HomeMy WebLinkAboutpcm_06242015 Final 1 UKIAH PLANNING COMMISSION
2 June 24, 2015
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Mike Whetzel, Chair
7 Christopher Watt
8 Mark Hilliker
9 Laura Christensen
10
11 STAFF PRESENT OTHERS PRESENT
12 Charley Stump, Planning Director Listed below, Respectively
13 Kevin Thompson, Principal Planner
14 Cathy Elawadly, Recording Secretary
15
16 1. CALL TO ORDER
17 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at
18 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
19
20 2. ROLL CALL
21
22 3. PLEDGE OF ALLEGIANCE - Everyone cited.
23
24 4. APPROVAL OF MINUTES — The minutes from the June 10, 2015 meeting are included for
25 review and approval.
26
27 Commissioner Watt made the following correction to the minutes:
28 • Page 9, line 10, the word `sediments' should read `sentiments.'
29
30 M/S Christensen/Hilliker to approve June 10, 2015 minutes, as amended. Motion carried (4-0).
31
32 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
33 Tom Fletcher,Volunteer Fireman:
34 • Asked if particular consideration is given to fire protection and/or impacts to fire safety as it
35 relates to fire department operations in connection with fire truck maneuverability and site access
36 concerning projects being approved.
37
38 Planning Director Stump:
39 • A Project Review Committee initially reviews projects to see if there are any issues associated
40 with service level/capacity and/or other issues that members from Planning, Public Works, Fire
41 and Police Departments may have. This is a normal/customary step for the processing of new
42 projects.
43
44 Commissioner Christensen:
45 • Asked Mr. Fletcher what he is hoping to achieve with his inquiry and whether he too would like
46 the opportunity to provide input for projects.
47
48 Tom Fletcher:
49 • Would like to be made more aware of projects/their design concepts and/or street configurations,
50 etc., tailored to accompany projects as to how they can potentially impacUaffect fire safety
51 operations with regard to site access and fire engine maneuverability.
52
53 6. APPEAL PROCESS — Chair Whetzel read the appeal process. For matters heard at this
54 meeting, the final date to appeal is July 6, 2015.
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 1
1 7. SITE VISIT VERIFICATION - Confirmed by Commission.
2
3 8. VERIFICATION OF NOTICE- Confirmed by staff.
4
5 9. PUBLIC HEARING
6 9A. Chipotle Mexican Grill Restaurant Site Development Permit, 596 East Perkins Street (File
7 940-SDP-PC). Consideration and possible action of a request for approval of a Major Site
8 Development Permit to allow the construction of a single story +/- 2,378 square foot Chipotle
9 Mexican Grill restaurant building on a vacant parcel located on the northwest corner of East
10 Perkins Street and Orchard Avenue.
11
12 Planning Director Stump gave a staff report/PowerPoint presentation and addressed:
13 • Project description as provided for on page 2 of the staff report.
14 • Staff analysis for project consistency with the General Plan and DZC designation as provided for
15 on pages 4 through 6 of the staff report.
16 • Ukiah Municipal Airport Master Plan consistency as provided for on page 9 of the staff report.
17 • Perkins Street widening project and Perkins Street streetscape/gateway plan as provided for on
18 pages 9 and 10 of the staff report.
19 • Storm-Water Mitigation Plan for the site as discussed/provided for on page 10 of the staff report
20 and attachment 7 of the staff report. There may be a few issues requiring further Public Works
21 review pertinent to storm-water drainage on the site with the possible addition of rain gardens
22 and/or the opportunity to do some permeable paving.
23 • Hours of operation.
24 • Job creation.
25 • Traffic and corresponding traffic study conducted for the project and parking as provided for on
26 pages 10 and 11 of the staff report.
27 • Two color schemes proposed for the building as provided for on page 1 of the staff report.
28 Requested the Planning Commission discuss the two proposed color schemes and make a
29 determination in this regard.
30 • Three exceptions from the Urban Center DZC standards: 1) proposed building does not have the
31 required 70% building length on the principal street frontage (Perkins Street) 2) The building is
32 single story rather than the required two-story and 3) The project exceeds the maximum parking
33 allowed of 8 spaces allowed and 20 spaces provided as discussed/analyzed on pages 1 and 6, 7
34 of the staff report.
35 • Site constraints/building orientation and design, site access, landscaping/tree species selection,
36 pedestrian access particularly with the proposed new walkway to connect with the adjacent Pear
37 Tree Shopping Center parking lot and shopping center that would be located between the
38 Redwood Trees as shown on the site plans and site planning as discussed/provided for in the
39 staff report and site plans in attachment 3.
40 • Staff recommends approval of the project based on the draft findings in attachment 1 of the staff
41 report and subject to the draft conditions of approval in attachment 2 of the staff report.
42
43 Commissioner Watt:
44 • Was a sample of the building color palate provided? Asked whether the darker color scheme was
45 brown or gray.
46 • Asked whether sufficient sight distance was a consideration for persons making a left turn from
47 the Chipotle driveway onto Orchard Avenue given there is another driveway within a short
48 distance.
49 • Asked about the distance from the proposed Chipotle driveway to the Subway driveway on N.
50 Orchard Avenue?
51 • Asked if the grading plan submitted has been superseded by any of the other document
52 submittals in this regard?
53
54 Chair Whetzel:
55 • There are three driveways/exits in close proximity on Orchard Avenue.
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 2
1 • It may be the DZC restricts the building orientation/development options on the site from being
2 able to push the building back from the sidewalk and allow for parking in the front of the building.
3 It would be nice to utilize the parking lot in the Pear Tree Shopping Center that is located adjacent
4 to the site and never used.
5 • It would appear unhealthy for persons eating outdoors in front of the building such that they will
6 breathe all the exhaust from traffic.
7 • It appears developments are seeking exceptions to the DZC in order to make projects happen.
8 • Requested clarification the applicant's color preference for the building is white with accent
9 colors.
10
11 Commissioner Christensen:
12 • Referred to page 8 of the staff report that states, `according to the Downtown Zoning Code, the
13 proposed building has a `shopfront' building frontage and is a `side-yard' building type. Both of
14 these approaches are allowed in the Urban Center portion of the Downtown Zoning area, and
15 asked staff to define `shopfront' building frontage and `side-yard' building type.
16
17 Planning Director Stump:
18 • No sample color palate was provided. Is of the opinion the color scheme shown on the
19 PowerPoint screen and site plans closely resemble the color palate. It appears the darker color
20 scheme is a gray-brown.
21 • Public Works looked at the driveway situations on Orchard Avenue in the vicinity of McDonalds,
22 Subway, JC Penney's and the Pear Tree Shopping Center. Acknowledged there are times when
23 cars do back-up some in this area on Orchard Avenue and have to wait to make a left-hand turn
24 into these establishments.
25 • The distance from the Chipotle driveway to the Subway driveway is likely 100 feet.
26 • The side-yard building type is a building that occupies one side of the lot with the setback to the
27 other side. It is essentially a side yard building and refers to the building location on the lot. The
28 intent of having a shopfront building frontage is to have the facades of the building look like a
29 shopfront and this can be achieved by the use of glass on both facades. The proposed Chipotle
30 building has two street frontages.
31 • Being able to utilize the parking lot in the Pear Tree Center that abuts the site is not an option and
32 the owner of the property will explain why. In terms of pushing the building back from the sidewalk
33 to allow for parking upfront, the intent of the design is to have the building upfront so that it looks
34 that 'a shop/shopfront' such that there is a lot of pedestrian activity. The architectural look that is
35 trying to be achieved is that when people drive into town they see people enjoying themselves
36 dining out in front of the building that is aesthetically pleasing with a glass front and is nicely
37 landscaped.
38 • Acknowledged given the configuration of the site made it particularly challenging to appropriately
39 design and situate the building while still allowing for good planning and compliance with the DZC
40 regulations.
41 • We are just starting to use the DZC and acknowledged there are requests for exemptions where
42 amendments/changes will likely be made to the DCZ as necessary to better
43 accommodate/promote developments.
44 • The grading plan has been superseded by the Storm Water Mitigation Plan.
45 • Acknowledged the applicanYs color preference for the building is white with accent colors.
46
47 PUBLIC HEARING OPENED: 6:29 p.m.
48
49 Reed Finley,Westcoast Design Manager for Chipotle:
50 • Related to the comment of people dining in front of the building from a health standpoint noted
51 the two outdoor dining patios on each side of the building fronts have three-foot high landscaping
52 planter buffers that help to screen the outdoor dining areas and there are trellises that provide
53 shade. From a design perspective was very sensitive to having the outdoor dining area right up
54 to the street front.
55
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 3
1 Commissioner Hilliker:
2 • Will the planter buffers be made from a material and/or contain a treatment that will be easy to
3 keep clean such as from graffiti?
4
5 Commissioner Christensen:
6 • The main entrance is located furthest away from the parking area and asked whether this is a
7 design/aesthetic or visual thing? Appears odd that the main entrance would be on the west
8 wall/elevation.
9 • Asked about the reason use of the large parking lot in the Pear Tree Shopping Center that abuts
10 the Chipotle site that no one uses is not an option and why there is no driving access from the
11 Chipotle parking lot into Pear Tree Shopping Center parking lot.
12 • Asked why the color preference is white for the building?
13
14 Chair Whetzel:
15 • Has observed the Pear Tree Shopping Center parking lot that abuts the Chipotle site is rarely
16 used and should be.
17
18 Commissioner Watt:
19 • Referred to the Storm Water Drainage Plan and noted permeable paving was shown as an option
20 on page 1 of the architecture plan and inquired if this was still the intent?
21 • Are bike racks proposed for the project?
22 • Asked if parking accommodations can be a consideration for low emission vehicles and/or electric
23 vehicles.
24 • Has issue with the Standard Urban Storm Water Mitigation Plan (SUSMP) prepared for the
25 project. Understands the City only recently began to apply the Low Impact Development (LID)
26 manual standards to projects in connection with storm water best management practices (BMPs).
27 The tool the City selected to use with regard to determining storm water best management
28 practices was the Santa Rosa methodology. When determining the BMPs for the project and
29 corresponding compliance with LID Manual standards found the calculations to be incorrect and
30 this can change/alter the site design for runoff/storm water management on the site with regard to
31 either the rain gardens or pavement, for instance. His concern is that if the project is approved
32 with errors in the Storm Water Mitigation Plan such that when the SUSMP is finalized changes
33 may be necessary to the site design that may possibly include having to increase the size of the
34 rain gardens or having to allow for a certain amount of permeable paving and questioned what
35 effect this might have on the project?
36
37 Reed Finley:
38 • Confirmed the planter buffer will be easy to maintain and explained how so.
39 • Confirmed there is a secondary entrance. Acknowledged the focused entrance is on the corner.
40 • Is not adamantly favoring the white palate, the white and two-tone dark brown are the corporate
41 color scheme.
42 • His preference is the white with accent colors because it makes the building `pop' a little more
43 than the two-tone dark brown with accent color scheme. Is of the opinion the white is slightly
44 more welcoming absorbs heat better particularly in a hot summer climate like Ukiah.
45 Acknowledged the Design Review Board's preference was the two-tone dark brown palate.
46 • Understands permeable paving is not the intent now.
47 • Confirmed Chipotle does intend to install bike racks although a location has not been selected.
48 • Would consider providing parking for low emission vehicles/electric vehicles.
49 • Related to the associated storm water drainage documents and compliance with LID manual
50 standards there is room for negotiation in terms of how many square feet of permeable paving
51 may be necessary.
52
53 Commissioner Watt:
54 • The aforementioned is not a negotiation but rather a `numerical standard.'
55
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 4
1 Reed Finley:
2 • Chipotle fully intends to comply with storm water best management practices and whatever
3 approach is necessary for compliance with these practices will be implemented for the project.
4
5 Commissioner Watt:
6 • His intent is to make the applicant aware that the preliminary SUSMP of attachment 6 of the staff
7 report has some `shortcomings' with regard to BMPs that may affect the project and outcome
8 thereof such that when the final SUSMP is completed it may drive the site design to change.
9 Would caution the applicant that this may become a potential issue.
10
11 Planning Director Stump:
12 • The DZC requires the entrance be on the street corner and this is reflective and in keeping with
13 the traditional old buildings in the downtown for buildings having two storefronts. Walgreens has a
14 corner entrance. The secondary entrance leads directly from the parking lot.
15 • Related to the matter of providing for permeable paving would have to defer to the applicant. The
16 DRB did ask for permeable paving; however, it was determined that permeable paving was not
17 necessary as provided for in the Storm Water Mitigation Plan. It may be that some modifications
18 will be necessary in order to more appropriately `fine-tune' the Storm Water Mitigation Plan.
19 Permeable paving was proposed for the sidewalk as shown on the site plan but determined
20 inappropriate and has been removed as part of the project plans.
21 • Bike racks are required and provided for in Condition of Approval #34.
22 • Should the site design have to change as a result of modifications to the SUSMP when finalized
23 to accommodate increased size of rain gardens or provide for permeable paving it is possible to
24 eliminate a parking space or two to address this issue since the project is over-parked and this
25 provides for some flexibility at the building permit stage. Is of the opinion there would the
26 opportunity to do some fine-tuning with regard to drainage and drainage improvements for the
27 project.
28
29 Commissioner Watt:
30 • Additionally, noted some of the BMPs selected require geotechnical analysis. While the location
31 of the rain gardens have been recognized, geotechnical analysis may indicate they need to be
32 further from the building.
33 • The site was formerly a gas station and while not sure if this is an issue or not there may be
34 contamination such that rain gardens are not appropriate for use in areas of contamination and
35 would advise when the final SUSMP is completed that any reports from the gas station clean-up
36 be considered in the design of the rain gardens.
37
38 Dan Thomas, Property Owner and Applicant:
39 • Has worked for years to make the Chipotle parcel part of the Pear Tree Center property for
40 access purposes and/or other beneficial reasons without success and this is primarily because no
41 mutual consent/agreement has ever been reached between all the tenants in connection with
42 their corresponding long term leases for the buildings and existing parking lot in the Pear Tree
43 Center that would allow this to happen. The Chipotle property is not part of Pear Tree Center. The
44 best that can be done in terms of providing access between the Pear Tree Center and the
45 Chipotle site is the proposed connecting pathway as shown on the site plans.
46 • Acknowledged the Pear Tree Center parking lot that abuts the Chipotle site is
47 underutilized/vacant most of the time except during the holiday shopping season and/or when
48 sales are occurring in stores in Pear Tree Center.
49
50 Chair Whetzel:
51 • A parking space could be eliminated to allow for bike parking.
52 • Would be nice if Chipotle could utilize the parking lot that is rarely used in the Pear Tree Center
53 that abuts the Chipotle site as discussed above.
54 • If the project was not subject to the DZC regulations would Chipotle designed the lot differently?
55
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 5
1 Commissioner Hilliker:
2 • It is likely the unused parking lot in the Pear Tree Center will get used particularly with the
3 pedestrian access route through the Redwood Trees that will be provided with the proposed
4 project.
5 • It is important that pedestrians have safe pathways of travel and appropriate ADA ramp facilities
6 to the restaurant on all site perimeters and referred particularly to that section of the site plans
7 where Perkins Street will be widened.
8 • Asked what will occur if the City asks for 10 feet of the lot for the widening of Perkins Street?
9
10 Planning Director Stump:
11 • Public Works will make certain pedestrian pathway facilities are safe and accessible for
12 handicapped persons particularly for the widening of Perkins Street project.
13 • Confirmed the dedicated 10 feet of public right-of-way has been in place for many years so when
14 the Chipotle project came forward the applicant was aware of the 10-foot right-of-way for the
15 Perkins Street widening project such that the design/layout of the building and site took into
16 consideration this designated right of way. With the upcoming widening of Perkins Street project
17 the applicant would not be required to make the necessary curb, gutter and sidewalk
18 improvements only to be removed with the widening project where the applicant will make a
19 financial contribution for these street improvements to be completed in the future.
20
21 Reed Finley:
22 • It is unlikely the lot would have been designed differently. As designed, the project is a good fit for
23 the lot.
24
25 Tom Fletcher:
26 • Asked about the timeframe for the widening of Perkins Street.
27
28 Planning Director Stump:
29 • The Perkins Street widening project could take place anywhere from one to three years where the
30 property owner will be required to make a financial contribution for when it is time to make the
31 necessary street improvements.
32 • Related to the project having issues and noted nearly every project applying for a building permit
33 that is reviewed by the Planning Commission is not exactly the same in terms of what was
34 approved because construction problems do happen where it is staff's job to make certain the
35 project is in substantial conformance with what the Commission approved. As such for this project
36 and the issue with the preliminary SUSMP, it may be that a parking space or two will have to be
37 eliminated to accompany rain gardens for compliance with onsite drainage requirements.
38
39 Dan Thomas:
40 • Acknowledged the project had some issues that needed to be worked out and particularly
41 referenced the issue of drainage and compliance with the LID standards that were recently
42 adopted by the City.
43 • Will make the design modifications to the project that may be necessary in order to comply with
44 Ukiah's Phase I Storm Water Permit and the LID Technical Design Manual whether it requires
45 having to increase the size of the rain gardens or provide for permeable paving, etc.
46
47 Commissioner Watt:
48 • The reason he has called attention to the matter of the storm water drainage system plan for the
49 project is because the City has a storm water permit with the State that requires the assurance on
50 the part of the City that development projects of a certain type comply with the LID standards in
51 the permit the City has coverage under. The City chose to adopt a policy from the City of Santa
52 Rosa as their method of ensuring compliance.
53 • Does not support either of the proposed color palates.
54
55 PUBLIC HEARING CLOSED: 6:53 p.m.
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 6
1 There was Commission/staff discussion concerning the pedestrian pathway where the Redwood Trees
2 are located and the concern for protection of the root system during construction of the pathway. It was
3 noted the DRB also shared the same concerns when they reviewed the project. The Commission would
4 like to add a condition to make certain the root systems for the Redwood trees are protected during
5 construction.
6
7 There was Commission discussion concerning possibly conditioning the applicant to provide
8 accommodations for low emission/electrical vehicles and the associated fairness/reasonableness in terms
9 of cost to the applicant and what other possible options/measures that can be taken in this regard to
10 assist low emission vehicles.
11
12 Commissioner Christensen:
13 • Does not want to see parking stalls eliminated that might compromise parking for the project but
14 would be okay with dedicating one parking space to be used for bicycle parking.
15
16 Planning Commission:
17 • Accepts staff's findings/analysis regarding the three project exceptions requested.
18 • Added the following conditions of approval:
19 #39 The existing redwood trees and their root systems located on the adjacent parcel shall be
20 Protected during construction of the pedestrian path and all other phases of construction.
21 #40 One of the vehicle parking spaces in close proximity to the west entrance to the
22 restaurant shall be dedicated and used for bicycle parking. Prior to final inspection and
23 the grant of occupancy, bicycle parking racks shall be installed in the chosen vehicle
24 parking space area to accommodate bikes.
25 #41 Prior to final inspection and the grant of occupancy, two Low Emission Vehicle parking
26 signs shall be posted on two of the vehicle parking spaces to encourage the use of low
27 emission vehicles.
28 • The majority of the Commissioner's prefer the two-tone dark brown with accent color palate.
29 • It may be the empty parking lot next door will get more use.
30 • It may be changes will have to be made to the site plans for project compliance with the LID
31 Manual standards.
32 • Likes the project and supports approval.
33 M/S Watt/Hilliker to approve Chipotle Mexican Grill Restaurant Site Development Permit (File 940-SDP-
34 PC)with the Findings in attachment 1 and subject to the Conditions of Approval in attachment 2 and with
35 the added conditions as referenced above. Motion carried (4-0).
36
37 10. PLANNING DIRECTOR'S REPORT
38 Planning Director Stump gave a report/update of upcoming Planning Commission projects, budget for
39 FY 2015-16, City Council decisions concerning planning projects and/or other planning related
40 plans/projects.
41
42 Commissioner Watt asked about the status of a housing project south of Ukiah.
43
44 Planning Director Stump noted the aforementioned project is in the Countyjurisdiction.
45
46 Commissioner Hilliker asked about during the electrical undergrounding of utilities on Perkins Street if
47 consideration is also given to drainage on this street since it frequently floods when it rains heavily.
48
49 Planning Director Stump noted Public Works has made some improvements to drainage on Perkins
50 Street.
51
52 Commissioner Christensen asked about the ownership of the property located at 534 E. Perkins that is
53 the subject of an upcoming Zoning Administrator project to allow a parking lot, new trees, and a new
54 sidewalk to connect the existing hospital with the Pear Tree Center.
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 7
1 Planning Director Stump confirmed Pear Tree Center owns the property.
2
3 11. PLANNING COMMISSIONERS' REPORT
4
5 12. ADJOURNMENT
6 There being no further business, the meeting adjourned at 7:23 p.m.
7
8
9 Cathy Elawadly, Recording Secretary
10
11
12 SITE DEVELOPMENT PERMIT FINDINGS
13 TO ALLOW THE CONSTRUCTION OF A CHIPOTLE MEXICAN GRILL RESTAURANT
14 AT 596 EAST PERKINS STREET, UKIAH
15
16 The following findings are supported by and based on information contained in this staff report, the
17 application materials and documentation, and the public record.
18
19 1. The proposed Chipotle Mexican Grill Restaurant project, as conditioned, is consistent with the
20 goals and policies of the General Plan as described in Table 1 of the staff report.
21
22 2. The proposed Chipotle Mexican Grill Restaurant project, as conditioned, and with the requested
23 exceptions supported, is consistent with the Zoning Ordinance as described in Table 2 of the staff
24 report.
25
26 3. The location, size and intensity of the proposed Chipotle Mexican Grill Restaurant would not
27 create hazards to vehicular or pedestrian traffic because the traffic study for the project revealed
28 that the vehicle traffic generated by the project would not significantly erode the levels of service
29 of adjacent streets.
30
31 4. Based on the findings and conclusions contained in the Focused Traffic Study, prepared by
32 Whitlock & Weinberger Transportation, Inc., it is found that the proposed access and circulation
33 design for the project site is adequate and will not adversely impact the public's health, safety and
34 general welfare.
35
36 5. The Chipotle Mexican Grill Restaurant would be constructed on a vacant lot in a densely urban
37 area and would not create conflicts or create hazardous or inconvenient conditions because its
38 design has been guided by the City General Plan, a professional traffic study, LID storm-water
39 elements, the Downtown Zoning Code, and the Ukiah City Code.
40
41 6. The Chipotle Mexican Grill Restaurant project would not remove any existing landscaping and
42 would provide ample landscaping to meet the requirements of the Ukiah City Code.
43
44 7. The Chipotle Mexican Grill Restaurant project would not cut out light and air on the property, or
45 on the property in the neighborhood; nor will it hinder the development or use of buildings in the
46 neighborhood, or impair the value thereof, because it would be a small single story structure with
47 ample yard setbacks to the adjacent building to the north. No existing buildings are located
48 adjacent to the west, east or south.
49
50 8. The project will not destroy any natural land features or creeks because none exist on the site,
51 and no trees must be removed from the property.
52
53 9. The design of the Chipotle Mexican Grill Restaurant project was reviewed by the City Design
54 Review Board twice and after a number of modifications requested by the Board were
55 incorporated into the project, the Board voted unanimously to recommend approval of the project.
56
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 8
1 10. The project is compatible with surrounding land uses and would not be detrimental to the public's
2 health, safety and general welfare because the site is located in an area with a mix of commercial
3 land uses including other restaurants; would not create new traffic issues; would not adversely
4 impact pedestrians in the area; and would not conflict with site design and architectural standards
5 for the area.
6
7 11. The project has been reviewed by all City Departments including the Police, Fire and Public
8 Works Departments, and none of these Departments have identified any potential impacts to the
9 public's health, safety or general welfare.
10
11 12. The darker color alternative for the proposed building would provide a more attractive structure
12 because it would blend and harmonize with the existing surrounding development and adjacent
13 Redwood trees better than the white color alternative.
14
15 13. The requested exception for exceeding the number of allowed parking spaces (8 allowed, 20
16 proposed) is deemed reasonable and appropriate for the following reasons: 1) There is no on-
17 street parking on the two streets fronting the project site; 2)While there are parking spaces in the
18 adjacent Pear Tree Shopping Center, these spaces are intended for use by the commercial
19 developments within the center and there is no guarantee these spaces would be available for
20 Chipotle restaurant customers; and 3) The proposed parking is located behind the proposed
21 building and would be shielded from view by the building, which is consistent with the intent of the
22 Downtown Zoning District.
23
24 14. The requested exception to build a single-story structure rather than the required two-story
25 structure is reasonable and appropriate because there are no two-story structures in the area and
26 a two-story Chipotle Mexican Grill would appear overwhelming and out of character with existing
27 commercial development in the area. Additionally, the subject parcel is one of the first parcels on
28 the eastern end of the Downtown Zoning Code area, and a two-story building at this location
29 would appear abrupt and would not allow for a smooth transition to taller buildings in the historic
30 downtown.
31
32 15. The requested exception from the requirement to build across 70% of the East Perkins Street
33 frontage is reasonable and appropriate because the parcel is small and to do so would eliminate
34 one of the access/egress points and preclude compliance with landscaping requirements, which
35 would make the project infeasible.
36
37 16. The proposed project would not have a significant impact on the environment and is exempt from
38 the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
39 Section 15303, Class 3—New Construction of small structures and detailed in this Staff Report.
40
41 SITE DEVELOPMENT CONDITIONS OF APPROVAL
42 TO ALLOW THE CONSTRUCTION OF A CHIPOTLE MEXICAN GRILL RESTAURANT
43 AT 596 EAST PERKINS STREET, UKIAH
44
45 1. Approval is granted to allow construction of an approximate +/- 2,378 square foot Chipotle
46 Mexican Grill restaurant as shown on the plans date stamped April 30, 2015 and the LID Site
47 Plan contained in the Preliminary SUSMP dated May 12, 2015.
48
49 2. Plans submitted for a building permit shall be in substantial conformance with the plans
50 conditionally approved by the Planning Commission and shall include the dark brown color
51 alternative.
52
53 3. Construction hours 7:00 a.m. to 7:00 p.m. Monday through Friday. Saturday 9:00 a.m. to 4:00
54 p.m., unless specifically approved by the Public Works Director. Construction is prohibited on
55 Sundays and holidays recognized by the City of Ukiah, unless approved by the Public Works
MINUTES OF THE PLANNING COMMISSION June 24, 2015
Page 9
1 Director. Interior construction is exempt from these hours provided that construction noise is not
2 audible at the project property lines.
3
4 4. On plans submitted for a building permit these conditions of approval shall be included as notes
5 on the first sheet.
6
7 From the Building Official
8
9 5. A Geotechnical Report is required.
10
11 6. An approval letter from Mendocino County Environmental Health is required for the commercial
12 kitchen prior to the issuance of the building permit.
13
14 7. The plans will need to show compliance with the nonresidential requirements within the California
15 Green Building Standards Code which include but are not limited to: storm water pollution
16 prevention, bicycle parking, clean air/vanpool/EV parking stall, light pollution reduction, grading
17 and paving, indoor and outdoor water use, primary exterior door is protected with 4 foot overhang
18 or awning, construction waste management plan to recycle > 50%, maintenance and operations
19 manual, finish material pollution control (low VOC's), and exterior noise transmission.
20
21 8. An accessible path of travel to the trash enclosure is required.
22
23 9. A urinal is required in the men's restroom.
24
25 10. Each type of seating in the restaurant is required to be accessible, so that if bar seating is
26 provided then a portion of that type of seating will need to be accessible.
27
28 From the Fire Marshal: No Comments submitted
29
30 From the Police Department: No Comments submitted
31
32 From the Public Works Department
33
34 11. The project triggers requirements of the LID Technical Design Manual, and a Preliminary SUSMP
35 has been received. We request that the property owner or developer sign and date the
36 acknowledgement section of Page 6 of the Determination Worksheet.
37 12. Prior to construction of site improvements, a final grading and drainage plan, and an erosion and
38 sediment control plan, prepared by a Civil Engineer, shall be submitted for review and approval
39 by the Department of Public Works. The plan shall include the detailed design of the proposed
40 storm water best management practices (BMPs). Drainage improvements shall be in compliance
41 with the City of Ukiah's Phase I Storm Water Permit and the Low Impact Development Technical
42 Design Manual (LID Manual). A final drainage report and Standard Urban Storm Water Mitigation
43 Plan (SUSMP) shall be provided to support the design of the proposed drainage system.
44 13. The project engineer shall provide direct oversight and inspection during project construction, with
45 special attention to implementation of best management practices for sediment and erosion
46 control, and the proper grading, installation, and landscaping of the storm water BMPs. Upon
47 completion of the work, a report shall be submitted by the project engineer to the Department of
48 Public Works stating that the improvements have been completed in accordance with the
49 approved plans and conditions of approval, shall function as intended, and all areas have been
50 permanently stabilized to prevent sediment and erosion.
51 14. Maintenance and inspection of all post-construction best management practices (BMPs) are the
52 responsibility of the property owner. In accordance with the LID Manual, a legally binding, signed
53 maintenance agreement approved by the City of Ukiah is required for the proposed storm water
MINUTES OF THE PLANNING COMMISSION June 24, 2015
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1 treatment planters and all post-construction BMPs, and shall be recorded prior to final approval of
2 the building permit.
3 15. Sidewalk and driveway improvements within the street right-of-way shall be designed to meet accessibility
4 requirements. Prior to construction,improvement plans shall be prepared by a Civil Engineer and approved
5 by the Department of Public Works for all improvements within the street rights-0f-way. Public sidewalks
6 located outside of the street right-of-way will require a sidewalk easement dedicated to the City.
7 16. Any existing curb,gutter and sidewalk in disrepair adjacent to the subject property shall be repaired.
8 Abandoned driveway approaches and curb openings shall be removed. All work shall be done in
9 conformance with the City of Ukiah Standard Drawings 101 and 102 or as directed by the City Engineer.
10 17. As directed by the City Engineer,construction of final Perkins Street frontage improvements may be deferred
11 until the Perkins StreeUOrchard Avenue intersection widening is completed,in which case frontage
12 improvements would be constructed by the City. Prior to issuance of the building permit,applicant shall pay to
13 the City the approved Engineer's Estimate of cost for deferred improvements for Pericins Street curb,gutter,
14 sidewalk,driveway,and comer ramp fronting the subject property.
15 18. All work within the public right-of-way shall be performed by a licensed and properly insured
16 contractor. The contractor shall obtain an encroachment permit for work within this area or
17 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3°/o of estimated
18 construction costs.
19 19. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and tested,
20 and repaired or replaced if required. Sewer connection fees shall be paid at the time of building
21 permit issuance.
22 20. Capital Improvement fees for water service are based on the water meter size. A fee schedule
23 for water meter sizes is available upon request. Additionally, there is a cost for City crews to
24 construct the water main taps for the proposed water services to serve the project.
25 21. Irrigation services shall have approved backflow devices.
26 22. Pursuant to the recommendation contained in the submitted traffic study, the driveway onto East
27 Perkins Street shall be signed for right turns only so that outbound motorists would avoid conflicts
28 with the queues that often form in the eastbound left-turn lane on East Perkins Street.
29 From the Mendocino County Environmental Health Department
30 23. Prior to the commencement of construction, the applicants shall submit for review and approval a
31 complete set of plans for a new food facility with manufacture's material and equipment technical
32 specification sheets, a proposed food menu and a major plan review fee for a permanent food
33 facility.
34 From the Mendocino County Air Quality Management District
35
36 24. The applicants are encouraged to consider the installation of a metered or unmetered electric
37 vehicle charging station.
38
39 From the City Electric Utility Department
40
41 25. The applicants shall comply with all the requirements listed in the Electric Utility Department
42 Memorandum from Jimmy Lozano, dated May 5, 2015 and included in attachment 7.
43 Standard Conditions
44
45 26. No permit or entitlement shall be deemed effective unless and until all fees and charges
46 applicable to this application and these conditions of approval have been paid in full.
MINUTES OF THE PLANNING COMMISSION June 24, 2015
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1
2 27. The property owner shall obtain and maintain any permit or approval required by law, regulation,
3 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
4 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
5 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
6 and issued.
7
8 28. All conditions of approval that do not contain specific completion periods shall be completed prior
9 to building permit final.
10
11 29. This Site Development Permit may be revoked through the City's revocation process if the
12 approved project related to this Permit is not being conducted in compliance with these
13 stipulations and conditions of approval; or if the project is not established within two years of the
14 effective date of this approval.
15
16 30. Except as otherwise specifically noted, the Site Development Permit shall be granted only for the
17 specific purposes stated in the action approving the Site Development Permit and shall not be
18 construed as eliminating or modifying any building, use, or zone requirements except to such
19 specific purposes.
20
21 31. The project shall comply with the following requirements to reduce air quality impacts related to
22 project construction:
23
24 32. All grading shall comply with Mendocino County Air Quality Management District Rule 1-430,
25 Fugitive Dust Emissions.
26
27 A. All activities involving site preparation, excavation, filling, grading, road construction, and
28 building construction institute a practice of routinely watering exposed soil to control dust,
29 particularly during windy days.
30
31 B. All inactive soil piles on the project site shall be completely covered at all times to control
32 fugitive dust.
33
34 C. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous
35 gusts)exceed 25 miles per hour.
36
37 D. Adjacent roadways exposed to dust, dirt, or other soil particles by vehicles tires, poorly
38 covered truck loads, or other construction activities shall be cleaned each day prior to the end
39 of construction activities using methods approved by the Director of Public Works/City
40 Engineer.
41
42
43 33. All lighting shall comply with the following requirements:
44
45 ➢ International Dark Sky Association approved fixture or equivalent;
46 ➢ Design compatible with the structures on the site.
47 ➢ Downcast, full cutoff fixture(s);
48 ➢ Pole height similar to any existing poles.
49 ➢ No light impacts or spill-over to adjacent properties.
50
51 34. Prior to the grant of occupancy, a minimum of 4 bicycle racks shall be installed in close proximity
52 to the entrance to the restaurant. Additional bicycle racks are strongly encouraged.
53
54 35. Prior to the issuance of a grading or building permit, a Final Landscaping Plan shall be submitted for
55 review and approval by the Planning Director or designee. Installation shall be completed prior to the
MINUTES OF THE PLANNING COMMISSION June 24, 2015
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1 Certificate of Final Occupancy unless the Director determines that an alternate planting schedule
2 would be more favorable to the plants. No lawn/turf shall be permitted.
3
4 36. All required landscaping shall be properly maintained to insure the long-term health and vitality of the
5 plants, shrubs and trees. Proper maintenance means, but is not limited to the following:
6 a. Regular slow, deep watering when feasible. The amount of water used shall fluctuate according
7 to the season, i. e., more water in summer, less in the winter.
8 b. Additional watering shall occur during long periods of severe heat and drying winds, and reduced
9 watering shall be used during extended periods of cool rainy weather.
10 c. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic fertilizer
11 according to the recommendations of a landscaping professional.
12 d. Weed killers shall not be used on or near trees.
13 e. The tree ties and stakes shall be checked every six months to ensure they do not constrict the
14 trunks and damage the trees.
15 f. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not damage the trunk
16 of the tree and its overall growth.
17 g. Any tree that dies or is unhealthy due to pests, disease or other factors, including vandalism, shall
18 be replaced with the same or similar tree species, or an alternative species approved by the
19 department of Planning and Community Development.
20 h. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All pruning shall
21 follow standard industry methods and techniques to ensure the health and vitality of the tree.
22 i. Failure to comply with the requirements listed above could result in revocation of the Site
23 Development Permit.
24 37. The applicants shall submit a Final Sign Program that includes the designs, samples of materials
25 and colors for all signs proposed to be installed on the subject property to the Planning
26 Department for determination of consistency with the approved Sign concept. For the project.
27 The Director may approve minor deviations or modifications to the approved signs compatible
28 with and in substantial conformance with the overall design.
29
30 38. This approval is contingent upon agreement of the applicant and property owner and their agents,
31 successors and heirs to defend, indemnify, release and hold harmless the City, its agents, officers,
32 attorneys, employees, boards and commissions from any claim, action or proceeding brought against
33 any of the foregoing individuals or entities, the purpose of which is to attack, set aside, void or annul
34 the approval of this application. This indemnification shall include, but not be limited to, damages,
35 costs, expenses, attorney fees or expert witness fees that may be asserted by any person or entity,
36 including the applicant, arising out of or in connection with the City's action on this application,
37 whether or not there is concurrent passive or active negligence on the part of the City. If, for any
38 reason any portion of this indemnification agreement is held to be void or unenforceable by a court of
39 competent jurisdiction, the remainder of the agreement shall remain in full force and effect.
40
41 39. The existing redwood trees and their root systems located on the adjacent parcel shall be protected
42 during construction of the pedestrian path and all other phases of construction.
43
44 40. One of the vehicle parking spaces in close proximity to the west entrance to the restaurant shall be
45 dedicated and used for bicycle parking. Prior to final inspection and the grant of occupancy, bicycle
46 parking racks shall be installed in the chosen vehicle parking space area to accommodate bikes.
47
48 41. Prior to final inspection and the grant of occupancy, two Low Emission Vehicle parking signs shall be
49 posted on two of the vehicle parking spaces to encourage the use of low emission vehicles.
50
51
52
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