation. 14 8. The food vendor shall not operate when Home Depot is not open for business. 15 From the Fire Marshall (Chuck Yates 463-6264) 16 17 9. Existing kitchen suppression system needs servicing every six months. 18 19 10. Portable fire extinguisher is required: Classification 2:A10:BC extinguisher (California Code of 20 Regulations, Title 19, Sec. 508, table 2 and 3) 21 22 11. Class “K” extinguisher must be hung 23 12. Fire extinguishers require annual inspections. 24 25 Standard City Conditions of Approval 26 13. This approval is not effective until the 10 day appeal period applicable to this Use Permit has 27 expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the 28 outcome of the appeal and shall be revised as necessary to comply with any modifications, 29 conditions, or requirements that were imposed as part of the appeal. 30 14. Business operations shall not commence until all permits required for the approved use, 31 including but not limited to business license, tenant improvement building permit, have been 32 applied for and issued/finaled. 33 15. No permit or entitlement shall be deemed effective unless and until all fees and charges 34 applicable to this application and these conditions of approval have been paid in full. 35 16. The applicant shall obtain and maintain any permit or approval required by law, regulation, 36 specification or ordinance of the City of Ukiah and other Local, State, or 37 Federal agencies as applicable. All construction shall comply with all fire, building, electric, 38 plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the 39 Building Permit is approved and issued. 40 17. In addition to any other condition imposed, any construction shall comply with all 41 building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in 42 effect at the time the Building Permit is approved and issued. 43 MINUTES OF THE PLANNING COMMISSION May 8, 2013 Page 6 18. A copy of all conditions of this Use Permit Amendment shall be provided to and be binding upon 1 any future purchaser, tenant, or other party of interest. 2 19. All conditions of approval that do not contain specific completion periods shall be completed prior 3 to commencement of services allowed by this use permit amendment. 4 20. This Use Permit may be revoked through the City’s revocation process if the approved project 5 related to this Permit is not being conducted in compliance with these stipulations and conditions 6 of approval; or if the project is not established within two years of the effective date of this 7 approval; or if the established use for which the permit was granted has ceased or has been 8 suspended for 24 consecutive months. 9 10 21. This approval is contingent upon agreement of the applicant and property owner and their agents, 11 successors and heirs to defend, indemnify, release and hold harmless the City, its agents, 12 officers, attorneys, employees, boards and commissions from any claim, action or proceeding 13 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set 14 aside, void or annul the approval of this application. This indemnification shall include, but not be 15 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted 16 by any person or entity, including the applicant, arising out of or in connection with the City's 17 action on this application, whether or not there is concurrent passive or active negligence on the 18 part of the City. If, for any reason any portion of this indemnification agreement is held to be void 19 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall 20 remain in full force and effect. 21 22 12. PLANNING DIRECTOR’S REPORT 23 Senior Planner Jordan: There will be a Planning Commission meeting on May 22. 24 25 13. PLANNING COMMISSIONERS’ REPORT 26 Commissioner Sanders: 27  The Department of Fish and Game Watershed Stewards are doing a vegetative workday near the 28 Assembly of God Church at Gibson Creek on May 25th beginning with registration at 9:30 a.m. 29 with the workday ending at 2:00 p.m. Lunch will be provided. 30  Encourages the public to participate. 31 32 Chair Pruden: 33  Related to the new City electrical substation at Gobbi Street and Orchard Avenue, it was her 34 understanding there would be brochures for the Interpretive Garden and noted there is none. 35 36 Senior Planner Jordan: The Electric Department has not requested a final on the project, so this item 37 has not been completed. It does need to be completed prior to final. 38 39 14. ADJOURNMENT 40 There being no further business, the meeting adjourned at 6:50 p.m. 41 42 43 Cathy Elawadly, Recording Secretary 44 45 46 47 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 1 UKIAH PLANNING COMMISSION 1 May 22, 2013 2 Minutes 3 4 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 5 Judy Pruden, Chair 6 Kevin Doble 7 Linda Sanders 8 Mike Whetzel 9 Laura Christensen 10 11 STAFF PRESENT OTHERS PRESENT 12 Kim Jordan, Senior Planner Listed below, Respectively 13 Jennifer Faso, Associate Planner 14 Cathy Elawadly, Recording Secretary 15 16 1. CALL TO ORDER 17 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Pruden at 18 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 19 20 2. ROLL CALL 21 22 3. PLEDGE OF ALLEGIANCE - Everyone cited. 23 24 4. APPROVAL OF MINUTES – The minutes from the April 10, 2013 meeting are included for review 25 and approval. The minutes from the April 24 and May 8, 2013 meetings will be available for review at the 26 June 12, 2013 meeting. 27 28 M/S Sanders/Christensen to approve the April 10, 2013 minutes, as submitted. Motion carried (3-0) with 29 Commissioner Whetzel and Chair Pruden abstaining. 30 31 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 32 33 6. APPEAL PROCESS – Chair Pruden read the appeal process. For matters at this meeting, the 34 final date to appeal is June 3, 2013. 35 36 7. SITE VISIT VERIFICATION - Confirmed by Commission. 37 38 8. VERIFICATION OF NOTICE - Confirmed by staff. 39 40 9. PUBLIC HEARING 41 9A. Ukiah High School Community Mural Senior Project, 116 South State Street (File No.: 13 -42 11-MP-PC). Planning Commission consideration and possible action on a Mural Permit to allow 43 the installation of three murals at 116 South State Street, APN 002-226-08. The murals area 44 senior project for students of the AP English Literature class at Ukiah High School. 45 46 Associate Planner Faso: Presented the staff report. 47 48 Commission: 49  Assumes the applicant has permission from the property owner to install the murals. 50  Is there a completion date? 51 52 Staff: 53  The property owner has given permission to install murals. The property owner signed the Site 54 Development Permit application. 55 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 2  No completion date has been given. The murals will be c ompleted off-site and installed on the 1 building. 2 3 PUBLIC HEARING OPENED: 6:06 p.m. 4 5 Zane Molgaard, applicant: 6  The Project is an effort by a group of Ukiah High School seniors completing their required senior 7 project. The assignment was to find a problem in the community and address it by using some 8 sort of art. The group elected to create and install their mosaic murals on the premise that 9 residents of communities with public displayed art are on average happier and more productive 10 than communities without publicly displayed art. 11  The property owner has given permission to complete the proposed mural project 12  The tiling on first mural has been completed and a color rendering of this mural was provided to 13 the Planning Commission. 14  The Senior group intends to have the Project completed by July 2013. 15 16 Commission: 17  Is there a maintenance plan for the murals in place? 18  Will an encroachment permit be required when the murals are installed? 19  Asked for clarification whether the sidewalk or the street is con sidered the public right-of-way and 20 whether doing something on the side of building does require an encroachment permit? 21  Requested clarification the property owner has given permission to do the project. It is likely the 22 long term maintenance of the murals will fall on the building owner. 23  If an encroachment permit is necessary would there be a charge? If so, would like to see this 24 charge waived for these High School students. 25  Asked about how the murals will be attached to building. 26  Highly approves of the project and its intent. The Project would help beautify the town. 27 28 Zane Molgaard: 29  Affirmed the murals will be maintained by the Senior group and/or Ukiah High School staff. 30  It is unlikely the public will damage/vandalize the murals because a tall ladder is necessary to 31 install the murals on the three existing frame inserts along the West Church Street wall of the 32 project site. 33  Katherine Elliott is the property owner and she has given the applicant permission to do the 34 Project. 35  There are options regarding maintenance of the murals and the property owner has been 36 informed. 37  Explained how the murals will be attached. 38 39 Staff: 40  Public Works did not provide any comments on the Project. While an encroachment permit would 41 likely be required, Planning staff is unable to answer the question because Public Works did not 42 provide any comments regarding the Project. 43  Clarified the sidewalk is typically considered the public right-of-way. Doing something on the side 44 of building would likely require an encroachment permit and Public Works would make this 45 determination. 46  An encroachment permit requires a fee. 47 48 Chair Pruden: City fees are adopted by Council. City Council would have to make a determination 49 about potentially waiving an encroachment permit fee. 50 51 Elizabeth Raybee: 52  Confirmed the height from the sidewalk to the location of the murals is pretty great such that the 53 murals would not likely be tampered with/vandalized. 54  Elaborated on how the murals will be installed on the building. 55 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 3 PUBLIC HEARING CLOSED: 6:15 p.m. 1 2 M/S Whetzel/Sanders to approve Ukiah High School Community Mural Senior Project (File No.: 13-11-3 MP-PC) with Findings 1-4 and Conditions of Approval 1-8. Motion carried (5-0). 4 5 MURAL PERMIT FINDINGS TO ALLOW 6 THREE MURALS TO BE INSTALLED 7 AT 116 SOUTH STATE STREET, APN 002-226-08 8 9 The following findings are supported by and based on information contained in this staff report, the 10 application materials and documentation, and the public record. 11 12 1. The proposed project, as conditioned, is consistent with the goals and policies of the General 13 Plan as described in the staff report. 14 15 2. The proposed murals are consistent with criteria contained in Section 3225 (G) of the Ukiah City 16 Code, supported by the following. 17 18 A. Compatibility with surrounding environment and community in general. 19 20  The site contains a commercial structure and is located within the downtown 21 commercial district. As noted in the project description submitted by the applicant, 22 the murals would depict ideals important to Ukiah and the surrounding community. 23 Specifically the murals would represent 1) nature and environmentalism; 2) 24 intercultural understanding and cooperation and 3) music (see attachment 3, project 25 description). 26  The proposed murals would be compatible with other murals in the downtown area in 27 that they would all have a similar focus (community interests) and would be mosaic 28 murals. 29  The mosaic style of the murals would complement the brick façade of the existing 30 commercial structure on the site. 31 32 B. Appropriateness of the proposed mural to the site. 33 34  The site contains four different store fronts which include a wine tasting room, retail 35 store, law office and a jewelry shop. The themes of the murals represent the 36 community of Ukiah. 37  The site is located in an area that will be highly visible to the General Public and 38 therefore will create a positive community feeling and “ Sense of Place “, as noted in 39 the General Plan Community Design Element. 40  The proposed murals would include a rendering of a wave, a tree and a person 41 playing a violin. The murals do not represent any of the uses of the building but 42 represent things that are important to the community. 43  Based on the above the murals would be appropriate for this location. 44 45 C. Relationship to use of building upon which the mural will be place. 46 47  The site contains a commercial building that houses four store fronts. The uses 48 include professional office, retail and wine tasting. These uses are available to the 49 general public and the proposed murals represent the Community of Ukiah therefore 50 based on this relationship the murals would be appropriate to this site while not 51 representing anything specific to the site. 52 53 D. Impact on motorist and traffic hazards. 54 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 4 1  The mural would be visible to motorists traveling on West Church Street. However, 2 the graphics do not flash, rotate, blink or move. The graphics also do not imitate or 3 resemble official traffic or road signs (e.g. “stop”, “go slow”, “caution”, “danger”, 4 “warning” or similar). 5  The mural permit application has been reviewed by the Public Works Department 6 and they did not have any comments. 7  The proposed mural would be out of the direct line of sign of motorists traveling on 8 West Church Street because the murals would be located along upper top portion of 9 the West Church Street elevation ( see attachment 4, photo of mural location) 10  Based on the above the mural would not have an impact on motorists and would not 11 create a traffic hazard. 12 13 E. Advertising potential. 14 15  The murals would not represent an advertising message but would convey a sense of 16 community involvement and wellbeing. 17  The proposed murals would include a rendering of ocean wave, a tree and a person 18 playing a violin. The murals do not represent any of the uses of the building. 19 20 3. The proposed mural is compatible with surrounding land uses and will not cause impacts to 21 traffic, pedestrians or bicyclists since the murals will be attached to the building wall and will not 22 extend into the public right-of-way, pedestrian path, or parking area(s). 23 24 4. The proposed project, as conditioned, is exempt from the provisions of the California 25 Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1(a), 26 which allows alterations to the exterior of an existing building when there is with no expansion of 27 the existing use based on the following: 28 29 A. The proposed project only involves minor alterations to the exterior of the building. 30 B. The proposed project does not involve an expansion of the existing use or building. 31 32 MURAL PERMIT CONDITIONS OF APPROVAL TO ALLOW 33 THREE MURALS TO BE INSTALLED 34 AT 116 SOUTH STATE STREET, APN 002-226-08 35 36 1. This Mural Permit is granted only for the proposed murals addressed in the staff report and shall not 37 be construed as an approval for any additional murals or as eliminating or modifying any building, 38 use requirement. 39 40 2. This approval is not effective until the 10 day appeal period applicable to this Permit has been 41 exceeded, and any timely filed appeal has been reviewed. 42 43 3. All murals will be maintained in good condition. At any point as their condition becomes 44 deteriorated by graffiti, weathering or other m eans, as determined by the Planning Director, they 45 will be removed or obscured by the applicant or property owner. 46 47 4. This approval shall be null and void unless the California Environmental Quality Act/Fish and 48 Game filing fee of $50 payable to Mendocino County is filed with the City of Ukiah Planning and 49 Community Development Department within five (5) days of this approval. 50 51 5. All murals shall conform to the application approved by the Planning Commission and to any 52 supporting documents submitted therewith or made part of the administrative record, including 53 staff reports, maps and renderings submittals or documents any change to this approval shall 54 require an amendment to this approval. 55 56 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 5 6. This approved Permit may be revoked through the City's revocation process if the approved 1 project related to the Permit is not being conducted in compliance with the stipulations and 2 conditions of approval; or if the project is not established within two years of the effective date of 3 approval; or if the established and use for which the permit was granted has ceased or has been 4 suspended for twenty-four (24) consecutive months. 5 6 7. This approval is not effective unless and until all other required discretionary entitlements have 7 been granted, issued or approved as applicable. 8 9 From the Building Official (David Willoughby) 10 11 8. A building permit is required before attachment of the murals to the building. 12 13 9B. B and B Warehouse Expansion, 923 Mazzoni Street (File No.: 13-10-SDP-PC). Planning 14 Commission consideration and possible action on a Site Development Permit to allow the 15 construction of a 5,600 square foot addition to an existing warehouse building at 923 Mazzoni 16 Street, APN 002-040-37. 17 18 Senior Planner Jordan introduced Planning Intern, Michele Johnson. 19 20 Michelle Johnson, Planning Intern gave a staff report. 21 22 Commission: 23  Are there any public comments/questions concerning the Project? 24  Related to attachment 2, items 6 and 7 from the Fire Marshal, asked why sprinkler systems were 25 waived for the Project. 26  Requested clarification relative to Condition of Approval 16 that states, ‘If the building permit 27 value is equal to or greater than one-third of the value of the existing structure, curb, gutter, 28 sidewalk, and street trees, along th e subject property street frontage shall be installed or repaired 29 if needed, pursuant to Section 9181 of the Ukiah City Code,’ because a sidewalk exists in front of 30 the building and asked about how this is determined. Further questioned the language in 31 Condition of Approval 15 that states, ‘If the building permit value of work exceeds $101, 180 or 32 the proposed improvements create the net addition of two or more plumbing fixture units to the 33 building, the existing sanitary sewer later al shall be tested in accordance with City of Ukiah 34 Ordinance No. 1105, and repaired or replaced if required,’ and inquired about the difference 35 between the two conditions of approval. 36  Requested clarification the proposed Project does not meet the criteria to trigger curb, gutt er, and 37 sidewalk improvements. 38 Staff: 39  No public comments/questions were received by staff. 40  Related to Condition #6, the Fire Marshal discussed the matter of requiring a sprinkler system 41 with the applicant. Based on the construction type being a metal build ing for metal storage, the 42 Fire Marshal determined a sprinkler system was not necessary. However, should the use of the 43 building change, a sprinkler system may be required which is why the Fire Marshal included the 44 condition as written that a change of use could require the installation of a sprinkler system. 45  Related to Condition #7, fire extinguishers are a separate and different requirement than for a 46 sprinkler system and all projects require fire extinguishers. 47  Related to Condition # 15, a sanitary sewer lateral test is triggered if the building permit value of 48 work exceeds $101,180. 49  Related to Condition #16, this is a different requirement specific to frontage improvements and it 50 has a different valuation trigger for when they are required. 51 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 6  It is not known if Conditions of Approval 15 and 16 apply until the applicant applies for a building 1 permit and ‘the value of the work’ is confirmed. 2  Public Works includes Conditions #15 and #16 so the applicant is aware these requirements may 3 apply to their project. 4  It is highly unlikely frontage improvements will be required since the only street frontage the 5 Project has is approximately 30-feet on Mazzoni that provides the driveway access to the site. 6 PUBLIC HEARING OPENED: 6:25 p.m. 7 8 Chair Pruden: 9  Has the applicant experienced any type of vandalism to his property, equipment, or materials 10 since his property abuts the railroad tracks? 11  Did not see a security fence on the site. 12  Since the parcel line appears to go right through the applicant’s building, inquired if the applicant 13 intends to merge his property line to the bigger lot or further to the north or keep it as a another 14 parcel? 15  Is there a current railroad landing? 16  Further inquired if the applicant has problems with theft? 17  Understands it is no longer possible to build a structure across a property line. 18 William Daniel: 19  While transients/homeless persons are in the area, has experienced relatively little problems in 20 the last few years associated with graffiti and/or any type of vandalism. The vandalism seems to 21 be caused by young people not homeless and the graffiti by graffiti artists. 22  Does not have a security fence, but is open to possibly constructing one in the future. 23  Looking at his property and the proposed project, is not proposing to change the existing building 24 on the south property line because in his line of work storage area for equipment/material is 25 necessary to have outdoor storage of materials and the property to the north will probably always 26 be used for equipment and materials storage. 27  Used to have access to a railro ad landing, but the railroad removed it. Would be amenable to 28 using a landing if the railroad were to operate again in the capacity it once did. He used to receive 29 steel from the mills by way of the railroad. 30  Over the years there have been some problems with theft, but not so much now since he installed 31 bars on the windows of the office. The buildings have alarm systems and the property is fenced 32 and gated. 33 PUBLIC HEARING CLOSED: 6:30 p.m. 34 35 Commission: 36  Is fine with staff’s analysis pertinent to Table 1, Zoning Ordinance Consistency as it relates to 37 height, vehicle/bicycle parking and landscaping. 38  Project conditions of approval 3 A,B, & C, 5/13 adequately address the required Lot Line 39 Adjustment (LLA). 40  Support approval of the project. 41 M/S Doble/Sanders to approve B and B Warehouse Expansion (File No.: 13-10-SDP-PC) with Findings 42 1-5 and Conditions of Approval 1-25. Motion carried (5-0). 43 44 SITE DEVELOPMENT FINDINGS TO ALLOW 45 A 5,600 SQUARE FOOT ADDITION TO THE EXISTING B & B WAREHOUSE 46 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 7 LOCATED AT 923 MAZZO NI STREET, APN 002-040-37 1 FILE NO: 13-10-SDP-PC 2 3 The following findings are supported by and based on information contained in this staff report, the 4 application materials and documentation, and the public record. 5 6 1. The proposed Project, as conditioned, is consistent with the General Plan as described in the 7 staff report. 8 9 2. The proposed Project is not located north of the boundaries of the Ukiah M unicipal Airport 10 compatibility zone, and, therefore, is not subject to the compatibility requirements. 11 12 3. The proposed Project, as conditioned, is consistent with the Zoning Ordinance as described in 13 Table 1 of the staff report. 14 15 4. The proposed project, as conditioned, is consistent with the following specific findings required 16 pursuant to Zoning Ordinance Section 9263(E) in order to approve a site development permit. 17 18 A. The proposed project is consistent with the General Plan as described in the General Plan 19 section above. 20 21 B. The proposed project site is currently developed and has a driveway. The project site does 22 not have street frontage therefore does not have a sidewalk. The proposed addition would be 23 located at the rear of the existing site and will not change the current pedestrian or vehicular 24 traffic pattern. Therefore the project will not create a hazardous or inconvenient vehicular or 25 pedestrian traffic pattern. 26 27 C. The accessibility of the existing off -street parking and driveways would not change as a result 28 of the proposed addition therefore no hazardous or inconvenient conditions will be created on 29 adjacent streets. 30 31 D. The project site is located at the rear of the property and is currently separated from adjoining 32 building sites by perimeter fencing. 33 34 E. There is a single-family residence located to the west of the proposed addition. There are 35 trees and landscaping surrounding the residence that provides screening of the surrounding 36 manufacturing uses. 37 38 F. The site is zoned Manufacturing and located in an area developed with other similar 39 Manufacturing uses and development. Based on the location and zoning of the Project, 40 surrounding similar uses, and screening of the single-family residence to the north, no 41 screening is required. Also of note is that the Manufacturing zoning district does not include 42 landscaping requirements (see below). 43 44 G. The proposed addition will be located at the rear of the site and separated from buildings on 45 the site and adjacent properties a substantial distance. Therefore, there is adequate 46 separation between buildings and the Project will not restrict or cut out light and air on the 47 property or on adjacent properties. 48 49 H. The proposed addition is a continuation of an existing allowed use. The addition will allow 50 materials currently located outside to be stored indoors. This could improve the appearance 51 of the site and as such will not hinder the development or future use of industrial buil dings in 52 the neighborhood. 53 54 I. N/A - The site is not located in or adjacent to a residential zoning district. 55 56 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 8 J. The site is located in an industrial/manufacturing area developed with an existing 1 office/warehouse building, parking area, and the ground is primarily covered in gravel. No 2 water courses, wildlife, wildlife habitat, floodway or flood plain or other environmentally 3 sensitive areas are present. 4 5 K. The proposed addition is located at the rear of the site and will be consistent in design and 6 materials to the existing building. The use of the building is warehouse for steel and metal 7 storage. This type of building usually has a simple rectangular form in order to allow proper 8 use and function. The design of the addition will continue the form, materials, and colors of 9 the existing building which is appropriate for the use, setting, and design for an addition. The 10 addition will not be visible from public locations. 11 12 5. The proposed project, as conditioned, is exempt from the provisions of the California 13 Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1(e)(2) , 14 that consists of projects that involve additions to existing structures provid ed that the addition will 15 not result in an increase of more than 10,000 square feet; the project is located in an area where 16 all public services and facilities are available and the project site is not located in an 17 environmentally sensitive area. The exemption is based on the following: 18 19 A. The total square footage of the addition is 5,600 square feet. 20 21 B. The project is not located within an environmentally sensitive area in that the site is located in 22 an urban area that includes a variety of industrial uses. The site is developed with a building 23 that is currently used and will continue to be used for offices/warehouse and associated 24 parking areas and landscaping. No water courses, wildlife, wildlife habitat, floodway or flood 25 plain or other environmentally sensitive areas are present. No trees will be removed as a 26 result of the addition. 27 28 C. The project site is located in an area where all public services and facilities are available. 29 30 SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL TO ALLOW 31 A 5,600 SQUARE FOOT ADDITION TO THE EXISTING B & B WAREHOUSE 32 LOCATED AT 923 MAZZO NI STREET, APN 002-040-37 33 FILE NO: 13-10-SDP-PC 34 35 1. Approval is granted for the 5,600 square foot addition to the existing warehouse located at 923 36 Mazzoni Street as shown on the plans submitted to the Planning Department and date stamped 37 April 03, 2013 and May 15, 2013 except as modified by the following conditions of approval. 38 39 2. On plans submitted for building permit these conditions of approval shall be included as notes on 40 the first sheet. 41 42 3. In order to comply with zoning ordinance, building, and fire code requirements related to the 43 location of the proposed addition and the north side property line, the Project is subject to the 44 following conditions: 45 46 A. Plans submitted for building permit shall include a site plan drawn to scale that includes the 47 location of the existing building, proposed addition, all of the information required to be 48 provided on building permit site plans, and the proposed relocation of the parcel line shared 49 with APN 002-040-17. The relocated property line and location of the addition in relationship 50 to the property line shall demonstrate compliance with zoning ordinance, building and fire 51 code requirements. 52 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 9 B. Application for and approval of a lot line adjustment (LLA) is required. The plans submitted 1 for the LLA shall be consistent with the site plan required in condition # 3A above and 2 consistent with zoning, building and fire code requirements. 3 C. Prior to issuance of a building permit, the approved LLA shall be recorded a nd documentation 4 of the recorded LLA provided to the Planning Department. 5 6 4. Plans submitted for building permit shall include the following and are subject to staff review and 7 approval: 8 9 A. Elevations of the building that include the proposed finished grade and height of the 10 building. The height of the addition shall match the height of the existing warehouse building 11 and shall comply with the height requirement of the Manufacturing zoning district. 12 13 From the Building Official (David Willoughby) 14 15 5. Application for and approval of a lot line adjustment (LLA) is required. The plans submitted for 16 the LLA shall be consistent with the site plan required in condition # 3A above and consistent with 17 zoning, building and fire code requirements. 18 19 From the Fire Marshal (Chuck Yates) 20 21 6. Due to the type of building proposed (steel) and the contents to be stored in the building (steel) 22 the requirement for sprinklers shall be waived. If, in the future, the occupancy or the 23 contents located in the structure change, the current requirement for sprinklers, alarms, exiting, 24 exit lighting and all current requirements, will be immediately enforced according to the code. 25 26 7. Portable fire extinguishers shall be required according to the code and the occupancy ha1. Due 27 to the type of building proposed (steel) and the contents to be stored in the building (steel) the 28 requirement for sprinklers shall be waived. If, in the future, the occupancy or the contents located 29 in the structure change, the current requirement for sprinklers, alarms, exiting, exit lighting and all 30 current requirements, will be immediately enforced according to the code. 31 32 8. Portable fire extinguishers shall be required according to the code and the occupancy hazards 33 (Title 19). 34 35 9. Where a portion of the facility or building hereafter constructed or moved into or within the 36 jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by 37 an approved route around the exterior of the facility or building, on-site hydrants and mains 38 shall be provided where required by the fire code official. (CBC 508.5.1) 39 40 10. In locations where flammable vapors could be present, precautions shall be taken to prevent 41 ignition by eliminating or controlling sources of ignition. Open flames and high-temperature 42 devices shall not be used in a manner which creates a hazardous condition. Heating equipment 43 shall be of a type approved for hazardous locations (CFC 3403.5) (Title 19). 44 45 11. Where a portion of the facility or building hereafter constructed or moved into or within the 46 jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by 47 an approved route around the exterior of the facility or building, on-site hydrants and mains shall 48 be provided where required by the fire code official. (CBC 508.5.1) 49 50 12. In locations where flammable vapors could be present, precautions shall be taken to prevent 51 ignition by eliminating or controlling sources of ignition. Open flame s and high-temperature 52 devices shall not be used in a manner which creates a hazardous condition. Heating equipment 53 shall be of a type approved for hazardous locations (CFC 3403.5) 54 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 10 From the Department of Public Works (Ben Kageyama ) 1 2 13. Application for and approval of a lot line adjustment (LLA) is required. The plans submitted for 3 the LLA shall be consistent with the site plan required in condition # 3A above and consistent with 4 zoning, building and fire code requirements. 5 6 14. All areas of circulation shall be paved with a minimum of 2” of AC on 6” of Base, concrete, or 7 other suitable all-weather surface approved by the City Engineer. This includes the proposed 8 driveways and parking areas. If heavy truck traffic is anticipated from the sol id waste company, 9 delivery trucks, or other heavy vehicles, the pavement section should be calculated appropriately 10 to ensure that it can withstand the loading. 11 12 15. If the building permit value of work exceeds $101,180, or the proposed improvements create the 13 net addition of two or more plumbing fixtures units to the building, the existing sanitary sewer 14 lateral shall be tested in accordance with City of Ukiah Ordinance No. 1105, and repaired or 15 replaced if required. 16 17 16. If the building permit value is equal to or greater than one-third of the value of the existing 18 structure, curb, gutter, sidewalk, and street trees, along the subject property street frontage, shall 19 be installed or repaired if needed, pursuant to Section 9181 of the Ukiah City Code. This may 20 include upgrades of existing sidewalk to meet current ADA standards. 21 22 17. Any work within the public right-of-way shall be performed by a licensed and properly insured 23 contractor. The contractor shall obtain an encroachment permit for work within this area or 24 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated 25 construction costs. 26 27 Standard City Requirement 28 29 18. Construction hours are limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. 30 31 19. The property owner shall obtain and maintain any permit or approval required by law, regulation, 32 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as 33 applicable. All construction shall comply with all fire, building, electric, plumbin g, occupancy, and 34 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved 35 and issued. 36 37 20. All conditions of approval that do not contain specific completion periods shall be completed prior 38 to building permit final. 39 40 21. Building, Grading or other required Permits shall be issued within two years after the effective 41 date of the Site Development Permit, or the discretionary actions granted by the permit shall 42 expire. In the event the required Permits cannot be issued within the stipulated period from the 43 project approval date, a one year extension may be granted by the Director of Planning if no new 44 circumstances affect the project which otherwise would render the original approval inappropriate 45 or illegal. It is the applicant’s responsibility in such cases to propose the one-year extension to 46 the Planning Department prior to the two-year expiration date. 47 48 22. Except as otherwise specifically noted, the Site Development Permit shall be granted only for the 49 specific purposes stated in the action approving the Site Development Permit and shall not be 50 construed as eliminating or modifying any building, use, or zone requirements except to such 51 specific purposes. 52 53 23. The approved Site Development Permit may be revoked through the City’s revocation process if 54 the approved project related to the Site Development Permit is not being conducted in 55 MINUTES OF THE PLANNING COMMISSION May 22, 2013 Page 11 compliance with the stipulations and conditions of approval; or if the project is not established 1 within two years of the effective date of approval; or if the established land use for which the 2 permit was granted has ceased or has been suspended for twenty four (24) consecutive months. 3 4 24. No permit or entitlement shall be deemed effective unless and until all fees and charges 5 applicable to this application and these conditions of approval have been paid in full. 6 7 25. This approval is contingent upon agreement of the applicant and property owner and their agents, 8 successors and heirs to defend, indemnify, release and hold harmless the City, its agents, 9 officers, attorneys, employees, boards and commissions from any claim, action or proceeding 10 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set 11 aside, void or annul the approval of this application. This indemnification shall include, but not be 12 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted 13 by any person or entity, including the applicant, arising out of or in connection with the City's 14 action on this application, whether or not there is concurrent passive or active negligence on the 15 part of the City. If, for any reason any portion of this indemnification agreement is held to be void 16 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall 17 remain in full force and effect. 18 19 10. PLANNING DIRECTOR’S REPORT 20  There will be no regular June 12 Planning Commission meeting. 21  Tentatively discussed Planning Commission dates for Costco project. 22 23 11. PLANNING COMMISSIONERS’ REPORT 24 Commissioner Sanders inquired about the status of the project condition that required a basketball hoop 25 and net for the RCHDC Orchard Manor project. 26 27 Chair Pruden: Has already advised staff that RCHDC is not in compliance with the aforementioned 28 condition and noted a letter to this effect has been sent by Planning staff. 29 30 Commissioner Sanders: Asked about the status of the former Post Office on Oak Street. 31 32 Staff will inquire in this regard report back. 33 34 Commissioner Sanders: Has observed that McDonald’s at Perkins and Orchard Streets is using the 35 existing tree wells for advertisement purposes and it is her understanding this is likely a prohibited 36 activity. Does not support this type of signage for a primary City gateway. 37 38 Commissioner Sanders: Asked if the LED reader board sign at the church located on Orchard Avenue 39 is legal. 40 41 Staff: Sign Ordinance prohibits flashing signs. For this reason, the message on the sign cannot change 42 more often than every 8 seconds. This was included as a condition on the sign permit. 43 44 Commissioner Whetzel: Airport Day is June 1. 45 46 Chair Pruden: The landscaping at the Post Office Annex is in very poor condition and is an eye sore. 47 48 12. ADJOURNMENT 49 There being no further business, the meeting adjourned at 6:42 p.m. 50 51 52 Cathy Elawadly, Recording Secretary 53 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 1 ITEM NO. 9A 1 2 Community Development and Planning Department 300 Seminary Avenue Ukiah, CA 95482 planning@cityofukiah.com (707)463-6203 3 DATE: July 24, 2013 4 5 TO: Planning Commission 6 7 FROM: Kim Jordan, Senior Planner 8 9 SUBJECT: Request for Approval of Major Exceptions and a Major Site Development Permit 10 to allow exterior modifications 11 199 South School Street, APN 002-226-07 12 File No. 13-16-EXC-SDP-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 Kevin Brogan requesting Planning Commission approval 24 of Major Exceptions and a Major Use Permit to allow exterior modifications to the building 25 located at 199 South School Street, APN 002-226-07, in the boundaries of the Downtown 26 Zoning Code (see attachment 5, Project Description and Plans). The modifications would allow 27 the building to be divided into two separate tenant spaces by creating a new entry on Church 28 Street (see floor plan). 29 30 The existing building is comprised of the original building constructed in 1905 and enlarged in 31 1929 located on the corner of School Street and Church Street. A two-story addition to the 32 original building was constructed to the east of this building in 1947. In the 1990s, the interior of 33 the original building was remodeled to create two stories within the existing building volume to 34 accommodate County offices. The original building includes six windows on the Church Street 35 elevation. The Project proposes modifications to the original building as described below: 36 37  Modifications to the original window design, including new design for the stucco lintel 38 above the windows, installation of separate lower and upper floor windows, and new 39 stucco sill; 40  Modifications to the existing windows openings to include separate first floor and second 41 floor windows, including lowering window height for the first floor (window currently starts 42 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 2 5-feet above sidewalk level), increasing the height of the second floor windows, removal 1 of the spandrel glass and infilling of this area with stucco; 2  Removal of one of the six window openings and relocation of one of the window 3 openings to recreate the symmetry of the original fenestration; 4  Installation of a new entry door with sidelights and awning on Church Street; 5  Removal of the large shrub/small tree in order to provide access to the new entry on 6 Church Street; and 7  Identification of the required location for tenant signage on Church Street (building 8 mounted and hanging “pedestrian” sign). 9 10 The Project proposes modifications to the 1947 two-story addition as described below: 11 12  Replacement of the existing entry door on School Street with a new aluminum clad 13 commercial door to match the new entry door; 14  Modification to the existing curved entry on Church Street to a new lintel consistent with 15 the lintel design on the School Street elevation in order to unify the design element for 16 entry doors on School Street and Church Street, 17  New windows to the east of the existing Church Street entry consistent with the design 18 of the windows openings on the original building; and 19  Identification of the required location for tenant signage (building mounted sign). 20 21 BACKGROUND 22 23 Historic Inventory: The subject building was on the 1985 Historical and Architectural Inventory 24 (see attachment 3). On this inventory, the building was given a rating of “5” defined as ineligible 25 but still of local interest. However in the 1999 Historical and Architectural Inventory update, the 26 historic rating was downgraded to 6Z1 defined in the 1999 update as property found ineligible 27 with no potential for any listing. The downgraded rating was the result of the building being 28 significantly remodeled since the 1985 survey. As a result of these modifications, the building no 29 longer retains its integrity of design, materials, workmanship, feeling and association (see 30 attachment 4). 31 32 Building Modifications: 33 34 Downtown Zoning Code: In October 2012, the City Council adopted the Downtown Zoning 35 Code (DZC). The DZC includes standards applicable to buildings 50 years or older or listed on 36 the City’s Historic and Architectural Inventory. The purpose of the standards was to: 37 38  allow the reuse of these buildings while requiring modifications consistent with the 39 historic character of the building; 40  encourage modifications to existing buildings that had undergone historically 41 inappropriate/inaccurate modifications in the past to be returned to a historically 42 appropriate architectural design; 43  create an aesthetically pleasing downtown environment comprised of historical buildings 44 with an architectural design and quality that would be an attraction for the community 45 and visitors; and 46  streamline environmental review for Projects consistent with the requirements. 47 48 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 3 Projects consistent with the standards included in section 9227 are also consistent with CEQA 1 requirements for the treatment of historic buildings, allowing the project to be exempted from 2 environmental review related to potential impacts to historic resources. 3 4 Design Review Board. As required by the Ukiah City Code, the Project was reviewed by the 5 Design Review Board on July 11, 2013. Since Planning Commission’s review of the Project is 6 so close to DRB’s review of the Project, staff has not had an opportunity to prepare the DRB 7 minutes. Therefore, the following summary is provided below. 8 9 The Design Review Board voted unanimously (4-0) to recommend that Planning Commission 10 approval of the Project. The DRB had the following comments, recommendations and 11 conditions of approval for the Project: 12 13  Project would be a good addition to Church Street. 14  Project would create a more pedestrian-oriented façade. 15  As designed, the size of the upper windows compared with the bottom windows, makes 16 the building look top-heavy. Recommend modifying the size of the window openings to 17 be weighted to the lower floor. This could be done by increasing the size of the window 18 openings on the lower floor, decreasing the size of the openings on the upper floor, 19 and/or modifying the weight of the lentils/sills. 20  Recommend stucco over precast stone for the sill rather than stucco over foam which 21 looks “cheap/tacky” (used downtown Windsor as an example). 22  Consider providing a stucco reveal between the windows in the location of the proposed 23 signage. Unclear from the plans if this is what is proposed here. 24  Okay with the awning design, color, and material. 25  The project would result in the removal tree/shrub in order to install the new entry. Okay 26 with the removal of the tree/shrub. 27  Recommend planting street trees on Church Street which could help with energy 28 conservation. If this is not required of the Project, consider a partnership whereby Releaf 29 may be able to provide the trees which would be installed and maintained by the 30 applicant. 31  Construction of the Project will result in damage/removal of much of the existing 32 landscaping. A condition of approval needs to be applied to the Project requiring the 33 replacement of damaged/removed landscaping. Staff has included this as draft 34 condition of approval #7. 35  Windows on the ground floor should be required to have clear glazing, especially if this 36 is to be a retail space. The upper floor could have tinted glazing. Clear glazing of the 37 ground floor windows is required in the DZC and this has been included as draft 38 condition of approval #6. 39 40 The applicant has provided a response and revised plans to address the DRB 41 recommendations an (see attachment 5). 42 43 STAFF ANALYSIS 44 45 Approvals Required: Based on the Project Description and Project Plans, the following 46 approvals are required for the Project: 47 48 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 4  Major Exceptions: Project includes modifications to the existing window openings and 1 trim, and door on Church Street and the installation of a new entry door on Church 2 Street on a building that is more than 50 years old and on the City’s Historic and 3 Architectural Inventory. 4 5  Major Site Development Permit (Tier 3): Project requires Planning Commission 6 approval of Major Exceptions. 7 8  Minor Site Development Permit (Tier 2): Project includes less than 1,000 square feet 9 of modifications to a building on the City’s Historic and Architectural Inventory and more 10 than 50 years old. Since the Project requires Planning Commission approval of Major 11 Exceptions and a Major Site Development Permit, the entire Project is reviewed by the 12 Planning Commission. 13 14 Since the highest level of Site Development Permit (SDP) is a Major SDP which requires 15 Planning Commission approval, the Minor and Major SDPs are considered as one application 16 reviewed by Planning Commission along with the Major Exceptions. 17 18 General Plan. The General Plan land use designation of the parcel is Commercial (C). This 19 land use designation identifies lands where commerce and business may occur. Specific Uses 20 are precisely defined through the uses allowed in the individual zoning districts (see Zoning 21 below). 22 23 Table 1: General Plan Analysis General Plan Goal, Policy Implementation Staff Analysis Community Design Goal CD-9: Improve and enhance the appearance of Downtown Ukiah. Implementation Measure CD-9.1(c): Ensure that new and rebuilt downtown properties maintain the character and sense of place for the downtown area. Policy CD-9.3: Ensure Downtown design that will enhance the character of the area. Implementation Measure CD-9.3(a): Require signage, lighting, awning and outdoor furniture in the Downtown to be of a design which will reflect and enhance the character of the area. The Project would modify the exterior of an existing vacant commercial building in order to create two tenant spaces on the ground floor of a size more leasable to the type of business attracted to a downtown location. The proposed modifications to the building include the installation of a new entry door on Church Street as well as modifications to the windows to make them usable for a retail tenant by lowering the current 5-foot height of the lower portion of the window to a height consistent with a pedestrian orientation. The size of the upper windows would be modified to allow them to be of a size more usable for office tenants. The Project was reviewed by the DRB. The DRB recommended approval of the Project and determined the Project would enhance this section of Church Street and would create a more pedestrian oriented façade. Economic Development Goal ED-1: Support a strong local economy. The Project would support a strong local economy by creating new tenant spaces of a more leasable size, creating a new shopfront on Church Street, making the Church Street elevation more pedestrian friendly, and upgrading the exterior of the building. The Project would provide an opportunity for new entry level 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 5 businesses to locate in the core of downtown which would provide new employment opportunities, sales tax revenue and business license revenue. 1 Ukiah Municipal Airport Master Plan. The parcel is located in zone C (Common Traffic 2 Pattern) of the Ukiah Municipal Airport Master Plan. The applicant compatibility criteria are 3 included in Table 2 below along with staff analysis. 4 5 Table 2: Ukiah Municipal Airport Compatibility Criteria Analysis Airport Compatibility Criteria Staff Analysis Normally Acceptable Uses: intensive retail, two-story motels, low intensity office The building is currently vacant. The normally allowed uses are consistent with the uses of the building anticipated by the property owner. Any future use(s) would be required to comply with the zoning ordinance requirements for uses and the airport compatibility criteria allowed uses. Maximum Density: 150 people per acre Based on the size of the parcel (4,780 sf), 15 people would be allowed at any one time. The building is currently vacant. The density requirement is applied to the entire C zone and developed parcels are allowed to continue uses with densities similar to past densities of the building. The office and retail uses anticipated for this building and allowed by the zoning are consistent with this requirement. Open Land: 15% Recommended Intended to be applied with respect to the entire zone. The lot coverage is almost 100% since only a small portion of the Church Street side of the parcel is landscaping and there is no onsite parking. The site was developed prior to the adoption of the Ukiah Municipal Airport Compatibility Criteria. Including ½ street width with the parcel size would comply with this recommendation and the Project would not modify or increase the existing amount of open land on the parcel or in the C zone. 6 7 Zoning. The subject property is located within the boundaries of the Downtown Zoning Code 8 and zoned Downtown Core (DC). The DC zoning district encompasses six blocks in the heart of 9 the downtown and allows the highest density and intensity of development. Table 3 below 10 includes the applicable zoning requirements for the Project along with staff analysis. 11 12 Table 3: Downtown Zoning Code Analysis Downtown Zoning Code Requirement Staff Analysis Historical Building Standards Improvement – Rehabilitation, Restoration, Preservation, Reconstruction: Reflect a period of the building’s development consistent with its historical, cultural, or architectural importance or interest. The Project would rehabilitate and reuse the building. In order to provide smaller tenant spaces, which are more leasable and in demand in the downtown, the Project includes the installation of a new entry door on Church Street. Based on the information provided by the applicant, the building has had more than one primary entry on Church Street (see attachment 5). Over time, 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 6 the location and number of entries for this building have been modified. The Project would result in two primary entries on Church Street and would retain the existing entries on School Street. The Project would remove the lentil design over the windows in order to install separate lower and upper floor windows. A smaller, simpler lentil would be installed. The modifications would result in usable lower and upper level windows in that the lower level windows would be lowered to a more pedestrian-friendly height (the windows are currently 5-feet above sidewalk level). The modified window openings would reestablish the symmetry of the fenestration of the original building. As noted above, due to significant modifications to the building in the past, the building is no longer historically significant. The Project would modify the building in order to allow modern reuse and create realistic sized tenant spaces, would restore the original symmetry of the windows, create two primary entries on Church Street which have existed in the past, and would modify the design of the lentils above the windows in order to allow the window heights to be modified to create usable upper and lower floor windows. Based on the above, the Project is consistent with this requirement. Window Openings: elimination and addition: Prohibited on facades and highly visible elevations. Original Openings: Maintain and repair original openings, trim, and shutters. The Project would modify the size of the window openings on the Church Street building façade, remove one window opening, modify one window opening to create the new entry on Church Street, add a new window opening on the two-story addition. Since these modifications are not in compliance with the requirements for window openings, application for and approval of Major Exceptions (Planning Commission) is required. The applicant has applied for approval of the required Exception to these standards. Door Openings: Openings and trim on facades shall be maintained in their unaltered condition. Original Door Openings - Restore: Relocated, replaced, or modified doors consistent with the original doors may be approved with documentation of the original. Doors – Modification of Original: Elimination, addition, or modification of the original size, location, and shape of façade door openings is prohibited. The building has had more than one entry on Church Street (see attachment 5). The existing entry on Church Street would be retained, the door for this entry would be changed to an aluminum clad door that matches the new door proposed for the new Church Street entry. The location proposed for the new entry is not the same as the entry shown in the photos provided by the applicant. The new entry would replace existing windows which allows the building to retain the existing symmetry of the fenestration. Since the Project would create a new entry in a location where an entry has not existed in the past, the applicant has applied for Planning Commission approval of a Major Exception. Awnings & Canopies – Location: The location shall not cover important architectural features. Awnings would be installed over the new entry and existing entry on Church Street. The awnings over the existing entry will not cover the lintel over the door. The awning for the new entry is located between the new entry door and the second floor window. Since this entry is new, no important existing feature would be covered by the awning. 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 7 Awnings & Canopies – Storefront: The configuration and proportions shall be compatible with the design of the storefront and shall not overpower the building. In the case of the existing entry, the awning covers the door. In the case of the new entry, the awning extends above the new door and sidelights. This location and proportion is consistent with this requirement. Awnings & Canopies – Materials: Material are required to be consistent with materials used for the era of the building, typical materials include cloth, metal, and wood. The proposed material is cloth which is consistent with this requirement. Trim and Ornamentation-New trim and decorative elements: Shall not cover original details. Trim and Ornamentation-original cornice, trim and decorative elements. On front and side facades, restore and repair in kind. When replacement is necessary, replicate using in-kind materials. The Project includes the removal of the existing lintel and window trim in order to install separate lower and upper floor windows. No modifications to the School Street façade are proposed as part of this application; therefore, the lintel detail would remain on this elevation. In order to unify the School Street and Church Street elevations, the Project includes the removal of the curved design element over the existing Church Street entry and the replacement of this detail with the lintel design. The Project would modify trim details, but would not cover existing trim details. Since the Project would remove trim/decorative elements, the applicant has applied for Planning Commission approval of a Major Exception. Parking Downtown Parking District: Projects located in the Downtown Parking District that do not add square footage or residential units are exempt from the requirement to provide parking. The site is developed entirely with the building except for a small strip of landscaping located along the Church Street building elevation. There is no opportunity to provide vehicle parking on the site and none is required. Although no bike parking is required for this Project, there does appear to be an opportunity to install a bike rack on the site and it is highly likely that people would travel by bicycle to this location. Staff recommends Planning Commission consider a potential location for bike parking when reviewing this application and the plans. Should the Planning Commission choose to have bike parking installed as part of this Project, this could be included as a condition of approval. Signs Signs: Signs default to the Sign Ordinance requirements. The DRB has begun the development of design guidelines for the DZC which include guidelines for signs. As required for Site Development Permits, the applicant has identified the proposed located for signage. The location and size is consistent with the Sign Ordinance. The sign location was reviewed by the DRB. The DRB recommended approval of the location, size area representation, and types of signs included for the Project. 1 Exception. The Downtown Zoning Code allows certain requirements of the Code to be modified 2 through the Exception process. The code identifies the process for the modification as Minor or 3 Major. Minor Exceptions are reviewed by the Zoning Administrator. Major Exceptions are 4 reviewed by the Planning Commission. The Code also includes findings for approval of an 5 Exception. The findings required for approval of an Exception along with staff analysis is 6 included in the table below. 7 8 9 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 8 Table 4: Exception Analysis Findings Staff Analysis The request is consistent with the intent of this Code and the Ukiah General Plan. The Project is consistent with the General Plan as described above. The Project is consistent with the Purpose of the Code based on the following: The Project encourages a walkable community by creating a more pedestrian-oriented including the use of clear glazing for ground floor windows, pedestrian oriented store front, awnings, and breaking long building facades into smaller shopfronts. The Project is consistent with the vision to create pedestrian-friendly building through the pedestrian- oriented building modifications described above. The Project preserves and enhances the Downtown by creating smaller, more leasable tenant spaces, modifying the building to create a more pedestrian- oriented design, and reusing and enhancing a vacant downtown building. The Project encourages sustainability by reusing an improving an existing commercial building. The project is compatible with the neighborhood and design intent of this Code. The Project is consistent with the design intent of the building by creating a more pedestrian oriented façade, breaking a long building façade into smaller shopfronts, using clear glazing for the ground floor windows, and installing awnings over the entries. The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties, and one another. N/A The Project involves exterior modifications to an existing building located on a corner. No connections, transitions, or relationships between buildings, the street or adjacent properties would be affected. The project provides adequate and appropriate pedestrian facilities and connections. The Project involves exterior modifications to an existing building. The Project would not alter existing pedestrian facilities or connections. The Project would result in a more pedestrian oriented building by breaking the long building façade into smaller storefronts (new entry door with sidelights and awning), installing pedestrian oriented windows with clear glazing, and pedestrian scaled and oriented signage. The project would not impair the desirability of investment, employment, or residence in the neighborhood. The Project would upgrade the exterior of the building as previously described. The Project has been reviewed by the DRB which recommended approval of the Project. The Project would modify window openings and location and recreate the original symmetry of the building. The Project would also enhance the existing entry on Church Street by removing the curved entry feature and installing an entry door consistent with the door proposed for the new entry on Church Street. The improvements would allow a large single tenant 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 9 space to be divided into two more leasable tenant spaces. The project would also create a new entry on Church Street with sidelights and awning. This entry is more pedestrian friendly than the existing condition. The project is not detrimental to the public’s health, safety or welfare. See Health Safety and Welfare below in Table 5: Site Development Permit. Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources, providing enhanced pedestrian facilities, or enhanced outdoor areas. Note: This finding is primarily required for Projects requesting approval of Exceptions from Circulation related requirements. The site is developed with an existing building. The Project would not modify the location or footprint of the building. The The Project improves pedestrian facilities by creating: 1) two tenant spaces consistent with DZC requirements related to pedestrian orientation, including pedestrian oriented facade, vertical windows and clear glazing; 2) a new tenant space with new ADA door and sidelights on Church Street consistent with the DZC requirement to provide smaller shopfronts; and 3) breaking up a long building façade into two smaller tenant spaces. A draft condition of approval has been applied to the Project that any damage or removed landscaping, except the tree/shrub, be replaced and requiring clear ground floor glazing. 1 Site Development Permit. The Downtown Zoning Code revised the findings required for 2 approval of a Site Development Permit for projects within the boundaries of the Downtown 3 Zoning Code (see attachment 4). The DZC also includes criteria to be considered when 4 reviewing a Site Development Permit (see attachment 4). As noted above, when two or more 5 Major Exceptions are required for a project, the DZC requires approval of a Major Site 6 Development. The findings required for approval of a Site Development Permit along with staff 7 analysis is included in Table 5 below. 8 9 Table 5: Site Development Permit Analysis The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this Code. The Project is consistent with the General Plan as described above. The Project is consistent with the Ukiah City Code and DZC as described above. The applicant has applied for the required Exceptions to DZC requirements as discussed above. Design. The design of the proposed project is consistent with the Architectural Standards of this Code and compatible with the character of the neighborhood; will maintain the community’s character, provide for harmonious and orderly development, and create a desirable environment for the occupants, neighbors, and visiting public; includes the appropriate use of materials, texture, and color, which will remain aesthetically appealing and appropriately maintained; and the location and orientation of windows, doorways, and outdoor use areas reduce the potential for heat, glare, noise, or other disturbance from on or off-site sources. The The Project would modify window openings to create separate upper and lower floor windows with a fenestration similar to the fenestration of the original building. The space between the upper and lower windows would be in-filled with stucco to match the exterior of the existing building. The new entry door with sidelights would replace one of the window openings, maintaining the symmetry of the building openings. The Project includes awnings Replacement of any landscaping removed or damaged during construction of the Project has been included as a condition of approval. 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 10 neighborhood compatibility part of this finding does not apply if it would render the project inconsistent with the architectural requirements of the zoning district in which the project is located. In order to make the space attractive to a retail tenant, the new entry storefront includes sidelights. The entry and sidelights maintain the original symmetry of window placement and incorporate an awning over the entry to help identify and define the tenant space. This helps breakup the long building façade into smaller shopfronts. The smaller shopfront, use of the awnings, and design of the storefront is consistent with many downtown shopfronts and results in an enhanced design aesthetic, makes the building pleasant for users by providing view and natural light, and creates a pedestrian-oriented façade in the heart of the downtown. Siting. The siting of the structure(s) on the parcel is compatible with the siting of other structures in the immediate neighborhood. This finding does not apply if the resulting setbacks are inconsistent with the requirements of the zoning district in which the pa rcel is located. NA The Project involves exterior modifications to an existing building. The building is located close to the frontage lines as required by the DZC and the location is consistent with most other buildings in the DC zoning district and DZC boundaries. Ingress, Egress, Circulation, Parking. The project provides adequate ingress, egress, parking for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery vehicles designed to promote safety and convenience and to conform to City standards and will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. Low Impact Development (LID) design has been incorporated into the project where feasible. NA The Project involves exterior modifications to an existing building. The site is developed with the building and a small section of landscaping along the Church Street elevation. The site does not include circulation, access or facilities for vehicles. Landscaping. The landscaping for the project provides opportunities for shading west and south facing windows and outdoor use areas, utilizes native and drought tolerant species, is in keeping with the character and design of the project, and consistent with requirements of this Code and City standards. The Project involves exterior modifications to an existing building. A small section of landscaping with a small tree/large shrub would be removed to accommodate the new entry door on Church Street; however, most of the existing landscaping along the Church Street elevation would remain. Since the existing landscaping is likely to be damaged during construction of the Project, the DRB recommended that a condition be applied to the Project requiring any landscaping damaged or removed for Project construction to be replaced. Staff has included this as a draft condition. Resource Protection. The proposed project will not excessively damage or destroy resources or natural features, including cultural and historic resources, trees, shrubs, creeks, and the natural grade of the site. The Project involves exterior modifications to an existing building. One large shrub/small tree would be removed to install the entry. This tree/shrub is not on the DZC Protected Tree List and the removal was reviewed by the DRB. Loss of this shrub/tree was not considered to be the loss of a resource. As described above, the building does not have the potential to be a historic or cultural resource due to the significant modifications that have occurred to the 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 11 building. The Project site does not include any water bodies, the grade of the site would not be changed, and any existing landscaping damaged or removed in order to construct the Project is required to the replaced. Based on the above, the Project is consistent with this finding. Health, Safety, Welfare. The proposed project would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the immediate vicinity; and will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area. The Project would upgrade an existing commercial building by removing modifications to the building that are not consistent with the Downtown Zoning Code in that they are not pedestrian oriented. The Project would create two tenant spaces of a size that are more marketable to the types of small businesses that typically prefer to locate downtown. The proposed exterior modifications would upgrade an existing commercial building, allow for two smaller more leasable tenant spaces and create a more pedestrian oriented street frontage by providing vertically oriented, clear glazed windows at a level visible to pedestrians. The Project has been reviewed by the Building Official, Public Works, Police Department and Fire Department. All recommended conditions of approval have been applied to the Project (see attachment 2). The Project is required to comply with all applicable local, state and federal requirements. Based on the above, the Project would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the immediate vicinity and would not cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area. 1 2 ENVIRONMENTAL REVIEW 3 4 The proposed project is exempt from the provisions of the California Environmental Quality Act 5 (CEQA) pursuant to Section 15301, Class 1, which allows exterior modifications to existing 6 structures based on the following: 7 8  The 1985 Historic and Architectural Inventory rated the building 5, ineligible but still of 9 local interest. The 1999 Historic and Architectural Inventory rated the building 6Z1, 10 found ineligible with no potential for any listing, due to the extensive modifications that 11 had been done to the building. Therefore, the Project would have no effect on a historic 12 resource or on a resource that has the potential to be historic. 13  The location of the Project is not environmentally sensitive; there are no drainage 14 courses or bodies of water (such as creeks or streams) on the site. 15 199 South School Street Exterior Building Modifications Major Exceptions and Site Development Permit 199 South School Street/APN 002-226-07 12  The site is developed with an existing building and a small amount of landscaping. 1 Utilities and services already are available at the site. No expansion of the existing 2 building would occur as part of the Project. 3 4 PUBLIC NOTICE 5 6 A notice of public hearing was provided in the following manner: 7 8  posted in three (3) places on the Project site on July 10, 2013; 9  mailed to property owners within 300 feet of the project site on July 10, 2013; and 10  published in the Ukiah Daily Journal on July 14, 2013. 11 12 As of the writing of this staff report, no correspondence has been received in response to the 13 notice. 14 15 DECISION TIMELINE 16 17 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The 18 PSA requires that a decision be made on the project within 60 days of the application being 19 deemed complete. This application was submitted to the Community Development and 20 Planning Department on July 5, 2013 and was deemed complete on July 10, 2013. As such, a 21 decision must be made on the project no later than September 8, 2013. The applicant may 22 request a onetime extension of the decision timeline. The next regularly scheduled Planning 23 Commission meeting is August 14, 2013. 24 25 26 Attachments 27 28 1. Draft Use Permit Findings 29 2. Draft Exception and Major Site Development Permit Conditions of Approval 30 3. 1985 and 1999 Historic and Architectural Inventory Sheets 31 4. Downtown Zoning Code Excerpts 32 5. Project Description date stamped July 5 and July 16, 2013 and Plans date stamped July 33 16, 2013 34 35 36 37 38 39 Draft Findings 199 South School Street Exterior Modifications Major Exceptions and Major Site Development Permit 1 ATTACHMENT 1 1 2 Draft Findings for Approval of Major Exceptions and Site Development Permit 3 199 South School Street, APN 002-226-07 4 File No.: 13-16-EXC-SDP-PC 5 6 7 1. The Project, as conditioned, is consistent with the General Plan as described in 8 the staff report, including Table 1. 9 10 2. The Project, as conditioned, is consistent with the requirements for zone C 11 (Common Traffic Patten) of Ukiah Municipal Airport Master Plan as described 12 below: 13 14 A. The building is currently vacant. Retail and office uses are Normally 15 Acceptable Uses in the C zone and are the uses of the building anticipated by 16 the property owner. Any future use(s) would be required to comply with the 17 zoning ordinance requirements for uses and the airport compatibility criteria 18 allowed uses. 19 20 B. Based on the size of the parcel (4,780 sf), 15 people would be allowed at any 21 one time. The building is currently vacant. The density requirement is 22 applied to the entire C zone and developed parcels are allowed to continue 23 with uses similar to past uses of the building. Future uses of the building are 24 required to be consistent with past uses and densities of the building. The 25 office and retail uses anticipated for this building and allowed by the zoning 26 are consistent with this requirement. 27 28 C. The lot coverage is almost 100% since only a small portion of the Church 29 Street side of the parcel is landscaping and there is no onsite parking. The 30 site was developed prior to the adoption of the Ukiah Municipal Airport 31 Compatibility Criteria. Including ½ street width with the parcel size would 32 comply with this recommendation and the Project would not modify or 33 increase the existing amount of open land on the parcel or in the C zone. 34 35 3. The Project, as conditioned, is consistent with the applicable requirements of the 36 Ukiah City Code, as described in Table 3 of the staff report. Where the Project is 37 not consistent with the Downtown Zoning Code, the required Exceptions to the 38 standard has been applied for and approved (see Exception findings below). 39 40 4. The Project is consistent with the findings required for approval of Exceptions 41 from the requirements of the Downtown Zoning Code as described in Table 4 of 42 the staff report and below. 43 44 5. The Project is consistent with findings required for approval of a Major Site 45 Development Permit as described in Table 5 of the staff report and below: 46 47 Draft Findings 199 South School Street Exterior Modifications Major Exceptions and Major Site Development Permit 2 A. Design. The Project would modify window openings to create separate upper 1 and lower floor windows with a fenestration similar to the fenestration of the 2 original building. The space between the upper and lower windows would be in-3 filled with stucco to match the exterior of the existing building. The new entry 4 door with sidelights would replace one of the window openings, maintaining the 5 symmetry of the building openings. In order to make the space attractive to a 6 retail tenant and to enhance the pedestrian orientation, the new entry storefront 7 includes sidelights and an awning. The entry and sidelights maintain the original 8 symmetry of window placement and incorporate an awning over the entry to help 9 identify and define the tenant space. This helps breakup the long building façade 10 into smaller shopfronts. The smaller shopfront, use of the awnings, and design 11 of the storefront is consistent with many downtown shopfronts and results in an 12 enhanced design aesthetic, makes the building pleasant for users by providing 13 view and natural light, and creates a pedestrian-oriented façade in the heart of 14 the downtown. 15 16 B. Landscaping. A small section of landscaping with a small tree/large shrub 17 would be removed to accommodate the new entry door on Church Street; 18 however, most of the existing landscaping along the Church Street elevation 19 would remain. Since the existing landscaping is likely to be damaged during 20 construction of the Project, the DRB recommended that a condition be applied to 21 the Project requiring any landscaping damaged or removed for Project 22 construction to be replaced. Staff has included this as a draft condition. 23 24 C. Resource Protection. One large shrub/small tree would be removed to install 25 the entry. This tree/shrub is not on the CDZC Protected Tree List and the 26 removal was reviewed by the DRB. Loss of this shrub/tree was not considered to 27 be the loss of a resource. The building does not have the potential to be a 28 historic or cultural resource due to the significant modifications that have 29 occurred to the building. The Project site does not include any water bodies, the 30 grade of the site would not be changed, and any existing landscaping damaged 31 or removed in order to construct the Project is required to the replaced. 32 33 D. Health, Safety, Welfare. 34 35  The Project would upgrade an existing commercial building by removing 36 modifications to the building that are not consistent with the Downtown 37 Zoning Code in that they are not pedestrian oriented. 38 39  The Project would create two tenant spaces of a size that are more 40 marketable to the types of small businesses that typically prefer to locate 41 downtown. The proposed exterior modifications would upgrade an existing 42 commercial building, allow for two smaller more leasable tenant spaces and 43 create a more pedestrian oriented street frontage by providing vertically 44 oriented, clear glazed windows at a level visible to pedestrians. 45 46  The Project has been reviewed by the Building Official, Public Works, Police 47 Department and Fire Department. All recommended conditions of approval 48 have been applied to the Project. 49 Draft Findings 199 South School Street Exterior Modifications Major Exceptions and Major Site Development Permit 3 1  The Project is required to comply with all applicable local, state and federal 2 requirements. 3 4 5 6. The proposed project, as conditioned, is exempt from the provisions of the 6 California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, 7 which allows exterior modifications to existing structures based on the following: 8 9 A. The 1985 Historic and Architectural Inventory rated the building 5, ineligible 10 but still of local interest. The 1999 Historic and Architectural Inventory rated 11 the building 6Z1, found ineligible with no potential for any listing, due to the 12 extensive modifications that had been done to the building. Therefore, the 13 Project would have no effect on a historic resource or on a resource that has 14 the potential to be historic. 15 16 B. The location of the Project is not environmentally sensitive; there are no 17 drainage courses or bodies of water (such as creeks or streams) on the site. 18 19 C. The site is developed with an existing building and a small amount of 20 landscaping. Utilities and services already are available at the site. No 21 expansion of the existing building would occur as part of the Project. 22 23 7. A notice of the Project was provided in the following manner as required by the 24 Ukiah City Code: 25 26 A. posted in three (3) places on the Project site on July 10, 2013; 27 B. mailed to property owners within 300 feet of the project site on July 10, 2013; 28 and 29 C. published in the Ukiah Daily Journal on July 14, 2013. 30 31 32 Draft Conditions of Approval 199 South School Street Exterior Modifications Major Exceptions and Major Site Development Permit 1 ATTACHMENT 2 1 2 3 Draft Exception and Site Development Permit Conditions of Approval 4 199 South School Street, APN 002-226-07 5 File No.: 13-16-EXC-SDP-PC 6 7 1. Approval is granted for the exterior modifications to the building located at 199 South 8 School Street, APN 002-226-07, as described in the Project Description and as shown 9 on the plans submitted to the Planning and Community Development Department and 10 date stamped July 16, 2013, except as modified by the following conditions of approval. 11 12 2. Prior to issuance of a building permit, the applicant shall apply for and receive the 13 assignment of an address for the new tenant space on Church Street from the Planning 14 and Community Development Department. 15 16 3. Tenant signage for the new tenant space on Church Street shall be limited to the 17 locations shown on the approved plans submitted to the Planning and Community 18 Development Department and date stamped July 16, 2013. 19 20 4. Construction hours shall comply with the City of Ukiah Noise Ordinance. 21 22 5. Plans submitted for building permit shall be in substantial conformance with the plans 23 approved by Planning Commission and these conditions of approval and are subject to 24 staff review and approval. 25 26 From the Design Review Board 27 28 6. In order to be consistent with the requirements of the Downtown Zoning Code, the 29 glazing for the ground floor windows shall be clear. The windows on the second floor 30 may be tinted. Opaque and mirrored glazing is prohibited. 31 32 7. Prior to building permit final, any damaged or removed landscaping, except landscaping 33 removed to install the new entry on Church Street, shall be replaced in-kind. In-kind 34 replacement landscaping is subject to Planning staff inspection and acceptance prior to 35 building permit final 36 37 From the Building Official (David Willoughby) 38 39 8. Work required a building permit with plans designed by a licensed architect or engineer 40 with structural calculations addressing the vertical and horizontal loads. 41 42 From the Public Works Department (Ben Kageyama) 43 44 9. All work within the public right-of-way shall be performed by a licensed and properly 45 insured contractor. The contractor shall obtain an encroachment permit for work within 46 this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% 47 of estimated construction costs. 48 Draft Conditions of Approval 199 South School Street Exterior Modifications Major Exceptions and Major Site Development Permit 2 10. If the building permit value of work exceeds $110,519 or the proposed improvements 1 create the net addition of two or more plumbing fixture units to the building, the existing 2 sanitary sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 3 1105, and repaired or replaced if required. 4 11. If the building permit value is equal to or greater than one-third of the value of the 5 existing structure, the construction, repair or upgrade of curb, gutter, and sidewalk, and 6 addition of street trees, along the subject property street frontages, may be required, 7 pursuant to Section 9181 of the Ukiah City Code. 8 9 From the Fire Department (Kevin Jennings, Division Chief/Prevention Officer) 10 11 12. Depending on the use of the tenant spaces generated by the Project, additional exits 12 may be required. Two exits shall be provided from buildings when the building has more 13 than one story above grade plane, when the number of occupants per floor exceeds 49, 14 or when the travel distance of the building exceeds 75 feet. CFC Section 1021.1-1021.2 15 16 Standard Requirements 17 18 13. Business operations shall not commence until all permits required for the approved use, 19 including but not limited to business license, tenant improvement building permit, have 20 been applied for and issued/finaled. 21 22 14. No permit or entitlement shall be deemed effective unless and until all fees and 23 chargesapplicable to this application and these conditions of approval have been paid in 24 full. 25 26 15. The property owner shall obtain and maintain any permit or approval required by law, 27 regulation, specification or ordinance of the City of Ukiah and other Local, State, or 28 Federal agencies as applicable. All construction shall comply with all fire, building, 29 electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect 30 at the time the Building Permit is approved and issued. 31 32 16. A copy of all conditions of this Use Permit shall be provided to and be binding upon 33 any future purchaser, tenant, or other party of interest. 34 35 17. All conditions of approval that do not contain specific completion periods shall be 36 completed prior to building permit final. 37 38 18. This Permit may be revoked through the City’s revocation process if the approved 39 project related to this Permit is not being conducted in compliance with these stipulations 40 and conditions of approval; or if the project is not established within two years of the 41 effective date of this approval; or if the established use for which the permit was granted 42 has ceased or has been suspended for 24 consecutive months. 43 44 19. This approval is contingent upon agreement of the applicant and property owner and 45 their agents, successors and heirs to defend, indemnify, release and hold harmless the 46 City, its agents, officers, attorneys, employees, boards and commissions from any claim, 47 action or proceeding brought against any of the foregoing individuals or entities, the 48 Draft Conditions of Approval 199 South School Street Exterior Modifications Major Exceptions and Major Site Development Permit 3 purpose of which is to attack, set aside, void or annul the approval of this application. 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 20. All landscaping shall be properly maintained to insure the long-term health and vitality of 10 the plants, shrubs and trees. Proper maintenance means, but is not limited to the 11 following: 12 13 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate 14 according to the season, i. e., more water in summer, less in the winter. 15 16 B. Additional watering shall occur during long periods of severe heat and drying winds, 17 and reduced watering shall be used during extended periods of cool rainy weather. 18 19 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic 20 fertilizer according to the recommendations of a landscaping professional. 21 22 D. Weed killers shall not be used on or near trees. 23 24 Failure to comply with the requirements listed above could result in revocation of this 25 Permit. 26 27 21. This approval is contingent upon agreement of the applicant and property owner and 28 their agents, successors and heirs to defend, indemnify, release and hold harmless the 29 City, its agents, officers, attorneys, employees, boards and commissions from any claim, 30 action or proceeding brought against any of the foregoing individuals or entities, the 31 purpose of which is to attack, set aside, void or annul the approval of this application. 32 This indemnification shall include, but not be limited to, damages, costs, expenses, 33 attorney fees or expert witness fees that may be asserted by any person or entity, 34 including the applicant, arising out of or in connection with the City's action on this 35 application, whether or not there is concurrent passive or active negligence on the part 36 of the City. If, for any reason any portion of this indemnification agreement is held to be 37 void or unenforceable by a court of competent jurisdiction, the remainder of the 38 agreement shall remain in full force and effect. 39 40 ATTACHMENT 4 1 2 Downtown Zoning Code Excerpts 3 4 Section 1: Purpose 5 6 1.010: Purpose. The purpose of the Downtown Zoning Code is to: 7 8 A. To create an urban environment that implements and fulfills the goals, objectives and 9 strategies of the Ukiah General Plan by encouraging the development of a healthy, safe, 10 diverse, compact and walkable urban community. 11 12 B. To implement the vision for the study area created by the community during an intense and 13 open community design charette process in 2007. That vision is one of environmentally 14 sustainable and economically vital public spaces and buildings with a renewed civic square, 15 attractive civic buildings and spaces, a healthy creek corridor, gateways that reflect Ukiah’s 16 sense of place, a mix of building types and affordability, new development that supports and 17 enhances the train depot and rail corridor, interconnected and pedestrian-oriented public 18 streets, specific locations for potential anchor buildings (such as large-scale retail, 19 employment centers and parking structures), and pedestrian-friendly buildings and 20 streetscapes. 21 22 C. To manage the scale and general character of new development to emulate the best elements 23 of Ukiah’s heritage, such as shady downtown streets, diverse architecture, mixed -use 24 shopfront buildings in the Downtown, and the architecture of historic civic buildings. 25 26 D. To ensure that public and private spaces are connected and compatible. Buildings that line 27 public spaces relate to the natural surroundings and character of the local built environment, 28 and connect to one another at the pedestrian scale. Public spaces are more than streets and 29 paths for people traveling on foot, on bicycles and in cars. They are the community gathering 30 places. The character of these public spaces is defined by their design and detail, and by the 31 way that private buildings connect to public spaces. 32 33 E. To coordinate the design of public and private elements in a comprehensive and systematic 34 approach. The Downtown Zoning District provides this system, focusing on the pedestrian 35 experience as well as on the efficient movement of pedestrians, bicycles, and a utomobiles. 36 37 F. To facilitate the coexistence of a wide range of residential, commercial and similar uses in 38 close proximity within a lively downtown urban environment. 39 40 G. To preserve and enhance the historic Downtown. 41 42 H. To support local businesses and create a vibrant commercial downtown where buildings meet 43 the street and activate a wide range of pedestrian-friendly uses. 44 45 I. To promote and encourage a sustainable community through the reuse and improvement of 1 existing buildings, infill development, green building and smart growth practices, and 2 resource conservation (such as the enhancement of the creek corridor, tree planting, and tree 3 preservation). 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section 8: Historical Building Standards 1 2 8.010: Historical Building Standards. All proposed modifications to buildings listed on the City’s 3 Historical and Architectural Inventory or buildings that are more than 50 years old shall comply 4 with the standards in Table 13. The age of the building shall be supported by documentation that 5 is acceptable to the review authority (Planning Commission, Zoning Administrator, Planning 6 Department). 7 Table 13: Historical Building Standards STANDARDS ALL ZONES MODIFICATION TO STANDARD MODIFICATIONS AND DEMOLITION Additions New additions shall be designed and constructed so that the character-defining features of the historic building are not radically changed, obscured, damaged, or destroyed in the process of rehabilitation. New design should always be clearly differentiated so that the addition does not appear to be part of the historic resource. Major Exception Demolition (as defined by UCC Section 3016(A)) Allowed only with City Council approval consistent with Ukiah City Code Section 3016. UCC Section 3016 Facade Modification - Significant Allowed only with City Council approval consistent with Ukiah City Code Section 3016 UCC Section 3016 Improvement - Rehabilitation, Restoration, Preservation, Reconstruction Reflect a period of the building’s development consistent with its historical, cultural, or architectural importance or interest. Major Exception Residential Building - Conversion of Use Preserve the residential characteristics of the building’s original architecture. Major Exception Residential Building - Renovation Preserve residential characteristics of the building’s original architecture. Major Exception Structural Modification - Major Preserve the building façade if the building cannot be preserved. Major Exception STOREFRONTS Existing Original Retain original location, proportion, and details. Major Exception Restore Original When the original storefront has been removed or significantly modified, restore the original storefront. The restoration shall be based on documentation of the design of the original storefront. Where no documentation exists, the design may be based on documentation of the design of the storefront for similar buildings of the same era. Major Exception New Where no documentation of the original exists, traditional or modern design and materials may be proposed provided they do not detract from the building or neighboring properties. Major Exception Proportions - Original Maintain when performing a rehabilitation, restoration, preservation or reconstruction. Major Exception DOORS Original - Existing Original door openings and trim on facades shall be maintained in their unaltered condition. Major Exception (3) Original - Restore When the original door(s) have been relocated, replaced, or modified, doors consistent with the original historic doors may be approved with documentation of the original doors. Major Exception (3) Modification to original Elimination, addition, or modification of the original size, location, and shape of facade door openings is prohibited. Major Exception (3) Replacement -Design The design of replacement doors shall reflect the character and style of the building. Major Exception Replacement - Materials Replacement of original materials shall be in kind materials. Replacement of non-original materials shall be compatible with the materials for Major Exception Table 13: Historical Building Standards STANDARDS ALL ZONES MODIFICATION TO STANDARD the building. WINDOWS Openings - elimination and addition Elimination of existing and addition of new openings is prohibited on facades and highly visible elevations. Major Exception (3) Original Maintain and repair original openings, trim and any shutters. Major Exception Replacement – Non-Original Windows Modification to the opening is prohibited When the opening is in its original location, modification of the opening is prohibited. Based on documentation, the opening may be modified or relocated to restore the original window opening(s). Major Exception Replacement Materials – Non Original Windows Shall be compatible with the existing building. Alternate materials may be considered if they are of similar appearance and fit the opening properly. Major Exception Replacement – Original Windows On the facades, the size, dimensions, shape, design, pattern, and materials shall match the original. Major Exception Replacement Materials – Original Windows Materials for the window, trim, and any shutters shall be the same as the original. Major Exception AWNINGS AND CANOPIES Design Design shall be based on evidence that the design was previously installed on the building and/or is typical for a building of the same style and era. Major Exception Lighting Back lighting and internal illumination are prohibited. Major Exception Location The location shall not cover important architectural features. Major Exception Proportion The proportion shall be designed to fit window openings. Major Exception Materials Materials shall be those typically used for awnings for a building of the specific design and era associated with the building. Typical materials include cloth, metal and wood. Major Exception Storefront The configuration and proportions shall be compatible with the design of the storefront and shall not overpower the building. Major Exception SIDING Masonry Retain and restore existing siding. Repair siding with in-kind materials. Major Exception Masonry - Replacement Use salvage material to replace siding. When salvage material is not available, new materials shall match the original in size, color, uniformity and texture. Major Exception Non-Masonry Repair and restore existing using the original wood siding or in-kind salvage material. When salvage is not available, new material (such as wood, cement fiber, fiberglass, vinyl), shall match the dimensions, overlap, and surface texture of the original wood siding. Major Exception Trim & Details Do not cover original trim and details. Major Exception TRIM AND ORNAMENTATION Missing Original – decorative details Replicate from documentation of original details. When documentation is not available, replicate based on details from buildings of a similar design and era. Major Exception New – trim & decorative elements Shall not cover original details. Major Exception Original – cornice, trim & decorative elements On front and side facades, restore and repair in kind. When replacement is necessary, replicate using in kind materials. Major Exception ROOFS AND ROOF LINES Chimney Retain original when it contributes to the character of the roof. Minor Exception Mechanical & Service Equipment Locate to eliminate visibility from Frontages and public ways. Minor Exception New Retain existing roof slopes and shapes for areas visible from Frontages. Major Exception Table 13: Historical Building Standards STANDARDS ALL ZONES MODIFICATION TO STANDARD New - Modified Slope for a Flat Roof Allowed for a problem flat roof when not visible from a Frontage and does not impact the character of the building. Minor Exception RENOVATION FOR ACCESSIBILITY (1) Lifts and Ramps Incorporate into another feature, screen with landscape, and/or finish to match the adjoining materials. Major Exception Materials - General Materials shall be compatible with the building’s original materials Major Exception Materials - Handrail Materials shall be metal or wood. Wire and cable are prohibited. Major Exception Materials - Wood Wood shall be painted or stained to match the building. Major Exception Openings & Ramps (2) Openings and ramps shall be located and designed to minimize impact on the historic and architecturally significant materials and character defining features. Major Exception PORCH (Not an approved frontage type - See Table 6 and Section 6.060) Original Retain and repair the original with in kind materials. Major Exception Original – Alterations Minimize the effects of alterations on the historic character. Major Exception Original – Rebuilding Replicate the original porch design, shape, materials, and details. Major Exception Original – Replacement of Missing Replacement of missing porch is allowed with documentation of the original porch. The replacement porch shall restore the design, shape, materials, and details of the original. Refer to Process for Modification to Frontage Type in Table 6 1. Renovations required to provide accessibility in compliance with the Americans with Disabilities Act. 2. If access to the primary entrance cannot be provided without degrading the significant architectural features, access should be provided through an alternate entrance. 3. When allowed by Major Exception, the alterations shall minimize the impact to the historic character of the building. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 §9231.3 SITE DEVELOPMENT PERMITS 1 Table 27 establishes the procedures for review and processing of site development permits. Table 27 2 establishes three (3) levels of site development permits based on the size of the project. 3 A. Purpose: Site development permit procedures are intended to focus on design issues and solutions 4 that will have the greatest effect on community character and to encourage innovative design solutions 5 and quality design. The purposes of this section are to: 6 1. Recognize the interdependence of land values and aesthetics and encourage the orderly and 7 harmonious appearance of development within the community. 8 2. Ensure that new uses and structures enhance their sites with high standards of improvement 9 and are compatible with surrounding neighborhoods. 10 3. Protect the increasing values, standards, and importance of land and development in the 11 community. 12 4. Retain and strengthen the visual quality of the community. 13 5. Assist project developers in understanding the public’s concerns for the aesthetics of 14 development. 15 6. Ensure that development complies with all applicable City standards and guidelines, and d oes 16 not adversely affect community health, safety, aesthetics, or natural resources. 17 B. Design Criteria: Design criteria have been established to provide guidance in the design and 18 development of projects. The following criteria shall be considered in r eviewing a site development permit 19 application and establishing conditions for the project. 20 1. Site layout, buffers, and setback distances and physical relationship of structures and uses on 21 the site and to surrounding topography, natural resources, uses, and structures. 22 2. Protection, preservation, and integration of historic, cultural and scenic resources and 23 orientation to natural site amenities and scenic views. 24 3. Incorporation of low impact development (LID) design principles into the design of new 25 development, redevelopment, and the expansion or modification of existing development, 26 including parking, access and circulation areas where feasible. 27 4. Site access, including pedestrian, bicycle, parking for vehicles and bicycles, and loading 28 areas, and on-site and off-site traffic and pedestrian circulation. 29 5. Integration of the site into the pedestrian and traffic circulation system, including off -site 1 improvements and opportunities for connections to adjoining streets, parks, open space, 2 community facilities and commercial areas. 3 6. Height, bulk, and area of buildings and the overall mass and scale of the project in relation to 4 the site characteristics, neighborhood, and surrounding land uses. 5 7. Landscape elements that integrate opportunities for outdoor use areas and adequate shading 6 of pavement and windows. 7 8. Articulation in building facades, exterior architectural design details, quality of materials, 8 variation of textures, and harmony of colors. 9 9. Articulation in rooflines and the type and pitch of roofs and/or mechanical screening and 10 overhangs for proper shading and solar access to windows. 11 10. Location, size, and spacing of windows, doors, and other openings and orientation for 12 passive solar heating and cooling and provision of awnings, enclosure s, and overhangs for 13 entryways. 14 11. Location and orientation of windows, doorways, and outdoor use areas and the potential for 15 heat, glare, odors, noise, or other disturbances from on-site or off-site sources (i.e., direct sun 16 from west exposures, outdoor lighting, food services areas, recycling and refuse areas, 17 mechanical equipment, roadways, railroads, aircraft overflight, etc.). 18 12. Location of towers, chimneys, roof structures, flagpoles, radio, telecommunications and 19 television masts/poles or other projections. 20 13. Use of durable, quality materials and provisions for long-term maintenance including 21 identification of responsible party and funding source for public improvements and open space 22 areas. 23 14. Location, design, access, and visual screening for recycling and refuse disposal areas and 24 utility installations. 25 15. Location, design, and standards of all exterior illumination, including parking lot and sign 26 lighting. 27 16. Signage including the size, type, location, material quality, durability, textures , height, color, 28 light intensity, and integration into the building and street design, and the potential for distraction 29 of traffic and/or obstruction of other signs, access ways, and sight visibility areas. 30 C. Findings: The review authority may approve a site development permit application only after first 31 finding that: 32 1. The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and 1 this code. 2 2. Design: The design of the proposed project is consistent with the architectu ral standards of 3 this code and compatible with the character of the neighborhood; will maintain the community’s 4 character, provide for harmonious and orderly development, and create a desirable environment 5 for the occupants, neighbors, and visiting public; includes the appropriate use of materials, 6 texture, and color, which will remain aesthetically appealing and appropriately maintained; and 7 the location and orientation of windows, doorways, and outdoor use areas reduce the potential 8 for heat, glare, noise, or other disturbance from on-site or off-site sources. The neighborhood 9 compatibility part of this finding does not apply if it would render the project inconsistent with the 10 architectural requirements of the zoning district in which the project is locat ed. 11 3. Siting: The siting of the structure(s) on the parcel is compatible with the siting of other 12 structures in the immediate neighborhood. This finding does not apply if the resulting setbacks 13 are inconsistent with the requirements of the zoning district in which the parcel is located. 14 4. Ingress, Egress, Circulation, Parking: The project provides adequate ingress, egress, parking 15 for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery 16 vehicles designed to promote safety and convenience and to conform to City standards and will 17 not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. Low 18 impact development (LID) design has been incorporated into the project where feasible. 19 5. Landscaping: The landscaping for the project provides opportunities for shading west and 20 south facing windows and outdoor use areas, utilizes native and drought tolerant species, is in 21 keeping with the character and design of the project, and consistent with requirements of this 22 code and City standards. 23 6. Resource Protection: The proposed project will not excessively damage or destroy resources 24 or natural features, including cultural and historic resources, trees, shrubs, creeks, and the 25 natural grade of the site. 26 7. Health, Safety, Welfare: The proposed project would not be detrimental to the public health, 27 safety, or welfare; is not materially injurious to the properties or improvements in the immediate 28 vicinity; and will not tend to cause the surroundin g area to depreciate materially in appearance or 29 value or otherwise discourage occupancy, investment, or orderly development in the area. (Ord. 30 1139, §2 (Exh. A, 12.030), adopted 2012) 31 Table 27: Site Development Permit Procedures (1) Tiers Tier 1 Tier 2 Tier 3 Permit Type Site Development Permit Building Permit Required (2) Minor Site Development Permit (Minor SDP) Major Site Development Permit (Major SDP) Project Type New construction and additions up to 1,000 sf Minor exterior facade modifications Similar projects as determined by the Planning Director No exception is required or requested for the project New construction and additions 1,000 – 15,000 sf Less than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) Up to 2 minor exceptions Similar projects as determined by the Planning Director No major exception is required or requested for the project New construction and additions over 15,000 sf More than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) New condominiums New drive-through facilities More than 2 minor exceptions All major exceptions Similar projects as determined by the Planning Director Site development permits as determined by the Zoning Administrator (3) Application and Filing Submittal Requirements Building permit Filing fees Site plan, elevations, floor plans Additional information as determined by the Planning Director Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director Review Authority Community Development and Planning Department Design Review Board recommendation to Zoning Administrator Design Review Board recommendation to Planning Commission Approval Authority Community Development and Planning Department Zoning Administrator (4) Planning Commission (4) Public Notice Processed as a building permit No public notice provided As prescribed by subsection 9263C of this code As prescribed by subsection 9263C of this code Findings for Grant of Permit (5) Building permit plans must be consistent with all applicable requirements No findings required As prescribed by subsection 9231.3C of this code As prescribed by subsection 9231.3C of this code Conditions of Approval Not applicable As prescribed by subsection 9263F of this code As prescribed by subsection 9263F of this code Appeal Not applicable As prescribed by section 9266 of this code As prescribed by section 9266 of this code Effective Date Date of building permit issuance As prescribed by subsection 9263G of this code As prescribed by subsection 9263G of this code Expiration/Revocation 6 months of no activity (from the date of last inspection) As prescribed by subsection 9263H of this code As prescribed by subsection 9263H of this code Renewal Payment of renewal fee as established by City Council and process as determined by the As prescribed by subsection 9263I of this code As prescribed by subsection 9263I of this code Table 27: Site Development Permit Procedures (1) Tiers Tier 1 Tier 2 Tier 3 Permit Type Site Development Permit Building Permit Required (2) Minor Site Development Permit (Minor SDP) Major Site Development Permit (Major SDP) Building Official California Environmental Quality Act (CEQA) Exempt Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA 1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Building permit plans and submittal information must be consistent with all applicable standards of this code. 3. The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision. 4. Any site development permit reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. 5. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision maker’s conclusions and shall be based upon evidence contained in the administrative record. Table 29: Exception Procedures (1) Permit Type Minor Exception Major Exception Type Two (2) or fewer minor exceptions More than two (2) minor exceptions Exceptions as determined by the Zoning Administrator (5) Application & Filing Submittal Requirements (2) Planning Permit Application Form Application Fees Detailed plot plan of the subject property and surrounding land uses Elevation drawings Other information deemed necessary by the Planning Director Planning Permit Application Form Application Fees Detailed plot plan of the subject property and surrounding land uses Elevation drawings Other information deemed necessary by the Planning Director Approval Authority (3) Zoning Administrator (1) Planning Commission Public Notice As prescribed by UCC Section 9264(B) As prescribed by UCC Section 9264(B) Findings for Grant of Permit (4) The request is consistent with the intent of this Code and the Ukiah General Plan. The project is compatible with the neighborhood and design intent of this Code. The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another. The project provides adequate and appropriate pedestrian facilities and connections. The project would not impair the desirability of investment, employment, or residence in the neighborhood. The project is not detrimental to the public’s health, safety and general welfare. Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas). The request is consistent with the intent of this Code and the Ukiah General Plan. The project is compatible with the neighborhood and design intent of this Code. The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another. The project provides adequate and appropriate pedestrian facilities and connections. The project would not impair the desirability of investment, employment, or residence in the neighborhood. The project is not detrimental to the public’s health, safety and general welfare. Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas). Appeal As prescribed by UCC Section 9266 As prescribed by UCC Section 9266 Effective Date As prescribed by UCC Section 9264(F) As prescribed by UCC Section 9264(F) Expiration/Revocation As prescribed by UCC Section 9264(G) As prescribed by UCC Section 9264(G) Renewal As prescribed by UCC Section 9264(H) As prescribed by UCC Section 9264(H) California Environmental Quality Act (CEQA) Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA 1. Applications for multiple permits are subject to the requirements of Section 12.100: Concurrent Permits. 2. Submittal requirements for an Exception depend on the standard (building, site, architectural, tree) from which the Exception is requested. 3. Any Exception application reviewed by the Zoning Administrator or the Planning Commission may be approved , conditionally approved, or denied. 4. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the appl ication and said findings are not vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridgi ng the gap 5. The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision.