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Home My WebLink Aboutpcm_08132014Final 1 UKIAH PLANNING COMMISSION 2 August 13, 2014 3 Minutes 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Mike Whetzel, Chair 7 Kevin Doble, Vice Chair 8 Linda Sanders 9 Judy Pruden 10 Laura Christensen 11 12 STAFF PRESENT OTHERS PRESENT 13 Charley Stump, Planning Director Listed below, Respectively 14 Michelle Johnson, Planning Intern 15 Cathy Elawadly, Recording Secretary 16 17 1. CALL TO ORDER 18 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 19 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 20 21 2. ROLL CALL 22 23 3. PLEDGE OF ALLEGIANCE - Everyone cited. 24 25 4. APPROVAL OF MINUTES—The minutes from the July 23, 2014 meeting are included for review 26 and approval. 27 28 Commissioner Sanders made the following correction: 29 30 Page 3, line 32, `cavity masters' should read, `cavity nesters.' 31 32 M/S Doble/Pruden to approve July 23, 2014 minutes, as amended. Motion carried 4-0 with Chair 33 Whetzel abstaining. 34 35 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 36 37 6. APPEAL PROCESS — Chair Whetzel read the appeal process. For matters at this meeting, the 38 final date to appeal is August 25, 2014. 39 40 7. SITE VISIT VERIFICATION - Confirmed by Commission. 41 42 8. VERIFICATION OF NOTICE - Confirmed by staff. 43 44 9. PUBLIC HEARING 45 9A. Dharma Realm Buddhist University, 915 West Church Street, 200-246 Barnes Street, 225 46 Hope Street (File No.: Munis 237-UP-PC). Request for approval of a Major Use Permit to allow 47 the operation of a private university and residential school campus at the 4.96 acre former site of 48 Trinity School, APN: various. 49 50 Commissioners Pruden and Doble recused themselves for this agenda item. 51 52 Planning Director Stump provided the Commission with correspondence from public members that was 53 submitted to Planning staff today and incorporated into the minutes as attachment 1 and attachment 2. 54 55 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 1 1 Planning Director Stump gave a staff report: 2 • The Project is the former Trinity School site where Dharma Realm Buddhist University (DRBU) is 3 requesting approval of a major use permit to establish and allow operation of a private accredited 4 university and universal living environment for the university. 5 • DRBU would use the existing eight buildings as shown on the site plans in attachment 3 of the 6 staff report with the exception of the 'maintenance' building (Building H). The pool would also not 7 be used. 8 • Uses associated with the university include degree program classes, extension classes, 9 certificate programs, short-term classes, summer programs, lecture series and academic 10 conferences. 11 • The maximum number of students would be 160 and the maximum number of faculty and 12 employees would be 25 for a total of 185 persons. DRBU does not expect to achieve this number 13 of students on campus until 5-10 years. The university will start out with a smaller number of 14 students with an anticipated growth in student population over the years. 15 • Unlike the former owner of the site and previous use, the proposed university would have less 16 people on the site at any one time and therefore, less parking demand and traffic problems. 17 • While other potential uses were considered for the site, is of the opinion the proposed project is 18 an ideal use and a great fit for the community. 19 • As a private university, having a different type of philosophy and having a `sensitive' approach to 20 land use, DRBU is not a typical university system where gatherings and parties are common and 21 associated noise sometimes an issue. Most universities during instructional hours are typically 22 quiet such that staff has concluded noise would not be a significant factor associated with the 23 proposed use and essentially a non-issue. Finds that this university would also be similarly quiet 24 during evening hours as well. 25 • The applicants conducted a well-attended community/neighborhood meeting and while there 26 were questions about traffic/parking/historic structure status/truck delivery/noise/landscaping 27 restoration and/or other questions, the neighborhood was positive about the Project and 28 corresponding proposed use. Planning staff has not received any negative comments/expressed 29 concerns regarding the proposed project. In fact, planning staff has received positive comments 30 pertinent to the proposed Project. 31 • Explained the proposed parking for the Project as provided for in staff analysis on page 4 of the 32 staff report and noted traffic and parking studies were conducted ( See attachment 4 of the staff 33 report related to the section concerning parking and traffic). The on-site parking meets the Ukiah 34 City code standard. If on-street parking is factored into the parking requirement equation there 35 would be more than ample parking for a university. Should a special event occur that would 36 require additional parking, the applicants would, if necessary, utilize open space on the property 37 for overflow parking and/or use shuttle service from the main campus in Talmage. 38 • The applicants are committed to monitoring parking at all times and again intend to utilize shuttle 39 service from the primary campus if necessary. 40 • Landscaping restoration has to do with a particular area of the site on Stephenson and Church 41 Streets where the former owner removed the trees and paved it over. The current applicants are 42 aware of what has occurred and are proposing to plant some new trees to restore the urban 43 forest in this area and also to provide shade for the parking lot. 44 • Public concern was also expressed about community use of the existing gymnasium currently 45 used by the City youth basketball program for practices/games. Additionally, interest has been 46 expressed by other parties about the use of other campus facilities with the possibility of working 47 out some type of agreement for co-use during time when the university was not using them. As 48 such, the university has been `very open'to these concepts. 49 • Staff determined the Project is consistent with the Ukiah General Plan and the R-1 zoning 50 designation for the site as provided for in the staff report. One of the General Plan goals is for the 51 community to work together to formulate excellence in education. Is of the opinion the proposed 52 project highly contributes to achievement of this goal. 53 • The Project is an adaptive reuse of a site and an enhancemenUpreservation of community 54 character. It is a less intensive land use than the previous land use and will not impact the 55 neighborhood as much as the previous land use. Is of the opinion the proposed land use would MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 2 1 not likely impact the neighborhood at all. The university use will add to higher education 2 opportunities in our community in a way by using an existing facility with no construction. It can 3 lend itself to economic development adding to all sorts of positive benefits to the community. 4 • The proposed project is categorically exempt from CEQA review as analyzed in attachment 5 of 5 the staff report and consistent with the goal/polices of the general plan that allows for infill 6 development such as the proposed Project to occur with approval of a major use permit. 7 • Staff recommends the Planning Commission approve the proposed Project based on the draft 8 findings and draft conditions of approval as provided for in attachment 1 and attachment 2 of the 9 staff report. 10 11 Commissioner Sanders: 12 • Related to the letter received today expressing parking concerns asked whether or not Condition 13 of Approval 17 adequately addresses this concern? Further asked about whether Public Works 14 Department has had an opportunity to comment in this regard? 15 16 Planning Director Stump: 17 • Acknowledged the two correspondences staff received today regarding the Project. Did explain 18 what was occurring related to parking and traffic to the person expressing this concern to allow 19 for better understanding in this regard. During this discussion, it was suggested a `No Parking' 20 zone be implemented in a certain area on the south side of Church Street and explained the City 21 Traffic Engineering Committee has purview over these kinds of issues and that City Public Works 22 staff would be happy to assist her in this regard. 23 • Is of the opinion Condition of Approval adequately addresses potential parking issues. 24 25 Chair Whetzel: 26 • Requested clarification which building would not be used by the university at this time and how 27 the applicants plan to maintain an unoccupied boarded-up building. 28 29 Planning Director Stump: 30 • Referred to the site plans and explained the condition of the Maintenance Building (Building H) 31 located on the west side of Barnes Street requires evaluation before determining a suitable plan 32 for the future. The university currently does not plan to utilize this and the adjacent swimming 33 pool. The university will consider all available options for this and the pool including renovation 34 and demolition. Any future proposals for the structure will be consistent with the overall use and 35 setting of the site as a higher education campus. 36 37 PUBLIC HEARING OPENED: 6:20 p.m. 38 39 David Rounds: 40 • Is a board member for the Dharma Realm Buddhist Association and is highly pleased to 41 introduce/present the Project. 42 • Thanked Planning staff and staff in other City departments for a job well done on the proposed 43 university project. 44 • Introduced university colleagues that will address the project description, university 45 operations/programs, the site and uses, neighborhood appropriateness, community issues, 46 and/or other project-related matters, as well as answer Commission questions. 47 48 Wayne Chen, Dharma Realm Buddhist University, Director of Development and Strategic 49 Planning: 50 • Is very pleased to present the Project to offer higher educational program opportunities in the 51 downtown Ukiah area. 52 • Thanked the City departments/staff inembers and other persons that assisted in formulating the 53 Project. 54 • Is available to answer Commission questions. 55 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 3 1 Judy Pruden: Resides one block away from the proposed Project and made the following 2 comments/questions and recommendations for possible conditions of approval: 3 4 Noise 5 Dharma Realm Buddhist University is an institution that will generate noise in the day-to-day operation of 6 a university campus. 7 8 Some of the noises associated with an institution include dumpster lids and suggested the applicants 9 request from the garbage company dumpsters having plastic lids rather than metal and/or some other 10 material that generates loud noise. 11 12 The HVAC systems associated with the buildings are older and make noise in the neighborhood. Asked 13 the applicants to look at potential replacement of this equipment. 14 15 Noise generated from the various university programs would not be a problem. 16 17 Liqhting 18 Supports the lighting on the campus is sufficient for safety purposes, but not overly lit. All lighting fixtures 19 should be shielded and downcast and consistent with the standards and fixtures of the International Dark 20 Sky Association. 21 22 Truck/Delivery Traffic 23 Explained the truck delivery route used for the previous use via Stephenson Street. Stephenson Street is 24 essentially one-lane. 25 26 Would like the applicants and the Commission to consider a delivery route to come in from Clay Street 27 and turn on Hope Street proceeding to the middle parking lot where the kitchen facility, etc., are located. It 28 is not appropriate to allow large delivery trucks on one-way roads. Limbs from trees on Stephenson Street 29 have been broken when delivery trucks hit them when traveling through. 30 31 Clock Chime 32 The proposed university site has a clock that chimes. Does the university have plans to continue the use 33 of this clock chime?The chime from the clock can be heard in the neighborhood. 34 35 Recommends review of this issue. 36 37 Parkwav on Hope Street 38 The former owners of the site removed six or eight of the mature street trees in this area and did not 39 replace them. 40 41 While it is not the applicanYs responsibility to replant this parkway, is asking for consideration in this 42 regard. 43 44 Maximum Number of Persons on Campus 45 The maximum number of persons on campus would be 185 (160 students and 25 faculty and 46 employees). 47 48 Asked if the cap of 185 persons affects special events that may occur on the campus. As an educational 49 institution, universities often have celebrations, fundraisers, workshops and/or other types of special 50 events. Would like more information about how special events will function on the campus as they relate 51 to potential parking impacts to the neighborhood. 52 53 Is fine with the parking analysis prepared by the applicants, noting there are a total of 69 on-site parking 54 spaces where the City code requires 61 spaces and that there is an additional on-street parking spaces 55 adjacent to the site that are readily available. MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 4 1 Finds that the applicant has done a good job accessing the parking situation and existing parking lots on 2 the site. 3 4 Recommends elimination of parking on the south side of Church Street for the facility and leaving parking 5 available on the north side of the street so that people are able to park in front of their homes. There 6 appears to be sufficient parking for the use to be able to eliminate some of the on-street parking on 7 Church Street. Church Street is also a very narrow street in parts. The street is not designed for parking 8 on both sides of the street. 9 10 Will special events require an event permit? 11 12 Chair Whetzel: 13 • Questioned the reason Ms. Pruden presented her Project concerns/questions at the Planning 14 Commission meeting rather than directing them beforehand at the neighborhood meeting or to 15 Planning staff. 16 17 Commissioner Pruden: 18 • The aforementioned concerns were those questions that remained unaddressed or had further 19 questions about. 20 21 Whitney Vau; 22 • Is a property owner in the neighborhood and on behalf of her grandfather, Jack Cox, who is also 23 a property owner in the neighborhood spoke in support of the Project. 24 • Does not have a problem with the parking. 25 26 Allen Huang, Dharma Realm Buddhist University related to the Project issues/comments above and 27 those asked at the neighborhood meeting, understands the importance of researching/reviewing the 28 concerns to assist with finding a possible solution and/or a workable mitigation measure thereof. 29 • Will work with the garbage company to possibly find a more suitable route for pick-up in terms of 30 mitigating noise and/or other potential impacts. 31 • Will look at the HVAC systems to make certain the noise does not impact the neighborhood. 32 • Surveyed all the lighting systems on the site to make certain all lighting fixtures provide for 33 appropriate safety on the campus and accompanying parking lots and to make certain the 34 lighting systems are shielded/downcast and in compliance with the International Dark Sky 35 Association standards. 36 37 Commissioner Sanders: 38 • Asked about parking lot #1 and the two existing lighting fixtures on poles and when the lighting 39 survey was conducted whether the lights were on and if so, was the light confined to the parking 40 lot or did it spill over into the green area? 41 • Related to other concerns expressed by public member Pruden to include special events and 42 replanting of trees requested clarification nine new trees will be planted? Would be helpful to 43 know the location of these trees. 44 45 Allen Huang: 46 • The aforementioned lights were confined to the parking lot area. 47 • Confirmed nine trees will be planted. The site plan shows the location of the trees. 48 49 Beth Burks, LACO &Associates, Consulting firm: 50 • Talked about the two new trees for the parking lot on Stephenson Street and showed the location 51 of the other trees for a total of nine new trees. 52 53 Chair Whetzel: 54 • Asked if there is a plan to replace the trees eliminated by the previous owner of the property on 55 Hope Street? MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 5 1 Beth Burks: 2 • Currently no plans to plant trees on Hope Street. The trees proposed for planting are consistent 3 with what Planning staff recommended. 4 • Confirmed that Building H would not be used by the university at this time. 5 • Acknowledged that while Stephenson Street is two-way, it is narrow. Related to truck delivery 6 routes reviewed City Code in this regard and as such would not want the applicants to be further 7 restricted more than anyone else in the community in terms of how/where deliveries can be 8 made. Supports that the applicants receive the same treatment as anyone else in the community 9 relative to deliveries and 'stick with City code.' 10 11 Planning Director Stump: 12 • Planning staff can discuss with Public Works Department the matter of planting street trees on 13 Hope Street. It may be that RELEAF could assist with replacement planting of street trees on 14 Hope Street. 15 16 Chair Whetzel: 17 • Expressed concern that if Hope Street is proposed to be the new truck delivery route and if trucks 18 damage tree limbs on Stephenson Street, street trees on Hope Street may not be a good idea. 19 • Clarified with regard to problems with truck deliveries using Stephenson Street, public member 20 Pruden is likely referring to that short section of Stephenson Street east of Spring Street. It may 21 be that so long as trucks do not come all the way up on Stephenson Street from Dora Street the 22 route would probably be fine. Once the university gets established recommends talking to the 23 delivery truck drivers about preferably not coming down that short segment of Stephenson Street 24 east of Spring Street and to possibly find an alternative route that is suitable in terms of avoiding 25 potential noise impacts and damage to existing landscaping. Rather than accessing Stephenson 26 Street from Dora Street could consider accessing Stephenson Street from Spring Street. 27 28 Planning Director Stump: 29 • Care would have to be taken where the trees would be planted on Hope Street so they are not 30 damaged by delivery trucks. 31 32 Commissioner Sanders: 33 • Asked about how special events would be treated?Would they require a permit? 34 • Further asked about the timeframe for special events? When would they typically start and end? 35 36 Wayne Chen: 37 • Related to special events, as indicated in the staff report the applicants are providing 69 parking 38 spaces while City codes requires 61 spaces. 39 • The staff report also indicates that if overflow parking is necessary for special event 40 accommodations, for instance, open space parking is available to the west of the buildings. This 41 is the backup plan. There will be times when `special guests' will be coming to the university on a 42 special topic such as for graduation, special lectures/academic conferences, etc. The intent is to 43 maintain the number of persons on the campus at any one time at 185. Is confident that the 44 overflow parking accommodations and/or use of shuttles from the Talmage campus will provide 45 for adequate parking at all times, particularly when special events are held. 46 • A special event would be typically involve lectures/seminars that would require 10 — 15 guest 47 scholars that would be on campus meeting from one to five days or more. 48 49 Chair Whetzel: 50 • Would these lecture/seminar events occur during the day or in the evenings? 51 • A special event does not pertain to entertainment such as a fair/swap-meet and/or some event of 52 this type? 53 54 Wayne Chen: MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 6 1 • The aforementioned events would be a combination of day and evening and this depends upon 2 the type of event and the speakers. A seminar could be an all-day event, for example. 3 • Special events would pertain to lectures, seminars, conferences. 4 5 Planning Director Stump: 6 • Referred to condition of approval #24 that reads, `The applicants shall carefully plan all special 7 events to ensure no substantial traffic or parking impacts to the surrounding neighborhood' and 8 the applicants are committed to compliance with this project condition. 9 10 Chair Whetzel: 11 • The term special event is essentially a misnomer as it related to the university. What is being 12 labeled a special event in context at the university constitutes a lecture, a seminar or conference 13 for education-related purposes and not an event that would draw large crowds such as a typical 14 fair, fundraiser, swap-meet, and/or other similar event. 15 16 Commissioner Christensen: 17 • How would the university view a graduation as it relates to a special event? 18 • If overflow parking is to occur as the result of a special event would a special event permit be 19 required? 20 21 Allen Huang: 22 • Acknowledged the university will host graduations on the campus, likely to occur in the Spring 23 and Fall semesters. 24 • While the university has a small population compared to most typical university campuses, 25 parking should not be a problem particularly with the plan for overflow parking in open space 26 areas on the site as well as coordinate the use of the shuttle system from the primary campus in 27 Talmage. 28 • A special event will be a collaborative effort involving different agencies/institutions where the 29 university would contact City Planning and Public Works staff and/or other necessary agency 30 when a special event will occur. 31 32 Planning Director Stump: 33 • An event permit would be required if the event is taking place on public property. In the case of 34 the university, the event is taking place on private property so no special event permit is required. 35 • Confirmed a special event taking place at the university would be a collaborative/team effort with 36 the university notifying City staff of an event, such as a very popular speaker giving a lecture 37 where additional persons will be on campus that particular night. 38 39 Chair Whetzel: 40 • It may be these special lectures/seminars would be open to the general public. It would be helpful 41 to have proper noticing in this regard. 42 • Asked about what constitutes the average graduating class? It is unlikely the graduating class 43 would be large so the associated impacts would likely be minimal. 44 45 Allen Huang: 46 • The campus will also allow for bicycle parking on the site as discussed in attachment 4 of the staff 47 report for those persons who prefer riding bicycles as an alternative to vehicles so not everyone 48 will be driving a car to the site to participate in an event. 49 50 Commissioner Sanders: 51 • Is of the opinion the university staff and consultant sufficiently answered Commission questions. 52 • Does not see the need for any additional conditions of approval. 53 • The applicant and City staff did an excellent job in formulating the Project conditions of approval. 54 • Appreciates how much outreach the applicants have done in the community to make certain the 55 proposed project is good for the community and surrounding neighborhood. MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 7 1 • Supports approval of the Project as recommended by staff. 2 3 Planning Director Stump: 4 • Referred to Condition of Approval #13 that reads, 'The maximum number of people on the site at 5 any one time shall be 185 and recommends revising the condition to read, `The maximum 6 number of people on the site at any one time shall be 185 except during special events.' There 7 may be more than 185 people on the site when there is a special event, which would not occur 8 frequently. 9 10 Commission: 11 • Is fine with the aforementioned recommendation. 12 13 Commissioner Christensen: 14 • Asked if some other use was being proposed than that of the university would the same operating 15 standards apply or are we just saying everything will be fine because of anticipating that the 16 proposed university use is going to be a quiet peaceful business operating in a residential 17 neighborhood? 18 19 Planning Director Stump: 20 • It is likely the same operating standards would apply except that the conditions of approval are 21 `tailored/customized' according to the type of use as to what is essentially going to occur. In other 22 words, if the project was a Chico State University campus there would be a different set of 23 conditions based on some of the same but there would likely be other conditions. As a 24 foundation, Commissioner Christensen raises a good point because we do not want to 25 automatically assume the proposed use would be a great fit for the neighborhood. 26 • The manner in which the applicants have portrayed what they are going to do leads us to 27 conclude that they will be good neighbors and the applicants have to comply with what they have 28 said they are going to do and if not they would be out of compliance with the Project conditions of 29 approval. 30 • Is of the opinion the conditions of approval formulated for the Project are fine and that 31 Commissioner Christensen's question was a good one. 32 33 PUBLIC HEARING CLOSED: 7:01 p.m. 34 35 Commissioner Christensen: 36 • Made it clear concerning her previous question asking if the proposed conditions of approval for 37 the Project would be the same for another use or are we just assuming the proposed university 38 use is going to be a good neighbor because it is a peaceful business was not to be mistaken as 39 not being supportive of the Project. 40 • Was looking to see if she could find anything critical about the Project and could not. The 41 proposed Project will be a good use for the property and beneficial to our community. 42 • Supports Project approval. 43 44 Commission consensus: 45 • Supports Project approval. 46 47 M/S Sanders/Christensen to approve Major Use Permit for Dharma Realm Buddhist University(File No.: 48 Munis 237-UP-PC) with Findings 1-9 and Conditions of Approval 1-35 with modification to Condition of 49 Approval No. 13 as discussed above. Motion carried (3-0) with Commissioners Pruden and Doble having 50 recused themselves. 51 52 ADOPTED FINDINGS FOR APPROVAL OF DHARMA REALM BUDDHIST UNIVERSITY 53 TO OPERATE A PRIVATE UNIVERSITY(RESIDENTIAL SCHOOL CAMPUS) 54 AT THE 4.96 ACRE FORMER SITY OF TRINITY SCHOOL 55 915 WEST CHURCH STREET, 200-246 BARNES STREET, 225 HOPE STREET MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 8 1 APN —VARIOUS/FILE NO: MUNIS 237 2 3 The following findings are supported by and based on information contained in this staff report, the 4 application materials and documentation, and the public record. 5 6 1. The proposed project, as conditioned, is consistent with the goals and policies of the General 7 Plan as described in the staff report and Table 1. 8 9 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in 10 Table 2 of the staff report. 11 12 3. The proposed project, as conditioned, will not be detrimental to public health, safety and general 13 welfare based on the following: 14 15 a. The Project has been reviewed by the Building Official, Public Works Department, Police 16 Department and Fire Department. None of these reviewing Departments have concluded 17 that the proposed project would adversely impact the public's health, safety or general 18 welfare. All conditions of approval recommended by these Departments have been 19 applied to the Project and agreed to by the applicants. 20 21 b. The Project is required to comply with all applicable local, state and federal requirements. 22 23 c. The Project would not be detrimental to the public health, safety, or welfare; is not 24 materially injurious to the properties or improvements in the immediate vicinity and would 25 not cause the surrounding area to depreciate materially in appearance or value or 26 otherwise discourage occupancy for the following reasons: 27 28 • The applicants submitted a parking and traffic demand analysis for the project 29 that was reviewed by the Department of Public Works, who found the analysis to 30 be accurate and acceptable. The project would result in less traffic and demand 31 for parking than the previous use and the site, as proposed, would meet the 32 City's requirements for number of parking spaces. 33 34 The Trinity School had up to 192 cars accessing the site daily (17 students and 35 175 faculty). The applicants have determined that they would generate a 36 maximum of 61 cars daily, although AM and PM peak vehicle trips are expected 37 to be 46 and 47 respectively. The surrounding street and vehicle circulation 38 system is adequate to handle this traffic. Additionally, bicycle use will be 39 encouraged and bicycle parking will be provided on the site. 40 41 There are a total of 69 on-site parking spaces, where the City Code requires 61 42 spaces. Additionally, there are 46 on-street parking spaces adjacent to the site 43 that are readily available. 44 45 The City Code also requires three (3) bus parking spaces, but the applicants 46 have indicated that they do not propose the use of buses. The applicant shave 47 indicated that if the parking usage consistently occupies 90% of the current 48 available parking inventory, they would institute a van shuttle service between 49 the site and the main Campus in Talmage. The project complies with parking 50 requirements. 51 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 9 1 • The DRBU has strict rules for conduct related to noise and requires all students 2 must pledge to refrain from partying and playing loud music. All students are 3 expected to "live in peaceful harmony with neighbors and with their 4 surroundings." 5 6 4. The Community Services Department has been working closely with the applicants to review the 7 past, current and possible future use of the gymnasium. They have also discussed a possible 8 partnership involving other facilities (building) on the site. While an Agreement between the 9 applicants and the City is not required, the applicants have expressed a strong interest in allowing 10 some community use of the site during non-University operations so as not to impact surrounding 11 properties or the general public. 12 13 5. The existing dormitory and nun's quarter's structure are considered a building of local historic 14 significance. According to the City of Ukiah Architectural and Historical Resources Inventory 15 Report, the dormitory/nun's quarter's structure was constructed in 1929. This building is in need 16 of major repairs and the applicants are not proposing to use it at this time. No alterations or 17 modifications of the building are proposed, so that no impact to historic or architectural resources 18 would result. 19 20 6. The Dharma Realm Buddhist Association was established in 1959 as a non-profit religious and 21 educational institution incorporated under the laws of the State of California. The Secondary 22 School component has a fully accredited high school curriculum. Since 1984, DRBU has 23 maintained approval to operate as a California Degree-Granting Institution pursuant to the 24 California Education Code, Section 94310(c), and is currently approved to operate under the 25 California Bureau for Private Postsecondary Education. In December 2013, DRBU received 26 Accreditation Eligibility status from the Western Association of Schools and Colleges (WASC). 27 Based on the above, the proposed use of the site meets the minimum threshold for an 28 "accredited" school. 29 30 7. The proposed project is exempt from the provisions of CEQA pursuant to CEQA Guidelines 31 Section 15332 which allows Infill Development without environmental review if certain criteria are 32 satisfied. Staff prepared an analysis of the project to determine if it fulfills the criteria for an Infill 33 Development Project Exemption pursuant to CEQA Guidelines Section 15332. Staff was able to 34 conclude that the project does fulfill the criteria for the exemption. The analysis, included in the 35 Staff Report dated July 23, 2014 is incorporated herein by reference. 36 37 8. The newly proposed parking lot (former paved playground) is surrounded closely by existing 38 buildings (including on the south side) and mature trees that will provide adequate shading for 39 parked cars, so that the planting of trees within the lot is not necessary to meet parking lot 40 shading requirements. 41 42 The re-planting of trees on the perimeter of existing parking lot number 2 will add adequate 43 shading for parked cars, and based on the small size of the parking lot, the trees will be spaced 44 for every four(4) parking spaces, which complies with the requirements of the Ukiah City Code. 45 46 The proposed new trees to be planted along the south side of parking lots 1 and 3, along with the 47 existing mature trees will provide ample shade for parked cars. 48 49 9. Notice of the proposed project was provided in the following manner as required by the Zoning 50 Ordinance: 51 A. posted in three places on the project site on July 11, 2014; 52 B. mailed to property owners within 300 feet of the project site on July 11, 2014 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 10 1 C. published in the Ukiah Daily Journal on July 13, 2014; 2 3 ADOPTED USE PERMIT CONDITIONS OF APPROVAL 4 TO ALLOW THE DHARMA REALM BUDDHIST UNIVERSITY 5 TO OPERATION A PRIVATE UNIVERSITY(RESIDENTIAL SCHOOL CAMPUS) 6 AT THE 4.96 ACRE FORMER SITE OF TRINITY SCHOOL 7 915 WEST CHURCH SCHOOL STREET, 200-246 BARNES STREET, 225 HOPE STREET 8 9 General 10 11 1. Approval is granted for the use of the old Trinity School to be used as a private university and 12 residential school campus as described in the project description and associated materials 13 submitted to the Community Development and Planning Department and date stamped May 16, 14 2014 and June 3, 2014. 15 16 2. Prior to any modification or expansion of use, the applicants shall confer with staff from the 17 Department of Planning and Community Development to determine if the modification or 18 expansion of use would require an amendment to the Use Permit. 19 20 Standard City Conditions 21 22 3. This Use Permit may be revoked through the City's revocation process if the approved project 23 related to this Permit is not being conducted in compliance with these stipulations and conditions 24 of approval; or if the project is not established within two years of the effective date of this 25 approval; or if the established use for which the permit was granted has ceased or has been 26 suspended for 24 consecutive months. 27 28 4. This approval is not effective until the 10 day appeal period applicable to this Use Permit has 29 expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the 30 outcome of the appeal and shall be revised as necessary to comply with any modifications, 31 conditions, or requirements that were imposed as part of the appeal. 32 33 5. No permit or entitlement shall be deemed effective unless and until all fees and charges 34 applicable to this application and these conditions of approval have been paid in full. 35 36 6. The property owner shall obtain and maintain any permit or approval required by law, regulation, 37 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as 38 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and 39 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved 40 and issued. 41 42 7. A copy of all conditions of this Use Permit shall be provided to and be binding upon any future 43 purchaser, tenant, or other party of interest. 44 45 8. All conditions of approval that do not contain specific completion periods shall be completed prior 46 to building occupancy. 47 9. This approval is contingent upon agreement of the applicant and property owner and their agents, 48 successors and heirs to defend, indemnify, release and hold harmless the City, its agents, 49 officers, attorneys, employees, boards and commissions from any claim, action or proceeding 50 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set 51 aside, void or annul the approval of this application. This indemnification shall include, but not be 52 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted 53 by any person or entity, including the applicant, arising out of or in connection with the City's 54 action on this application, whether or not there is concurrent passive or active negligence on the 55 part of the City. If, for any reason any portion of this indemnification agreement is held to be void MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 11 1 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall 2 remain in full force and effect. 3 4 Potential public use of the on-site facilities during hours that do not conflict with University 5 operations shall be subject to a separate agreement. 6 7 10. University operations shall not commence until all permits required for the approved use, 8 including but not limited to business license, change of occupancy building permit, or other have 9 been applied for and issued/finaled. 10 11 11. In addition to any other condition imposed, any construction shall comply with all building, fire, 12 electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the 13 time the Building Permit is approved and issued. 14 15 Planning and Community Development 16 17 12. Campus hours shall be 7:00 AM to 10:00 PM Monday thru Sunday. 18 19 13. The maximum number of people on the site at any one time shall be 185 except during special 20 events. 21 22 14. Prior to the placemenUinstallation of any sign(s), the applicant shall make application for and 23 receive approval of a sign permit. All signs shall be small and unimposing. 24 25 15. Prior to occupancy, the applicants shall install a minimum of seven (7) bicycle parking spaces on 26 the campus. The City strongly encourages the applicants to consider installing at least 30 bicycle 27 parking spaces to promote bicycle transportation. 28 29 16. The applicant shall encourage students and instructors to use bicycles for transportation to 30 reduce traffic and promote healthy living. 31 32 17. If the parking usage consistently occupies 90% of the current available parking space inventory 33 as depicted in the applicants May 16, 2014 submittal documents, the applicants shall explore and 34 consider implementation of a shuttle service between the campus (West Side) and the main 35 Talmage campus. 36 37 18. Prior to occupancy, the applicants shall stripe a minimum of 69 off-street parking spaces on the 38 campus. 39 40 19. Prior to occupancy of the buildings, the applicants shall plant the proposed trees intended to 41 screen parking lots No. 1, 2 and 3 as shown on the submitted Site Plan. The trees shall be native 42 to the Ukiah Valley. 43 44 20. The new parking lot trees shall be properly planted in order to flourish and shall be routinely 45 maintained to insure their long-term health and vitality. Proper maintenance means, but is not 46 limited to the following: 47 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 12 1 a. Regular slow, deep watering when feasible. The amount of water used shall fluctuate according 2 to the season, i. e., more water in summer, less in the winter. 3 b. Additional watering shall occur during long periods of severe heat and drying winds, and reduced 4 watering shall be used during extended periods of cool rainy weather. 5 c. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic fertilizer 6 according to the recommendations of a landscaping professional. 7 d. Weed killers shall not be used on or near trees. 8 e. The tree ties and stakes shall be checked every six months to ensure they do not constrict the 9 trunks and damage the trees. 10 f. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not damage the trunk 11 of the tree and its overall growth. 12 g. Any tree that dies or is unhealthy due to pests, disease or other factors, including vandalism, shall 13 be replaced with the same or similar tree species, or an alternative species approved by the 14 department of Planning and Community Development. 15 h. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All pruning shall 16 follow standard industry methods and techniques to ensure the health and vitality of the tree. 17 21. Any new exterior lighting shall be kept to a minimum to provide adequate security. All exterior 18 lighting fixtures shall be low wattage and recognized by and consistent with the fixtures endorsed 19 by the International Dark Sky Association. The exterior lighting fixtures shall be hooded and 20 downcast and shall not glare onto adjacent properties, streets or up towards the night sky. 21 22 22. Community use of on-site facilities shall not conflict with University operations unless it can be 23 demonstrated to the Director of Planning and Community Development that the community use 24 would not substantially increase traffic or parking demand, or would not result in other potentially 25 adverse impacts to the surrounding neighborhood. 26 27 23. The applicants shall enforce their rules for keeping the University quiet and shall not allow loud 28 noises to disrupt the surrounding neighborhood. 29 30 24. The applicants shall carefully plan all special events to ensure no substantial traffic or parking 31 impacts to the surrounding neighborhood. 32 33 Public Works Department 34 35 25. Prior to the issuance of a Building Permit with a value that exceeds $113,200, or if proposed 36 Building Permit improvements create the net addition of two or more plumbing fixture units to a 37 building, the existing sanitary sewer lateral shall be tested in accordance with the City of Ukiah 38 ordinance No. 1105, and repaired or replaced if required. 39 40 26. If additional plumbing fixtures are proposed, City of Ukiah sewer connection fees shall apply, and 41 shall be paid at the time of Building Permit issuance. 42 43 27. If a Building Permit value is equal to or greater than one-third the value of the existing structure, 44 the construction, repair or upgrade of curb, gutter, and sidewalk, and addition of street trees, 45 along the building's street frontages may be required pursuant to Section 9181 of the Ukiah City 46 Code. 47 48 28. The proposed driveway approach onto Clay Street shall meet current ADA requirements. All 49 work within the public right-of-way shall be performed by a licensed and properly insured 50 contractor. The contractor shall obtain an Encroachment Permit for work within this area or 51 otherwise affecting this area. The Encroachment Permit fee shall be $45.00 plus 3% of estimated 52 construction costs. 53 54 Fire Department MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 13 1 2 All Fire Department conditions shall be satisfied prior to occupancy unless agreement is reached 3 between the applicant and Fire Department on an alternative timeline. 4 5 29. Fire Extinguishers: Using the information provided by the applicant, the following buildings will 6 require, at a minimum, the following fire extinguishers prior to occupancy: 7 8 • Administration —two (2)extinguishers upstairs and two (2)downstairs 9 • Senior Boys Dorm —five (5) extinguishers upstairs and five (5)downstairs 10 • North Haven School —five (5)extinguishers 11 • Gym —two (2)extinguishers 12 • Junior Boys Dorm —three (3) extinguishers 13 • Girls Dorm —four(4)extinguishers 14 • Chapel—two (2)extinguishers 15 • Maintenance Building—three (3) extinguishers 16 • Kitchen/Cafeteria—two extinguishers and one (1) Class K for the kitchen 17 18 All fire extinguishers shall be Class 2-A rated and meet location and travel distances, and 19 mounting as listed in Title 19, Section 567 &568. The Fire Marshal shall assist with proper 20 location of all extinguishers. Extinguishers to be installed by others, i.e. contractor, 21 maintenance personnel, etc. 22 23 30. Exitinq: There are several exiting requirements that apply to the project: 24 25 • Egress doors shall be readily operable from the egress side. 26 • Egress doors shall be illuminated when the building space is occupied. 27 • Egress doors shall swing in the direction of egress travel. 28 • In the event of power supply failure, an emergency electrical system shall automatically 29 illuminate the means of egress in areas that require two (2) or more exits. 30 • When two (2) or more exits are required from a room or area, exit and exit access doors 31 shall be marked by approved exit signs readily visible from any direction of egress 32 travel. 33 • Exit signs shall be internally or externally illuminated at all times; signs shall be 34 connected to an emergency power system that provides illumination for not less than 90 35 minutes in case of primary power loss. 36 • Travel distances will also be specified by code to exits in buildings with and without 37 sprinkler systems if allowed. 38 39 31. Electrical: There are several Sections in the California Fire Code that apply to extension cords. 40 41 • Temporary wiring is allowed for a period not to exceed 90 days; such wiring is allowed for 42 longer period for construction activities, remodeling or repair of buildings and equipment. 43 • Extension cords shall not be affixed to structures. 44 • Extension cords and flexible cords shall not be used as a substitute for permanent wiring. 45 • Open junction boxes and open wiring splices shall be prohibited. 46 47 32. Miscellaneous: 48 49 • The University shall prepare procedures to be followed in case of fire or other emergency 50 and shall post in each classroom or assembly area a Plan showing paths of travel to 51 evacuate and an alternate route. Classrooms shall also have posted instructions to be 52 followed by the teacher. 53 • Automatic sprinkler systems are not required at this time. However, if the University 54 substantially increases the occupancy or performs remodels or repairs in excess of MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 14 1 $60,000.00 to the educational/classroom building than a sprinkler system shall be 2 installed. It is possible to install such a system over time, and in phases to allow the 3 ownership to more easily absorb the cost of such an addition. Such a Phasing Plan shall 4 be subject to the review and approval of the City Fire Marshall. 5 • A manual and automatic fire alarm system shall be installed in Group E occupancies 6 having an occupant load of 50 or more persons or more than one (1) classroom or one 7 (1)or more rooms. 8 • New and existing buildings shall have approved address numbers or building numbers 9 placed in a position to be plainly legible from the street or road fronting the property. 10 11 Electric Utility 12 13 33. Either before or after occupancy, the applicants shall work with the City Electric Utility to relocate 14 the three (3) transformers located in the subsurface/basement vault under the former girls dorm 15 room building to a location outside of buildings acceptable to both the City and applicants. 16 17 Buildinq Official 18 19 34. Prior to conducting any work on the property that requires a Building Permit, the applicants shall 20 apply for and secure a Building Permit. 21 22 35. Prior to occupancy, the applicants shall tour the facility with the Building Official to ensure all 23 required occupancy requirements have been met. MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 15 �'��4�m�nf,� f Fromr 5usan 9ollnp fmalltoxedarood007��nall.c� Sent 4Vednsday,kugust 13,ZGi4 2:�4 RM Ta:Chariey Str.imp SuBjett;Rppmve P��rmit For the BudriFist llniuer�ty u9e of Hie farm�r nsniq�schoal campus Tn�All Plunni��e Ceinmi9siour�s, I et:7 esL•iag tlie�}'�}n npprour ihe u��+Crmit h,ni�daY thut will�[lou�thc lhuma i€oalu�i3udcYust UnicerKilv 4c�use C.7B i5�[��ti7lfil�+S�]Oi}�91IB Ot rxKtn d$"(�uS9�baV.�j1.4�C OA C�t]lt P43It4.�iYG1UJ fuxl know thax'ho mz�jority i3F�ny. � 11C1�1I}415 fBVDL'It115 a�iii�Y�.1}:9Y�c in�LI�CJT�(i UZ:C U.L.'�UI1l'C WTIlIAGIlI 4P.III4�u�til�anci in infcracfion with ueigliltara far 6lpcks sm�rawtaling rl�e sire. T u�as vars��=snppain�d tY�c actinn to rno��e Cor,z•prd wGa mc,4lwk�,m lua4 nc�nthb�xuusc#h;,lang�this s,tile ncmains 4�acant tho moi+�transie�tts uxe i]sis sii�Ga*�k aun�ulim�a��ua:wriuy u:�ci�t�nJ oulsi�lc thn 6uildin�. 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Request 3 for approval of a Major Use Permit to allow the establishment and operation of a church within 4 two units (D&F)of an existing warehouse building APN: 002-091-15). 5 6 Planning Intern Johnson gave a staff report and noted: 7 • The site has two buildings. The building located to the south was intended for use by the 8 proposed Crossroads Christian Church, but because the tenants in the building located to the 9 north are vacating the Church has decided the square footage of this building would better serve 10 their needs. While the north building would be more suitable, if the Fire Department determines 11 this building requires fire sprinkler systems be installed as part of the use permit conditions of 12 approval, the applicants will stay with their original plan to use the south building. 13 • The perimeter fencing has some areas that are in need of repair and the applicants are proposing 14 to make these repairs. MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 19 1 • A garden area exists behind the south area that consists of trees and shrubs and other types of 2 plantings that the applicants have proposed to refurbish, preserve and maintain care of and use 3 for church events/social gatherings/church services. 4 • No new construction is proposed and all existing trees and landscaping are to remain. The 5 applicant will provide a landscaping plan that includes revised planting, drip irrigation and ground 6 cover as part of the building perm 7 • Uses associated with the church include church services, social gatherings, church committee 8 meetings, Sunday school, Bible study groups, church youth group meetings and related 9 gatherings, weddings, dedications and memorials. 10 • There are currently 103 members that meet for Sunday morning services and 20 guests that 11 attend a weeknight meeting once a week and three office staff with the possibility of two to three 12 visitors present during office hours. Presently, based on the other uses on the site parking would 13 not be a problem because the parking spaces are being used at different time intervals of the day 14 and/or evening. 15 • The subject property is zoned C-2 (Heavy Commercial)where churches are not specifically listed 16 as an allowed or permitted use. A Determination of Appropriate Use can be made by the Planning 17 Director if the corresponding use is found to be appropriate for the zoning district either as a right 18 or subject to a use permit. Staff analysis found the proposed project, as conditioned, is consistent 19 with the purpose and applicable requirements of the zoning district such that the Planning 20 Director has made a Determination of Appropriate Use and determined the proposed use would 21 be appropriate with approval of a use permit as provided for in attachment 7 of the staff report. 22 • Based on the maximum occupancy load of 199 persons 66 parking spaces are required (199 / 3 23 persons per parking space = 66 spaces for south building. North building parking spaces = 18. 24 The revised parking layout outlines 80 parking spaces and 4 handicapped spaces for a total of 84 25 spaces which exceed the parking required for the Project. Additionally, six bike parking spaces 26 are required. Reference was made to the existing parking plan and the revised site plan. 27 • Based on staff's analysis of the Project as provided for in the staff report, staff is recommending 28 Planning Commission approval with the draft findings included in attachment 1 and draft 29 conditions of approval included in attachment 2. 30 31 Planning Director Stump: 32 • As an added component of the Project the applicant is proposing additional parking on the 33 perimeter of the garden area to include 16 spaces that encompasses approximately 3,000 or 34 less square feet, which is less than 4% of the total size of the Project site. The mature Redwood 35 trees in this location would remain untouched. There are some fruit trees on the property that will 36 come out as a result of the expansion of the parking in this area. This additional components 37 needs to be discussed in more detail with staff. The Public Works Department is open to allowing 38 additional parking without paving if a suitable surface material can be utilized. 39 40 Commissioner Sanders asked whether or not a MS4 permit would apply to this project. 41 42 Planning Director Stump: 43 • A MS4 permit would not apply because the subject property is not over 10,000 sq. ft. 44 45 Commissioner poble: 46 • Requested clarification the other tenants that also occupy the site are not present on Sunday 47 and evening hours. If the current way the site operates changes how might this affect what the 48 Planning Commission may be approving tonight in terms of justifying the recommendation for 49 approval? 50 • Is the Crossroads Christian Church the owners of the property where they would have control 51 over the tenants? 52 53 Planning Intern Johnson: MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 20 1 • Ownership of the property is contingent upon approval of the use permit tonight so that if the use 2 permit is approved, Crossroads Christian Church intends upon purchasing the property at 171 3 Brush Street. 4 • Acknowledged Crossroads Christian Church would have control over tenants after they purchase 5 the property. The change in occupancy by the Church from the south building to the north 6 building is the result of the tenants deciding to vacate the north building. With the vacating of the 7 two tenants on the site, the Church will have control over the tenant in the south building after 8 they purchase the property. As noted in the staff report, currently, based on the maximum 9 occupancy of 199 persons of which 103 persons are typically on-site for Sunday church services, 10 66 parking spaces are required. The revised parking layout outlines 80 parking spaces and 4 11 handicapped spaces for a total of 84 parking spaces after changes are made to the existing 12 parking lot. 13 14 Commissioner poble: 15 • What would occur if the tenants in the other buildings are also open on Sundays? How would this 16 affect the parking calculations? Would the property owner still be compliant with City parking 17 requirements? 18 19 Planning Intern Johnson: 20 • If 66 parking spaces are required and the Church congregation at this time is approximately only 21 103 persons, parking spaces would be available for other tenants, but this would depend upon on 22 the type of use and whether or not the use on the site complies with City parking requirements. 23 Based upon the parking requirements for the tenants currently on the site, one of which is a 24 dancewear manufacturer that has only two to three employees this use would not exceed the 25 parking requirements. 26 27 Commissioner poble: 28 • If the Church property owner decided to lease a space they were not using in the future would 29 there be a requirement that they talk to the planning department about parking requirements? 30 • While we are looking at the property and planning for today, it is important to plan for the future of 31 the property. 32 33 Planning Director Stump: 34 • Parking depends upon the use. The zoning designation for this site is C2 and there have been a 35 number of different uses operating on this site. For a use that does not require a use permit 36 planning staff does not usually talk about parking initially, but it is likely the tenant would need a 37 building permit for change of occupancy at which time planning staff would look at the use and 38 parking requirements. 39 • If the zoning designation were C1 which allows retail sales as opposed to C2, the project might 40 be looked at differently. 41 42 Commissioner Sanders: 43 • Related to parking as shown on the revised site plans we are talking about removing some fruit 44 trees. The area appears to be a nice location for social gatherings for the congregation. Is of the 45 opinion the additional parking proposed in this area is not really necessary and would like to know 46 the justification/reason for adding more parking when we are encouraging use of the site as was 47 originally designed or lessening the amount of parking. 48 • Referred to attachment 4 of the staff report, that talks about the parking that states `the revised 49 parking layout plan provides 84 spaces including five accessible spaces' when only 66 spaces 50 are required and questioned the need for additional parking when the church congregation never 51 has more than 123 persons attending church. 52 • The subject property is located across the street from Daniel Steel. This is a manufacturing 53 business/heavy industrial use and very noisy during weekday business hours. Questioned 54 whether the Church building will be insulated to mitigate noise impacts from the manufacturing MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 21 1 business across the street during the week when a funeral or wedding might be held at the 2 Church. 3 • Asked about exiting the site when the Church congregation leaves after church services and/or 4 other church-related event and how this would work with the shoppers that come from Orchard 5 Avenue and use Brush Street, a common egress. There could be the potential for an accident to 6 occur in this regard because Brush Street is narrow. 7 • Will the church building with the renovations be ADA compliant as far as entrances and 8 restrooms? 9 • Related to landscaping maintenance, asked if the Commissioners would entertain a maintenance 10 condition of approval to insure the mature trees are properly maintained. 11 12 Planning Director Stump: 13 • The Planning Commission has the discretion to `relax' the parking standard or not agree as much 14 parking proposed is necessary and make a finding to this effect. 15 • Recommends the Commission discuss parking with the applicant. If the Commission concludes 16 that some of the parking should be eliminated, staff is available to help formulate the necessary 17 finding in this regard. 18 • The Project plans were routed to the Public Works and Police Departments for comments. The 19 Public Works and Police Departments did not have any traffic concerns. Public Works further 20 noted they are not aware of any existing traffic issues on Brush Street and would not anticipate 21 any problems associated with the church use, particularly on Sundays. 22 • The two new restrooms proposed are required to be fully ADA compliant. ADA parking is required 23 and will be provided as part of the improvements to the parking lot. The City Building Official is 24 aware of the Project in terms of potential improvements. 25 26 Chair Whetrel: 27 • Requested clarification whether or not the church will occupy the north building depends upon the 28 Fire Department requiring a fire sprinkler system as it relates to the issue of occupancy/square 29 footage. 30 • Questioned if the applicants do not know which building they will occupy does not understand 31 why the Planning Commission is reviewing the project tonight. It appears the Project is still in the 32 preliminary stages. Does the Commission have to come back and vote on the Project?Will there 33 be two separate use permits? 34 35 Planning Director Stump: 36 • The Fire Department has not made a determination whether or not a fire sprinkler system would 37 be required for the north building. 38 • Staff is asking the Commission to vote on the Project tonight. The applicants would like to occupy 39 the north building. However, if the Fire Department requires fire sprinkler systems in the north 40 building, the Church intends to go with the original plan and occupy the south building. 41 • There will be one master use permit allowing the church the ability to go into either of the two 42 buildings. 43 44 Chair Whetzel: 45 • To clarify, the condition of approval for the north building is the fire sprinkler system requirement. 46 • Related to the north building and how it was constructed and with it being close to Redwood 47 Fuels asked whether or not a fire wall exists? 48 49 Planning Director Stump: 50 • Confirmed the condition of approval for the north building is the fire sprinkler system requirement. 51 The parking and landscaping for the Project will not change. In fact, there are no changes to the 52 exterior of either building other than improved lighting, fixing the fence, cleaning up the garden 53 area and eliminating the storage unit in the garden area. There would be some minor interior 54 improvements with the removal of walls. The Church anticipated having three restrooms, two of MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 22 1 which will be new. Charley, looking at the site plans there are more than three restrooms. 2 Can you clarify?????? 3 • Has no knowledge whether or not a fire wall exists relative to the north building and the Redwood 4 Fuel building, but it is likely one exists because the buildings are in close proximity to one 5 another. 6 7 PUBLIC HEARING OPENED: 7:20 p.m. 8 Gerry Burney, Applicant representative: 9 • Is a member of the Crossroads Christian Church and is present to answer Commission 10 questions. 11 12 Commissioner Pruden: 13 • Does the Church own the Thrift store that is on the site? 14 • Asked about another tenant that offers Tribal tutoring. 15 • Is of the opinion the site for the proposed use is over-parked. Does not see a need for the 16 16 parking spaces near the garden area. 17 • Appears circulation on the site related to traffic is fine. Would recommend installing directional 18 lines and/or turn arrows to effectively mark which way the flow of traffic should go. 19 20 Gerry Burney: 21 • Confirmed the Church does not own the Thrift store. They are a tenant on the site and are 22 vacating. 23 • Applicants plans to work with the tenant that offers educational Tribal tutoring. The north building 24 is divided into three units, A, B & C. Tribal Tutoring is presently located in building B. There are 25 plans to move this agency to unit A if they would like to or find another location. The Church 26 would occupy units B & C. If the Church were to occupy the south building, units D, E & F, one 27 wall currently between unit D and E would be eliminated. No changes are needed to unit F which 28 would be used for storage purposes such that no persons will occupy this unit doing business 29 having employees or operating at any hours or any day. The Church anticipates eliminating the 30 current very large portable storage unit behind unit F. There is a person interested in leasing the 31 entire south building to store classic cars provided the Church does not end up occupying this 32 building. The classic car person would lease all of the north building should the Church occupy 33 the south building. 34 35 Commissioner poble: 36 • Asked whether all the parking spaces proposed are really necessary. 37 • Read in the staff report that there might be new striping of the parking lot and asked about the 38 location and would the directional arrows be necessary? 39 • As part of the Project conditions asked if the applicants were aware of the possible sewer 40 connection fees associated with the restrooms additions. 41 • Related to Condition of Approval No. 24 asked if the applicants were also aware that building 42 improvements equal to or greater than one-third of the value of the existing structure trigger 43 upgrade/replacement of curb, gutter, and sidewalk and addition of street trees along the subject 44 property street frontage. 45 46 Gerry Burney: 47 • Would be fine with less parking. Applicants thought the extra parking around the garden area was 48 necessary to meet the City parking requirements. Would be more than happy to make this a 49 garden area. 50 • Confirmed the entire parking lot will have to be restriped. Is of the opinion with the new striping 51 directional arrows would not really be necessary. 52 • Confirmed applicants are aware of new City sewer connection fees. Noted only two bathrooms 53 are essentially required, one for the women and one for the men. 54 • Is aware of Condition of Approval No. 24 and noted the improvement would be interior and 55 relatively minor and would not likely trigger curb, gutter, and sidewalk improvements. MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 23 1 • Brought up the likelihood any new tenant(s) would have to talk to planning staff at some point to 2 look at the plans being proposed. 3 • Confirmed a fire wall exists for the north building and Redwood Fuel business. 4 5 Planning Director Stump: 6 • Restriping of the parking lot will have to meet City code standards. 7 • Understands that any new tenant(s) would have to meet with planning staff regarding the 8 proposed project. 9 10 There was Commission discussion concerning the proposed use by the person desiring to store classic 11 cars. 12 13 There was also Commission discussion regarding not increasing the parking space near the garden area. 14 15 Commissioner Christensen: 16 • Asked if the parking spaces are eliminated from the garden area, three handicapped spaces 17 would be eliminated. 18 19 Planning Director Stump: 20 • Planning staff can assist with the location of the four handicapped parking spaces. 21 22 Gerry Burney: 23 • Is fine with eliminating the 16 parking spaces. 24 25 PUBLIC HEARING CLOSED: 7:42 p.m. 26 27 Commission consensus: 28 • Approves of the Project. 29 • Add maintenance condition of approval to read, `All landscaping shall be properly planted in order 30 to flourish and shall be routinely maintained to insure its long-term health and vitality. 31 • Supports not increasing the parking spaces near the garden area and maintain it as such. Add 32 condition of approval related to parking that reads, `The 16 parking spaces encroaching into the 33 garden area not approved and the area shall remain landscaping.' 34 • Amend Condition of Approval 12(C) to read, `Completion of parking lot striping on the rear of the 35 project site, including appropriate directional arrows.' 36 37 M/S Doble/Sanders to approve Major Use Permit for Crossroads Christian Church (File No.: Munis 180- 38 UP-PC with Findings 1-7 and Conditions of Approval 1-24 with the new conditions of approval related to 39 landscaping and parking and amendment to Condition of Approval No. 12(C), as discussed above. 40 41 Discussion: Commission determined no language related to which building the Church will occupy needs 42 to be included in the Conditions of Approval because the matter does not change the site plans and 43 should refer to the site as 171 Brush Street without designation of the individual units since they are not 44 known. 45 46 Motion carried (5-0). 47 48 USE PERMIT FINDINGS 49 TO ALLOW THE OPERATION OF 50 CROSSROADS CHRISTIAN CHURCH TO OPERATE 51 IN AN EXISTING WAREHOUSE AT 52 171 BRUSH STREET UNITS D & F, APN 002-091-15 53 MUNIS FILE# 180 54 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 24 1 The following findings are supported by and based on information contained in this staff report, the 2 application materials and documentation, and the public record. 3 4 1. The proposed project, as conditioned, is consistent with the goals and policies of the General 5 Plan as described in the staff report and Table 1. 6 7 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in 8 Table 2 of the staff report. 9 10 3. The proposed project, as conditioned, will not be detrimental to public health, safety and general 11 welfare based on the following: 12 13 A. Through the use permit the operational characteristics will be regulated, therefore the 14 project would not be detrimental to the surrounding uses. 15 B. The project has been reviewed by the Fire Marshal, Police Department, Building Official, 16 and Public Works and any review comments from these departments have been included 17 as conditions of approval. 18 C. The project is required to comply with all federal, state and local laws. 19 20 4. The project, as conditioned is compatible with surrounding uses based on the following: 21 22 A. The project site is located within an existing heavy commercial area and is surrounded 23 mainly by heavy commercial uses. 24 B. The proposed project would increase the number of community facilities creating 25 opportunities for community involvement for, children, adults, and families. 26 C. The location has in the past been used as recreational/assemblage space. 27 D. The hours of operation are at a time when other businesses in the area are closed 28 therefore will not interrupt the existing business or increase traffic. 29 30 5. The proposed project is exempt from the provisions of the California Environmental Quality Act 31 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures, 32 which allows structures up to 10,000 square feet in urbanized areas when the use does not 33 involve significant amounts of hazardous materials, where all necessary public services and 34 facilities are available, and the surrounding area is not environmentally sensitive based on the 35 following: 36 37 A. The total building square footage is 7,500 square feet. 38 B. The project does not involve the use of hazardous materials. 39 C. The location is not environmentally sensitive and no drainage courses or bodies of water 40 (such as creeks or streams). 41 D. The site is developed with an existing building and parking lot, utilities and services 42 already are available at the site and no expansion of the existing building footprint is 43 proposed as part of the project. 44 45 6. Requiring bus parking is not reasonable or appropriate because the applicants have indicated 46 that they will not be using buses for church activities or to transport people to and from the site. 47 48 7. Notice of the proposed project was provided in the following manner as required by the Zoning 49 Ordinance: 50 51 A. posted in three places on the project site on August 03, 2014; 52 B. mailed to property owners within 300 feet of the project site on August 01, 2014; and 53 C. published in the Ukiah Daily Journal on August 03, 2014. 54 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 25 1 USE PERMIT CONDITIONS OF APPROVAL TO ALLOW 2 CROSSROADS CHRISTIAN CHURCH TO OPERATE 3 IN AN EXISTING WAREHOUSE AT 4 171 BRUSH STREET UNITS D & F, APN 002-091-15 5 MUNIS FILE# 180 6 7 Standard Citv Conditions of Approval 8 9 1. Approval is granted for the operation of a Church in an existing south building warehouse at 171 10 Brush Street Units D & E (approximately 5,000 square feet), or units B & C in the north building 11 (approximately 5,000 square feet) as described in the project descriptions and plans dated April 12 29, 2014 and July 29, 2014, except as modified by the following conditions of approval. 13 14 2. The use permit is granted subject to the uses and operating characteristics specifically described 15 in the project description and application materials submitted by the applicant, dated April 29, 16 2014 and July 17, 2014. 17 18 3. This approval is not effective until the 10 day appeal period applicable to this Use Permit has 19 expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the 20 outcome of the appeal and shall be revised as necessary to comply with any modifications, 21 conditions, or requirements that were imposed as part of the appeal. 22 23 4. Business operations shall not commence until all permits required for the approved use, 24 including but not limited to business license, tenant improvement building permit, have been 25 applied for and issued/finaled. 26 27 5. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable 28 to this application and these conditions of approval have been paid in full. 29 30 6. The property owner shall obtain and maintain any permit or approval required by law, 31 regulation, specification or ordinance of the City of Ukiah and other Local, State, or 32 Federal agencies as applicable. All construction shall comply with all fire, building, electric, 33 plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the 34 Building Permit is approved and issued. 35 36 7. In addition to any other condition imposed, any construction shall comply with all 37 building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in 38 effect at the time the Building Permit is approved and issued. 39 40 8. A copy of all conditions of this Use Permit Amendment shall be provided to and be binding upon 41 any future purchaser, tenant, or other party of interest. 42 43 9. All conditions of approval that do not contain specific completion periods shall be completed prior 44 to commencement of services allowed by this use permit amendment. 45 46 10. This Use Permit may be revoked through the City's revocation process if the approved project 47 related to this Permit is not being conducted in compliance with these stipulations and conditions 48 of approval; or if the project is not established within two years of the effective date of this 49 approval; or if the established use for which the permit was granted has ceased or has been 50 suspended for 24 consecutive months. 51 52 11. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees 53 or expert witness fees that may be asserted by any person or entity, including the applicant, 54 arising out of or in connection with the City's action on this application, whether or not there is 55 concurrent passive or active negligence on the part of the City. If, for any reason any portion of MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 26 1 this indemnification agreement is held to be void or unenforceable by a court of competent 2 jurisdiction, the remainder of the agreement shall remain in full force and effect. This approval is 3 contingent upon agreement of the applicant and property owner and their agents, successors and 4 heirs to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, 5 employees, boards and commissions from any claim, action or proceeding brought against any of 6 the foregoing individuals or entities, the purpose of which is to attack, set aside, void or annul the 7 approval of this application. 8 9 From the Department of Planning and Community Development 10 11 12. Prior to issuance of a business license, the following shall be completed and are subject to staff 12 approval: 13 14 A. The proposed 9-space bike rack shall be installed. An Inverted "U "style rack is 15 preferred. 16 B. Installation of the proposed signs (Signs require application and approval of a sign permit 17 prior to installation). 18 C. Completion of parking lot striping on the rear of the project site, including appropriate 19 directional arrows. 20 D. The 16 parking spaces encroaching in to the garden area are not approved and the area 21 shall remain as landscaping. 22 E. Removal of remaining signs on the kiosk near the front of the parcel of tenants that do 23 not currently occupy space. 24 F. The two large unauthorized storage containers shall be removed from the site as 25 proposed by the applicants. 26 27 13. The use of buses is specifically not proposed and is therefore not approved. 28 14. All landscaping shall be properly planted in order to flourish and shall be routinely maintained to 29 insure its long-term health and vitality. 30 31 From the Fire Department 32 33 15. Total occupancy shall not exceed the amount allowed in Table 1004.1.2 in the California Fire 34 Code (200 or less). 35 16. A maximum Occupancy sign shall be posted inside the building in a conspicuous location. 36 17. The two egress points in the building shall be maintained. If, in the future approval is granted for 37 an occupancy of 300, all doors shall be equipped with panic hardware. Required means of egress 38 shall be maintained free of obstructions at all times. 39 18. Exterior lighting shall be required at all exits. 40 19. Exit signs shall be internally or externally illuminated at all times; signs shall be connected to an 41 emergency power system that provides illumination for not less than 90 minutes in case of 42 emergency power loss. 43 20. One class 2-A rated fire extinguisher shall be provided. 44 21. "NO PARKING" shall be posted on the north side of the building for its entire length and painted 45 on street surface. 46 From the Buildinq Official 47 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 27 1 22. Building, electrical, plumbing and mechanical permits will be required for the change of 2 occupancy and the proposed work. 3 sets of plans designed by a California licensed Architect or 3 Engineer are required. 4 5 The following comments are intended to aid the applicant in realizing some of the items required to be 6 incorporated in the building and plans when submitted for the building permit. This is not a plan check for 7 the permit. 8 9 • Based on the size of the building fire sprinklers and an alarm system are not needed, however, 10 the fire code requires sprinklers for A-3 occupancy's (a church)when the occupant load is greater 11 than 300. The occupant load is based on a square foot per person formula based on the use 12 (classroom = 20 sq. ft. /person, congregation area = 7 sq. ft. /person, office = 100 sq. ft. /person 13 etc.). Based on how you design the inside of the building you may need to install a fire sprinkler 14 and alarm system. The current configuration would require a fire sprinkler and alarm system. 15 • An asbestos clearance from Mendocino County Air Quality District will be required prior to the 16 issuance of building permit. 17 • 2 sets of California Energy calculations addressing changes to the heating and lighting of the 18 building. 19 • A fire wall between the church and the storage area is required. 20 • Only 2 bathrooms are required, one men's and one woman's (but you can have as many as you 21 like). The number of water closets, urinals and lavatory sinks are based on the occupant load and 22 will be determined at the time of plan review. The current configuration would require Men's = 1 23 water closet, 1 urinal and one lavatory; woman's = 3 water closet and 1 lavatory. Also required 24 within the facility is 1 drinking fountain and 1 service sink. 25 • The plans will need to address the structural requirements for an assembly building as required 26 by the building code for a change of occupancy. 27 • All accessibility requirements shall be met. 28 29 30 From the Public Works Department 31 32 The Department of Public Works has reviewed the above referenced project and offers the following comments for 33 your consideration: 34 23. The existing sanitary sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 35 1105, and repaired or replaced if required. 36 24. City of Ukiah sewer connection fees shall apply to the proposed bathroom additions, and shall be 37 paid at the time of building permit issuance. The current sewer connection fee is charged at 38 $419.65 per drainage fixture unit (DFU), as defined in the 2013 California Plumbing Code. 39 Please refer to Table 702.1 of the California Plumbing Code for DFU values for plumbing fixtures. 40 25. If the building permit value is equal to or greater than one-third of the value of the existing 41 structure, the construction, repair or upgrade of curb, gutter, and sidewalk, and addition of street 42 trees, along the subject property street frontage, may be required, pursuant to Section 9181 of 43 the Ukiah City Code. 44 These comments are applicable to the building permit for the proposed improvements, with further 45 review being perFormed at the time of building permit application. 46 47 10. PLANNING DIRECTOR'S REPORT 48 1. Gave an update on Principal Planner Jordan, who has been out of the office for a while on 49 medicalleave. 50 2. In final efforts of hiring a new associate planner. 51 3. Unlikely there will be a Planning Commission meeting August 27tn 52 MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 28 1 11. PLANNING COMMISSIONERS' REPORT 2 Commissioner Sanders: 3 • The annual Orrs Creek clean-up will be held on September 20th from 9:00 a.m. to 1:00 p.m. 4 5 Commissioner poble: 6 • Has received inquiries about blighted properties and asked about if City code enforcement is 7 aware/doing anything about the Blue Drug property on S. Dora Street and a residential home on 8 the corner of McPeak and Mendocino Drive. 9 10 Planning Director Stump: 11 • City code enforcement is aware of these properties. 12 13 Commissioner Pruden: 14 • Talked about a recent water leak on Clay Street and the quick response by City Public Works 15 Department. 16 17 Chair Whetzel: 18 • Asked about the status of the landscaping at the new City Substation on Gobbi Street and 19 Orchard Avenue. 20 • Asked about money budgeted for planning educational/training purposes and upcoming 21 seminars. 22 23 Planning Director Stump: 24 • Has consulted with the City Electric Utility Director concerning landscaping at this location. 25 • The Planning Commission stipend is intended for planning educational training purposes or for 26 something the Commission may want to use it for. 27 28 There was general Commission discussion concerning training seminars. 29 30 12. ADJOURNMENT 31 There being no further business, the meeting adjourned at 8:36 p.m. 32 33 34 Cathy Elawadly, Recording Secretary MINUTES OF THE PLANNING COMMISSION August 13, 2014 Page 29