HomeMy WebLinkAbout09282011 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
Wednesday September 28, 2011
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 HELLAND, BRENNER, WHETZEL,
SANDERS AND CHAIRPERSON PRUDEN
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the August 10 and August 24, 2001 meetings are included for review
and approval.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for everyone to
be heard, please limit your comments to three (3) minutes per person and not more
than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments.
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning
permits are final unless a written appeal, stating the reasons for the appeal, is filed with
the City Clerk within ten (10) days of the date the decision was made. An interested
party may appeal only if he or she appeared and stated his or her position during the
hearing on the decision from which the appeal is taken. For items on this agenda, an
appeal must be received by the City Clerk no later than Tuesday October 11, 2011 at
5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARINGS
A. Variance File No. 11-12-VAR-PC: Conduct a public hearing for a request for
Planning Commission approval of Major Variances to allow a pool (accessory
structure) to be located in the required front setback and less than 15 feet from the
front property line and to allow a 6-foot fence to be located within the required front
setback at 326 Washington Avenue, APN 003-520-17.
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. Ukiah Municipal Airport Building Area and Land Use Development Plan
Guidelines. Conduct a public hearing and make a possible recommendation to the
City Council on proposed revisions to the Ukiah Municipal Airport Building Area and
Land Use Development Plan Guidelines. Continued from the]uly 27, 2011
hearing.
10. NEW BUSINESS. Determine Planning Commission meeting schedule for November
and December 2011.
11. PLANNING DIRECTOR'S REPORT
12. PLANNING COMMISSIONERS' REPORT
13. ADJOURNMENT
Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours
in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend.
The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities
upon request. Please call (707)463-6752 or(707)463-6207 to arrange accommodations.
1 UKIAH PLANNING COMMISSION
2 August 10, 2011
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair None
7 Jason Brenner
8 Linda Helland
9 Linda Sanders
10 Mike Whetzel
11
12 STAFF PRESENT OTHERS PRESENT
13 Charley Stump, Planning Director Listed below, Respectively
14 Kim Jordan, Senior Planner
15 Jennifer Faso, Associate Planner
16 Cathy Elawadly, Recording Secretary
17
18 1. CALL TO ORDER
19 The regular meeting of the City of Ukiah Planning Commission was called to order by
20 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
21 Ukiah, California.
22
23 2. ROLL CALL
24
25 3. PLEDGE OF ALLEGIANCE - Everyone cited.
26
27 4. APPROVAL OF MINUTES — The July 13, 2011 meeting minutes are included for review and
28 approval. The minutes from the July 27, 2011 meeting will be available for review and approval at the
29 August 24, 2011 meeting.
30
31 The following corrections were made to the July 13, 2011 minutes:
32 Page 1, line 41, change storages to shortages.
33 Page 5, lines 11-13, change sentence to read, `There may be a very good reason shy the landscaping
34 approved for the Skateboard Park had to be changed, but it would be helpful to provide feedback as to
35 why projects change.'
36
37 M/S Sanders/Helland to approve July 13, 2011 minutes, as amended. Motion carried (5-0).
38
39 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS—None.
40
41 6. APPEAL PROCESS— N/A
42
43 7. SITE VISIT VERIFICATION - N/A
44
45 8. VERIFICATION OF NOTICE— N/A
46
47 9. PUBLIC HEARING
48 9A. Redevelopment Agency Plan Amendment — Eminent Domain. Conduct a public hearing on
49 the proposed redevelopment agency plan amendment to restore eminent domain for a portion of
50 the Redevelopment Plan Area and the associated CEQA document and make a possible
51 recommendation to the Redevelopment Agency. Staff is requesting this item be continued to a
52 date certain of August 24, 2011.
53
54 It was the consensus of the Commission to continue Redevelopment Agency Plan Amendment— Eminent
55 Domain to a date certain of August 24, 2011.
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 1
1 9B. Walmart Expansion Draft Environmental Impact Report File Nos: 09-42 EIR-PC/09-28-SDP-
2 PC. Conduct a public hearing and take public and Commission comment on the Walmart
3 Expansion Draft Environmental Impact Report (DEIR). The project proposes a 47,621 foot
4 expansion of the existing 109,030 square foot store, for a total square footage of 156,651 to
5 include expanded general merchandise floor area and expanded grocery sales floor area, indoor
6 and outdoor garden centers, as well as the possibility of distilled alcohol sales, and a medical
7 clinic and/or vision center on the 13.44 acre site located at 1155 Airport Park Boulevard, APN
8 180-070-38, in the Airport Industrial Park. Also included as part of the project is a change in store
9 hours to 24 hours per day, seven days per week, modifications to the design of the exterior of the
10 building, the addition of new parking spaces, modifications to the landscaping, and other
11 associated site improvements. The expansion of the store requires approval of a Major Site
12 Development Permit.
13
14 Chair Pruden:
15 • The purpose of tonight's Planning Commission meeting is to receive public and Planning
16 Commission comments on the adequacy of the analysis presented in the DEIR.
17 • There is a 45-day comment period on the DEIR which runs from July 5, 2011 through August 18,
18 2011 at 5:00 p.m., so it is relevant for the public to submit their comments as soon as possible.
19 • In terms of format for tonight's meeting, recommends review of the DEIR chapter by chapter.
20
21 Planning Director Stump:
22 • The intent of tonighYs meeting is to discuss the information in the DEIR and determine whether or
23 not the document meets California Environmental Quality Act requirements for adequacy of the
24 analysis and not whether the project should be approved or not.
25 • Introduced Brian Grattidge of Environmental Science Associates (ESA), the City's EIR, who will
26 give a Powerpoint presentation about the DEIR and to answer questions.
27
28 Senior Planner Jordan
29 • Noted public comment cards and a sign-up sheet to receive email/hard copy notices related to
30 the Walmart project are available in the Council Chambers lobby.
31 • The DEIR and DEIR appendices are on the City's website, in the Planning Department, and at
32 the library.
33 • Introduced Brian Grattidge of ESA.
34
35 Brian Grattidge, Environmental Science Associates (ESA), the City's EIR consultant, addressed the
36 adequacy of the analysis for the DEIR and provided an overview of the EIR process, discussed the steps
37 completed to date as part of the process for the Walmart EIR, as well as identified the next steps in the
38 process with regard to the following relevant topics:
39
40 Backqround
41 • Application submitted for expansion of existing store in 2009
42 • Notice of Preparation— March 11, 2010
43 • Scoping Meeting held March 18, 2010
44 • Scoping Report to Commission presented June 9, 2010
45 • Draft EIR published July 5, 2011
46 • Review Period ends August 18, 2011
47 The proposed project:
48 • Expansion and alteration of the existing 109,030 sf Walmart store.
49 • The EIR analyzes a maximum project of 161,350 sf(current proposed plan is 156651 sf)
50 • Project components include:
51 - 24-hour operation from current 7 a.m. to 11 p.m.
52 - Expansion of the grocery and general merchandise sales
53 - Additional ancillary area (including tenant space)
54 - Update o the building exterior and signage
55 - Inclusion of energy saving features
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 2
1 - Expansion of the parking lot from 567 to 612 spaces
2 - Landscaping modifications: shade tree replacement, new tree planters, less turf
3 - Potential inclusion of a vision care center and/or limited-service medical clinic
4 - Potential distilled spirit sales
5 - Eliminates Tire Lube Express
6
7 Scope of the EIR:
8 • Aesthetics
9 • Air Quality
10 • Urban Decay
11 • Geology&Soils
12 • Hazards and Hazardous Materials
13 • Hydrology&Water Quality
14 • Land Use
15 • Noise
16 • Public Services & Utilities
17 • Transportation &Traffic
18 • Global Climate Change
19 • Biological Resources
20
21 Potentially Siqnificant Impacts:
22 • Geology and Soils
23 • Hazards and Hazardous Materials
24 • Hydrology and Water Quality
25 • Noise
26 • Traffic
27 • Biological Resources
28
29 Less than Siqnificant Impacts:
30 • Urban Decay
31 • Global Climate Change
32
33 Proiect Alternatives:
34 • No project
35 • Reduced Project Size Alternative
36 • No Footprint Expansion Alternative
37 • Other alternatives considered: Two story alternative, alternative location
38
39 Next Steps:
40 • DEIR review period closes August 8, 2011 at 5:00 p.m.
41 • Comments evaluated and written responses prepared
42 • Final EIR prepared prior to project hearing
43
44 PUBLIC COMMENT PERIOD OPENED: 7:44 p.m.
45
46 CHAPTER 1: INTRODUCTION
47 No comments.
48
49 CHAPTER 2: SUMMARY
50
51 Steve Scalmanini:
52 Page 2-13, Questioned 'Impact 4.9-9: The Project would not make a cumulatively considerable
53 contribution to public services and utilities impacts associated with cumulative development in the Project
54 vicinity.' What does this mean?
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 3
1 Chair Pruden: Stated Chapter 2 is a summary of impacts and mitigation measures and asked if impact
2 4.9-9 can be flagged for later discussion within the context in the chapter associated with this impact.
3
4 Commissioner Helland:
5 • Page 2-4, Mitigation Measure 4.1-2: How do LEED Goals and Green Globes lighting criteria
6 compare with International Dark Sky Association (ISA)? The City typically uses ISA as the
7 standard.
8 • Page 2-4, Impact 4.2-1: Under 'mitigations,' in addition to `none required,' clarify that the
9 Mendocino County Air Quality Management District has rule F-430 with which the project must
10 comply that will further reduce fugitive dust emissions.
11 • Page 2-9, Impact 4.6-1, somehow clarify that there would be a less than significant impact and no
12 mitigations would be required after complying with required permits, plans and regulations.
13 • Page 2-13, Mitigation Measure 4.10-2: Options A & B: Where are they described (reference to
14 page or section)? Also states, `The improvement planned by the City of Ukiah at Talmage
15 Road/Airport Park Boulevard described in Future Transportation Improvements, above' would
16 need to be implemented in addition to Mitigation Measure 4.10-2, but there is no such description
17 above.
18 • Page 2-14, Mitigation Measure 4.10-3c: Can right-of-way be taken from the sidewalk and
19 landscaped area for a Class II bike lane? Or, can the Right-of-way along Airport Park Boulevard
20 between Talmage Road and Commerce be used to install a Class I shared-use path by widening
21 the existing sidewalks? Or, can property owners be asked to deed sufficient right-of-way to put
22 Class II bike lane on street? Applicant will put in new sidewalks on Airport Park Boulevard and
23 Commerce Drive anyway.
24
25 CHAPTER 3: PROJECT DESCRIPTION
26
27 Chair Pruden: Requested clarification regarding the expansion of the parking lot from 567 to 612 spaces
28 provided for in the Powerpoint document and noted section 3.1 of DEIR document uses a different
29 number of 584 to 640 spaces.
30
31 Brian Grattidge: The difference is up to 28 of those spaces will be occupied by the cart corrals or other
32 things. 567 usable spaces have been identified. The rest have been taken out by cart corrals or other
33 things. 584 spaces is the number of spaces the site has, but usable number of spaces is the 567.
34
35 Chair Pruden: Have the parking spaces been accounted for that are blocked out for the garden
36 department with fertilizers, potting soil etc., that are existing behind the chain link fence on the south end
37 of the parking lot? The correct number of spaces and number of spaces available need to be clarified.
38
39 Commissioner Whetzel: Section 3.2.1 — In 1995 the City certified a Program EIR for the buildout of the
40 remaining Redwood Business Park area. The City adopted a Capital Improvement Program (Traffic
41 Impact Fee) in 1997 to pay for street and intersection improvements that would be needed as buildout
42 occurred. The program was updated in 1999. Is the program still active?
43
44 Planning Director Stump: The City has been collecting money ever since the Traffic Improvement
45 Program began.
46
47 Commissioner Sanders: How much is in the account?
48
49 Planning Director Stump: Does not have this figure available tonight, but can obtain the information.
50
51 Commissioner Helland: Page 3-3, section 3.2.1 Project Background, What does the CIP (traffic impact
52 fee) pay for? Could it contribute to adding Class II bike lane on Airport Park Boulevard? Or, creating
53 Class I with signage having shared use trail in sidewalk right-of-way?
54
55 Planning Director Stump:
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 4
1 • When the Traffic Improvement Program began, specific projects had to be identified for which the
2 money would be spent. Some of these projects have been completed while others have not.
3 • The money continues to accumulate.
4 • If the Walmart expansion is approved, the City may choose to amend the CIP to incorporate
5 additional improvements.
6
7 Chair Pruden: Did the CIP (traffic impact fee) originate as a result of the adopted Airport Industrial
8 Planned Development Ordinance (AIP-PD) or when the existing Walmart store was approved by the City?
9
10 Planning Director Stump: The Program came as a result of the 1995 Program EIR for the buildout of the
11 remaining Redwood Business Park.
12
13 Chair Pruden: Would projects that were already developed in the AIP-PD prior to the creation of 1995
14 Program EIR have to pay more?
15
16 Planning Director Stump: All development since adoption of the ordinance establishing the Program
17 has paid a fee to help pay for traffic impacts resulting from the development. Projects developed prior to
18 adoption were not subject to the fee.
19
20 Commissioner Whetzel: Page 3-2, Figure 3-1, map is inaccurate. Betty Street now extends through and
21 intersects with Talmage Road. This was changed when the original Walmart store was approved in 1992.
22
23 Chair Pruden: There have been name changes to some of the streets in this area.
24
25 Don Flager:
26 • Is retired from Caltrans. Has consideration been given for other alternative off-ramp
27 improvements going south to help alleviate traffic congestion in the area of Talmage Road and
28 Airport Park Boulevard?
29 • An entirely new interchange would be required for an off-ramp going north.
30
31 Chair Pruden: The EIR document does talk about a ramp in the southerly direction basically where Jack-
32 in-the-Box is located behind Walmart as a possible route change.
33
34 Virginia Renolds: It is her understanding funds can be taken out of existing projects pending
35 street/intersection improvements for the Walmart project or is Walmart required to pay additional money
36 in this regard?
37
38 Chair Pruden: Staff has indicated the CIP is not fully funded.
39
40 Planning Director Stump:
41 • If this project is approved, Walmart will be required to pay their fair share of improvements
42 needed for new traffic impacts their project would cause.
43 • No funding from projects from around the City earmarked for traffic or streets would be used for
44 the Walmart project.
45
46 Virginia Renolds: Who decides on the fair share of traffic impact fees Walmart must pay?
47
48 Planning Director Stump: The Ukiah City Council decides the amount of traffic impact fees Walmart
49 must pay for the expansion project.
50
51 Don Larsen: Questioned why Orchard Avenue cannot be a straight shot to Airport Park Boulevard as
52 opposed to having to go through neighborhoods as this will impact them to get to Walmart.
53
54 Commissioner Whetzel: This is likely a discussion for the traffic section.
55
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 5
1 Commissioner Helland: Page 3-5, Project Objectives: Bullet 7, `Develop a state-of-the-art retail facility
2 that serves local residents and visitors with essential goods and services in a safe and secure 24-hour,
3 seven days a week, shopping environment' and Bullet 8, "Improve the building sustainability through
4 implementing more efficient energy management practices, designs and equipment,' would entail
5 compliance with the AIP-PD guidelines of providing at least 20% of the site area in landscaping or it will
6 not be consistent with zoning ordinance relative to Bullet 10, that states `Design a project that is
7 consistent with the City's General Plan and Zoning Ordinance.'
8
9 Chair Pruden: Page 3-3, Surrounding Land Uses, information is not entirely accurate or is incomplete.
10 There is no mention of Savings Bank of Mendocino County, the mini-mart across the street from the bank
11 or car wash. The description is very general.
12
13 Mary Anne Miller: Page 3-5, section 3.3 Description of the Project and 3.3.1 Project Objective: These
14 are very important because CEQA requires most of the project objectives be satisfied in the final decision
15 on the project. The objectives are 'very nice' and are everyone's objectives. The project objectives can be
16 met with the proposed project alternatives as well.
17
18 Steve Scalmanini: Page 3-5, section 3.3 Description of the Project and 3.3.1 Project Objectives: Bullet
19 1: Provide a commercial development that results in a net fiscal benefit to the City by providing new sales
20 tax revenue and increasing property tax revenues.What about the County?
21
22 Chair Pruden: Possibly add language that tax revenue sharing is an important component in our
23 community.
24
25 Steve Scalmanini:
26 • While the proposed project can result in a net fiscal benefit to the City, what about the potential
27 fiscal debt to the County by having to pay the medical costs of employees who do not have health
28 insurance.
29 • Bullet 2: Provide a commercial development that can be adequately be served by existing public
30 services and utilities. Is to assume that additional public services will be required? It is his
31 understanding that additional public services are required for 24-hour Walmarts.
32
33 Chair Pruden: Is concerned about having Walmart open 24 hours and will comment about this issue
34 later.
35
36 Steve Scalmanini:
37 • The project objective talks about a commercial development that can adequately be served by
38 existing public service, but what about the possible need for future public service and whether or
39 not this is possible.
40 • Bullet 3: Provide commercial development that creates new jobs for City residents. What about
41 other residents or persons residing outside of the County such as in Willits? Objective talks about
42 `new jobs' what about `net new jobs?' Is not sure if the net number of jobs will be positive or
43 negative and this information should be reflected in the EIR. How will new jobs for City residents
44 be measured and will this be a part of the mitigation monitoring plan? Need the number of full
45 time equivalent jobs.
46 • Bullet 5: Expand and provide new retail options in close proximity to local consumers by providing
47 daytime and night-time shopping opportunities in a safe and secure environment. Define `close
48 proximity' and does this mean surrounding neighborhoods in the vicinity of the site. There is a
49 neighborhood located to the north of the project site.
50 • Bullet 6: Enhance the commercial retail offerings in the City of Ukiah. How will this be measured?
51
52 • Bullet 8: Improve the building sustainability through implementing more efficient energy
53 management practices, designs and equipment. Does this objective apply only to new
54 construction or to the existing building?
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 6
1 • Bullet 11: Provide sufficient off-street parking to minimize impacts to the surrounding residential
2 neighborhood, and ensure that adequate on-site parking is provided for store customers and
3 employees. Is not aware this is an issue. Believes there is a sign on Airport Park Boulevard that
4 prevents traffic from entering the surrounding residential neighborhood.
5
6 Alan Nicholson:
7 • Regarding jobs, the assumption that Walmart creates jobs does not add up. It is documented in
8 many studies nationwide that for every less than living wage Walmart adds, we lose 1.8 living
9 wage jobs. Replacing living wage jobs with low-wage jobs is an excellent way to continue
10 sluggish economic growth locally. The project objective talks about the creation of new jobs for
11 the Walmart expansion and is of the opinion the EIR does not reflect adequately studying the
12 impacts of this job creation.
13 • The tax revenue for groceries and related items is not going to offset the decline in other
14 groceries and the decline in living wage jobs in the community. If the project closes some
15 significant anchor grocery stores in the community, this will impact lesser stores creating a
16 domino effect. The Walmart expansion will clearly be a net loss to Ukiah and certainly not
17 representative of any kind of net gain like that reflected in the EIR. Rather than bring stability, this
18 project will have very long term destabilizing consequences.
19
20 Chair Pruden: The Tire and Lube Express will close. The question is what will happen to these
21 employees. Will these employees be offered a job in another department.
22
23 Commissioner Helland:
24 • Page 3-11, #6, Food Displays: typographical error, should read, `the building will include a film on
25 the freezer doors that combats condensation and requires no energy, unlike heating systems that
26 are typically used to combat condensation.
27 • Page 3-13, Landscaping Modifications, provide for ADA compliant facilities. Narrative does not
28 talk about ADA compliant facilities in parking areas.
29
30 Gene Hoggren:
31 • Has traveled extensively in the US and usually stays overnight in Walmart parking lots.
32 • There are many 24-hour Walmart stores around the country and has observed that many small
33 retail establishments are lost as a result.
34 • Walmart is in financial position to lower or raise prices at-will until all their competition no longer
35 exists.
36 • His wife worked as a cashier in Walmart for 10 years and is familiar with their corporate policy.
37 Walmart can raise or lower the price of any item sold in the store. Smaller stores cannot compete
38 with Walmart.
39 • Unlike Safeway or Lucky, Walmart is non-union.
40 • Allowing for a 24-hour Walmart is a mistake because all of the small local convenience stores
41 should be allowed six or eight hours during the 24-hour period to do business.
42 • Allowing Walmart the advantage of operating 24 hours will bring about a big change to Ukiah.
43
44 Chair Pruden: Mr. Hoggren did not comment on the EIR, he provided information about Walmart.
45
46 Rex Cipher: Wondering what is wrong with competition?This is called capitalism.
47
48 Steve Scalmanini:
49 • Page 3-13, Lighting Modifications, `The lights in the parking lot will be modified to provide
50 adequate lighting levels. Questioned is existing lighting adequate in the first place?
51 • Page 3-15, Security Measures, 1. Conduct a risk analysis (crime survey) of the area to evaluate
52 the security needs for the store and implement a security plan based upon this analysis. Why is
53 this aspect not part of the EIR? 2. As appropriate based upon the crime survey, establish a
54 parking lot patrol that assists customers, ensures safety and takes action to identify and prevent
55 any suspicious activity (such as loitering and vandalism) both during the day and nighttime hours;
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 7
1 and a plain clothes patrol inside the store to ensure safety and security. What is the legal
2 definition of `appropriate.' Why does Walmart not have an existing parking lot patrol? 3. Install
3 closed-circuit camera systems (surveillance cameras) inside and outside the store. Why are
4 these not existing? 4. Establish a Risk Control Team, which is a team of associates responsible
5 for and trained to identify and correct safety and security issues at the site, including inside the
6 store. Why are these safety precautions measures not already existing? 5. Provide lighting in the
7 parking areas that will ensure public safety(See Lighting Modifications, above). If lighting ensures
8 public safety, we would not need a police department.
9
10 Commissioner Brenner: There appears not to be enough information in the project description. With the
11 questions raised above, it may be beneficial to give reference in the project description where these types
12 of questions can be addressed and this would facilitate reading of the EIR document.
13
14 Steve Scalmanini: Page 3-16, Hours of Operation Modifications, `The proposed change in square
15 footage and hours would add approximately 85 new positions.' It does not indicate how many of these
16 positions are full-time. Will these positions be minimal time?What is the number in full time equivalents?
17
18 Chair Pruden: More information is necessary in the EIR document about the 85 new positions and the
19 elimination of the Tire and Lube Express department.
20
21 Steve Scalmanini: Page 3-18, section 3.4 Regulatory Requirements, Permits, and Approvals, 'The
22 principal discretionary permits and approvals for the Project will be granted by the City of Ukiah.
23 Questioned, `will be granted' thought permits and approvals are being `considered' by the City. Is under
24 the impression the permits and approvals are not guaranteed by the City.
25
26 CHAPTER 4: SECTION 4.1 AESTHETICS
27
28 Chair Pruden:
29 • Section 4.1 discusses aesthetics which addresses the environmental setting and describes where
30 the project is located and what surrounds it. It mentions scenic roadways, scenic vistas known as
31 'viewsheds,' and light and glare.
32 • Page 4.1-5, Scenic Vistas, `The project site is located in a developed commercial and industrial
33 area of Ukiah. No scenic vistas are located within or adjacent to the Project site; however, in the
34 distance to the east and west, hills provide background to area views.' The wording of the
35 information is misleading. While the information is generally correct, disagrees that no scenic
36 vistas are located within the project site because the east and west hills can be seen from the site
37 and do offer an extraordinary 'viewshed.' Viewshed is the term Ukiah uses in documents in place
38 of scenic vistas. Disagrees with the reference of scenic vistas as used in the context for this
39 project because the `scenic vistas' do not occur on site but rather in the east and west hills.
40 Scenic Vistas are integral to how the project is developed.
41
42 • Section 4.2 discusses Air Quality with regard to physical setting, local setting to include an Air
43 Quality Data Summary table for the project area. This section also addresses regulatory Setting
44 and Application Air Quality Regulations with comparison to local rules, impacts/impact analysis
45 and mitigation measures
46
47 Joan Griswald: In her opinion, there will be a higher percentage of businesses being siphoned from as a
48 result of this new business.
49
50 Ike Hites: From an aesthetic standpoint, is it possible instead of expanding the parking lot to have
51 parking underneath the building? In this way trees and landscaping would be maintained on the site as
52 well as have room to add more trees. There would be much less heat generated from the parking lot with
53 landscaping and less runoff from the pavemenUasphalt during the winter.
54
55 Carrie Hartman:
56 • Has a comment about every section of the EIR and will submit her comments in writing.
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 8
1 • It would be helpful if the document were put on the Powerpoint screen to better understand the
2 discussions and stay on topic.
3
4 Steve Scalmanini: Page 4.1-10,Mitigation Measures, `The project applicant will be required to prepare a
5 photometric plan demonstrating that lighting will not spill over onto adjacent properties.' Why is the plan
6 not part of the EIR.
7
8 Commissioner Helland: Page 4.1-9, Impact 4.1-2, Mitigation Measure 4.1-2, 'Fixtures shall be full cut-
9 off and nighttime friendly, consistent with LEED goals and Green Globes criteria for light pollution
10 reduction.' The City tends to use International Dark Sky Association applications and would like the
11 criteria and how they differ from the International Dark Sky Association.
12
13 Commissioner Whetzel: Many of the questions raised by Mr. Scalmanini will be examined at the
14 permitting process.
15
16 Chair Pruden: Some of the questions/comments raised by Mr. Scalmanini require clarification in the EIR
17 document and some concerns will be answered along the process.
18
19 CHAPTER 4: SECTION 4.2 AIR QUALITY
20
21 Mira G.:
22 • Referred to Section 4.2.2, pages 4.2-2 that states, Mendocino County Air Quality Management
23 District (MCAQMD) maintains several monitoring stations in the Project vicinity that monitor air
24 quality and compliance with associated ambient standards. The closest station to the Project site
25 is the East Gobbi Street Monitoring Station approximately a half mile away. The pollutants
26 monitored at this station are ozone and carbon monoxide. The Ukiah County Library Monitoring
27 Station is located approximately 1 mile away was used to collect data for particulate matter less
28 than ten microns and particulate matter less than 2.5 microns. The most recent published data for
29 ozone and particulates at the East Gobbi State and Ukiah County Library Monitoring Stations are
30 presented in Table 4.2-1. Respirable particulate matter PM10 and PM2.5 that consist of
31 particulate matter that is 10 microns or less in diameter and 2.5 microns or less in diameter are
32 not measured every day.
33 • Questioned the statistical data and methodology for collection of greenhouse gas inventory
34 (GHG) provided in the criteria Table 4.2-1 on page 4.2-2 concerning the measurement of ozone
35 particulates and carbon monoxide particulates and whether these greenhouse gas emissions are
36 adequately monitored because the Greenhouse Gas (GHG) inventory impacts are global. It
37 appears carbon monoxide is not well monitored. Data indicates an increase in ozone since 2007
38 to 2009. This is worrisome. Greenhouse gases should be monitored particularly with the claim
39 that these gases need to be reduced. The City needs to take measures to reduce these gases
40 and not adequately measuring them is not a good idea.
41 • Important to have the 2010 data as part of the table.
42 • It is important the purpose of the table and data are understood. The report does state the Project
43 will generate greenhouse gases that may have significant impacts on the environment or conflict
44 with an applicable plan, policy or regulation adopted to reduce greenhouse gas emissions so the
45 overall task is not how much we allow to happen, but the overall task is the need to reduce
46 greenhouse gases.
47
48 Chair Pruden: If there are no numbers in the table does this mean the local monitoring agency is not
49 monitoring that or they were not available for this report?
50
51 Brian Grattidge: That is correct. The stations at the County Library and Gobbi Street only monitor ozone
52 and carbon monoxide. Regarding the comment that carbon monoxide is not well monitored what was
53 done was to use statistical models to estimate the level of carbon monoxide. This is true in Ukiah,
54 California, the US and the world. Carbon monoxide is not monitored as closely as to what we call criteria
55 air pollutants which is what you see on Table 4.2-1. It is a good point in that greenhouse gases are
56 modeled in a manner similar to air quality and in some EIR's you will see that combined. More frequently
MINUTES OF THE PLANNING COMMISSION August 10, 2011
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1 you will see GHG and climate change separated as a topic and it is just for purposes of discussion but it
2 is part of the emissions issue. In this case, the Table is basically the criteria pollutants. Then we also look
3 at toxic air contaminants (TACs) and potential health risks relating to those and separately look at
4 greenhouse gases, carbon monoxide and other GHGs that are there and calculate the CO2. Hopefully
5 this helps explain what to look for in the table.
6
7 Chair Pruden: In terms of modeling even if you do not have good figures locally does not mean this
8 invalidates the section so the best effort is made or does testing have to be done.
9
10 Brian Grattidge: There are different methodologies and as he understands it, the City and County
11 actually are embarking on a project that is called a GHG Inventory. This presents an interesting issue to
12 analyze within the confines of an EIR because we are looking at a local project and a local impact that is
13 basically analyzed at an air shed or even a state or national level but the area of impact that you are
14 looking at is basically global. So what occurs is to look at the current and future conditions of a project
15 and try to tie that to the state's goal for reduction that is basically spelled out in AB32. This occurs in the
16 absence of a Local Climate Action Plan so in the future if you have a project of this sort it comes back and
17 through these joint City/County efforts by way of a Local Climate Action Plan that provides for more
18 sources of information. So what we are doing in the EIR is providing the best available sources until
19 those future efforts are completed.
20
21 Commissioner Sanders: Requested a statement be made to this effect in the EIR in that the table is
22 inadequate to the issue of adequately monitoring greenhouse gases raised by the public member.
23
24 Brian Grattidge: Additional information can be added to this that the monitoring that is done basically by
25 the Air District is for a different purpose.
26
27 Commissioner Sanders: I think this is very important.
28
29 Commissioner Helland: Page 4.2-3 to 4.2-4, At bottom of each description of the Criteria Air Pollutants,
30 note whether the region is in attainment of state and federal standards as was done for SO2. Also
31 discuss why not in attainment and the implications of this for the project.
32
33 Public Member: The PM10 data should be found at the County library if this information is locally
34 monitored.
35
36 Chair Pruden: We will check on this information and see.
37
38 Commissioner Helland:
39 • Page 4.2-13, BAAQMD CEQA Air Quality Guidelines which must be met, Items #2 and #3, read
40 'The Project traffic would not increase traffic volumes at affected intersection to more than 44,000
41 vehicles per hour(in #2) and to more than 24,000 vehicles per hour...(in #3). It does not say `by,
42 more than 44,000 vehicles per hour...This suggests that the analysis must take into account not
43 only the proposed increase in traffic volumes as done below on the same page, but must add
44 proposed increase to the existing volume to get the total. What is the existing traffic volume plus
45 the project traffic volume at affected intersections?
46
47 In Appendix C dealing with the Air Quality analysis I saw the URBEMIS reports, but I did not see
48 reports of the AERMOD model, nor the guidelines by California Office of Environmental Health
49 Hazards Assessment (OEHHA). Nor did I see 'additional information on the limitations and
50 conservative nature of the models and techniques within a Health Risk AssessmenY as stated in
51 footnote 6 on page 4.2-15.
52
53 CHAPTER 4: SECTION 4.3 URBAN DECAY
54 Chair Pruden:
55 • Section 4.3 discusses Urban Decay within the project market area taking into consideration the
56 retail market characterization, identifies major commercial areas in and near Ukiah, addresses
MINUTES OF THE PLANNING COMMISSION August 10, 2011
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1 the regulatory setting, impacts/impact analysis and mitigation measures/methodology, study tasks
2 and resources, provides for a table that includes information concerning maximum sales impacts
3 from the proposed project in 2013, cumulative impacts and other relative data and information.
4
5 Joan Griswald: Page 4.3-15, asked about urban blight. If the total revenue for the new store is $20.4
6 million of which $12.2 million will be diverted/siphoned from existing food stores businesses what about
7 the remaining $9.2 million and what areas will this impact. Statistically speaking, the numbers
8 represented are not good for the community and will likely result in business closures and corresponding
9 urban blight that will occur from unoccupied buildings.
10
11 Chair Pruden: Asked if the concern is the statistics are too low and inadequately represent the true
12 impact.
13
14 Jeffrey Blankford:
15 • During the March scoping session last year for the Walmart expansion project urban decay was
16 of concern and appreciates this is covered in the EIR. Unfortunately, the information is out of
17 date.
18 • The Powerpoint presentation regarding Urban Decay indicates the 'Market is relatively strong.'
19 • Anyone paying attention to the American economy can understand that the data in the EIR is
20 based on older data because the economy has gone down tremendously all around the country
21 with business foreclosures/home foreclosures and so on.
22 • Finds a lot of problems with the analysis.
23 • The report mentions that Walmart's expected income will be $21.6 million of which $12.2 million
24 or more will come from existing businesses or markets. The report also suggests that four
25 markets, Food Max, Lucky's, Raley's and the Grocery Outlet will be impacted.
26 • The report states most of these stores appear to be performing well enough to adapt to the new
27 competition according to the sales performance by CBRE Consulting, 2010. Where is the data?
28 The data is insufficient.
29 • In particular Food Max may face the largest individual impact due to its proximity to the project
30 and its discount orientation but the store's existing sales volumes suggest it will be able to
31 compete effectively when the Walmart space opens.
32 • This reflects to me a total failure not only to understand the present economy which was not
33 included in the analysis, but the history of Walmart as a retailer across the country.
34 • Walmart can lower its prices to the point where Food Max, which is a discount store, will not be
35 able to compete and stay open.
36 • The idea as suggested in the report is in the Food Max shopping center and in Pear Tree Center
37 where Lucky's is located, which is the same owner by-the-way, that if these retail establishments
38 do go out of business and that is the way it goes it is likely these stores will not be re-tenanted
39 rather soon. The reality is in this current economic situation and with every economic expert
40 predicts the economy will get a lot worse, the likelihood that these stores would be re-tenanted is
41 not very great.
42 • Under the circumstances the EIR statement dealing with urban decay does not deal with
43 economic realty of the present situation.
44 • We also know that Walmart tends to pay less in wages and provides no health care benefits.
45 Whenever there are employees with these types of wages and lack of benefits adds to the
46 community to those who are laid off many of which might be homeowners would not likely be able
47 to pay their mortgages that results in home foreclosures.
48 • California is one of the leading states in home foreclosures.
49 • The overall impact of the Walmart project to gratify its `greed' to the detriment of the welfare and
50 the urban setting of this City is simply something the Planning Commission needs to consider in
51 overall decision to be made.
52 • This particular section needs to be re-done in order to use economic data that is relatively current
53 and not the data used to produce this report.
54
55 Raging Grannies of Ukiah commented on Urban Decay and performed a song entitled 'Walmart:'
MINUTES OF THE PLANNING COMMISSION August 10, 2011
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1 'Last night I had the strangest dream about the Walmart store, I dreamed it grew beyond its walls and thru
2 the Food Max door. Then it turned the corner and went north on 101 when it got to the Lucky store those
3 union jobs were done. And soon we all will have fresh food shipped in from China's farms and all your
4 health and vision needs will be safe in WalmarYs arms. They'll be no need for Friedman's now or Oak
5 Valley Nursery the Walmart octopus will soon be competition free. The Walmart octopus is here to shut
6 down local shops if you have a problem now call the Walmart cops. Come buy your cradle and your
7 grave, a pig valve for your heart, there's just one store thaYs left in town the super galactic Walmart.'
8
9 • They find it offensive that this is a lesser environmental impact report.
10 • Concerned with the jobs lost to other retail establishments when all this income goes to Walmart.
11 The people working for Walmart cannot afford private health care because Walmart does not pay
12 health care benefits. We, the taxpayers, will pay for this when such employees have to go to the
13 emergency room. This is unacceptable and especially in this economy.
14 • Request the Commission consider this issue closely.
15
16 Gene Hoggren: Has witnessed all around the country that Walmart can at-will reduce hours to avoid
17 having to pay their employees for full-time work or to avoid paying health care costs. There is no union
18 representation for Walmart employees. This is Walmart's department policy and this company does this
19 sort of thing all over the country.
20
21 Chair Pruden: Is the definition of urban decay the physical deterioration of a particular piece of real
22 estate. Theoretically speaking, if a vacant building is maintained this is not considered urban decay and
23 constitutes just a vacant building.
24
25 Brian Grattidge: This is correct, it is just the physical deterioration.
26
27 Steve Scalmanini: Inquired about the mention in the document of having possible vision care and a
28 medical clinic in the Walmart store and while he did not see this in the document. Will this cover Walmart
29 employees?
30
31 Jeffery Blankford:
32 • With regard to re-tenanting, for at least seven or eight years there has been a very large vacant
33 commercial space behind the County Courthouse with no prospect for a new tenant. The idea
34 that a corner building not having a tenant after a long period time brings about the concern and
35 problem of what to do about vacant buildings that have gone out of business.
36 • Because of the introduction of Home Depot, the last of the hardware stores, Ukiah Valley Lumber,
37 went out of business. There appears to be no one interested in taking over this business.
38 • Having lived in San Francisco and seeing vacant buildings that after a while the business owners
39 no long care for become urban decay. The same can occur in Ukiah with vacant buildings for
40 businesses that are no longer operating and the concern these building will deteriorate and be
41 vandalized thus alluding to urban decay.
42 • In reality and in this economy, what is the likelihood vacant buildings will be re-tenanted.
43
44 Chair Pruden: Section 4.3.2, provides the boundaries of the market area that was determined to be just
45 north of Cloverdale. The figure is conservative and questioned the origin. It has been our experience that
46 Ukiah has a considerable market coming from Cloverdale to shop, but is not in possession of the zip code
47 information to say exactly how many people are coming from Cloverdale. The information provided by
48 CBRE Consulting, 2010 with regard to Cloverdale as a market area does not appear to be entirely
49 correct. Accordingly, to say 'just north of Cloverdale' does not seem accurate. The boundary likely
50 extends to Cloverdale rather than just north of it. While it may be cross-referenced in another place in the
51 document, recommends looking at this information. She did not find such information in the appendix
52 portion of the document. There is so much material in the document that she may have overlooked this
53 aspect.
54
55 Mira G.:
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1 • The $12.9 million income drawn from other businesses extends to other areas, including
2 Cloverdale. The draw area essentially continues until it reaches another Walmart market area.
3 Walmart stores are often more detrimental to communities that do not house/host one partly
4 because Walmart will draw a certain amount of traffic to a location. Walmart draws sales from
5 other businesses. For a County seat having a Walmart that draws sales from commercial retail
6 establishments in Ukiah and in other market areas that include Sonoma and Lake Counties is not
7 a good thing.
8 • Does not support milking communities dry of their resources for Walmart's gain.
9
10 Mary Anne Miller:
11 • Page 4.3-19, Cumulative impacts reference the year 2013 in the document which is the first full
12 year of operation for the expansion project. Questioned the cumulative impacts in 2013 and the
13 model being used for the transportation impacts, which has a future date of 2030. Please explain
14 why the use of a transportation model which was developed for the UVAP Study, which may be a
15 perfectly good model but how is this model useful for the year 2013 when the effects of the
16 transportation impacts would be apparent. We will see the effects of the transportation impacts in
17 2013 for the expansion project.
18 • Page 4.3-15, with regard to the proposed project impacts expected to divert $12.2 million from
19 other food stores within the market area and the remaining impacts among general
20 merchandise/apparel of $4.8 million and other retail of$3.4 million that would be lost in revenue
21 for a grand total of$20.4 million not$12.2 million.
22 • Continues to be amazed at the way marijuana sales are factored into people's income. Page 4.3-
23 14, recapture of existing sales leakage, states, `one potential source of demand for the expanded
24 Walmart is the share of local residents shopping currently occurs outside the market area.
25 Estimating the extent of any such current sales leakage is difficult for the market likely due to
26 under-reporting of residents' actual incomes. For example, an economic study prepared for
27 Mendocino County in 2007 indicates that area household income figures may be as much as 10
28 to 22 percent higher than demographic estimates due to marijuana cultivation, which is reportedly
29 common. The range translates into an approximate increase of between $6,000 and $12,800 in
30 annual per household income based on the market area average of$58,570 in 2009.'
31 A retail demand, sales attraction and spending leakage study prepared by CBRE Consulting
32 indicates that almost all retail categories attract sales (i.e. to generate spending in excess of the
33 assumed market area household demand). The analysis is based on area income estimates that
34 are likely to be lower than actual household incomes, which would lead to an under-estimate of
35 market area demand. A leakage study cannot be prepared because the extent of reported income
36 is not realistic due to the fact that reported income does not include marijuana profits.
37
38 Commissioner Whetzel: That study was prepared by the County.
39
40 Mary Anne Miller: County or no, it says household incomes may be higher than demographic estimates
41 by 10 to 22 percent due to unreported income from marijuana cultivation. This range translates into an
42 approximate increase of between $6,000 and $12,800 in annual per household income. Questions
43 whether these income figures are accurate.
44
45 Commissioner Whetzel The figures represent an average.
46
47 Chair Pruden: Mary Anne Miller is essentially questioning the facts. It may very well not be a fact, but
48 rather an estimate even though it is a County study.
49
50 Charley Vaughn:
51 • Pays his taxes and does not shop at Walmart.
52 • Addressed the issue of urban decay and this is one of biggest factors Walmart causes.
53 • In his opinion, Walmart is destroying the local economy and given the economy today is helping
54 to destroy our middle class.
MINUTES OF THE PLANNING COMMISSION August 10, 2011
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1 • Walmart is the largest retail employer in the nation and has the largest number of employees who
2 do not have health care benefits. They keep their employees 'under the line' so they will not get
3 their employee benefit package. This is how Walmart provides us with these wonderful low
4 prices. They claim to be helping the economy with these wonderful low prices. Walmart
5 encourages its employees to get food stamps and how to use some of the government services
6 that are available. This is about government subsidy for an operation like Walmart.
7 • We have to stop supporting these people. We have to stop inviting them into our community and
8 definitely do not allow them to expand.
9 • If Walmart were to pay a living wage to all of its employees and equal pay to woman, there would
10 not be the wonderful Walmart low prices and would not be expanding at the rate they are.
11 • We need to pay attention. We need to say`no.'
12
13 Chair Pruden:
14 • Page 4.3-7, 2"d paragraph, left out Staples and Lazy Boy.
15 • The report has one very small sentence about the Downtown.
16 • There are about three sentences about the Palace Hotel and she is not sure why.
17 • There is no mention that Ukiah is the County seat. One of the major businesses in the Downtown
18 is the Courthouse.
19 • There are no numbers about the number of businesses and/or employers in the Downtown.
20 • Less needs to be said about the Palace Hotel. It is empty. It is identified as a blighted area for
21 redevelopment.
22 • The Downtown is underwritten as it functions as a shopping node.
23
24 Commissioner Helland:
25 • According to page 4.3-9 of the EIR, `Where economic or social effects of a proposed project will
26 directly or indirectly lead to an adverse physical change in the environment, then CEQA requires
27 disclosure of the resulting physical impacts.' On the same page, urban decay is defined as
28 `physical deterioration that is so prevalent and substantial it impairs the proper utilization of
29 affected real estate, or the health, safety and welfare of the surrounding community.'
30
31 • The DEIR acknowledges the real possibility that Grocery Outlet and Lucky's supermarket in the
32 north end of Ukiah may go out of business. Losing access to groceries, particularly at Lucky's to
33 which many residents of nearby affordable housing complexes can walk, is a physical impact.
34 Studies show that on average, people who live in proximity to grocery stores consume more fruits
35 and vegetable which leads to better health. The possible adverse health effects on people of the
36 potential loss of Grocery Outlet and Lucky's supermarket make this physical change significant.
37 Please address it in the final EIR.
38
39 • Page 4.3-12 of the EIR states 'In accordance with CEQA Guidelines, a project's economic
40 impacts on a community are only considered significant if they lead to adverse physical change in
41 the environment.' The EIR fails to mention the role of social and economic factors in determining
42 the significance of environmental impacts.
43
44 • According to the CEQA Guidelines Article 5 Section 15064: Where a physical change is caused
45 by economic or social effects of a project, the physical change may be regarded as a significant
46 effect in the same manner as any other physical change resulting from the project. Alternatively,
47 economic and social effects of a physical change may be used to determine that the physical
48 change is a significant effect on the environment. If the physical change causes adverse
49 economic or social effects on people, those adverse effects may be used as a factor in
50 determining whether the physical change is significant. For example, if a project would cause
51 overcrowding of a public facility and the overcrowding causes and adverse effect on people, the
52 overcrowding would be regarded as a significant effect.
53
54 Chair Pruden: Page 4.3-13, table 4.3-3: Table indicates the indoor garden center has zero square
55 footage. In the spring and summer there is space used as a garden center and this same space will be
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 14
1 full of Christmas items, including Christmas Trees in the fall/winter. Requested clarification if this area is
2 not used year around is it not considered an indoor garden center? Apparently, areas that are changed
3 seasonally are viewed as a general retail area.
4
5 Commissioner Helland: Page 4.3-15, Table 4.3-5: It appears from the table that all or 100% of new
6 sales at the expanded Walmart are expected to be diverted from existing retailers. If so, please state.
7
8 Chair Pruden: Page 4.3-15, Will this Walmart have a deli component? There is no mention of
9 competition about other delis in the area. It is quite common in the super Walmarts to have a bakery
10 component. There is no mention of competition to our local bakeries of which we have several, anything
11 from donut shops to sophisticated pastry and baking products.
12
13 Bill Durham:
14 • Works and shops in Ukiah.
15 • Walmart pays really low wages.
16 • Not only being the largest retailer in the country, they are the retailer with the largest percentage
17 of employees on public assistance and this public assistance constitutes a public subsidy or
18 subsidy under wages. I believe this is despicable.
19
20 Chair Pruden: Should we be talking about wage structures or is this component not appropriate to be
21 talked about in the EIR.
22
23 Brian Grattidge: Wage structure and jobs in general within the context of an EIR are very narrow. So
24 the short answer is 'no.' The way jobs typically come into play in an EIR is looking at potential changes in
25 housing stock. For example, if you have a very large employer coming into an area, is there sufficient
26 housing stock to absorb those employees. In terms of the type or quality of the jobs or the benefits that
27 would be associated with the jobs or replacement of the jobs that may very well be an economic factor
28 related to the project that the Planning Commission considers, but it is not within the confines of an EIR.
29
30 Chair Pruden: Inquired about the 85 new employees anticipated and with an approximate 12%
31 unemployment rate is not going to get a net increase in housing stock, but simply going to get
32 unemployed people. Or again, we have to look at the statistics for people in the `auto end.' Does not
33 know how it works with the factoring in of the 85 new employees. This may be something we need to take
34 a look at.
35
36 Brian Grattidge:
37 • Page 4.2-15, Table 4.3-5, confirmed the total potential sales is $20.4 million. The focus on the
38 $12.2 was because the urban and decay analysis indicates that the grocery stores are the ones
39 that will take the biggest hit in terms of the existing store that will expand from about 700 sq.ft. of
40 groceries, which is less than 711s to basically a full service grocery. While Walmart does propose
41 to increase its overall square footage for general merchandise and other retail areas, it will lose
42 the Tire and Lube Express. This amounts to approximately two million in sales that is basically
43 dispersed in the community and essentially offsets the $20.4 million down to $18 million.
44 • On the topic of sales leakage and unreported income, those other sales general merchandise
45 ($4.8 million) and other retail stores ($3.4 million) also come out of the market area and is not
46 what is called leakage, which basically means people leaving to shop in some other locale. We
47 assume the dollars come from within the market area. We further assume and this is a
48 conservative assumption that there is sales leakage that we do not know about because it is in
49 the `underground' economy. The point is we are basically trying to be conservative by using
50 reported income statistics. There may be additional dollars that would tend to lessen the impact
51 that Walmart would have on the area, but we do not want to make those assumptions because
52 we are not completely confident with what those underground economy figures really are so we
53 are using tax reported income and trying to be fairly conservative with how we look at those
54 numbers. The point being we are not just talking about $12.2 million and we are talking about
55 additional conversions within the market area.
56
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 15
1 Steve Scalmanini:
2 • With regard to the topic of wages and overall wages to exclude information from the DEIR is
3 insufficient. I think a relationship can be drawn between less wages in the community, less overall
4 money to spend and additional urban decay. It is up to the EIR authors to figure it out. We know
5 we are stuck with less wages in the grocery business in this town and in the market area because
6 of this expansion if it happens.
7 • Less money to spend means less overall sales and more decay of existing infrastructure.
8 • Figure it out and put it in the EIR.
9 • Page 4.3-1, Urban Decay, `The analysis and findings in this section are based on the information
10 contained in the Walmart Expansion Economic Impact and Urban Decay Analysis prepared in
11 June 2010.' One speaker already commented that this information is outdated and since this was
12 written over a year ago why was this information kept secret? How was the particular agency that
13 wrote this information chosen? There is no information or reference to this process.
14 • Page 4.3-1, paragraph 5, sentence that reads, `The Court ruled that the cumulative impact
15 analysis for the proposed shopping centers should consider all other past, present or reasonably
16 foreseeable future retail projects with the projecYs market area.' Would like the definition of
17 `reasonably foreseeable' and how this is documented.
18 • Page 4.3-2, Section 4.3.2, Environmental Setting, Project Market Area, paragraph 1, sentence
19 that reads, `The market area definition is based on the principle that most consumers will travel to
20 the shopping destination most convenient to their homes.'Where does this principle come from?
21 Sounds like an assumption to me and would like to see this corrected.
22 • Page 4.3-2, Says Lakeport was considered but then with the presence of other general
23 merchandise stores over there it is unlikely residents will make frequent trips. Has not seen
24 anything in the EIR that the local Walmart is not going to advertise. Therefore in Lakeport please
25 include the commitment that somehow they agree Lakeport is out of the market area.
26 • Page 4.3-5: Retail Market Characterization, 'Analysis of California Board of Equalization (BOE)
27 data on taxable sales within Mendocino County and its cities, shows that the City of Ukiah is a
28 major retail hub for Mendocino County, drawing customers from nearby cities and unincorporated
29 areas, as well as tourists who travel to and through the area on Highway 101. According to CBRE
30 Consulting, the City of Ukiah accounted for an estimated 49 percent of the market area's sales in
31 2008. CBRE Consulting utilized data from the BOE to determine market value.' Does not see the
32 data in the document. This information may be in the Appendix and missed it. If the document
33 refers to the data, it should be there and is insufficient without it.
34 • Page 4.3-6, talks about major commercial areas in and near Ukiah within the market area there
35 are three major retailers and 10 grocery stores. Does not see that Hopland is included in the
36 information. There is a grocery store in Hopland and is pretty sure this store is locally owned by
37 someone who lives in Hopland.
38 • Page 4.3-7, paragraph 3, last sentence, `Each of these three stores had moderate shopper
39 volumes during CBRE Consulting's field research.' What is the definition of `moderate shopping
40 volumes?' Can we get some numbers on this please.
41 • Page 4.3-8, paragraph 2, last sentence, `A few sources indicated that a sale of this site had either
42 been completed or was in process;' Can we get more specific about the sources here. Did not
43 know secret sources were quoted in formal documents.
44 • Page 4.3-8, paragraph 3, last sentence, `CBRE Consulting also noted a small retail center at the
45 southwest corner of Ford Road and North State Street that was being rebuilt after fire damage.'
46 That is a `heck' of an observation because I have been looking at this building for over a year with
47 blue tarps over it. The deli and gun store in the small retail center was known as Diamond Jim's
48 that has moved to the next building to the south. Diamond Jim's formerly occupied the left south
49 most end of the building in the complex that is still not repaired due to fire damage. A discount
50 store occupied a building in the middle of the retail center that is no longer in business and the
51 building occupied to the north in the retail center is still in business. Does not see any rebuilding
52 going on.
53 • Page 4.3-8, Willits Retail Market, paragraph 1, last sentence, `Given the distance to Ukiah and
54 other retail areas, it appears that Willits residents shop locally for most groceries and
55 convenience items but probably travel to Ukiah for a more diverse selection of apparel, general
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 16
1 merchandise, and other goods.' This indicates that distance is the reason for shopping locally
2 when possible and this does not make any sense since Willits is included in the market area. It
3 appears Willits residents shop locally, but how is this determined? Looks as though this
4 information is unsubstantiated.
5 • Page 4.3-8: Willits Retail Market, paragraph 2, second sentence, `This supermarket includes a
6 pharmacy, a Starbucks, and a more upscale selection of grocery items, similar to the Safeway
7 store in Ukiah.' Questioned the definition of`upscale.'
8
9 Carrie Hartman:
10 • One thing the EIR does not really address is that all the small stores are already gone like Purity,
11 Bi-Lo, all of those places.
12 • In reference to how vacant buildings get re-tenanted, so far it is just County and State agencies.
13 Bi-Lo is now an elementary school, the former Rexall pharmacy building is now occupied by the
14 County, The building where Purity used to be located is now occupied by the County. Is this
15 something the EIR should look at because we keep filling in buildings with our County and State
16 agencies every time a business leaves an area.
17 • It may be important to look at the previous EIR for the original Walmart project and look at some
18 of the issues/impacts being mitigated at that time but still have not been addressed such as
19 sidewalks on Talmage Road.
20
21 Jeff Blankford:
22 • Wanted to get back to the issue of wages and the connection to the EIR. We have to remember
23 this Walmart project is coming to the City of Ukiah requesting things of the City. You may be
24 aware of a recent Supreme Court decision that was overturned involving a class action suit
25 initiated by woman against Walmart for unequal pay received. The Supreme Courts does typically
26 cater to the corporations. It is important the Planning Commission get information as to Walmart's
27 wage structure.
28 • We have heard discussion tonight about the way Walmart pays its employees and how it lowers
29 working hours so that health care benefits are not paid and with Walmart employees having to
30 apply for government assistance such as for food stamps. There is no money to pay for many of
31 these government assistance programs. Our County is well into deficit. So the matter of wage
32 structure is a critical aspect. Are we going to contribute more to this problem by allowing Walmart
33 to expand? Wage structure information should be included in the EIR. Walmart should be
34 required to provide this information to answer the question, does Walmart in fact encourage its
35 employees to seek public assistance. Wage structure information for Walmart should be made
36 available to the community, the City and the County.
37
38 Dorothy A.:
39 • Walmart has a history of abandoning communities when things get tough.
40 • Walmart's food department would bring in more poisoned sprayed food from out of the area
41 may be even from China dependent upon a fossil transportation system in which we can expect
42 breakdowns.
43 • We know we are going to see infrastructure and grid breakdowns in the future. We have
44 bridges that are inadequate. This food is all coming from out of the Ukiah area.
45 • We have a very strong local movement to create a localized food supply that is an organic non-
46 poisoned supply and the last thing we need is competition from a cheap out-of-here corporation
47 where money leaves the community and goes into the corporate coffers somewhere else and is
48 not spent locally and does not support our local economy.
49
50 Commissioner Helland:
51 • Page 4.3-17: What rate of population growth is projected from 2010-2013 and what is the source
52 of that growth rate?
53 • Page 4.3-18 Footnote 20: `Retail vacancy is estimated at 5% or less by one retail broker who
54 works in the market area.' Who is this retail broker and was this estimate corroborated or
55 triangulated with others? If not, why not?
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 17
1 • Page 4.3-19: `An estimated 584 new households are projected to be added to the market area
2 between 2010-2013 and these residents are expected to add approximately $12.9 million in new
3 retail demand.' On what is this estimate based? The US Census shows that the population of all
4 of Mendocino County only increased by 1.8 over 10 years.
5
6 Break: 8:20 p.m.
7
8 Reconvene: 8:42 p.m.
9
10 Chair Pruden: Asked that the public comments be more germane and/or focused on the EIR document.
11
12 CHAPTER 4.4 GEOLOGY AND SOILS
13
14 Chair Pruden: One of the concerns identified in the EIR is loss of life or injury to people due to a seismic
15 event but only deals in the report with structure and geology when most injuries are caused inside of a
16 facility. Big box retail establishments are notorious for the stacking of inerchandise and saw no discussion
17 about injuries or the stacking process in the report. This issue may be addressed in the Building Code
18 regulations that merchandise that is stacked must be secure and earthquake proof in buildings.
19
20 Commissioner Helland: Page 4.4-8: Typographical error at of second to last line, .....building the also
21 city contracts....
22
23 CHAPTER 4.5: HAZARDS AND HAZARDOUS MATERIALS
24
25 Commissioner Helland: Page 4.5-5, Hazardous Building Materials Survey, second to last sentence, `A
26 survey did not identify any equipment that could potentially contain PCBs, mercury or CFCs.' Fluorescent
27 lights contain mercury and the store has florescent light tubes.
28
29 Commissioner Whetzel: Page 4.5-3, Table 4.5-1, Gordon Ag Service has not been around for a long
30 time and the site remediated some time ago.
31
32 Chair Pruden: Ernie's Chevron has not gone by that title for many years and to the west of this site there
33 is ground contamination from an oil company operation.
34
35 Commissioner Sanders: It is interesting of the 10 sites listed in Table 4.5-1, where groundwater is a
36 concern, 4 of the contaminated sites are on the Airport.
37
38 Chair Pruden:
39 • The sites listed in Table 4.5-1 should be identified by address and not by historical name because
40 some of these businesses have not been in business for more than 10 years.
41 • The table should be updated.
42
43 Commissioner Whetzel:
44 • There are monitoring devices all over the Airport.
45 • In response to public member inquiry about safety at the Airport (not audible), page 4.5-5, `project
46 located within an Airport Land Use Plan would not result in a safety hazard.' Table 4.5-2a & 2b,
47 Ukiah Airport Land Use Compatibility Safety Zones, lists land use compatibility safety zones and
48 their limitations. Page 4.5-11 provides information about the Mendocino County Airport
49 Comprehensive Land Use Plan (CLUP) that was adopted by the Mendocino County Airport Land
50 Use Commission. `The CLUP regulates land use through safety zones, noise zones, and height
51 restrictions and provides land use compatibility guidelines for lands near the Airport to avert
52 potential safety problems and to ensure unhampered Airport operations.'
53
54 Mira G:
55 • Was involved in the initial Walmart project and as a reporter one of the first things done was to
56 call the FAA office in Sacramento and asked if there were concerns about development occurring
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 18
1 near airports. The FAA responded it had concerns since airports are being lost left and right due
2 to development. We are at a stage where we cannot recreate an airport. We cannot just move
3 someplace else because land like this is no longer available. We can never really do expansions
4 anymore. The FAA spokes person was no longer available when I came to actually do a report.
5 • Has a great appreciation for the rescue and fire fighting services that are part of Airport
6 operations. The Airport is essential and there are no airports like the one we have in Ukiah. It is
7 really important to have the Airport.
8 • Apparently the City did a study about what may or may not happen around the airport.
9 • The Airport Compatibility Safety Zones A through D specifies what is allowable in each zone.
10 • Walmart is located within Airport Compatibility Zone C where large shopping malls are normally
11 not an acceptable use.
12 • According to Ukiah's standards for airports, there should not be a shopping mall in that area.
13 • According to Table 4.5-2B, 15°/o open space is recommended, which is not 'very strong' but is
14 quoted in the EIR.
15 • Just wants to plead with you to protect the Airport.
16
17 Chair Pruden: All developments must comply with the standards in the Airport Master Plan as they
18 pertain to density, safety, noise, height and other relevant issues or potential impacts. Walmart's density
19 falls within the standard because we do not want to shut an airport down so the compatibility issues if not
20 addressed in the EIR is addressed in other documents because an incompatibility cannot be created with
21 the Airport.
22
23 Commissioner Whetzel: Page 4.5-13, Table 4.5 2B provides information about the compatibility zones
24 including the density requirements for each zone.
25
26 Commissioner Helland: Page 4.5-16, Impact 4.5-2: Spell out Preliminary Asbestos Inspection (PAI)
27 instead of using an abbreviation, as the original definition is many pages back.
28
29 CHAPTER 4.6: HYDROLOGY AND WATER QUALITY
30
31 Commissioner Helland:
32 • Page 4.6-16: Mitigation measure 4.6-3: typographical error in first line.
33 • Page 4.6-17: Typographical error in second line, ....'toward into...' Choose one word or the other
34 word.
35 • Page 4.6-18-19: While the mitigation measures will assure there is no net increase in project
36 condition peak flows, and the filters should remove grease and contaminants, the mitigation
37 measures do not address the following requirements of the MS4 permit: 'Properly design the
38 areas to reduce impervious land coverage of parking areas and infiltrate or treat runoff.'
39 • Page 4.6-19: Mitigation measure 4.6-5, does not discuss how or to what extent water will be
40 infiltrated versus detained by Treatment Control Best Management Practices (BMPs). Thus, it is
41 inadequate to conclude, as in 4.6-6, that `increase in the impervious surfaces under the proposed
42 project would not significantly affect groundwater recharge in the project area.'
43 • Page 4.6-21: As above, the treatments and mitigations discussed in 4.6-3 and 4.6-5 deal with
44 slowing and treating of storm water, and do no demonstrate how storm water will be infiltrated on
45 the site. It has not been adequately demonstrated that, together with the proposed Costco,
46 cumulative increases in impervious surfaces will not significantly affect groundwater recharge in
47 the project area.
48
49 CHAPTER 4.7: LAND USE AND PLANNING
50
51 Commissioner Helland:
52 • Page 4.7-3 & 4: The Airport Industrial Park development standards were determined through a
53 democratic process with extensive citizen involvement and reflects the will of the people of Ukiah.
54 The project should be modified with the development standards. Development standards adopted
55 by a city should not be modified for or determined by particular projects.
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 19
1 • Page 4.7-4, Table 4.7-1 Goals GP-1 and GP-2: Goal-1: Promote, attract or assist in developing
2 businesses, particularly those that add value to resources already found or processed in the
3 Ukiah Valley. Goal-2: Promote business development, emphasizing local ownership of
4 businesses in order to keep capital growth within the community. The project is clearly not
5 consistent with either of these goals of the General Plan adopted by the City of Ukiah with
6 extensive public input. The EIR itself acknowledges (Page 4.3-8)that the project is likely to cause
7 store closures that `increase vacancies in and around the market area,' including possibly Lucky's
8 and Grocery Outlet.
9
10 A suggestion for a mitigation measure is the project could possibly be consistent with these two
11 goals if a condition of approval were a commitment to a high percentage (>30%) of local sourcing
12 of products, and patronage of local advertising agencies, banks, accountants, insurance agents,
13 legal counsel,janitorial and security services, construction, repair and maintenance, etc.
14
15 Chair Pruden: Asked if Consistency Determination was a product of ESA or some other source? Does
16 the Commission have to work through these consistencies determinations during review of the DEIR?
17
18 Staff: The `Consistency Determinations' in the document were formulated by ESA in conjunction with
19 staff. The Planning Commission will make the consistency determination. The Planning Commission can
20 make comments now about the `consistency determinations.'
21
22 Chair Pruden: It may be each Commissioner has a different opinion about the consistency
23 determinations. This matter can be revisited.
24
25 • Page 4.7-5, GP 29.3: Promote public transportation, services within walking distance in
26 neighborhoods, and any other feasible means of preventing needless vehicle use and pollution.
27 The consistency determination states, `While regional shopping uses rely heavily on the
28 automobile, the project is located at an existing retail site served by transit, and mitigation
29 measures will upgrade the bicycle and pedestrian infrastructure (see Section 4.10,
30 Transportation). Further, by including groceries, the store will provide a one-stop shopping
31 opportunity, which will prevent the need for customers to visit multiple stores for their general
32 merchandise and grocery purchases.' The goal is to promote public transportation services within
33 walking distances of neighborhoods and to prevent needless vehicle use and pollution. The
34 solution is to do one stop shopping according to the consistency determination. Most of us do not
35 consider one-stop shopping as perhaps an effective or consistent determination on this particular
36 GP goal and thus questioned whether this solution is compatible with the Ukiah General Plan.
37
38 Commissioner Helland:
39 • Page 4.7-4, GP-25.2 and GP-26: GP-25.2: `In areas to be developed or redeveloped, ensure
40 usable open space and common space.' GP-26: `Require that landscaping be a significant
41 component of development and redevelopment.' The project includes less than 20°/a landscaping.
42 This is not a `significant component' and does not provide for`usable open space.' The project as
43 proposed is inconsistent with these two goals of the Ukiah General Plan.
44 • Page 4.7-5 OC-13.1: `Maintain long-term sustained yield of the Valley's groundwater system shall
45 be the standard for evaluation for groundwater protection programs.' Not necessarily consistent.
46 While the mitigation measures will assure there is no net increase in project condition peak storm
47 water flows, and the filters should remove grease and contaminants, the mitigation measures do
48 not address the following requirement of the MS4 permit: `Properly design the areas to reduce
49 impervious land coverage of parking areas and infiltrate or treat runoff.' Mitigation measure 4.6-5
50 does not discuss how or to what extent water will be infiltrated versus detained by the Best
51 Management Practices (BMPs). Thus it is inadequate to conclude, as in 4.6-6 that`increase in the
52 impervious surfaces under the proposed project would not significantly affect groundwater
53 recharge in the project area.'
54
55 Mary Anne Miller:
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 20
1 • Not going to go after General Plan text, but it seems there must be something that says we
2 promote a compact Downtown. Is looking for a compact downtown because if we continue to
3 approve projects of this large scale on the periphery we are never going to have a compact
4 Downtown.
5 • Asked staff if a goal or policy exists in the General Plan that promotes a compact Downtown.
6
7 Planning Director Stump: The Ukiah General Plan was adopted in 1995 and does not recall offhand any
8 goal or policy in reference to a compact pedestrian-oriented Downtown.
9
10 Chair Pruden; With reference to the Ukiah General Plan does not remember using the term `compact;
11 but does remember language that addresses the importance of local businesses in support of a local
12 economy. Mary Anne Miller brings up a good point that needs to be looked at.
13
14 John McClain:
15 • Is a person with disabilities and commented on the issue of one-stop shopping
16 • If there is an area where one-stop shopping is possible, it really benefits your life.
17 • He is not able to run from store to store or from one end of town to another.
18 • As a person with disabilities, he is on a very limited income.
19 • He appreciates the more upscale stores in this town and that they are local, but many times we
20 cannot afford to shop at them.
21
22 Alan Nicholson:
23 • Walmart's expansion is not consistent with the Ukiah General Plan or the Ukiah Valley Area Plan.
24 It is not a `go local' strategy. It does not promote a wakable, pedestrian friendly community, but
25 promotes a regional automobile centered mod adding to our air pollution and lowering our quality
26 of life.
27 • The Walmart expansion will clearly be a net loss to Ukiah. Rather than bring stability, this project
28 will have very long term destabilizing consequences.
29
30 Chair Pruden:
31 • Did notice in this section that cutting down the olive trees would mitigate several issues and
32 suggests that perhaps it does not mitigate all the landscaping and energy issues that were
33 brought up.
34 • Page 4.7-8, EG-5, 'The site design shall incorporate shade trees for energy conservation.' Again,
35 this section is talking about removing the olive trees. What this meant was getting shade over the
36 building that is the energy conservation strived for, 'but this one is a reach.' It is about putting
37 shade over a building at certain time of the day to help mitigate both the active and passive gains.
38 Putting olive trees in the parking lot will not save energy on a building.
39
40 Commissioner Helland:
41 • Page 4.7-8 EG-5 (Incorporate solar energy considerations into the design, review and approval of
42 all development): The project, while incorporating skylights in the food areas, does not
43 substantially incorporate solar energy considerations, which could include daylighting of the entire
44 store or most of it, passive solar design to reduce heating and cooling needs, solar hot water
45 heaters, or photovoltaics to create electricity onsite. The project as proposed is not consistent
46 with EG 4.1.
47 • Page 4.7-9 PR-13.3 (All new developments shall incorporate safe bicycle lanes in project street
48 design): A class III bike route is usually merely signage and not a designated safe lane. This
49 would be inconsistent, but the project is not a new development and thus this policy does not
50 apply.
51 • What the project calls for is a class III bike route. A class III is not a striped lane, it is generally
52 signage. Bicycle planning experts at UC Davis say that a bike route should be signed. A class III
53 bike route should only be signed and established if bike routes offer a higher degree of service
54 and alternative streets and if some of the following apply: provide for through and direct travel,
55 (kind of), connect discontinuous segments of bike lanes from Hastings Road, (yes, kind of)
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 21
1 signals and stop signs have been adjusted to accommodate bicycles better than adjacent streets,
2 (not so much). Obviously, some kind of bicycle accommodation might be better than none since
3 people will bike there. People who don't drive, can't drive, lost their cars or licenses. Is definitely
4 torn about putting them in an area with a lot of traffic that has not had special accommodations
5 made by bicyclists and where there will not be a class II lane striped for them.
6 • Providing for sharrows which is a class III bike route signage option is probably acceptable and
7 definitely better than people riding on the sidewalk which is what is currently happening in that
8 location. Is hoping we can be creative whether the applicant can deed some right-of-way from the
9 sidewalk landscaped area between the parking lot and the road or the City can prioritize
10 eventually purchasing right-of-way to add a class II bike lane. Is not sure what the solution is, but
11 just signing that it is a bike route without a lane kind of gives a false impression of safety on that
12 street.
13 • Page 4.7-10: CT-6—CT-6.3: Signage with no lane markings (Class III bike route)does not qualify
14 as `providing bicycle lanes or paths....' This is not consistent. I think there is also a typographical
15 error in the Consistency Determination that reads, 'The proposed project includes a Class II
16 bicycle route along Airport Park Boulevard. If an adequate right-of-way exists, a Class II bicycle
17 route will be installed on Airport Park Boulevard.' Most of the EIR has referenced a proposed
18 Class III bike route (signage, no lane markings)for Airport Park Boulevard. Additional right-of-way
19 would be required for a Class II striped bike lane.
20
21 Commissioner Whetzel: In the General Plan — The goal is to support the creation the combined public
22 and private facilities in the Downtown areas for educational, business/civic and personal growth
23 purposes. The Policy GP 3.1 — Locate public and private facilities so they enhance existing Downtown
24 businesses; GP 3.2 — Promote the private development of a Downtown to promote a seven day a week
25 economy. Basically, this is all the General Plan says about the Downtown. There is no goal or policy
26 related to a compact downtown.
27
28 Chair Pruden: Suggests the Commission and public read through the General Plan consistencies and
29 those that do not seem consistent with the text submit in writing and turn before August 18, when the
30 public comment period ends for the DEIR.
31
32 Commissioner Sanders:
33 • Page 4.7-6, OC 16.1, `Protect surface water supplies from water generated in parking lots.' OC
34 16.2, `Manage stormwater flows to reduce the hazard of flooding from increased stormwater
35 flows.' This is a comment for the General Plan consistency determination because it addresses
36 construction. The project will be pulling up a lot of turf and is concerned about the bioswales that
37 are being anticipated. How is this going to work with handling the contamination from the parking
38 lot and the flooding?Also, we are getting rid of and I think this is in the Ukiah General Plan having
39 tree planting strips so we are talking about putting trees in pots. It will take 10 years in order to
40 have adequate shade coverage. What we have in the parking lot have a bonsai effect on the
41 trees so how are we going to know maintenance is going to result in adequate canopy coverage
42 in relation to the requirements in the General Plan for 50% coverage? Does not feel this aspect is
43 adequately covered in the document.
44
45 Commissioner Whetzel: This issue would be covered during review of the major SDP for the project.
46
47 Commissioner Sanders:
48 • The whole idea of surface water and getting rid of what is out there now and the potential impacts
49 does not believe these issues are being appropriately addressed in the document as mitigation
50 for construction and is bringing this to the attention of the consultant.
51 • Will submit additional comments in writing.
52
53 Commissioner Helland:
54 • Page 4.7-10: Policy CT-7 (Develop pedestrian access): It is great that sidewalks on Airport Park
55 Boulevard and Commerce will be provided, but a separated walkway through the parking lot to
56 store (from sidewalk) must also be provided to be consistent with this policy.
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 22
1 • Page 4.7-11 Policy CT-11: (Encourage increased use of car—or van-pooling): Should maintain or
2 increase current rate of carpooling by requiring continuation of carpool coordinator position.
3 • Page 4.7-12 Policy CD 4.1 (Establish and enforce landscaping standards in all non-single family
4 residential, multi-family residential, commercial, and industrial development and all
5 redevelopment projects): The proposed landscaping plan is not consistent with the Airport
6 Industrial Park landscaping standards requiring at least 20% of the site to be landscaped.
7 • Page 4.7-14, Cumulative Impacts— Land Use and Planninq
8 The Project itself is not consistent with the 11 goals and policies enumerated in the document.
9 The cumulative land use impacts of the project and other developments in the vicinity are
10 significant. Impact 4.7-4: states, 'The proposed project, in combination with other developments in
11 the vicinity, would not contribute to potential cumulative land use impacts.'
12
13 Dorothy A.: Since the projected area for development is in an area that should stay open space for the
14 Airport, the only thing you can plant are these little lollypop trees that don't provide any substantial shade.
15 Recalls when trees were magnificent and the great Elms that provide shade in the eastern and New
16 England towns. Great shade trees can provide 15 degree difference in temperature. You cannot plant
17 trees that provide a lot shade in a protected area of the Airport in the flight zone.
18
19 Chair Pruden:
20 • We can in this particular area where Walmart is located call forth a significant tree planting
21 program. Trees that reach 80 to 100 feet would not be planted there.
22 • We are looking for shade so height is not so much of a factor as is canopy spread to get the
23 shade out over the parking lot and drop those temperatures.
24
25 Commissioner Whetzel: The trees for the site can be as tall as the Hampton Inn.
26
27 Dorothy A.:
28 • The other thing is we are in the flood zone. Downtown Ukiah does flood very seriously, in fact.
29 • Recalls people whose homes had three-feet of water in them.
30 • The last thing we need is more asphalt, more concrete and more paving.
31 • The reason we have all of this flooding is the paving of surfaces.
32 • Development is really retrogressive in an area like this.
33 • Lived in Denver for nine years that has beautiful bicycle trails. They are not just painted lanes in
34 roadways, which are really quite dangerous. At 73 years of age, am still a bicycle rider and has
35 been hit in one of those painted lanes by somebody who could not see to drive and dragged
36 underneath the truck. This was a terrifying experience. You need real bicycle lanes which are
37 separate and if you are going to have development then the developer needs to provide those
38 improvements and not dump it on the City.
39 • I am opposed to the Walmart expansion project. I do not see any great blessing to Ukiah that can
40 possibly come out of more big-box expansion.
41
42 Alan Nicholson:
43 • Page 4.7-12, CD-1.1, `Encourage appropriate scale, materials, setbacks, and landscaping to
44 enhance the Valley's beauty and historic fabric.' This project does nothing to enhance the Valley's
45 beauty and historic fabric. The consistencies determinations claimed are bogus and not
46 consistent with this goal/policy.
47 • CD-1.2, `Encourage developers to construct new buildings and settings of such quality that
48 Ukiah's future citizens will wish to protect them.' The project is a suburban sprawl, big box where
49 they are proposing to give us a curved section of roof to make it unique. This is a joke. The
50 project has no redeeming, enduring aesthetic qualities. It is not something the citizens of City
51 would want to protect in the future and is inconsistent with Ukiah's General Plan.
52
53 Chair Pruden: It has been noted the `consistency determinations' do not match up with some of the
54 General Plan goals.
55
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 23
1 Mary Anne Miller: The General Plan goals and policies are chosen by whom? By staff, by Walmart, by
2 consultant?
3
4 Chair Pruden: As Planning Director Stump has indicated with regard to the consistency determination it
5 was a combination of staff and the consultant.
6
7 Staff: The process regarding the consistency determination was to review every General Plan goal and
8 policy and decide whether or not they apply to the project. If there was even a remote chance that they
9 could apply to the project, they were included in the table.
10
11 4.8: NOISE
12
13 Chair Pruden: Asked during the scoping session for the project about noise at night with regard to idling
14 cars, slamming doors, people getting in and out of vehicles and just regular human activity at a store. The
15 consultant indicated what noise might be measured at 60 decibels during the day may sound like 80
16 decibles at nighttime. She did not see any section in the document related to the shopper and what they
17 sound like at nighttime, especially between 10 p.m. and 6 a.m. The mitigation measures only address the
18 maintenance issues and no maintenance would be done in the parking lot at this time. Again, there was
19 no data given about the noise factor of the customer or any discussion about noise generated in the
20 parking lot at nighttime.
21
22 She attended a Super Walmart where a gigantic sale was going on at night in Florida. She was unable to
23 find a parking space in a very large parking lot. There were police in the store maintaining order. All of this
24 was going on at approximately 1:30 in the morning. She is thinking that perhaps these special sales
25 events do generate a great deal of activity at unusual hours. Regarding this middle of the night noise
26 where people come from great distances for a sale, the information addressing this type of activity is
27 deficient.
28
29 Commissioner Whetrel: Has some issues concerning this but they tie in with traffic.
30
31 4.9: PUBLIC SERVICES AND UTILITIES
32
33 Chair Pruden: Public utilities section, Water Supply System: The document contains a lot of statistics
34 about flow and other associated data, as well as talks about the 85 new employees. It is anticipated that
35 1,000 to 1,500 new customers will shop at the store every day. What about toilet flushing? In a year's
36 time there would be a considerable amount of wastewater treatment facilities being used just in the way
37 of hand-washing and toilet flushing. There is no figure in the document that talks about the customer
38 creating a demand on the City's wastewater treatment plant and she is not sure why. Flagged this as an
39 issue.
40
41 Commissioner Sanders: Inquired if there could be a table for police protection under public services.
42 She was going through the text and was sort of creating her own table and noticed in 2008 there are no
43 statistics and inquired as to the reason. The range jumps from 2007 to 2009. It would be helpful to see
44 how UPD had to respond to this southern beat for at least a three year period because 2010 only goes
45 through June.
46
47 Chair Pruden: Page 4.9-11, Impact 4.9-1: Implementation of the Project would not result in the need for
48 new or physical or altered police facilities.' She agrees, but at this point believes a mitigation measure for
49 public safety issues at the site requires a security management plan. This factor is not mentioned in the
50 document and is not offered as a mitigation, but rather states the need for new or altered police facilities
51 is not significant and no mitigation is required.
52
53 Commissioner Helland: A security management plan is mentioned in the document. Will the parking lot
54 be patrolled 24 hours a day?
55
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 24
1 Chair Pruden: While the document lists many bullet points related to significant impacts to public
2 services, it does not refer to a security management plan. What needs to occur is to offer a security
3 management plan as a mitigation measure for public safety issues.
4
5 Commissioner Sanders: It is her understanding this is a general practice that Walmart uses staff to
6 patrol their parking lot.
7
8 Chair Pruden: Walmart may have to train individuals to do this.
9
10 Commissioner Whetzel: Or hire an outside security agency to patrol the parking lot.
11
12 Gene Hoggren:
13 • If you go south on Highway 101 past San Jose, you will come into three Walmart stores that have
14 armed guards in the store and the parking lot. It is a different culture there, but is a culture we are
15 currently experiencing. Security is very necessary.
16 • Has experienced problems with the public just coming into town a few times a month so security
17 is very important for the Walmart parking lot.
18 • When Walmart first opened, there was some type of security precaution for the parking lot.
19
20 Commissioner Helland:
21 • Page 4.9-6: Typographical error in first line of third paragraph: `.....two oxidation ponds for
22 evaporation/percolation.'
23 • Page 4.9-10: Identify the source of the significance criteria?
24
25 Brian Grattidge:
26 • The significance criteria is from Appendix G of the CEQA Checklist. The last bullet about energy
27 efficiency is from Appendix F of the CEQA Guidelines.
28
29 Chair Pruden: It may be the criteria should be cross-referenced.
30
31 Chair Pruden: Did not see discussion about the impacts of a 24-hour store that would tie into public
32 safety. There needs to be a paragraph about this element.
33
34 Commissioner Helland: Page 4.9-11: Would the parking lot patrol be 24 hours/day?
35
36 Chair Pruden:
37 • Page 4.9-13, Impact 4.9-5: Implementation of the Project would not significantly increase the
38 demand for water supply. Again, this section talks about the 85 employees, but not the thousands
39 of persons per year that will be using the toilets. The document should at least indicate Walmart
40 will be using energy efficient commodes, etc.
41 • Questioned water usage for food preparation, particularly the vegetable department that uses
42 water to prep the food. There is no mention in the document about water usage in this regard and
43 recommends including some data. Does this include water for landscaping?
44 • Need to have information about the anticipated increase in gallons of water used.
45
46 Commissioner Whetzel: The watering of plants outdoors should also be factored into water usage.
47
48 Commissioner Helland: Page 4.9-13, states the building's water demand would increase 26 percent to
49 4,100 gpd from 3,250 gpd.
50
51 Brian Grattidge: This figure includes complete building operations and this is the number from the
52 Project's mechanical engineer as to what the increase would be for the square footage including
53 preparation, patronage, HVAC, and other systems.
54
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 25
1 Chair Pruden: Requested a sentence that is inclusive of everything such as garden, food preparation,
2 toilet flushing, etc. Would not say a 26% increase in water is any little demand.
3
4 4.10: TRANSPORTATION AND TRAFFIC
5
6 Commissioner Helland:
7 • Page 4.10-14: last line typographical error`....at LOS E or F' instead of'E of F.'
8 • Page 4.10-29: Mitigation Measure 4.10-3d: Add 'A separated walkway through the parking lot to
9 the store (from sidewalk) shall be provided.'
10
11 Commissioner Whetzel:
12 • Page 4.10-2, Residential Roadways, Section does not mention the traffic impacts to Betty Street,
13 Lorraine Street, Orchard Avenue or Marlene Street since the Walmart store originated.
14 • With Betty Street straightened to go directly to Talmage and the Waugh Lane bridge closed Betty
15 Street is now the thoroughfare to get to Walmart from the north. Orchard Avenue, Marlene Street
16 and Betty Street have been used as access streets as a quick way to get from Gobbi to Talmage
17 for some time now.
18 • Because of heavy traffic on Lorraine Street and Betty Street speed bumps had to be constructed.
19 • Even the Parcel Post driver has noticed the increase in traffic on Betty Street.
20
21 Chair Pruden: There has been a substantial increase of traffic on the Betty Street, Lorraine Street,
22 Orchard Avenue and Marlene Street since the Waugh Lane bridge was closed. People are backing up
23 and going through Cooper Lane and right into these neighborhoods.
24
25 Chair Pruden: Page 4.10-2, Residential Roadways, questioned the connection of Mill Street in this
26 section to the Walmart project.
27
28 Commissioner Whetzel:
29 • Page 4.10-3, Pedestrian Facilities, 'Waugh Lane, Betty Street, Lorraine Street, and Henderson
30 Lane are all narrow local streets that provide access to residences on the north side of Talmage
31 Road. Sidewalks and streetlights are generally not provided along these local streets.'
32 • Traffic in this area has increased since Walmart initially opened.
33
34 Chair Pruden: A great deal of mitigation was done to get the Betty Street/Lorraine Street neighborhood
35 to stop being a shortcut to Walmart.
36
37 Commissioner Whetzel:
38 • It is still a shortcut to Walmart.
39 • Would like to see more of a study of that neighborhood.
40
41 Commissioner Helland: Page 4.10-29, Mitigation Measure 4.10-3d, recommends adding as a separate
42 mitigation measure for a separated walkway through the parking lot to the store from a sidewalk that will
43 be provided along Airport Park Boulevard.
44
45 Commissioner Whetzel: Noted when studies regarding street lights were done, much of the information
46 was done in February and should have been done in June or July when there is more road traffic. There
47 is more traffic in the spring and summer than in the winter.
48
49 Chair Pruden: Page 4.10-7, Existing Intersection Levels of Service, and identified the peak hours are
50 the highest volume in Ukiah from 4-6:00 p.m. The reality is some of Ukiah's peak traffic count actually
51 occurs between 2:15 p.m. and 3:30 p.m. when school is out of session for the day. A person cannot get
52 down Dora Street or through Gobbi Street and barely get off of Washington Avenue. In fact, a person
53 avoids those streets because they are so congested. There is also bus traffic because many Ukiah
54 children are bused to and from school.
55
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 26
1 Commissioner Whetzel: Actually the congestion continues until 5:00 p.m. for those streets.
2
3 Chair Pruden:
4 • The peak hours for Ukiah are mid-afternoon and they are so severe at 3 or 3:30 p.m. that Gobbi
5 is impacted almost all the way from Orchard Avenue up to Dora Street. We do not seem to have
6 traffic studies for how the town functions for this. She realizes these are unconventional peak
7 hours, but there ought to be something about the fact that Ukiah has regular congestion when
8 school is released. School hours are staggered to help offset the congestion. The information in
9 the document does not truly reflect how Ukiah operates in terms of traffic and traffic congestion
10 and figures are slightly askew.
11 • Page 4.10-22, Trip Generation, a sentence in this section reads, `Based on guidance in Trip
12 Generation, the outdoor garden center area was excluded from the square footage applied to the
13 trip generation rates for both the existing and proposed Walmart store.' Does not know the
14 rationale for excluding the outdoor garden area. The figure is used in many other places but in the
15 trip generation it is not a square footage figure that they use. This will need to be clarified.
16
17 Commissioner Whetzel: Page 4.10-16, Future Transportation Improvements, With regard to the design
18 study for intersection improvements within the general vicinity of the Project area does not see and would
19 like to see improvements from Talmage Road to State Street.
20
21 Staff: The information represents the improvements currently being designed.
22
23 Commissioner Whetzel: Are there plans to widen Talmage Road?
24
25 Planning Director Stump: Talmage Road is a State highway. There have been discussions about
26 relinquishing that section of road in the area of Airport Park Boulevard to State Street to the City. The City
27 was interested provided the road is upgraded to City standards and includes the widening of sidewalks
28 and bicycle lanes. Most recently, the City negotiated with Caltrans to have this section relinquished.
29
30 Commissioner Whetzel: Can these improvements be added to future transportation improvements?
31
32 Staff: Not at this time until more information is known about the 2030 UVAP traffic model and associated
33 fees for future intersection/interchange improvements in the Project area.
34
35 Alan Nicholson:
36 • Could not find what makes a less than significant impact. I know this must be documented in
37 many places in the EIR document, but persons that do not frequently travel Talmage Road do not
38 realize there is a traffic problem there. It does state in the EIR that traffic does back up onto the
39 freeway.
40 • He lives in Talmage and experiences the congestion every day with traffic backed up on Talmage
41 Road from the freeway off-ramp to Airport Park Boulevard.
42 • Has observed that people cannot get off the freeway, particularly all day on Saturdays and early
43 on Sundays when people want to go shopping at Walmart. However, there are times when there
44 is very little traffic and times when there is a lot of traffic.
45 • The Walmart expansion will add thousands of people coming into that shopping area every day.
46 • Is of the opinion the EIR does not adequately address the traffic and congestion problem on
47 Talmage Road in the area of the project.
48 • The problems with traffic near the project area is dangerous now and will be more dangerous in
49 terms of public safety with the proposed project with the traffic impacts as addressed in the EIR
50 being brushed off as less than significant.
51 • He finds the traffic impacts in the vicinity of the project to be very significant and does not
52 understand how this criteria works.
53 • Elected officials are trustees for the public good and need to be fully informed about the
54 consequences of this project. The EIR can be certified and turned into a good document, but
55 finds it very deficient at the present time. The project should be denied for both traffic and urban
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 27
1 blight with non-mitigatable impacts to the environment and the economy. There can be no
2 overriding considerations. Essentially, the EIR can be certified and the project denied, as
3 proposed, whereby the project can easily move forward with the existing footprint. It is important
4 to give Ukiah the best project possible and do the right thing for the community.
5 • Has a problem with the perspective on some of these less than significant impacts in the traffic
6 and urban decay sections of the EIR.
7
8 Brian Grattidge:
9 • Clarified that traffic impacts for the project right now have been identified as significant and
10 unavoidable.
11 • Probably did not stress the point enough during the initial presentation.
12 • Traffic impacts related to the operation of Talmage Road and 101 southbound and Talmage and
13 Airport Industrial Park would be significant and unavoidable and this is despite requiring
14 mitigation measures from the applicant.
15
16 Chair Pruden:
17 • The staff report points out the significant and unavoidable impacts, some of which cannot be
18 mitigated.
19 • Page 4.10-16, Approach to Analysis, with regard to the future year 2030 traffic volumes figure
20 derived from the UVAP traffic model plan addressed in the EIR that provides if there is money
21 and the plan for intersection/interchange improvements can move forward the City would be able
22 to bring the intersections referenced back to `LOS A.' However, this is 19 years in the future.
23 What do we do in the interim? She has a problem with trying to figure out this how works in the
24 EIR document concerning the need for intersection improvements and the significant and
25 unavoidable impacts the project can bring. Again, while the document identifies significant and
26 unavoidable impacts some of which cannot be successfully mitigated does not provide a solution.
27
28 Brian Grattidge:
29 • The way the EIR looks at traffic is it identifies near and long term problems. The long term
30 problems include the list of projects that are used for the other cumulative analysis including the
31 potential Costco and other stores in the area and also takes the background volumes that were
32 used for the 2030 UVAP.
33 • There is an engineering solution to the problem. This project would be required to commit their
34 portion of Capital Improvement Program funding for improvements.
35 • The problem for purposes of the EIR as alluded to is that the other funding sources are not
36 solid enough. There is not an adopted UVAP fee that can be relied upon. There is not identified
37 state sources so even though there is a possible solution that this project would commit to, it
38 cannot be guaranteed within the time frame of our analysis of 2030 that this interchange would
39 be built; Therefore, the significant and unavoidable impacts. So sometime between now and
40 2030 there will be impacts where the level of service is deficient until such time as those
41 improvements can be made.
42
43 Chair Pruden: Is not sure the community can live with 19 years of backed up traffic. It is a concern and
44 the document identifies that a major problem exists that is underfunded. Her concern is that there is
45 essentially room for one more project if Costco comes. She is not sure if the proportional share of
46 Walmart and proportional share to Costco of CIP improvements will even be enough to alleviate any
47 impacts of the project.
48
49 Commissioner Sanders: We do not know the balance in the CIP Fund.
50
51 Chair Pruden: I do not think this community can live with 19 years of traffic issues in the Project area, but
52 perhaps between the two projects there is enough to successfully mitigate the impacts.
53
54 Planning Director Stump: When the project comes before the Commission for decision making, we
55 hope to have additional information about how potentially the overall traffic mitigation can be achieved.
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 28
1
2 Dorothy A.: Supports what Alan Nicholson said and cited an example of the Coddingtown shopping
3 center and what it has done to the traffic in Santa Rosa. There are hours where a person is simply
4 backed up in traffic. We are talking five miles per hour and breathing all that pollution. It is not just traffic,
5 iYs air pollution. It is a mess and now they are building a whole new lane on highway 101 and we are in a
6 broken economy. It is not going to get any better if the money system collapses internationally.
7
8 Chair Pruden: This document clearly identifies that we have a problem with traffic and we do not have a
9 financial solution.
10
11 Mary Anne Miller:
12 • Does not understand the less than significant designation impact information that states `the
13 implementation of the project would increase the traffic volume on area roadways. This impact is
14 less than significant and therefore no mitigation measures are required.' She questions this
15 language and referred to her favorite page on the whole document 6-14, Section 6.5
16 Environmentally Superior Alternative, Table 6.5, Summary of Alternatives that provides
17 information about potentially significant and less than significant impacts with regard to the
18 environmental effects for each alternative in comparison to the proposed project She wants to
19 make certain the decision makers do not have to grasp for or even turn down proposed project
20 and waste all of this time and money in the EIR because there are alternative options. In the table
21 the environmental impacts listed, aesthetics (light/glare), air quality, economics/urban decay,
22 geology and soils, hazards and hazardous materials, hydrology and water quality, land use,
23 public services and utilities, transportation and traffic, climate change and biological resources
24 indicate the potentially significant (PS) and less than significant impacts (LTS) prior to mitigation
25 with an indicator of +/- of whether the alternative impact is comparatively greater or lesser than
26 that of the Project.
27 • This section suggests the `no project alternative' would avoid all potentially significant project
28 impacts to all resources areas including aesthetics, air quality, biological resources, hazards,
29 hydrology, noise and traffic whereby the no project alternative would be the environmentally
30 preferred alternative, but CEQA requires that a second alternative be identified when the `no
31 projecY alternative emerges as the preferred environmental alternative.
32 • Questioned the table for alternative 3, No Footprint Expansion Alternative that shows these minus
33 less than significant indicators and finds it interesting the environmental topics listed as 'PS with a
34 minus' that have been reduced but have not been eliminated. The transportation and traffic
35 impact is listed as potentially significant.
36 • Would like to have justification for retaining a potentially significant level of impact on the
37 environmental topics of hazards and hazardous materials, noise, and transportation and traffic.
38 • With regard to Table 6.5, this is where if you are getting the right facts in the document you
39 would have reduced these impacts to less than significant, particularly for transportation and
40 traffic impacts.
41
42 4.11: GLOBAL CLIMATE CHANGE
43
44 Commissioner Helland: Page 4.11-17 Second to last paragraph: Greenhouse gas emission
45 calculations for construction were completed `assuming that construction would take 6 months.'
46 Previously, on page 4.2-11 under Air Quality, `construction duration was estimated to be one year.' The
47 information is not consistent.
48
49 4.12: BIOLOGICAL RESOURCES
50
51 Chair Pruden: Page 4.12-15, Tree Protection Ordinance: `The City of Ukiah does not have a specific
52 ordinance relating to the protection of trees within the City limits. Tree protection measures and mitigation
53 for impacts to tree resources are typically incorporated into the SDP.' This is not correct. The City has a
54 street tree ordinance which governs right-of-way trees. What the City does not have is an ordinance
55 governing trees on private property. The City is codified for street trees. This information needs to be
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 29
1 corrected. All SDPs that have landscaping requirements are protected although this would not be an
2 ordinance on its own because if a required landscaping tree is removed, it must be replaced.
3
4 CHAPTER 5: OTHER CEQA CONSIDERATIONS
5
6 Commissioner Helland: Page 5-5: Effects Found Not To Be Significant, The introductory paragraphs
7 refers to the `significant unavoidable effects to climate change and transportation, identified above...'
8 While both were addressed in Chapter 4, only transportation was addressed in Chapter 5 under
9 Significant Unavoidable Impacts. `Except for the significant unavoidable effects to climate change and
10 transportation, identified above, the environmental effects of the proposed Project would be less than
11 significant or less than significant after implementation of the identified mitigation measures.' Was climate
12 change a typographical error?
13
14 CHAPTER 6: ALTERNATIVES
15
16 Chair Pruden: Is there an option to do a mix and match of the alternatives for the Project or do we have
17 to stick to the alternatives as presented?
18
19 Staff: Is the question related to can a new alternative be created as part of the EIR or how the
20 alternatives affect the decision on the project?
21
22 Chair Pruden: Can we create another alternative using the alternatives presented?
23
24 Staff: Do you want a third alternative analyzed in the EIR or are you concerned how it affects making
25 changes to the project?
26
27 Commissioner Whetzel: What Chair Pruden is likely saying is the Planning Commission may not want
28 certain components of the project as proposed.
29
30 Staff: This sounds like a project discussion. Is there some component missing in the alternatives that the
31 Commission has a problem with?
32
33 Commissioner Helland: May best be understood as how the analysis for the hypothetical alternative
34 helped to understand the environmental effects. If not, this can be answered in the final EIR.
35
36 Commissioner Sanders: Asked Chair Pruden if she had another option.
37
38 Chair Pruden does not have another option but there might be options where you consider one thing but
39 you do not necessarily want a certain component. For instance, with regard to the two-story alternative
40 that the food component would not be a part. In reference to the section on alternatives, the question is
41 does each alternative contained within itself or can you take a component from one alternative and match
42 it with another alternative so as to create essentially a new alternative.
43
44 Staff: Is the question: what is the purpose of a new alternate and what is missing in the analysis or not
45 understood with the alternatives that are presented.
46
47 Chair Pruden: Is asking about the process and whether or not there is flexibility. This reminds me of the
48 UVAP process where there were many alternatives and what results is a hybrid of these alternatives that
49 works. Is asking process wise whether or not a hybrid can be created for the Walmart project. The project
50 is required to have alternatives including environmentally superior alternatives as provided for in the
51 CEQA guidelines.
52
53 Commissioner Brenner: Is his understanding the alternatives are there for cross-comparison between
54 the different values for the CEQA by asking Walmart to put forth their best alternative judgment and/or
55 scenario by considering the positive, the negative and the in between scenarios.
56
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 30
1 Commissioner Whetzel: It does not really matter what building is constructed because this aspect will be
2 covered under review for the major SDP. For purposes of the EIR, we are interested in looking at the
3 square foot of the area for that site.
4
5 Commissioner Helland: Page 6.4, section 6.3.1, two-story alternative, Should pay more attention in the
6 text, for instance, why a two-story alternate would not avoid or substantially lessen any of the significant
7 or unavoidable greenhouse gas emissions or traffic impacts. Does the document consider why a two-
8 story alternative would or would not be an environmentally superior alternative?What is the consideration
9 and how is the environmental effect addressed as an alternative.
10
11 Chair Pruden: Is not sure if every alternative has been identified. We are talking about alternatives to the
12 project and not alternatives to design.
13
14 Commissioner Whetzel: CEQA requires only three alternatives.
15
16 Staff: If something is missing in the alternatives, this should be identified now.
17
18 Brian Grattidge:
19 • If you approve something that is within the envelop square footage wise and operationally looks
20 like it but is not exact, as long as it is not more than that and fits within the box, you are fine. This
21 is why the three alternatives were selected. Basically, the analysis looked at the project which is
22 what the applicant wants and then took a range going from what the applicant wanted down to
23 zero in terms of square footage and this is the reason for the reduced project size alternative,
24 which is basically half way.
25 • The analysis had to look at what may be approvable and develop the alternatives accordingly.
26 • Would caution the Commission not to consider the two-story alternative namely because it does
27 not reduce any of the impacts and would probably have to revisit the visual issues west to east in
28 this regard. This may be problematic, but in terms of either a reduction of square footage or
29 operations probably would be possible within the range of alternatives that were provided.
30
31 Chair Pruden: Using the two-story alternative because it would be the most noticeable and more radical
32 of all of the approaches in terms of reconfiguring square footage that it is best to work within the
33 parameters that there may be some flexibility since most environmental impacts have been identified.
34
35 Commissioner Whetzel: `And still work within the parameters of the EIR.'
36
37 Mary Anne Miller:
38 • Referred to the Environmentally Superior Alternative table and if the Commission finds the
39 environmentally superior alternative does not lower the transportation and traffic impact because
40 of the 24-hour operation, for instance, then it is not the alternative that you want. The
41 Commission may want to eliminate that 24-hour operation component in addition to other
42 components. However, the Commission does not get that satisfaction because the EIR does not
43 tell what component of that significant transportation impact is due to the 24-hour operation. But
44 to eliminate this component, the Commission would have to justify that this is being done in order
45 to get a less than significant impact concerning transportation and traffic. The problem is the
46 significant impact cannot be separated out from the No. 3 Alternative, No Footprint Expansion.'
47 • She would prefer to see no footprint expansion and hours of operation reduced to 7 a.m. to 11
48 p.m. to lessen the environmental effects.
49
50 Commissioner Whetzel: Referenced the `No Project Alternative' and noted if the 7 a.m. to 11 p.m. hours
51 of operation were to remain, seven days per week, as opposed to a 24-hour operation no grocery sales
52 would occur and would essentially be a no project alternative. The `No Project Alternative' assumes no
53 change in the existing environment and would result in a continuation of existing conditions on the site
54 and would eliminate or substantially reduce all project-related impacts.
55
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 31
1 Commissioner Helland: It is likely the reasoning in the document was that when the traffic queues are
2 going to back up to a significant unavoidable level is during peak hours and so the thinking was that this
3 would not occur overnight when it is going to be additionally open to what it currently is.
4
5 Commissioner Helland:
6 • Page 6-4: Under 2-Story Alternative: Another reference to 'significant and unavoidable GHG
7 emission' impacts. Is this a typographical error?
8 • Page 6-4: Typographical error on last line: `two Walmart stores.'
9 • Page 6-13: Typographical error: Transportation and Traffic, third sentence, `Weekend end....'
10
11 Chair Pruden: Asked if the document should contain a glossary of terms?A glossary may be helpful.
12
13 Staff: It would be helpful to know what terms the Commission would like defined to make the document
14 easier to understand. If the Commission would like to have a glossary it should be included as part of the
15 comments within the comment period. It may be helpful to define/clarify the acronyms. It may be a
16 glossary is not necessary but rather a better explanation of terms as they occur or by way of a footnote
17 for clarification.
18
19 Commissioner Sanders: A glossary is not likely necessary.
20
21 Commissioner Brenner: Would like the acronyms to be clarified.
22
23 Public Member: (inaudible) Commented on whether the City really has a say in the Walmart project.
24
25 Steve Scalmanini: Inquired about the number of square footage analyzed for the original Walmart
26 including the proposed expansion square footage that was approved for the initial project and how this
27 corresponds with what was built and the expansion currently being proposed.
28
29 Staff: Additional area for expansion was analyzed as part of the original EIR which analyzed a 93,000
30 square feet of store and an additional 30,000 square foot expansion. There is some concern this
31 guaranteed Walmart another 30,000 square feet without having to come back to the City for approval. As
32 part of the construction of the existing Walmart, they built the 93,000 square feet plus part of the 30,000
33 square feet approved as"expansion."
34
35 Planning Director Stump: Walmart decided they did not want to expand at the time when the original
36 Walmart store was approved. When Walmart proposed the expansion project the square footage went
37 beyond what the applicant originally anticipated for future expansion. While Walmart had approval for a
38 30,000 square foot expansion, they want a much larger building than the originally approved 30,000 sq.ft.
39 expansion, so the original 30,000 sq.ft. expansion matter from the City's perspective is now moot.
40
41 Alan Nicholson provided additional written comments as follows:
42 • Walmart in Ukiah expansion by 48,000 square feet primarily for the purpose of selling groceries
43 and competing in the local health and eye care business on 24-hour basis.
44 • As consumers and a city looking for revenues the project looks appealing on the surface. The
45 fundamental question before us is whether this proposed project is good for Ukiah or is it to be a
46 further negative impact on our city and community.
47 • The City Council, which will soon review the plan, will likely focus on the assumed sales tax
48 generation and job creation such an expansion will provide.
49 • It is important to recognize that an expansion of mainly grocery items will not generate a large
50 amount of additional sales revenue, and the assumed loss of two existing supermarkets could
51 lead to fewer jobs, reduced tax revenues, less consumer choice and create a significant vacancy
52 problem in the City of Ukiah and nearby cities.
53 • The issue for Ukiah decision makers is whether the environmental impact report has adequately
54 assessed the cost/benefits of this expansion. An objective evaluation shows there will be many
55 hidden costs.
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 32
1 • Regarding product selection: except for private label brands, almost all grocery items are
2 available at existing stores. Walmart just undercuts everyone else and shuts down other tax
3 revenues for the City. As these other stores are typically anchor tenants, many lesser businesses
4 will fail as a result. This means that most, if not all, of Walmart's estimated increased sales
5 following the expansion will come at the expense of existing local retailers, which will increase the
6 potential for store closures and decreasing revenues for the City and County.
7 • The proposed project Economic Study is based on an economy almost four years old from 2008.
8 We are in a second downturn of a unprecedented global economic recession and the EIR
9 projections are clearly inadequate for Ukiah to rebound within two years. We will still be
10 recovering in five to 10 years.
11
12 PUBLIC COMMENT PERIOD CLOSED: 10:03 p.m.
13
14 There was a brief discussion when the final EIR will be completed and when the Commission will review
15 this document and the project.
16
17 Staff tentatively stated the Planning Commission will likely review the final EIR and project in
18 approximately three months and explained the process.
19
20 10. PLANNING DIRECTOR'S REPORT
21 None.
22
23 11. PLANNING COMMISSIONERS' REPORT
24 Thanked the public for attending and expressing their opinions.
25
26 12. ADJOURNMENT
27 There being no further business, the meeting adjourned at 10:08 p.m.
28
29
30 Cathy Elawadly, Recording Secretary
MINUTES OF THE PLANNING COMMISSION August 10, 2011
Page 33
1 11°EIV11�4�►. �A
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(707)463�6203
3
4 DATE: September 28, 2011
5 .
6 TO: Planning Commissi�n
7
8 FRQM: Jennifer Fasa, Assoeiate Planner
9
10 SUBJECT: Request for Approvai of three variances from the Zoning Code to allow the
11 construction of a pool and to aliow a sex foot fence to be located within a front
�.2 ��r�rd �etback at 326 tNa�hir�c���r� �v�r�u�, ��� �0'��5��1 17
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24
15
16 RECOMMENDATION
17
1s StafF r�camm�nd� th�t th� Pianning Gommission approve the requested variances from the
19 Zoning Ordinance based on the draft findings included in attachment 1 and subject to the draft
20 conditions of approval included in attachment 2.
21
22 PROJECT DESGRIPTION
23
24 An application has been received fram Michael and Patricia Jenne' requesting Planning
25 Gommission apprQVa! of variances from the zoning code that are necessary to `install an in
26 ground pool and to lega(ize an existing six foot fence (ocated within the front setback at�326
27 Washington Avenue, APN 003-520-17: The project requires variances ta allow the following:
28
29 • an accessory structure (pool) #o be located within the required fifteen foot front' yard
30 setback;
31
32 • a pool ta be lacated within a front yard; and
33
34 � a six foot fence ta be located within the front yard setback.
35
36 SETTING
37
38 The project site is lacated at 326 Washington Street which is �t the northwest corner of
39 Washington Avenue and South Dora Street. The parcel is developed with a-single family
40 residence and ar� attached ��cessory dwelling. The structure is situated towards the northwest
4�. partion �f the parcel which leaves five-`(5) feefi from'the north property line and twenty four feet
42 from the South Dora Street side. Because this is a corner lat the parcel by definition h�s tw�
4�3 fronts, a side and a rear(See attachment 4, site plans�nd photos).
Jenne'Variances -
326 Washington Avenue,APN OQ3-520-17
Application No:-11-12-VAR-PC
1
1
2 The subject parcel itself is flat however it is surrounded by a retaining wall on both the South
3 Dora Street and Washington Avenue sides. 1n 1967 the City installed a retaining wall along the
4 perimeter af the subject parcel, because of the retaining wall the lat is elevated approximately
5 5-6 feet above the city right-of-way. At some point over the last twenty years a six foat#ence`
6 was constructed on top of the retaining walL
7
8 The property is surraunded by the following uses:
9
10 ■ North: Single Family Residence zoned R-2
11 ■ South: Single Family Residence zoned R-1 '
12 ■ East: Medical Offices zoned C-N
13 ■ West: Single Family Residence zoned R-1
14
15 STAFF ANALYSIS
16
17 General Plan. The subject property has a Medium Density Residential (MDR) land use
18 designation. This land use is intended to provide a variety af housing types and ownerships.
19 The specific uses that may occur are determined by the zoning of the property. The proposed
20 pool is ancillary ta the existing residential use of the site and therefore consistent with the land
21 use designation of the site.
22 -
23 Zoning. The subject property is zoned Medium Density Residential {R-2). The table below
24 includes the'applicable requirements of the zoning ordinance with analysis. '
25
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Zaning Ordinance Requirement Staff Analysis
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Z.O.Section 9031 allows single family dwellings Th�project site contains a single famity dwelling with an
with accessory units within the Medium Density accessory unit,which are allowed uses.
Residential Zone{R-2):
The proposed pool and fence are allowed as an accessory
structure within the R 2 district.
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Section 9035 of the zoning ardinance defines the The existing structure sits 24 feet from the South`Dora Street`fr
development standards for yard setbacks within property line and 23 feet from the Washington Street property
the R-2 zoning district. The setback line.This confo�ms to the required front yard setback. There is a
requirements#or this district are: five foot setback along the north side of the property and 25 foat
setback on the west side of the property.
Front: Fifteen feet(15')for dwellings and
accessory structures In 1991 a use permit(file number 91-6}was approved bythe-
Side:Ten feet(10') Planning Commission to allow the property owner to construct a
Rear: Fifteen feet(15') second story addition onto a non-conforming structure.
Section 9035 (A) all accessory structures The subject property is a corner lot and as such the yard area
(including pools) shall be located at least fifteen located on the South Dora'Street side is considered a front yard: '
feet(15)from the front property line. .
The applicant proposes to locate the pool five feet from a front ,
property line.A variance is,required for the pool to be located in -
this location therefore a variance is requested with this
aPplication.
Jenne'Variances
326 Washington Avenue,APN 003-520-17
Application No:11-12-VAR-PC
2
}
b: � s�: � :_i�'Ita���� �� ��-� : ����[����Gf'"������� { C t t' ',fc$ } .,
� Section 9179 swimming pools�may be���located�no The applicant proposes to�locate�a pool wi ������� y �� � ���
' thin the front ard
; closer than five feef,(5') to,any side or rear located along South Dora Street.The zoning code does not allow
< property line in a�esidential zone. accessory structures in the front yards.A variance is required for
; the pool to be located within a frant yard,therefore variance is
re' uested with this a lication.
' Section 9178 No fence shall be constructed The subject property has an existing six foot fence that was
; exceeding three#eet in height in a required front constructed an top of the retailing walL A variance is required to
; yard setback, in this case is fifteen feet(15'). allow the fence at this location.A variance is requested with this
application. i
The building code�equires that all pools be enclosed by a five
footfence.
1
2 Variance. Per section 9261 of the zoning code variances are cansidered major and must be
3 reviewed by the Planning Commissian if the request is seeking more than fifty percent (50%) '
4 relief from a yard setback
5 . '
6 Pursuant to Zaning Ordinance Sectian 9264;,(Variance), the Planning Commission may grant a
7 variance when all of the findings included in Table 2 (see below} are made based on evidence
S submitted at the hearing and contained in the administrative record. Staff analysis of the
9 requested variances is included in Table 2 below.
10
��
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Required findings Staff Analysis
Zoning Ordinance 5ection 9264(D) '
Special Gircumstances. Because af The following special circumstanees apply ta the subject
special circumstances applicable to the property; therefore the strict application af the code will deprive
property, including size, shape, the property owner;privileges enjoyed by other properties within
topography, location,;ar surroundings, the R-2 zone. '
the strict application of this Article
deprives such property af privileges Variance 1 Section 9035(A): Accessory structures{pool)
enjoyed by other property in#he vicinity located in front yard setback.
and subject to identical zoning . The subject property is located on a corner and
regulatians. ' therefo�e by zoning code definition the parcel has two
fronts,a side and rear yard.
• 1Nith two front yards the property'owner is limited ta " '
the useable yard space for this particular lot because af '
the locatian of#he existing structures.
• The site is developed with a single family dwelling and
attached accessory structure that take up much af the
useable yard. The side yard of this parcel is only 5 feet '
wide(see attachment 4, site photo)which does nat
allow enaugh room for a pool to be installed.
• This particular corner parcel is unique in that it is '
surrounded by a 5 foot retaining wall that runs parallel
to the city sidewalk making the Dora Street frantage
non-visible or accessible form the public right nf way.
Na other corner arcels in the area, and ossibl the
Jenne'Variances '
326 Washington Avenue,RPN 003-520-17
Application"No: 11-12-VAR-PC
3
. ]} aM�j}u 1�,..,� �?��1�} � �n�., �+ �;�""''z �q�3.� v ��. � f x. :.� .,� ' v -.�s� �.,t,'v,�` � i } S �..
;, ��G� t����.�(`{'�t�ia�t���'�YLQE������1=��T�s`�r,�",���-1`��'`lA��'� �:-�i.A'� .�� RY?a 2 �: b'�,'�»-yS yT T'�4 Y;��4r�1 "�� i S"..�,�-� .
� �m. x�"t'.z,G.au., .;'i..,.�. 3,t ,�z ..''c... .4`�:_ :�: 'S s . �
r�„_ . __ ,., . ._ .�: . ..�.. ,o�,.... m , s.a.,�.. ,.. , .. �.,...� . ..,.. ,. ... _,.., .,..:;u, �
; city are configured similarto the subject parcel'in that
; they are eantained within a'retaining wall that sits
above the pubiic right of way.
; • If the property owne�is heid ta the current regulations
' ; in regards tostructu�es in#he front yard he would not
be able to install a pool.
;, Variance 2 Section 91'76: Pools to be located in side and
rear yards.
• The subject property is located on a corner and
therefore by zoning code definition the parcel has two
fronts.This limits the useable yard space for this
particular lot to construct a poal.
• The parcel is develaped with a single family dwelling
antl attached accessory structure the strueture is
located towards the'rear of the praperty leaving only
five feet of rear yard`area, which does nat'aliaw enough`
room for a pool ta be located.
• If the property owner is held to the current regulations --
in regards to allowed pool locations he wouid not be
able to install a poo(.
• Because of the uniqueness af this particular lot the yard
area defined as the frant yard which runs along Dora
Street is not visible or accessible from the pubiie right
af way.
Variance 3 Section 9178 5ix footfence in front'setback.
• 'The subject praperty is a comer lot that has by "
` definition two'fronts.'The property owner is limited to a
3 foot"tall fence within the property,lines along both
Washington Avenue and South Dora Street of this
- property. This limits the useable private yard space for '
this particular lot.
• `The B'uilding Code requires that properties that contain
-" ools`have a 5 fence.
Special Privilege.The issuance of a The issuance ofthese variances will not constitute a grant of
variance would not constitute a grant of special privilege based on the following:
special privilege inconsistent with the
limitations upon othe�praperties in the Variance 1 Section 9035(A);Accessory structures(pool)
vicinity and subject to identical zoning 'located in front yard setback.
regulations. + Other properties'within this neighborhood and within
the R-2 zoning district are able to utilize their rear
property because of the configuration of their lots and
the location of the existing structures on the parcel.
• , Based on staff's survey of the neighborhood there does
not appear to be any other lots with a similar
configuration and cetaining wall.
Variance 2 Section 9176: Pools to be located in side and
rear ards.
Jenne'Variances
326 Washington Avenue,APN 003-520-17
Application No: 11-12-VAR-PC
4
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_ ....� ��... 2.jf.... fi_.A � .
,... . .. . _ ...�. ... .. �... .,. ...... .. .x.. . .,..;..i". ....
• Given that the subject parcel is a corner,the parcePs
; defined side and rear are very narrow and would not
provide enough room to locate a pooL Based on a
survey of the neighborhood other properties within the
district are able to locate a paol in"their side or rear
yards bacause of the location of the structures on the
lot.
• ; Based on staff's survey ofthe neighborhood there does
not appea�to be any other lots with similar sized side
and rear yartls and the�efore are abie to locate a pool
as ailowed by the Zoning Ordinance.
Variance 3 Section 9178 Six foat fence in front setback.
• `If the property owner is held to the current regulations
in regards#o fence heights he would not be able to use '
his yard area as other property awners within this
district have been and are able to.
� Building code requires that parcels that eontain a pool
shall be enciosed with a 5 foot fence.
Detriment. The grant of the variance The granting of this variance will nat be detrimental to the
would not be detrimental to surrounding property owners based on the following :
surrounding property owners.
Variance 1 Section 9035(A):Accessory,structures(pool)
'located in front yard setback.
� TMe pre�p�s�d p�al wauid not biock or change the
pedestrian or vehicle'circulatian within the `
neighborhood:
• The projeet is required to comply with all applicabie "°
local, state and federal regulations.
+ The construction of the pool will not result in an
intensification of the existing primary residential use of
the property. The proposed pool is accessory to the
primary use.
• The proposed pool would be located in an area that
functions as the rear of the prope�ty and is not visible or
accessible from the public street.
Variance 2 Section 9176: Pools ta tae located in side and
rear yards.
� The proposed pool would not block or change the
pedestrian or vehicle'circulation within the` -
neighborhood.
• The project is required to comply with all applicable '
local, state and federal regulations.
+ The construction af the pool will not result in an
intensification of the existing primary residential use of
th�property. The proposed pool is accessary to the '
primary;use. ' '�
• The proposed pool would be lacated in an area that
funetians as the rear of the ro ert iven the
Jenne'Variances
326 Washington Avenue,APN 003=520-17
Application No:11-12-VAR-PG : '
5
k
i
3
- "�s � � �`��" r �� � �.. �s'v �r �_� "�; -�„��„r. ..�ESL ,-yK 7 4.tz'` {"�� x k �. �`-. s � .
; ��i.f��'•��'�>�Ef�} � � 1 ��+� a✓i�r,�,�� }�* �"Ga`".� .�"�. Ya. �sr �� � � ., t�� , j{ j �. : .
� .. ...�.f.._.� . �..... ,.. .,.�.�..��b._ �." ..-,. .,.�: .,t..r�. ,�..,_.L...�x,�°..;,,�3�`;�'Fv.�"..,�`�.��'�.�� t��'r°�2.. :�s�.'��ti �' �.i�. :'� :.;
- t.r ,� _
. .. _. . �. _. .
= orientation of the existing structures and is not visible or
x accessible from the;public street.
1
; Variance 3 Section 9�178 Six foot#ence in front setback.
• The fence would not block or change the pedestrian or
vehicle circulation within the neighborhood.
• The project is required to comply with ali applicabie
: lacal, state and federal regulations.
_ • Enclosure of a partion af the yard with a six foot fence
will not result in an intensification of the existing primary
' residential use of the property. The propased fence is '
accessory to the primary use.
` • The fence design will be similar ta other wood fences in '
°' ` the neighborhood. '
•` The granting of thisvarianee will not change the
existing footprint of the primary structure Therefore the
• privaey of the neighbors will not be campromised.
o ' The Building Code requires that a five foat fence be
constructed arou�d the poal to protect a safety barrier
ta the oaL
1
2 PUBLIC NOTICE
3
4 Public notice of the project was provided in the following manner:
�
6 ■ posted in three places on the project site on;September 15, 2011;
7 ■ mailed to property owners within 300 feet of the project site on September 15, 2011; and
8 ■ published in the Ukiah<Daily Journal on September 18, 2011. '
9
10 As of the writing of this staff repart, no carrespondence has been received in response ta the
11 public notice.
12
13 ENVIRONMENTAL REVIEW
14
15 The proposed project is exempt from the provisions of the Galifornia Environmental Quality Act
16 (CEQA) pursuant to CEQA Guidelines Section 15305, Class 5, Minor Alterations in Land Use '
17 �imitations, which allows alterations in land use limitations when the average slope of the
18 property is less than 20%`and the alteratian will not result in a change in land use or density and
19 Section 15303 (e), Class 3, New Construction or Conversion of Small Structures specifically
2o accessory structures including ;garages, carports, swimming pools and fence, based on the
21 following:
22
23 ■ The proposed project is related to the construction of a pool and a fence and will not
24 change the existing land us� of the praperty. `
25
26 • The proposed pool and fence is ancillary ta the residential use of the building.
27
Jenne'Variances
326 Washington Avenue,APN 003-520-17 '
Application No: 11-12-VAR-PC
6 !
1 ■ The lacation is not environmentally sensitive and there is no habitat on the site, no
2 trees, and no drainage courses or bodies of water (such as creeks or streams). The
3 footprint of the existing building will nat change as a result of the project.
4
5
6 DECISION TIMELINE
7
8 The prapased project is subject to the requirements of the Permit Streamlining Act (PSA). The
9 PSA requires that a decisian be made on the project within 60 days of the application being
10 deemed complete. This application was submitted to the Community Develapment and Planning
11 Department on August 15, 2011 and was deemed complete on September 14, 2011. As such, a
12 decision must be made an the project no later than November 14, 201�. The applicant may
13 request a onetime extension of the dacision timeline. The ne� regularly scheduled Planning
14 Commission meeting is Qctober 12, 2011.
15
16
17 '
18
19 Attachments
20
21 1. Qraft Variance Findings
22 2. Draft Conditions of Appraval
23 3. Project Description and Draft Findings Submitted by Applicant date stamped August 15,
24 2011 '
25 4. Site Plan and Site Photas date st�mped Rugu�t 15, 2411
26
27
2$ '
29
30
31
32
33 '
34
35
36
37
38 '
39
40 '
41 '
42
43
44 '
45 '
Jenne'Variances
326 Washington Avenue,APN 003-520-17 '
Application No: 11-12-VAR-PC '
7
1 , Attachment 1
2
3
4
5 DRAFT MINOR VARIANCE FINDINGS TO APPROVE A REQUEST FOR THREE
6 VARIANCES NEEDED TQ CONSTRUCT A PQC?L AT 328 WASHINGTON AVENUE.
7
� 8 The following findings are supported by and based on infarmation contained in this staff report,
9 the application materials, and the public record.
sa
11 1. - See General Rlan and Zoning Section of the staff report. <
12
13 2. The following special circumstances apply to the subject property; therefare the strict
14 application of the- code will deprive ;the property awner privileges enjoyed by other
15 properties within the R=�zone. '
16
17 Variance 1 Seation 9Q35(A): Accessorv structures tpool) located in front �ard
18 setback.
19
20 A. The subject property is located on a cornar and therefiore'by zon'ing code
21 definition the parcel has two fronts, a side and rear yard.
22 B. With twa front yards the property owner is limited ta the useable yard space for this
23 particular lot because of the location of the existing structures.
24 C. `The site is developed with a single family dwelling and attached accessory
25 structure that take up much of the useable,yard. The side'yard of this parcel is
26 only 5 feet wide (see attachment 4, site phato) which does not allow enough
27 room for a poal ta be installed.
28 D. This particular corner parcel is unique in that it is surrounded by'a 5 foot retaining
29 wall that runs parallel to#he city sidewalk making the Dora Street frontage non-
30 visible or accessible form=the public right of way. No other'corner parcels in the '
31 area, and possibly the city are configured similar to`#he subject parcel in that they
32 are contained within a retaining'wall that sits'above the public right of way.
33 E. if the prope�ty owner is held to the current regulations in regards to structures in
34 the front yard he would not be able to install a poaL
35
36
37 Variance 2 Section 9176: Pools to be located in side'and rear vards
38
39 A. The subject property is located on a corner and therefore by zoning code
4o definition the parcel has two fronts. This limits the useable yard space for this -
41 particular lot ta construct a pool.
42 B. The parcel is developed with � single family dwelling and �ftached accessory
43 structure the structure is located tawards#he rear of the property leaving only five
44 feet of rear yard area, whieh does nat allow enough room for a pool to be °
45 located.
�enne'Variances
326 Washington Avenue,APN 003-520-17
Application No: 11=12-VAR-PC
8 !
,
i
�
' 1 G. If#he praperty owner is held to th� current r�gulations in r�gards to �Ilowed pool
' 2 locations he would not be abte to install a pool.
3 D. Because af the uniqueness of this particular lot the yard area defined as the front
4 yard whieh runs along Dora Street is not visible or aecessibie from the public '
; � right af way.
i 6
; 7 Variance 3 Section 9178 Six foot fence in front setback.
8 A. The subject property is a corner lot that has by definition two fronts. The_property
' 9 owner is limited to a 3 foot tall fence along both Washington Avenue and South
10 Dara Street of this property. This limits the`useable rear yard space for this "
11 particular lot. '
' 12 B. The Building Cade requires that properties that contain pools have'at least a five
13 foot fence.
;� 14 � � �
; 15 3. The issuance of these variances will;not constitute a grant of special privilege based on
16 the following:
17
18 Variance 1 Section 9035(A): Accessorv>structures fpool) located in front �ard
19 setback.
' 20 A. The proposed pool would not block or change the pedestrian or vehicle
21 circulation within the neighborhood.
; 22 B. The project is required to comply with all applicable local, state and federal
23 regulations.
24 C. The construction of the pool rnrill not result in an intensificatian of the existing
25 prima 'ry residential use of the property. The proposed pool is accessory to the
26 primary use.
27 D. The'granting of this variance will nof change tha existing'footprint of the primary
28 structure Therefore the privacy af the neighbors will not'be compromised.
29 E. The proposed pool would be located in an area that functions as fihe rear of the
30 property and is not visible or accessible from the public street.
31
32 Variance 2 Section 9176:Pools to be located in side and rear vards.
33 A. Given that the subject parcel is a corner the parcePs defined side and rear are
34 very narrow and would not provide enough room to lacate a poo1. Other
35 properties within the district ace able to locate a pool in their side or rear yards.
36 B. Based on staff's survey of the neighborhood there does not appear to be any
37 other lots with similar side and rear yards and therefore are able to locate a pool
38 as allowed by the Zoning Ordinance.
39 Variance 3 Section 9178 Six foot fence in front setback.
4o A. If the property owner is`held to the current`regulations in regards to fence heights
41 he wauld not be able to use his yard area as other praperty awners within this
42 district have been and are able to. °
43 .
44 4. The granting of this variance wilJ not be detrimental to the surrounding property owners
45 based on the following : '
46
47 Variance 1 Section 9035(A): Accessorv structures (poal) located in front vard
48 setback. '
Jenne'Variances
326 Washington Avenue,APN Od3-520-17 '
Application No:11-12-VAR-PC '
9
' 1 A. The propased po�l would not block or change the pedestrian or vehicle
2 circulation within fihe neighborhood.
3 B. The project is required to comply with all applicable local, state and federal
4 regulations.
5 C. The construction of the pool will not result in an intensification of the existing
� primary residential use of the property. The praposed pool is accessary to the
7 primary use.
8 D. The granting of this variance will not change the existing footprint of the primary
9 structure Therefore the privacy of the neighbors will not be compramised.
10 E. The proposed pool would be located in an area that functians as the rear of the
11 property and is nat visible or accessible fram the public street.
S2 '
13 Variance 2 Section 9176: Pools fia be located in side and rear vards '
14 A. The praposed pool would not block or change the pedestrian or vehicle
15 circulation within the neighborhood.
16 B. The project is required to comply with all applicable Jocal, state and federal '
17 regulations. '
18 G. The construction of the pool will not result in an intensification af the existing
19 primary residential use of the property. The propased pool is accessory to the
20 primary use.
21 D. The granting of this variance will not change the existing footprint of the primary
22 structure Therefore the privacy of the neighbors will not be compromised.
23 E. The proposed pool would be located in an area that functions as the rear of the
24 property and is not visible or accessible from the public street.
25
26 Yariance 3 Section 9178 Six foot fence in front setback.
27
28 A. The fence would not block or change the pedestrian or vehicle circulation within
29 the neighborhood. '
30 B. The project is required to comply with all applicable local, state and federal
31 regulatians.
32 C. Enclosure of a portion of the yard with a six foot fence will not result in an
33 intensification of the existing primary residential use of the property. The
34 proposed fence is accessory to the primary use. •
35 D. The fence design will be similar#o other wood fences in the neighborhood.
36 E. The granting of this variance will not change the existing footprint of the primary
37 structure Therefore the privacy of the neighbors will nat be campromised.
38
39 '
40
41
42
43 '
44
45 i
46
47
Jenne'Variances
326 WasMington Avenue,APN 003-520-17
Application No: 11-12-VAR-PC '
10
i
1 Attachment 2
2
3 DRAFT CONDITIONS OF APPROCAL OF THREE VARIANCES NEEDED TO CQNSTRUGT
4 A POOL AT 326 WASHINGTQN AVENUE. '
5
s
7 1. Variance approval is granted for the three variances needed to eonstruct the in ground
8 pool as shown on the site plan submitted to the Community Development and Planning
9 Department and date stamped August �6, 2011 except as madified by the following
10 conditions of appraval.
11 '
12 2. Except as atherwise specifically noted, these variances shall be granted only for the
13 specific purposes stated in the action approving the variance and shall not be construed
14 as eliminating or modifying any building, use, zoning ar other requirements except as to
15 such specific purposes.
16 '
17 3. This approved variance may be revoked through the City's revocation process if the
18 approved project related to the Permit is not being conducted in compliance with the
19 stipulations and conditions of approval; �r if the project is not established within two
20 years of the effective date af appraval; or if the established and use for which the permit
21 was granted has ceased or has been suspended for twenty-four (24) cansecutive
22 months.
23
24 From the Buildinq O�cial (David Willou�hby 467-5718�
25
26 4. Building permits are required for the installation of the gunite pool and associated electrical
27 and plumbing.
28
29 Standard Citv Canditions of Approval -
30 '
31 5. No permit or entitlement shall be deemed effective unless and until all fees and
32 charges applicable to this application and these conditions of appraval have been paid in
33 fulL
34
35 6. The property owner shall obtain and maintain any permit or approval required by law,
36 regulation, specification or ordinance of the City of Ukiah and other Lacal, State, or
37 Federal agencies as applicable. All canstructian shall camply with all fire, building,
38 electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect
39 at the time the Building Permit is approved and issued.
4Q
41 7. This approval is contingent upon agreement of the applicant and property owner and
42 their agents, successors and heirs to defend, indemnify, release and hold harmless the
43 City, its agents, officers, attorneys, employees, baards and cammissions from any claim,
44 action or proceeding brought against any af the foregoing individuals or entities, the
45 purpose of whieh is to attack, set aside, void or annul the approval of this application.
46 This indemnification shall include, but not be limited to, damages, costs, expenses,
47 attorney fees or expert witness fees that may be asserted by any person or entity, '
48 including the applicant, arising out of or in connection with the Gity's action on this
Jenne'Uariances
326 Washington Avenue,APN 003-520-17 '
Application No: 11-12-VAR-PC
11
1 application, whether or not there is concurrent passive or active negligence on the part
2 of the City. If, for any reason any portion of this indemnification agreement is held to be
3 void or unenforceable by a court of competent jurisdiction, the remainder af the
4 agreement shall remain in full force and effect.
5
6
Jenne'Variances �
326 Washington Avenue,APN 003-520-17
Application No: 11-12-VAR-PC
12
��a����nt � v�
August 1 S, 2 Q 11
Mich�el Jenne
326 Washington Ave.
Ukiah, CA 95482 �
AP'# 003-520-17 ���
Home (707) 468-$093 ��'��
Cell (707} 272-2147 �� �����
Regarding 9254: Variance Procedure findin s.. ����"��
. g • �.
Sectian D, subsection A• '
T�� �t�t is ul2ique in t11e respect that it is a corner lat and currently '
under code has 2 frontages...one the bc�rders Washingtan Avenue, and an�
that bo�rders Dora Street. The Washington Avenue side of the prop�erty is my
actual frontage and is used as such. The Dara Street side of the property
border is used as my "Backyard". The Dora Street side of the property has a '
5 faot tall retaining wa.11 which was install�d by the City of Ukial� many
Yea�'s ago. My property is not accessible from Dora Street in any fashion
whatsoever.
I want to put in an in-ground pool (gunite) and cannot due to the
current lot zaning regulations. With the ��foot set back on the Dora Street
frontage, this would make it impossible to build a poal and denies my ability
to enjoy my "Backyard"in the manner I would like to. It's my belief that I
should be able to enjoy a backyard with a paal, but this will require a change '
ta my current zoning regulatians...
1. I'm r�questing that the West side of my property that borders Dora '
Street be changed from "Frontage"to "Rear Yard" or "Side Yard"
status so I may enjoy a paol and other improvements to my property '
like my neighbors do currently. '
2. Then I axn requesting a Minor Variance to change my setback of the
rear or side yard to S foot to allow for the installation of the in-ground
pooL
Sincerely, '
l�Zike Jenne'
.�3tC.�,r�t[El:;tsa 7r �
,`�--�a.,�.�,-�
�,,.. t�:,.'•l �4 .`"1 r
� � ��)�''i..l ����
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ITEM NO . 10A
s��-���", Community Development and Planning Department
�� � 300 Seminary Avenue
� + , � Ukiah , CA 95482
�
planninq @citvofukiah .com
(707)463-6203
DATE : September 28, 2011
TO : ` Planning Commission
FROM : Kim Jordan , Senior Planner
SUBJECT: Draft Revised Ukiah Municipal Airport Building Area and Land Use Plan
Development Guidelines
Workshop #3
RECOMMENDATION
Staff recommends the Planning Commission conduct a public hearing to review the revised
Ukiah Municipal Airport Building Area and Land Use Plan Guidelines (Guidelines), take public
comment, and make a recommendation to City Council to adopt the revised Guidelines.
• PLANNING COMMISSION REVIEW
On June 22 , 2011 and July 27th , Planning Commission conducted public workshops for the
proposed revisions to the Ukiah Municipal Airport Building Area Land Use Plan Development
Guidelines. At the workshops much of the discussion focused on the appropriate location for
helicopters on the Airport grounds. At the July 27th meeting , the Planning Commission
requested the following :
■ Copies of both versions of the original Guidelines (see Ukiah Municipal8uilding Area
and Land Use Plan Development Guidelines below). �
■ An update and/or written information on the treatment of the "Clear Zone" at the north
end of the airport grounds at Doolin Creek/Talmage Road .
AIRPORT COMMISSION REVIEW
The Airport Commission has been revising the Ukiah Municipal Airport Building Area and Land
Use Plan Development Guidelines ( Guidelines) for the past 18 months and completed its
revisions in April 2011 . One of the primary purposes of the revisions was to identify the type of
permit required for the uses allowed for the various areas identified on the Designated Planning
Areas for Land Use and Development Plan Guidelines and to identify when and what level of
site development permit is required for development at the airport.
As part of its review, the, Commission made the following substantive revisions to the
Guidelines:
■ Revised uses based on the stated purpose of each area and created use tables .
Proposed Revisions to the Ukiah Municipal Airport euilding Area and Land Use Plan Development Guidelines
September 28, 2011
1
■ Modified the square footage threshold for site development permits .
■ Customized the site development permit and use permit findings to be specific to the
Airport.
■ Modified the landscaping standards to be compatible with the safety concerns of the -
airport.
The Airport Commission also . discussed the possibility of requesting the Guidelines be
converted to an ordinance that would replace and/or overlay the Public Facility ( PF) zoning
designation of the Airport. However, since the direction to create an ordinance had not been
provided by the City Council and in acknowledgement of limited staff resources , the
Commission indicated revised Guidelines would be adequate if an ordinance was not feasible .
BACKGROUND
Public Facilities (PF) Zoning District. The Ukiah Municipal Airport is zoned Public Facility
( PF) (see attachment 1 ) . This zoning classification is applied to properties used for public,
quasi-public, specified public utility purposes , or to provide business opportunities on large
public-serving land uses such as the Airport. This zoning designation is consistent with the
Public ( " P ") land use designation of the General Plan . The allowed uses and development
standards for the PF zoning district are included in attachment 1 .
STAFF ANALYSIS
Ukiah Municipal Airport Master Plan (Master Plan). The Ukiah Municipal Airport Master Plan
regulates development on the grounds of the Ukiah Municipal Airport and was adopted by the
City of Ukiah July 3 , 1996. The Master Plan provides the framework for the implementation of
individual development projects on the Airport grounds .
The Master Plan included a recommendation the City consider adopting an Airport Overlay
Zone or an airport area specific plan similar in format and content to the Airport Industrial Park
Planned Development which includes principal uses , conditional uses , prohibited uses , and
nuisances as well as development standards (see attachment 2 , Master Plan Excerpt) .
Creating a zoning district specific to the Airport or an airport overlay zone that would be
combined with the existing PF zoning designation would create requirements specific to the
unique needs and characteristics of the Airport rather than guidelines , which are superseded by
an ordinance . Also , since the recommended revisions to the Guidelines include modifications to
the landscaping requirements , findings for approval of use permits and site development
permits , and different thresholds for review of site development permits than what is currently
found in the zoning ordinance , amendments to the zoning ordinance would likely be required in
order to allow these recommended changes.
Ukiah Municipal Airport Building Area and Land Use Plan Development Guidelines
( Guidelines). The original Ukiah Municipal Building Area and Land Use Plan Development
Guidelines were adopted by the City Council on April 7, 2004 (see attachment 3) . They were
intended to further define the types of development allowed at and building standards for the
Airport. Previously more than one version of the Guidelines had been used by City staff.
Proposed Revisions to the Ukiah Municipa/ Airport euilding Area and Land Use Plan Development Guidelines
September 28, 2011
2
During review of the CALSTAR relocation use permit and site development project, Planning
staff became aware of the differing versions of the Guidelines. Once aware of the two different
versions of the Guidelines, staff reviewed both versions and determined there was no
substantive difference in the versions of the Guidelines and disposed of all copies of the version
that had not been approved by City Council in order to avoid further confusion . As such , staff
does not have a copy to provide to the Commission for comparison and has provided only the
version of the Guidelines adopted by City Council .
Doolin Creek/1'almage Road. At the July 27t" Planning Commission meeting , information on
the clear zone located north of the Airport in the area of Talmage Road and Doolin Creek was
requested . This area is not located within the boundaries of the Guidelines and as such is not
affected by the proposed revisions . �
This area is designated as Compatibility Zone A — Runway Proteetion Zone or within Building
Restriction Line (see attachment 4, Mendocino County Airport Land Use Commission , Table 7A:
Current Compatibility Criteria) . In the A zone the normally acceptable uses include aircraft tie
down aprons , pastures , field crops , and vineyards , and automobile parking . Due to the hazards
associated with this area, density is limited to 10 persons per acre and the land area is required
to remain open .
A portion of Doolin Creek is located north of the airport in the A zone . At this time, the City does
not have a Doolin Creek Plan . In 2002 , an administrative draft of the Doolin Creek Habitat
Enhancement and Public Access Study was prepared . The study did not move past the
administrative draft stage ; therefore , at this time there is no adopted plan or study for poolin
Creek. Should resources allow in the future, the intent would be to continue the work to prepare
and adopt a plan/study for poolin Creek.
Zoning Ordinance Amendment. As noted above , the Master Plan recommended an overlay
zone or zoning similar to the Airport Industrial Park Planned Development for the Airport and
many of the proposed revisions likely require amendments to individual sections of the zoning
ordinance (site development permit, use permit, landscaping , etc. ) in order to be implemented .
As such , the revised Guidelines could be adopted as :
�
■ guidelines
■ guidelines with some associated zoning ordinance amendments ; or
■ an amendment to the zoning ordinance to create an overlay zone or a zoning district
specific to the airport.
Staff requests the Planning Commission provide a recommendation as to its preference of the
above options . If none of the above options are preferred by the Commission , . staff requests the
Commission provide a recommendation as how to proceed with the proposed revisions .
ENVIRONMENTAL REVIEW
The 2004 Guidelines were subject to environmental review. Staff prepared and City Council
adopted a Negative Declaration for the Guidelines (provided as an attachment to the July 27tn
staff report) . As part of the environmental review process , the Guidelines were found to be
consistent with the Master Plan and no environmental studies were prepared as part of the
environmental review for the Guidelines. The type of environmental review required will be
determined after Planning Commission review and recommendation on the Guidelines.
Proposed Revisions to the Ukiah Municipal Airport euilding Area and Land Use P/an Development Guidelines
September 28, 2011
3
PUBLIC NOTICE AND COMMENT
At the July 27th workshop to review the Guidelines, Planning Commission indicated it wanted to
ensure all interested parties were aware of the proposed revisions to the Guidelines. In
response to that concern , notice of this public hearing was provided in the following manner:
■ Mailed to property owners within the boundaries of the Guidelines;
■ Mailed to property owners within 300 feet of parcels within the boundaries of the
Guidelines;
■ Mailed to all Airport tenants; and
■ Posted in three locations at the airport.
Since the action requested of the Commission is to make a recommendation to the City Council ,
a notice in the newspaper was not required and was not provided .
As of the writing of this staff report, no written correspondence has been received regarding the
proposed revisions to the Guidelines.
ATTACHMENTS
1 . Public Facility ( PF) Zoning District
2 . Ukiah Municipal Airport Master Plan Excerpt Pages 7-29 and 7-30
3 . Ukiah Municipal Airport Building Area and Land Use Plan Development Guidelines
adopted by City Council April 7, 2004 �
4. Mendocino County Airport Land Use Commission , Table 7A : Current Compatibility
Criteria
Proposed Revisions to the Ukidh MunicipaPAirport euilding Area and Land Use Plan Development Guidelines
September 28, 2011 '
4
ATTACHMENT 1
ARTICLE 15
REGULATIONS IN PUBLIC FACILITIES (PF) DISTRICTS
9170: PURPOSE AND INTENT: This district classification is intended to be applied to properties which
are used for or are proposed to be used for public or quasi-public purposes or for specified public utility
purposes . Additionally, the purpose of the Public Facilities Zoning District is to provide business
opportunities on large public-serving land uses such as the airport. Finally, the Public Facilities Zone is
consistent with the Public ( " P " ) land use designation ofthe General Plan . ( Ord . 1009, § 1, adopted 1998)
9170. 1 : ALLOWED USES: The following uses are allowed in the Public Facilities ( PF) Zoning District :
Airports and aviation-related functions and uses .
Civic centers and similar sites and uses .
Conservation and natural resource conservation areas .
Fairgrounds .
Historical sites and monuments .
Parks and recreation areas and facilities .
Public. gardens.
Public schools .
Public utility facilities and uses .
Uses and structures which are incidental or accessory to allowed uses . ( Ord . 1009, § 1, adopted 1998)
9170.2 : PERMITTED USES: The following uses are permitted in the Public Facilities ( PF) Zoning District
subject to first securing a use permit:
Community concerts, farmers markets, craft bazaars, and flea markets .
Corporation yards .
Establishment, maintenance, operation and removal of circuses, carnivals, amusement parks, open-air
theaters, or other similar temporary establishments involving large assemblages of people .
Light manufacturing and industrial uses .
Minor food services unrelated to the primary use .
Public cemeteries and similar uses .
Public transportation facilities.
Quasi-public land uses .
Refuse disposal/recycling areas, and refuse transfer stations and similar uses .
Storage facilities and bulk fuel storage .
City of Zoning Ordinance
Article 15: Public Facilities District ( PF)
1
Uses and structures which are incidental or accessory to permitted uses. (Ord . 1009, § 1, adopted 1998)
9170.3 : BUILDING HEIGHT LIMITS: The maximum height limits for buildings in a Public Facilities ( PF)
Zoning District are as follows :
A. Airport Buildings : The height limit for buildings on the City airport grounds varies depending upon
exact location . The maximum height shall be pursuant to the provisions of Division 3 , Chapter 9,
Article 2 of this Code .
B. City Park Buildings : Thirty feet (30' ) . '
C. City Utility Facilities And Public Safety Structures : Forty feet (40' ), except for electrical transmission
towers, which are not limited in height.
D . School Buildings : Thirty feet ( 30' ) .
E . Fairground Buildings : Thirty feet ( 30' ) . (Ord . 1009, § 1, adopted 1998)
9170.4: REQUIRED SITE AREA: There is no required site area for the Public Facilities ( PF ) Zoning District.
( Ord . 1009, § 1, adopted 1998)
9170.5 : REQUIRED YARD SETBACKS: While no specific yard setbacks are established for the PF Zoning
District, it is intended that the yard setbacks shall be equal to or greater than those for adjacent districts.
The exact yard setbacks for development projects in the PF Zoning District shall be established and set
forth as conditions of approval in the discretionary review process . (Ord . 1009, § 1, adopted 1998 )
9170. 6: REQUIRED PARKING : The minimum parking area required in the Public Facilities ( PF) Zoning
District shall be as follows :
A. Public Utility Facilities : One parking space for each employee on duty at any one time, and one space
for each vehicle used in connection with the facility with a minimum of three (3 ) spaces . One
additional space for every two hundred fifty (250) square feet of office space .
B . Elementary And Junior High Schools : Three ( 3 ) spaces for each classroom . A minimum of one
designated bus zone for loading and unloading students. One space per office, and a minimum of
three (3 ) on-site designated drop-off/pick-up spaces .
C. Senior High School : One space for each member of the faculty and each employee, plus one space for
each six (6) students . A minimum of three (3 ) on-site designated drop-off/pick-up spaces .
D . Airport : The number of required parking spaces at the airport shall depend on the individually
proposed uses . The number of spaces shall be determined by the provisions contained in Article 17
of this Chapter.
E . Stadiums And Ball Fields : The number of spaces shall be equal in number to thirty three percent
(33%) of the capacity of the facility.
F . Golf Driving Range : One parking space per tee, plus the spaces required for additional uses on the
site .
City of Zoning Ordinance
Article 15 : Public Facilities District (PF) '
2
G . Golf Course : Six (6) spaces per hole, plus the spaces required for accessory uses on the site .
H . Miniature Golf Course : Three (3 ) spaces per hole, plus the spaces required for accessory uses on the
site .
I . Commercial Swimming Pool : One space for each one hundred ( 100) square feet of water surface .
J . Tennis Courts : Three (3 ) spaces for each court, plus the spaces required for accessory uses on the site .
K. Other Uses : All other uses are subject to the provisions contained in Article 17 of this Chapter. (Ord .
1009, § 1, adopted 1998)
9170.7 : ADDITIONAL REQUIREMENTS: The following additional requirements are applicable in the
Public Facilities ( PF) Zoning District :
A. Existing development as of the date hereof inconsistent with the provisions listed herein, shall be ,
considered legal nonconforming, provided that they were legal at the time of their creation, and
shall be subject to the nonconforming provisions contained in this Chapter.
B . A site development permit shall be required for development projects in the Public Facilities ( PF)
Zoning District, pursuant to the requirements of subsection 9261B of this Chapter.
C. All development projects in the PF Zoning District requiring discretionary review shall include a
proposed landscaping plan commensurate with the size and scale of the proposed development
project. Landscaping plans shall be submitted as a required component of all site development and
use permits at the time of application filing.
D . Landscaping plans submitted for projects on the Ukiah Municipal Airport property shall not include
trees, except in areas deemed acceptable in the airport master plan . Landscaping plans submitted
for public utility projects shall only include trees if they will not conflict with utility operations .
E. All proposed landscaping plans, except as noted in subsection D of this Section shall comply with the
following standards :
1 . Landscaping shall be proportional to the building elevations.
2 . Landscape plantings shall be those which grow well in Ukiah 's climate without extensive
irrigation . Native species are strongly encouraged .
3 . All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature
appearance can be attained in a reasonably short amount of time .
4 . Deciduous trees shall constitute the majority of the trees proposed along the south and west
building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar
access .
5 . Parking lots with twelve ( 12 ) or more parking stalls shall have a tree placed between every four
(4) parking stalls within a continuous linear planting strip, rather than individual planting wells,
unless clearly infeasible . Parking lot trees shall primarily be deciduous species, and shall be designed
City of Zoning Ordinance :
Article 15 : Public Facilities District (PF)
3
to provide a tree canopy coverage of fifty percent (50%) over all paved areas within ten ( 10) years of
planting. Based upon the design of the parking lot, a reduced number of trees may be approved
through the discretionary review process .
6. Parking lots shall have a perimeter planting strip with both trees and shrubs .
7 . Parking lots with twelve ( 12 ) or more parking stalls shall have defined pedestrian sidewalks or
marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes .
Based upon the design of the parking lot, and the use that it is serving, relief from this requirement
may be approved through the discretionary review process .
8 . Street trees may be placed on the property proposed for development instead of within the
public right of way if the location is approved by the City Engineer, based upon safety and
maintenance factors .
9 . All new developments shall include a landscaping coverage of twenty percent (20%) of the gross
area of the parcel, unless because of the small size of a parcel, such coverage would be
unreasonable . A minimum of fifty percent ( 50%) of the landscaped area shall be dedicated to live
plantings . �
10. Landscaping plans shall include an automatic irrigation system, signs, lighting plan, and any other
design amenities.
11 . All required landscaping for public facility development projects shall be adequately maintained
in a viable condition .
12 . The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the
authority to modify the required elements of a landscaping plan depending upon the size, scale,
intensity, and location of the development project. (Ord . 1009, § 1, adopted 1998 ) �
9170.8: DETERMINATION OF APPROPRIATE USE : Whenever a use is not listed in this Article as a use
permitted by right or a use subject to a use permit in the PF Zoning District, the Planning Director shall
determine whether the use is appropriate for the Zoning District, either as a right or subject to a use
permit. In making this determination, the Planning Director shall find as follows :
A. That the use would not be incompatible with other existing or allowed uses in the PF Zoning District.
B. That the use would not be detrimental to the continuing development of the area in which the use
would be located .
C. In the case of determining that a use not articulated as an allowed or permitted use could be
established with the securing of a use permit, the Planning Director shall find that the proposed use
is similar in nature and intensity to the uses listed as permitted uses . All determinations of the
Planning Director regarding whether a use can be allowed or permitted in the Public Facilities ( PF)
Zoning District shall be final unless a written appeal to the City Council, stating the reasons for the
appeal, and the appeal fee, if any, established from time to time by City Council resolution, is filed
with the City Clerk within ten ( 10) days of the date the decision was made . Appeals may be filed by
an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on
the appeal in accordance to the applicable procedures as set forth in this Chapter. At the close of
City of Zoning Ordinance •
Article 15 : Public Facilities District (PF)
4
the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of
the Planning Director. All City Council decisions on appeals of the Planning Director's actions are
final for the City. (Ord . 1009, § 1, adopted 1998)
City of Zoning Ordinance
Article 15: Public Facilities District ( PF)
5
i
Land Use and Environmental Issues / Chap 7
._� . ��'G1��tfYtE'Plf #
_ ` 'i residential designations. The Ceneral Plan also should reflect the pro-
l posed City acquisition of approach protection easements within and ad-
( jacent to both RPZs . .
lAirport Overlay Zone
- The Ciiy of Ukiah does not cur- An airport overlay or combining zone is a method of incorporating speci-.
� rently have an airport overlay zone fic airport compatibility criteria into local zoning ordinances while still
for Ukiah Municipal Airport other allowing the basic underlying zoning applicable throughout the commu-
than height �imits in accordance nity to be maintained. Various types of airport-related criteria can be in -
I with FAR Part 77. Adoption of an cluded in an airport overlay zone.
airport overlay zoning ordinance is
recommended in the draft Ukiah
Genera/ Plan Airport Element. • Height Limitations — The most common use of an airport overlay
� zone is to implement the height restrictions defined by FAR Part 77
for airspace protection purposes . Figure 71 depicts the Part 77 Air-
space Plan for Ukiah Municipal Airport. This section of the overlay
I zone also should indicate the Part 77 requirements for notifying the
FAA regarding construction near the Airport.
I • Other Flight Hazards — This section of the ortlinance would prohibit
other conditions which could be hazardous to flight. As described
� earlier in this chapter, these conditions include visual and electronic
I �� interference and uses which attract birds.
1
� An alternative — or perhaps sup-
� • Development Density Limitations — As discussed earlier, develop-
plemental — method for defining ment density is a primary measure of noise and safety-related airport/
airport-re�ated density criter�a land use compatibility. Because density limitations are generally not
would be to incorporate the criteria incorporated into community-wide zoning regulations for nonresiden-
I iMo an airport area specific plan, tial development, an overlay zoning ordinance offers one of the few
rather than irrto an overlay zoning
ordinance. This concept is basic- mechanisms for codifying these criteria. The criteria could be pre- .
ally the format used in the AirpoR sented in the form of a "Compatibility Criteria" table such as the one
I Industrial Park Planned Develop- included in the Mendocino County Airport Land Use Commission 's
ment — in which principa� uses, Compatibility Plan . (Several modifications to the ALUC 's criteria with
conditional uses, nuisances, pra
hibited uses, and development respect to Ukiah Municipal Airport are noted on page 7-23 in the •
� standards are each listed. TheAir: recommendations for ALUC action .) :
port/ndustria/ParkPlanned Devel-
opment, however, does not ad . Prohibited Land Uses — Certain types of land uses, even if otherwise
dress airport compatibility issues.
I Criteriaregardinghazardstoflight, acceptable with respect to category and density, pose high risks and
particu�ar�y the potentia► tor ta�� should be prohibited within portions of the airport environment
antennas, shauld be added. Also, These uses, as noted earlier, include schools, day care facilities, hospi-
some restrictions on very-high ��s, and nursing homes .
I densities are needed.
� • Noise Attenuation Requirements — The purpose of this section �
would be to assure that aircraft noise levels occurring outside of
lstructures located in high noise areas are reduced to acceptable
� levels inside the structures . The criteria to be met would be estab-
� lisfied here, but specific structural techniques would more likely be
Jdefined in the building code .
7 - 29
;
g
,
Land Use and Envfronmental /ssues / Chapter Z �
. .. ...�
• Areas of Special Compatibility Concern — A minor, but potentiaily }
valuable, function of an airport overlay zone would be to broadly in- 4 "
� dicate the areas affected by airport activity. This technique is particu- �
larly useful as a means of designating parcels for which the existing
land use zoning is compatible with airport activities, but for which a - �
change to other classifications may not be compatible. In effect, it �
would serve as sort of a caution flag indicating that airport compati-
bility concerns must be addressed when considering any proposals to � �
change or grant variations to the underlying zoning designation . ' ;
,
• Buyer Awareness Measures — The boundaries of areas where buyer ,
awareness measures would apply can be delineated as part of an ;
� overlay zone . Forms of ineasures which might be considered are dis- �
cussed below.
=- i
�
Buyer Awareness Program
, �
Buyer awa�eness is an umbrella category for three types of ineasures �
whose objective is to ensure that prospective buyers of property in the
vicinity of an airport are informed about the impacts on the property. It = �
can be implemented either as part of an airport overlay zone as describ- - �
ed above or as a separate ordinance . The City is st�ongly encouraged �to
establish a program of this type . - ,
�
, � Avigation Easement Dedication — A requirement for avigation ease- '
ment dedication is usually applied only to new development It is the �
most comprehensive and stringent form of a buyer awareness meas- j
� ure. Although the rights associated with most avigation easements '
are established in other forms (e .g ., local, airport-vicinity, height-limit �
zoning ordinances and Federal Aviation Regulations), an avigation � _
easement clearly conveys these rights to the airport owner. �
• Deed Notices — Deed notices are similar to avigation easements in �
that they are recorded with the deed . to a property and are usually
i
implemented only in conjunction with some form of development ap-
proval process. Unlike easements, though, they do not convey any �
property rights. Deed notices serve only to formalize the fact that a - 1
property is subject to aircraft overflights and noise.
• Real Estate Disclosure — Real estate disclosure is the least formal �
method of implementing a buyer awareness program. It relies upon
standard real estate disclosure practices to ensure that prospective �
buyers of property in the airport vicinity are informed about the prox• . ,
imity of the airport and the impacts it creates . The likelihood of this
� information being disclosed can be increased if the airport or the lo- !
- cal land use jurisdiction provide official notification to local rea) estate )
brokers and . tide companies . This notification should indicate the lo- � ';
cation of airport traffic patterns and other areas routinely subject to , � �
overflights by aircraft arriving at and departing from . the airport.
7 - 30 �
,
�s��a�ht�rt�nt #
UKIAH MUNICIPAL AIRPORT
BUILDING AREA & LAND USE PLAN
DEVELOPMENT GUIDELINES
Submitted to the Ukiah City Council
Apri17, 2004
ATTACHMENT 3
AGENDA SUMMARY FOR UKIAH MUNICIPAL AIRPORT
BUILDING & LAND USE DEVELOPMENT GUIDELINES
April 7, 2004
Ukiah Municipal Airport
Building Area and Land Use Development Plan
Guidelines
1 . PURPOSE AND INTENT
The purpose of this document is to further define Chapter 6 and 7 (Building Area Development, Land
Use and Environmental Issues) of the Ukiah Municipal Airport Master Plan by the establishment of land
use guidelines for designated areas on the Airport property and define allowed or permitted land use
activities that are compatible within these areas .
The intent of this document is to provide specific direction for the future development or redevelopment
of land owned by the Airport in a manner that is consistent with the airport master plan . In addition , the ,
document is intended to ensure that future land uses will compliment Airport functions and related
commercial services , rather than negatively impact airport operations .
II . COMPATIBILITY CRITERIA
All uses and development at the airport must be found to be compatible to airport operations and
security, including the compatibility criteria of the Ukiah Municipal Airport Master Plan and the Mendocino
County Airport Land Use Plan , which are attached to this document . Additionally, the Ukiah Regional
Airport has been officially designated as an Enterprise Fund Department and all land uses and
development projects must enhance airport revenues or provide services considered integral to airport
operations .
III . AVIATION -RELATED USES '
Aviation-related uses consist of City-operated and maintained uses considered essential to airport
operations, including , but not limited to, hangars , fuel station , staff facilities ; equipment storage areas and
aircraft tie down aprons .
� Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 1
3-2
Other Aviation-related uses consist of privately operated businesses known as Fixed Base Operators
( FBO ) that require proximity to runways , taxiways , fueling stations and airport services . These include
manufacturers of aircraft or aircraft parts and businesses that provide flight instruction or maintain ,
repair, rent, or charter aircraft. They also include FBO such as electronics or machine shops where
all the aircraft-related goods and services make up only a percentage of the overall goods and
services , and businesses that prefer to locate at the airport for the convenience of operation , such as
manufacturers or distributors who use both air and ground transportation .
IV. AIRPORT SUPPORT USES
These are uses that are supportive of, but not essential to , the operation of the airport and are
typically found in or near airport terminals . These uses include vehicle rental agencies , food services ,
travel ticketing offices, and other services that would be useful and beneficial to persons that work at
or visit the airport.
V. LAND USE AREA DESCRIPTIONS
This document divides the airport property adjacent to the airport runway into five areas defined by
existing land uses and their potential for particular development patterns . These planning areas,
which are designated as the Eastside North , Eastside South , Westside North , Westside Central and
Westside South planning areas, are shown on Attachment 1 of this document .
A) Eastside North Area
This area consists of the lands bounded by Hastings Avenue on the north , Airport Road on the east,
the airport's Segmented Circle on the south , and the APL (Airline Parking Line ) and Runway
Protection Zone ( RPZ) on the west. Within the Eastside North Area , three (3 ) sub-areas with the
potential for distinctly different development patterns have been identified . Each is described below.
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 2
33
1 . Eastside North Sub-Area 1
This area consists of approximately 2 .8 acres of developable land that is now being leased by for use
as a private lumberyard . This area , which extends northward from the City Corporation Yard , is
designated for aviation related land uses and has been identified as having revenue enhancing
potential because of its access to high traffic city streets and its proximity to retail commercial
businesses. Development priority for this area shauld be given to aviation-related land uses that
compliment the airport environment while providing the highest and best potential for revenue
sources .
Master Plan Compatibility Zone : B- 1 (Approach/Departure Zone & Adjacent to Runway)
Minimum Building Footprint : 6 ,400 square feet. The development of structures or other permanent
fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited
if it is determined that they could impede aircraft operations or the line of sight from the airport tower.
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 (B ) of the Ukiah Municipal Code .
■ Large size hangars
■ Aircraft avionics
■ Aircraft painting / bodywork
■ Aircraft sales / leasing
■ Aircraft service / repairs
■ Machine shop '
■ Aircraft and aircraft pa�ts manufacturing
■ Heliport and helicopter operations, including offices and other support facilities
Permitted Uses : The following Uses require the securing of a Use Permit, pursuant to the provisions
contained in Section 9262 (B ) of the Ukiah Municipal Code .
■ Manufacturing
■ Warehouse and distribution
■ Electronic assembly / repair '
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 3
3- �
■ Technical services
■ Freighting �
■ Professional offices
■ Food service
■ Uses or structures that are incidental or accessory to permitted uses that are not aviation-
related .
2 . Eastside North Sub-Area 2
The second sub-area is the City of Ukiah 's Corporation Yard , which contains City-operated offices ,
machine shops , vehicle repair facilities , maintenance yards , and storage . This area has been
identified as an ideal location for the future airport operations yard .
Master Plan Compatibility Zone : A (Runway Protection Zone or Within BRL)
Minimum Building Footprint: There is no minimum size for a building footprint in this area . The
development of structures or other permanent fixtures in the area between the Airport Property Line
and the Building Restriction Line are prohibited if the Airport Manager determine they could impede
aircraft operations and the line of sight from the airport tower.
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 ( B ) of the Ukiah Municipal Code .
■ Corporation yard
■ Airport operations yard
Permitted Uses : The following uses require the securing of a Use Permit, pursuant to the
provisions of Section 9262 of the Ukiah Municipal Code :
• Storage facilities
� Public transportation facilities
� Uses or structures that are incidental or accessory to permitted uses that are not aviation-
related
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 4
3 •5
3. Eastside North Sub-Area 3 : This sub-area is located between the Corporation Yard and the
Segmented Circle , with Airport Road on the east and the APL on the east .
Master Plan Compatibility Zone : A ( Runway Protection Zone or Within BRL)
Minimum Building Footprint: There is no minimum size for a building footprint in this area . The
development of structures or other permanent fixtures in the area between the Airport Property Line
and the Building Restriction Line are prohibited if it is determined that they could impede aircraft
operations or the line of sight from the airport tower.
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 ( B ) of the Ukiah Municipal Code .
■ Large size hangars
■ Aircraft avionics
■ Aircraft painting / bodywork
■ Aircraft sales / leasing
■ Aircraft service / repairs
■ Aircraft and aircraft parts manufacturing
■ Heliport and helicopter operations , including offices and other support facilities
■ Machine shop
Permitted Uses : The following Uses require the securing of a Use Permit, pursuant to the provisions
contained in Section 9262 (B) of the Ukiah Municipal Code .
■ Manufacturing
■ Warehouse and distribution �
■ Electronic assembly and repair
■ Technical services
■ Freighting
• Professional offices
■ Food services
■ Uses or structures incidental or accessory to permitted uses that are not aviation-related .
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 5
3 - (�
B) Eastside South Planninp Area
This area is located be between Airport Road on the east, the BRL on the west, the Segmented Circle
on the north , and on the south by the airport boundary line . There are two sub-areas in the Eastside
South area and both are designated for aviation related land uses .
1 . Sub-Area 1 : This sub-area is a long , narrow strip of land located on the northern portion of the
Eastside South Area . `
Master Plan Compatibility Zone : B2 (Extended Approach/Departure Zone )
Minimum Building Footprint: There is no minimum size for a building footprint in this area . The
development of structures or other permanent fixtures in the area between the Airport Property Line
and the Building Restriction Line are prohibited if it is determined that they could impede aircraft
operations and the line of sight from the airport tower.
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 ( B ) of the Ukiah Municipal Code .
• Aircraft parking and tie-downs
� Automobile parking
• Primitive parking/picnic area
Permitted Uses : No permitted land uses apply in this sub-area .
Z. Eastside South Sub-Area 2 : The southerly sub-area consists of approximately 17 acres of land
adjacent to the southeastern end of the runway. This area has been identified as an ideal location for
a new California Department of Forestry (C . D . F . ) Fire Attack Base or for other large aviation-related
operations .
Master Plan Compatibility Zone : 62 ( Extended Approach/Departure Zone)
Minimum Building Footprint: The minimum size for a building footprint in this sub-area is 6 ,400
square feet. The development of structures or other permanent fixtures in the area between the
Airport Property Line and the Building Restriction Line are prohibited if it is determined that they could
impede aircraft operations and the line of sight from the airport tower.
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 (
3- •
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 (B ) of the Ukiah Municipal Code .
■ Large size hangars
' ■ Aircraft avionics
■ Aircraft painting / bodywork
■ Aircraft sales / leasing .
■ Aircraft service / repairs
■ Machine shop
■ AC manufacturing
■ Fire attack base
■ Helicopter and helicopter operations
Permitted Uses : The following uses require the securing of a Use Permit, pursuant to the provisions
of Section 9262 of the � Ukiah Municipal Code .
■ Manufacturing
■ Warehouse and distribution
■ Electronic assembly / repair
■ Technical services
■ Freighting
■ Professional offices
�
■ Food service :
■ Medium size hangars
C) Westside North Planninq Area
This area is bordered by Hastings Avenue on the north , the Airport Building Restriction Line (BRL) on
the east, State Street on the west, and the toe of a small embankment on the south . Existing
development in the Westside North area includes both medium size and large hangars , with the
majority of the large hangars occupied by Fixed Base Operators ( FBO) . This area is constrained by
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 7
3 - a
several slopes and an irregular shape that will require creative site planning and design throughout.
This is particularly pertinent in the northernmost area , which may only be able to accommodate
medium size buildings due to a wedge-like shape that becomes narrower near the Hastings Avenue
frontage . For the most effective utilization of the northern tip , a shared or communal parking lot is the
best solution .
Master Plan Compatibility Zone : B2 ( Extended Approach/Departure Zone )
Minimum Building Footprint: Due to the varied size and shape of the developable lands in this sub-
area , the minimum size for a building footprint shall be determined during the site development
process . Building footprints for new structures shall be compatible with the building footprints of
existing structures and consistent with the parking and landscaping standards of these guidelines .
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 ( B ) of the Ukiah Municipal Code .
■ Large and medium size hangars
• Aircraft avionics
■ Aircraft painting / bodywork
■ Aircraft sales / leasing
■ Aircraft service / repair
• Machine shop
■ Aircraft manufacturing
Permitted Uses : The following Uses require the securing of a Use Permit, pursuant to the provisions '
of Section 9261 ( B ) of the Ukiah Municipal Code .
■ Manufacturing
■ Warehouse and distribution
■ Electronic assembly / repair
■ Technical services
■ Freighting
■ Medium size hangars
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 g
3 ~q
D) Westside Central Planninp Area
This area is located south of the Westside North area , on land between State Street and the west side
of the Building Restriction Line ( BRL) . This area contains the main airport entrance , which intersects
with access roads that run to the north and south . It also contains the terminal buildings and other
structures, a public viewing area , and several large parking lots .
Over the last forty years , the Westside Central Area has been developed with a variety of structures
with an incongruous layout. This area has been identified as the prime candidate for an improved
terminal facility and grounds that will improve the area's site design and serve airport clientele more
e�ciently.
Master Plan Compatibility Zone : B2 ( Extended Approach/Departure Zone)
Minimum Building Footprint: The minimum size for a building footprint in this sub-area is 6 ,400
square feet.
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 (B ) of the Ukiah Municipal Code .
■ Airport administrative offices , air control towers , and structures directly related to airport
support functions
■ Terminal buildings that include , but are not limited to , restaurants and other food servers ,
professional offices, conference rooms , flight instruction classrooms , convenience stores ,
public transport facilities, and other commercial facilities routinely found in terminals .
■ Outdoor seating areas
Permitted Uses : The following uses require the securing of a Use Permit, pursuant to the provisions
of Section 9262 of the Ukiah Municipal Code , unless they are located within a terminal building :
■ Professional offices
■ Automobile rental offices and parking areas
■ Courier services
■ Public transportation facilities , such as taxi stands , bus stops , and inter-modal transport center
■ Commercial retail or food services (deli/bakery/restaurant)
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 9
3` lo
E) Westside South Planninq Area
This sub-area is located between State Street on the west, the BRL line for the west side of the
runway on the east, and the southern property line for the airport on the south . A commerciaf nursery
and a gravel access road that extends onto the airport property occupy the southwest corner of this
sub-area , with an electric gate controlling ingress and egress onto the airport grounds . A large
building with 8 hangar spaces is being constructed south of the access roadway, but concentrated
groupings of small and medium size hangars make up the majority of development in the area . This
area also contains fixed base operators that provide services to the aviation community, as well as
older hangars and buildings that have been identified for redevelopment or replacement with small
and medium size hangars and the development of public restroom facilities .
The vacant field north of the hangar area and south of the public parking lot is designated for small
hangar development at maximum allowable density. Public or fleet parking facilities may also be
located in a portion of this area , based on the final design of the terminal building proposed for the
Westside Central development area .
Allowed Uses : The following uses require the securing of a Site Development Permit, pursuant to
the provisions of Section 9261 (B ) of the Ukiah Municipal Code .
■ Aircraft tie-down apron
■ Small and medium size hangars
■ Hangar ports and sunshades
■ Aircraft avionics
■ Aircraft painting , repair, and maintenance
■ Aircraft rentals
■ Flight schools
■ Crop dusting service
■ Airplane / helicopter / hot air balloon charters and tours
■ Airplane / helicopter rental services
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 1 �
3� � �
Permitted Uses : The following Uses require the securing of a Use Permit, pursuant to the proVisions
of Section 9262 of the Ukiah Municipal Code .
■ Automobile parking
■ Pasture , field crops , vineyard
VI . HEIGHT LIMITS
All structures and landscaping constructed or otherwise installed in any portion of the Ukiah Municipal
Airport property shall be consistent with the height restrictions defined by FAR Part 77 for airspace
protection purposes . The determination of maximum height for specific structures or landscaping shall
be prepared by a civil engineer and approved by the Director of Public Works/City Engineer prior to
any construction or installation of vegetation .
VII . REQUIRED PARKING
The number of required parking spaces at the airport shall depend on the individually proposed uses
and shall be determined by the parking provisions contained in Article 17 of the Ukiah Municipal
Code .
In addition to these provisions , new parking spaces on the airport grounds should generally be
developed in the following manner:
• Parking spaces should be located on the groundsides of buildings or in other areas where vehicle
� operation and parking would not adversely affect aircraft movements or other aviation-related '
operations .
• Parking spaces for higher density land uses (such as retail or professional office development) or
concentrations of smaller structures (such as individual hangars) should be in communal parking
lots whenever possible . Parking space credit may be considered for those businesses that use
communal lots or have employees which bike , walk, use public transit or carpool to work . :
� Communal parking lots containing 12 or more spaces should be developed with the landscaping
and defined pedestrian sidewalks or walkways outlined in the Landscaping section below. ,
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 11
3r12
VIII . ADDITIONAL REQUIREMENTS
a . A Site Development Permit is required for all allowed land uses involving new construction in
the Airport PF Zoning District. This discretionary permit shall be processed in accordance
with the provisions of Article 20 of the Ukiah Municipal Code :
b . A Use Permit is required for all permitted land uses in the Airport PF Zoning District .
c . All development projects requiring a discretionary permit shall include a landscaping plan
that is commensurate with the size and scale of the proposed development project.
Landscaping plans shall be submitted as a required component of all site development and
use permits at the time of application filing .
d . All proposed landscaping shall comply with the following standards :
1 . Landscaping is not required on the airside of buildings , as defined in the glossary below.
However, amenity landscaping , such as pots , planters , benches , fountains may be
installed on the airside of the building if the Airport Manager determines that it would not
adversely affect aircraft movements or other aviation-related operations . .
2 . Landscaping is required on the groundsides of buildings .
3 . Landscaping shall be proportional to the building elevations and limited to those plant
species that are consistent with the height requirements listed above .
4 . All landscape plantings shall be of sufficient size, health and intensity so that a viable and
mature appearance can be attained in a reasonably short amount of time .
5 . Deciduous trees shall constitute the majority of trees. They shall be of inedium , umbrella
shaped canopy and be of species commonly used in commercial parking lots . Trees with
easy leaf clean up and little limb breakage . °
6 . Parking lots with twelve ( 12 ) or more parking stalls shall have a tree placed between
every four (4) parking stalls within a continuous linear planting strip , rather than individual
planting wells , unless clearly infeasible . Parking lot trees shall primarily be deciduous
species , and shall be designed to provide a tree canopy coverage of fifty (50% ) percent
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 12
3�'� 3
,
over all paved areas within ten ( 10 ) years of planting . Based upon the design of the
parking lot, a reduced number of trees may be approved through the discretionary review
process .
7 . Parking lots shall have planting areas with both trees and shrubs . Based upon the
design of the parking lot, and the use that it is servicing , relief from this requirement may
be approved through the discretionary review process .
8 . Landscaping plans shall include an automatic irrigation system and lighting plan .
9 . All required landscaping shall be adequately maintained in a viable condition , including
any tree trimming required to comply with the height requirements of the airport
depending upon the size , scale , intensity, and location of the development project.
IX. DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted as a right or a use subject to a use
permit at the airport, the Planning Director and Airport Manager shall determine whether the use is
appropriate for the airport either as an allowed or permitted use . In making this determination , the
Planning Director and Airport Manager shall find as follows :
a . That the use would not be incompatible with other existing or allowed uses at the airport.
b . That the use would not be detrimental to the continuing development of the area in whieh the
use would be located .
c . In the case of determining that a use not articulated as an allowed or permitted use could be
established with the securing of a use permit, the Planning Director shall find that the
proposed use is similar in nature and intensity to the uses listed as permitted uses . All
determinations of the Planning Director regarding whether a use can be allowed or permitted
at the airport shall be final unless an applicant, or any interested party, submits a written
appeal stating the reasons for the appeal , and any applicable appeal fee , to the City Clerk
,
within ten ( 10) days of the date the decision was made . The City Council shall then conduct a
duly noted public hearing on the appeal in accordance to the procedures set forth in Article
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 13
3- 1�-
20 (Administration and Procedures) of the Ukiah Municipal Code . At the close of the public
hearing , the City Council may affirm , reverse, revise or modify the appealed decision of the
Planning Director. All City Council decisions on appeals of the Planning Director's actions
are final for the City. (Ordinance 1006 , Section 1 , adopted 1998)
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 14
3- I5
� GLOSSARY OF AIRPORT LAND -USE TERMS
The following aviation-oriented words or terms are regularly used throughout the Ukiah Municipal
Airport BuildinQ Area and Land Use Development Plan Guidelines. Additional definitions related to
airport use may also be found in the glossary included as Appendix I of the Ukiah Municiqal Airport
Master Plan .
Airside — that portion of the building that opens directly to a taxiway or taxi apron , as well as the sides
of the same building extending twenty (20) feet back from airside opening .
Hanger — there are three (3 ) categories of size :
1 . Small — up to 2 , 000 square feet
2 . Medium — 2 , 001 to 6 , 399 square feet
3 . Large — 6 ,400 square feet and up
Fixed Base Operator (FBO) — a business operating at an airport that provides aircraft senrices to the
general public, including but not limited to sale of fuel and oil ; aircraft sales , rental , maintenance , and
repair; parking and tiedown or storage of aircraft; flight training ; air taxi/charter operations ; and
specialty services , such as instrument and avionics maintenance , painting , over-haul , aerial
application , aerial photography, aerial hoists, or pipeline patrol .
In addition , FBO usually operates out of the larger hangars . Within the hangar there is normally an
office , employee lounge , customer area and restroom . FBO often have employees and customers ,
which require a parking area . FBO buildings generally require landscaping .
Groundside - the portion of a building that does not open directly to a taxiway or taxi apron and is 20
feet, or more , from the airside of the building .
Primitive Camping/Picnic Area — an area devoted to open camping by pilots or other persons
attending an airport-related event.
Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 15
3- I�a
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Attachment # -- � � .
Land Use and Envlronmental lssues / Chapter 7
� : � �, ' �>, � > r, < w .� . , , I
r;:� � ct . '� v n � .st1 { � j 5 < C d � ' � Y t ! � t t {. � . � � Maximurre Densitles� t � ° , � �. -�f, ; +� ' �.:< . '
�:y' d . }r�� t�, w�^w� Mt�k> c 7 + � ? a r n � � .. �-�� .� p . .. . .uNw . ` , : . , � �i r �'a�p� ,i
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, .. . . } -. .. �.� r' � � y - a . � A � ` � . S � �.f� i�:a{I� � '�
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z: �; _t, . .. .� :: . , . ;... _- ,. ,
.
. esldertt(
�,. , w:�,
;: A%:i�; Runway Protecdon Zone or • Wigh risk 0 10 All
�;� �� ' '�� within 6uitding Restricdon • Wigh noise levels Aemaining
;. . .
"' -'` Line Required
;,. ,,
° 81;,:'. Approach/Departure Zone and • Substarnial risk — aircraft 10 acres 60 3096
�?;; . � ft
;-. :: .;� :.. , AdJacent to Runway commonly below 400 ft AG� Reguired
r.,:`,;';��: or within 1 ;000 ft of runway
;;.<<;z :<;; • Substarrtial naise
;;iH2s;>� FactendedAppraachlDeparture • Significant risk — aircraft cam- 2 acres 80 30%
':: � <;�_ Zone moniy below 800 ft. AGL Flecammended
'" � Significant nolse
�, `C: '� Common Traffic Pattern • Limited risk — atrcraft at or 15 unils 150 9596
'-.'%��''•��.: below 1 ,000 it AGL per acre Recommended
�:.; •_:;t.; • FraquerK noise intrusion
�.rI3:;;j- Other Airpart �nvirons • Negligible risk No No No
• Potentiatior annoyance from Umit Limit Flequirement
overfiights •
�. t - ..:,;
' G fS{ Y` T• 2 � � P}(�! '�� q n. ' 1. °f�� ir: ) 3 q "" �h `N � °- SI� � . � �. . . . . vt" .-Z �. l 1' � . �
i� �Ij' rk d5 •.qtl . 2Lh}C:��.y ��,�dtlit(arral Criterta� �-, 1 � l� { . �rt�T� ti i .Yi• +1 �� ' �e � � '� � � � I �'- � i4 !( �i � � Y�
ti ..y si �.htM ?t X t ti 4 t _ l , a �XBRIp�@& h �'i \ y« 5 ' F'
sZane� F�A{� ���'�,��;',<3�w;3�sf�" „;s;, T ��}, � , ;pt�er;DeVelopment ' ' ° Normail •:Acce tahte, �: .`' ' t!s`es: No�° Narmaif � N ;,
{� �;, , t ,�� ProHibiieB.Ct'sas. ,, . ,x ,. r � ,� � �3 s :
, :r , „ . .c 4np .1 < � r sb , y ,
"�.t °, :s�r� �r .� ��•,� s z� , 4 >is �, f, �� ` �� :.�� Eoridittons ;� _ � � Y. _>• ;�Uses , �, " � � ,Aac"eptabte, a
� _, ..�. , .n.. .e . .'§� . ll .fi�..2 .. . 3'.'. . .. ... � ..C;� . t�� ' : � . :- . :� wf � .... . ... . , : . � . " _ .,_�,_ . , . . ,r'r;
��f'�A�.`'��' • All stnactures except • Dedicaiion af aviga- • Aircraft tiedown apron • Heavy poles, signs,
� . .! .. ....L.
r< < �"�':�.': ones with location set tion easement • Pastures, field crops, larga traes, etc.
.: . , •:;;•�;.
� by aeronaufical func- vineyards
'_, ,�' ,::'�' � tion
>,;:. : �� • Autamobile parking
��''�'�'"=`i • Assembiages of peo-
,: �
� �. �;�;:;�",
�-�z;:» e< .;; ple
i:_..i,•.:4,�
:r;�:,. •.�:�r • Objecfs exceeding
� � - ? FAR Part 77 tieight
t;:',:�s;}'�k. Iimits
, L;��;;r:Je%'; • Hazarcls ta flightg
' :��� B1i;;: • Schools, day care • Locate structures • Uses in Zone A • Residential su6ctivi-
�arid ` cerrtere, libraries maximum diatance • Single-story offices slons _
. F ;;,82`. :.? • Hospitals, nursing from extended runway • Single-family homes on • Intensive retaii uses
'� "'; �` homes centerline an existing lot • In#ensive manufac-
� • Highiy noise-sensitive • �edicaHan af aviga- • Low-intensity retaii, of- turing or faod pra
• uses (e.g. amphi- iion easement flce, etc. cassing uses
iheaters) • Low-intensity manufac- • Muftipie stary offices
' � ' "'�' ' • Starage of highl�r flam- turing • Hotels and motels
.:. +:
mable materials • Food processing • Multi-familiy rasiden-
>' • Hazards to fiighta tial
'� ''� � �� Sch6ols • Uses in Zone 8 • Large shapping
.;.r
C�, : • + Dedica�on of over-
z :� r �.: • Hospifals, nurstng flfght easement for • Parks, playgrounds malis
° ' homesg residenGal uses • 7wastary motels � Theaters, audifori- :
4t �- � '# `� • Hazards to flights • ResidenNa! subdivsions ums
�'�:'�'= �=` • Intensive retail uaes • Large sports
/V �
^::,���>;;�; • Intensive manufacturing stadiums
�� :; ;;:;-`' or food processing uses • Hi-�ise office 6uild-
• Multi-family resider�tial ings
` `�:D;��' �': • Hazards to flighte • Deed notice required • Ail except ones hazard-
- "�� for resitlential devel- ous to flight
�::'>;.. :.; apment
. �•� i
Table 7A . '
� Current Compatibility Crifer�a
I Mendocina County ALUC ;
;
i
j 7 - 12
�
I ,
� Land Use and Envlronmental lssues / Chapfer T
. � 1
rvores
� .
; .
1 Residentiat parcels shou(d nat be smaller than the indicated size nor have more than the indicated
number of units per acre. Maximum densities expressed in acres are grass aares; those expressed
in units per acre are net acres . .
2 7he land use should not attract more than the indirated number of people per acre at any t1me.
� This frgure should include all individuals who ma.y be on the property (e.g„ empfoyees, cus-
tomerslvisitors, etc.}. These densities are intended as general planning guidelines to aid in
� determining the acceptability of proposed land uses. Special short term events refated to aviation
(e.g., air shows) , as weil as nan-aviation speciai events, are exempt from fihe maximum density
� criteria. � �
3 Open land requirements are intended to be applied with respect to the er�tire zane. This is typically
' accomplished as part of ifie community's master plan or a specific pfan.
4 These uses rypically can be designed to meet the density requirements and other development
condi�ons listed.
5 7hese uses typically da not meet the density and other development conditions listed. They should
i�e allowed onfy if a major communiiy objective. is served by their location in this aone and no feas-
ible alternative loca�on exists. '
' _ 6 See Policy Section 3.3.
7 May be modified by airport specific poficies.
�
� 8 ! n those portions of the B Zones: located lateral tv the runway, no restrictions on the storage of
' flammables apply. Within the balance of the 61 and 82 Zones, up to 2,000 gallons of fuel or
flammabies is allowed per parcei. More than 2;000 gallons of fuel or flammables per parcel within
the balance of the Bi and B2 Zones requires the review and approval by the ALUC. See Appendix
G for a diagram af typicai area tateral to the runway.
9 Refer to Policy 3.2.3. for definitions which distingaish between haspitals and medical clinics.
Source: Mendocino Caunty Alrpart Cand Use Compatibiliry Plan (October 7993) �
Note: The critarla Iisted in this tabfe are the countywlde pollcles adopted by ihe Mendoclno County Airport Land Use
Commission. Aecommended modifJcations speclflcalty applicable to Ukiah Municipa! Airport are dlscussed on page 7-32.
. . � . Tabie 7A - Continued
i �
�
i
.,
.�
.,,
� . ' 7 " i3 '
\ '
1 ITEM NO. 10A
Community Development and Planning Department
L�ity of Zikah 300 Seminary Avenue
Ukiah, CA 95482
planninq c(�.cityofukiah.com
(707)463-6203
2
3 DATE: September 28, 2011
4
5 TO: Planning Commission
6
7 FROM: Kim Jordan, Senior Planner
8
9 SUBJECT: Planning Commission Meeting Schedule for November and December 2011
10
11 The Planning Commission has regularly scheduled meetings on November 9t" and 23rd and
12 December 14th and 28th. The November 23rd meeting is the day before Thanksgiving and the
13 December 28th meeting is between the Christmas and New Year's holidays. In previous years,
14 the Planning Commission has held one meeting in November and one meeting in December or
15 has rescheduled the second meeting in November and December to dates less likely to conflict
16 with holiday schedules.
17
18 In order to allow staff to manage Planning Commission's agenda and to provide information of
19 meeting availability to project applicants, staff requests Planning Commission review and set its
20 meeting schedule for the months of November and December. Staff recommends the following
21 meeting schedule and requests that Planning Commission determine its meeting schedule for
22 November and December 2011.
23
November Meetin O tions
November 9t" Retain regularly scheduled Planning Commission meeting.
November 23rd Cancel regularly scheduled Planning Commission meeting due to proximity
to Thanksgiving Day(standard practice based on previous years).
November 30t" Substitute for November 23�d meeting. City Council chamber is available
for this date.
December Meetin O tions
December 14`h Retain regularly scheduled Planning Commission meeting.
December 28`h Cancel regularly scheduled Planning Commission meeting due to proximity
to Christmas and New Years.
December 12`h(Monday) Consider and schedule one of these days as a substitute for the December
December 15`h(Thursday) 28t" meeting. The City Council chamber is currently available for all of
December 20`h(Tuesday) these dates.
December 22"d(Thursday)
24
25
1