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HomeMy WebLinkAbout2000-08-16 PacketMEMORANDUM DATE: TO: FROM: SUBJECT: August 14, 2000 Honorable Mayor Mastin and Members of City Council Candace Horsley, City Manager Agenda Item 1 la - Discussion of City of Ukiah Living Wage Ordinance Councilmember Baldwin submitted additional information for your review relative to the subject Agenda Item, which the Council will be discussing this Wednesday evening. Do not hesitate to contact either Councilmember Baldwin or myself if you have any questions relative to this item. CH:ky Atts. 4:Can:MCC266 August 12, 2000 Dear Fellow Councilmembers, Each of us lives in contented comfort during this unparalleled economic boom, as do most Ukiah families. However, a significant percentage of Ukiah citizens who work full time have not benefited from the surging economy, in fact many hard working residents here have lost ground and regularly struggle to make ends meet. These two proposals represent one small step to include the Golden Rule in local public policy. Upon adoption, they will also establish the guarantee that City privatization of service and tax subsidy to business never promote wages leaving families destitute at the end of the month. The draft Living Wage Ordinance states that City financial assistance recipients receiving more than $10,000 and private service providers to the City with contracts of $10,000 or more must pay a wage of $8.75 per hour with health coverage or $10.00 per hour without such insurance. The proposal also calls for contractors and financial recipients to provide at least twelve days compensated days off yearly. Exempted from the Living Wage Ordinance are benefiting businesses employing fewer than five workers. The draft' calls for yearly adjustment upward of the wage based on changes in the consumer price index. A second measure would provide a $5,000 bidding preference for "Eligible Local Businesses" seeking contracts to supply the City with equipment and services. The draft definition of Eligible Local Business includes the requirement that "the majority of its work force, including subsidiaries, is employed in Mendocino County" and that the business pays employees $8.75 per hour with health coverage or $10.00 without. Additionally, the business seeking the bidding preference must verify it meets "all requirements of zoning and sign ordinances as well as building and use permits while utilizing maximum recycling capability of the local waste hauler." It seems obvious that inadequate compensation often fails to provide employees with resources sufficient to afford a decent life in our community. The recent report presented to our Council entitled Hunger in Mendocino County points out that for thirty percent of food bank recipients a job is their chief source of income. We know that underpaying employees fosters high turnover, absenteeism and lackluster performance. On the other hand a City of Ukiah commitment to an adequate wage scale for contracted providers will enhance the quantity and quality of services by such employees to our community. Adequate compensation by our private providers will also increase productivity, efficiency, workplace stability, and good citizenship ~nile the anti-government forces in Sacramento continue to deny us the right to manage fiscal policy with democratically determined just local taxation, we can enact these ordinances and, thereby, take a stand against the increasing disparity between rich and working poor in our community. If we believe the ideals of the Declaration of Independence and the Sermon on the Mount should be more than breeze shooting, romantic prose, we must act as a community to to encourage a Living Wage. During our consideration of these proposals we might keep in mind Deuteronomy 24:21 "Thou Shalt Not Oppress a Hired Servant that is Poor and Needy." Sincerely, Phil Baldwin Is This Living Wage Proposal Sufficient? 1. $8.75 per hour is $350 each week, $1,400 per month, or $16,000 per year before taxes and other payroll deductions. 2. Allowing for take home reduction with one exemption claimed (federal & state taxes, social security, Medicare) of 16% of monthly pay ($225) that leaves our employee serving the City just $I17~; to live on each month. 2. Possible (?) monthly budget on this "Living" Wage (not accounting for rental deposit, last month rent, car payment, car insurance, retirement payments, or medical (doctor and drug) co- payments, or credit purchase payments. Rent: $425 Food: $450 Phone: $ 40 Gas: $ 15 Electric: $ 60 MTA Transportation: $ 40 Cable Television: $ 30 Toiletries & Incidentals $ 50 Clothing: $ 20 Insurance, Savings, Emergencies, Entertainment $ 45 Income and Wealth Disparity: *Top 5% (of U.S. households) now owns 70% of America' s wealth. *CEO' s today make 326 times factory worker' s pay (in 1965 it was only 44 times greater) *Average CEO makes 728 times more than a minimum wage worker in U.S. *CEO vs. worker pay differential in U.S. greater than in all industrialized nations Mendocino County Figures: *30% of those applying here for food assistance report that their chief source of income is a job. *Mendocino County ranks 26th among 52 counties in per capita income; Humboldt is 32nd Sonoma is 11 th. *Median monthly household income in Mendocino County is $2,614 *Percentage of Mendocino County Businesses with fewer than five employees: 67% (2,572) *Percentage of Mendocino County Businesses with more than four employees: 33% (1250) Ukiah City Etnployee Lowest Rate of Pay: $12.80 per hour in appreciation for his 29+ years o£dedicatedserWce to thc Cio, o£ U~'iah. WHEt~EAS, Terry Eib began his [onff and~rious ten ure ~ith the Ci~ o[ U~ on Scptcmbcr ~ 1~70 ~ a Par~' Maintenance ~fan~ ~ promoted to Par~ Maintenance ~adman on July ~ I~7~ trans~rrcd to the PubIic ~r~ Department ~ a [~tcr and Sc~vr J.fah~tcnancc ~n I on November l~ I~7~ ~v~ promoted to Pumping Plant Operator-~echanic on MaF I~ IPZg ~-~s promoted to Pumping Plant Operator in I~8~ ~ recI~sified~ ~ter ~eatment Plant Su~sor on JuIy ~ Z~g and chose Au~ust ~ 2000 ~ the dam to retire ~om ~e f~c/nath~g and ~pn~ting realm o[Ciwgovernmen~. and ~EREA~ throughout his se~ce ~th the Ci~ Ter~ strove to in,prove his job ~'nowledge and empIo~uent s~'ills by attending coIIege cours~ and earning fib CI~s H Operator's Certificate, and Grade llIandIV Water Treatment Operator Certificates, and was ackno~tcdgcd for his trouble shooting abffities and commitment to safety,, and WHEREAS! Terry ~s ahvai~ there with a wlnnlng smife displa yix~ his miff ion doIIar dentaI ~vor~3 ~vhife overseeing the in[ancy andpuberty o£the new Water Treatment PIant con~missioned in Apri[~ I~. and . fbTtEREAS, he enjoys extensive [i[th wheeling adventures fifth his local square dancing cronies, has been ~'no~ to lose a few o[ those dimpled little white ~dls in the noo&s and crannies otc U&iah ~s bac~' nlne~ dreanz~ otc ~vrappin ' a few lic& 's ~ith his guitar buddies, and takes great pleasure in the glee andsqueals otchis grandchildren. NO,V, THE~EFOI~g,, I, lira Matin, Mayor tithe City o[ U~'iah! on ~ehd[o[my fei/ow Uounci[member4 lVhilh'p Ashiku, Phil Bdd~vin, Kathy Libby, and Roy Smith, aH .City otc U~'iah staff, and the peopIe otcthe City otc U~-iah, do hereby commend you, Terry'Eib, for your exempIary conduct on behaltcotc the citizens of U&iah in your set,ce as a vaIued Cio' otc U&iah employee, hope your '5411emande Lefts" are affrays ~th t[~e correct Ieft, not the other Ief~ and wish you ali the happiness of life ~Wth family and friends. Jim Mastin, Mayor Association, has honored Mendocino County's HazMobile as the Household Hazardous ~Vaste Program of the ~ear~. and Authority in recognition f the HazMobile s success m providing convement service to households and businesses~ and reducing the cost to the public of hazardous waste removaI from appliances~. and VVHEREAS~ the City of U~iah· as a founder and member of the Mendocino Solid Waste Management Authority, has benefited from the HazMobile 's service since it began in 1996~ and currently receives 16 days per year of hazardous waste collection· plus additionaI service by appointment at the UIciah base facility,, and ~VItEREAS, household hazardous waste collection is required by state law to lessen en ~ iron men ta[ con tamina tion and hea[th dangers from improper disposaI or storage of toxic wastes by households and smMl businesses. NOV~, THEREFORE, I, Jim Mastin· Mayor of the City of U~iah, on behaIf of my fellow City Councilmembers Philh'p Ashi~u, Phil Baldwin, Kathy Libby, and Roy Smith do hereby procIaim August 2G26~ 2000 as HAZMOBILE V:EEK and urge aIl resideum and b usin esses to take advantage o f this community collecn'on program at the forthcoming U~iah collection· 1800 )~. State Street, from 9~00 a.m. to 1..00 p.m. on Friday and Saturday, August 25-26. Jim Mash'n· Mayor 5 a-c MEMO TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila ~' ~ SUBJECT: City Council Meeting Minutes' June 28, 2000 July 19, 2000 August 2, 2000 DATE: August 11, 2000 The City Clerk's office has been extremely busy with the demands of the forthcoming election, requests for information, and unanticipated computer problems. Due to these factors, the draft minutes of the June 28, 2000 Budget Session, and the July 19 and August 2, 2000 Regular Meetings will be forwarded for Council's review by the September 6, 2000 Council meeting. Memos: CC081100 ITEM NO.: 7a DATE: AUGUST 16, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JULY 2000 Payments made during the month of July, 2000, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 24896-24971, 25110-25334, 25484-25589 Accounts Payable Manual check numbers: 20574 Payroll check numbers: 24895, 24972-25109, 25339-25483 Void check numbers: 25335-25338 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of July, 2000. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Candace Horsley, City Manager KRS:WORD/AGENDAJUN00 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JULY 2000 Demand Payments approved: Check No. 24896-24971, 25110-25194, 25195-25334, 25484-25589, 20574 FUNDS: 100 General Fund $177,997.98 660 131 Equipment Reserve Fund $1,984.55 661 142 National Science Foundation $310.00 665 143 N.E.H.1. Museum Grant $2,372.00 670 150 Civic Center Fund 675 200 Asset Seizure Fund 678 203 H&S Education 11489(BX2XA1 $745.39 679 205 Sup Law Enforce Srv. Fd (SLESF) 695 206 Community Oriented Policing $246.71 696 207 Local Law Enforce. BIk Grant 697 220 Parking Dist. #10per & Maint $566.12 698 250 Special Revenue Fund $2,717.17 800 260 Downtown Business Improvement $4,339.49 801 300 Gas Tax Fund (2106) 805 301 Gas Tax Fund (2107) 806 332 Federal Emerg. Shelter Grant $6,765.79 820 333 Comm. Development Block Grant $8,102.53 900 334 EDBG 94.333 Revolving Fund 910 410 Conference Center Fund $6,818.26 920 550 Lake Mendocino Bond $1,673.75 940 555 Lake Mendocino Bond Reserve 950 575 Garage $1,583.08 960 600 Airport $51,701.08 962 612 City/District Sewer $39,927.25 965 652 REDIP Sewer Enterprise Fund 966 Sanitary Disposal Site Fund Sanitary Disposal Replace Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 24895, 24972-25109 DIRECT DEPOSIT NUMBERS 8130-8245 PAYROLL PERIOD 6/25/00-7/8/00 PAYROLL CHECK NUMBERS 25339-25483 DIRECT DEPOSIT NUMBERS 8246-8349 PAYROLL PERIOD 7/9/00.7/22/00 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS: 25335-25338 $66,390.28 $824.65 $11,821.49 $15,248.98 $27,384.50 $357.64 $12,087.49 $4,109.77 $751,059.24 $12,240.29 $84,189.50 $20,882.88 $94,797.32 $345,970.24 $137,208.55 $1,785.04 $21,989.51 $39,000.00 $1,955,198.52 $68,735.26 $175,932.60 $245,635.44 $2,445,501.82 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. 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REPORT: Included in the 2000/01 Budget, Account No. 698.3110.800.000, is $14,000 to purchase a new compact pick-up for use in public works operations. This truck will replace a 1990 Isuzu now in service. Specifications were written and Requests for Quotations through the formal bid process were sent to 14 auto and truck dealers. Six bids were received on July 26, 2000. The lowest bid was from Henry Curtis for the sum of $12,822.86 including tax and delivery. RECOMMENDED ACTION: Award the bid for the compact pick-up to Henry Curtis for the sum of $12,822.86. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and refer back to staff. Citizen Advised: N/A Requested by: Jim Looney, Public Works Superintendent Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Tabulation of Bids Ca~'-ac(~ H(~rsl(~y, ~i~y Manager 0 0 0 m 0 t- O 0 ~= '~3 t- O E 0 0 0 7(2 ITEM NO. DATE: AUGUST 19, 2000 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM RYAN AND MICHELLE HOBBS, AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Ryan and Michelle Hobbs was received by the City of Ukiah on July 26, 2000 and alleges damages related to an unguarded pole wire on July 8, 2000 at 1090 South State Street. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim for Damages received from Ryan and Michelle Hobbs, and Refer It to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments: Yes Claimants Michael F. Harris, Risk Manager/Budget Officer ~~~r)~¢.~ Candace Horsley, City Manager 1. Claim of Ryan and Michelle Hobbs, pages 1-4. APPROVED: mfh:asrcc00 0819CLAIM Candace Horsley, City Manager NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as presc~fbedby Parts 3 and 4 of Division 3.6, of State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CITY OF UKIAH Attn' City Clerk 300 Seminary Avenue Ukiah, California 95482 lm . CLAIMANT'S ADDRESS: ~l~ ~, ?~~. ~-~,~! Number/Street and/or Post Office Box CITY OF UKIAH CITY CLERK'S DEPARTMENT . ~te City ~_~State Home Phone Number Zip Code Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box ( ) Telephone . . o City State Zip Code DATE OF THE ACCIDENT OR OCCURRENCE: --~ /~_ PLACE OF ACCIDENT OR OCCURRENCE: t_~J'~.~ ~'~~~ ioqo $, ~-tc~'t~ ,~¥. J GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): 7. NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: WITNESS(ES), if known (optional): Name b. Address q~ ~. ~1~¢e. ~, . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address a. Telephone b. 10..GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGA T/ON, INJURY, DAMAGE OR LOSS so far as ff ma~ be known, at the, time of_presentation, of t, he c~im: J 1!1. STATE THE AMOUNT CLAIMED ff it totals less than ten thousand do/lam (510,000) as of the date of ..... presentation of the c/aim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the c/aim, together with the basis of computation of the amount c/aimed (for computation use #12 be/ow). However, if the amount c/aimed exceeds ten thousand dollars (510,000), no dollar amount shall be included in the c/aim. However, it shall indicate whether the c/aim would be a limited civil case (CCP § 85)." Amount Claimed $ or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: S~~cial damacles for:. Genera/damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: This c/aim must be signed by the claimant or by some person on his/her behalf. A c/aim relating to a cause of action for death or for injury to the person or to persona/property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichev~er i? Ior2ger. C/aims relating to any other causes of action shaft be presented not later than one (1) y~a~2 after ~ru~l p/t~e cause of action. ~/~..~, SIGN~4TU/~E OF CLAIMANT(S) Received in the Office of the City Clerk this day of NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 ESTIMATE DATE: 07/24/2000 AUTOWORKS OF UKIAH AUTO BODY & PAINTING Shop Registration #:AB158693 P.O. BOX 198 REDWOOD VALLEY, CA 95470 PH (707) 485-5869 FAX (707) 462-9639 HOBBS REPORT#: 30 OWNER:RYAN HOBBS HOME PH#: (707) 485-1849- ADDRESS:9155 N. STATE #1, REDWOOD VALLEY, CA 95470 WORK PH#: (707) YEAR: 1988 MAKE: Mazda MODEL:RX7 STYLE: CONVERT. COLOR: BLACK PROD DATE: 04/88 VIN: JM1FC3515JO104800 LICENSE: 3ADT970 MILES IN:168667 INS CO: ADJUSTER: ACT SIDE DESCRIPTION PHONE#: (707) CLAIM#: PART NUMBER ESTIMATOR:KEN SMITH DEDUCTIBLE:$ 0.00 PRICE BLBR PLBR MD MISC REPL L FENDER, REPLACE +EDGES REPL L FRONT BODY SIDE MLDG TINT COLOR *WASTE DISPOSAL *COVER CAR FOR PAINT FB0152211B FB0150920 297.75 3.0 2.4M 0.5 48.55 0.5 0.5 D 5.00* 5.00 0.3 * SUB TOTALS -> 351.30 4.3 2.9 5.00 HRS RATE BODY LABOR PAINT LABOR FRAME LABOR MECH LABOR PARTS LKQ PARTS PNT SUPPLIES MISC SUBTOTAL TAX ON 4.3 x 50.00/hr 2.9 x 50.00/hr 0.0 x 50.00/hr 0.0 x 50.00/hr 2.9 at 25.00/hr $ 423.80 at 7.250 215.00 145.00 0.00 0.00 351.30 0.00 72.50 5.00 788.80 30.73 GRA/CD TOTAL $ 819.53 ACT: REPR=Fix, REPL=Replace, BLND=Blend PLBR (Overlap Deduct): M=Major, A=Adjacent, N=Non-Adjacent BLBR (Overhaul Information) : V=Overhaul, I=Included MD (Misc Desc) : F=Frame, M=Mech, B=Btrmnt, S=Sublet, D=Non-Taxed, T=Taxed Estimate written on EASY WRITE ESTIMATING SYSTEM(C), prices based on MOTOR CR * Indicates Estimator's Judgement Page# 1 ESTIMATE DATE: 07/24/2000 AUTOWORKS OF UKIAH AUTO BODY & PAINTING Shop Registration #:AB158693 P.O. BOX 198 REDWOOD VALLEY, CA 95470 PH (707)485-5869 FAX (707)462-9639 HOBBS REPORT#: 30 OWNER: RYAN HOBBS HOME PH#: ( 707 ) 485 - 1849 - ADDRESS:9155 N. STATE #1, REDWOOD VALLEY, CA 95470 WORK PH#: (707) YEAR: 1988 MAKE: Mazda MODEL:RX7 STYLE: CONVERT. COLOR: BLACK PROD DATE: 04/88 VIN: JM1FC3515JO104800 LICENSE: 3ADT970 MILES IN:168667 INS CO: ADJUSTER: ACT SIDE DESCRIPTION PHONE#: (707) CLAIM#: PART NUMBER ESTIMATOR:KEN SMITH DEDUCTIBLE:$ 0.00 PRICE BLBR PLBR MD MISC REPL L FENDER, REPLACE +EDGES REPL L FRONT BODY SIDE MLDG TINT COLOR *WASTE DISPOSAL *COVER CAR FOR PAINT FB0152211B FB0150920 297.75 3.0 2.4M 0.5 48.55 0.5 0.5 5.00 0.3 D 5.00* SUB TOTALS -> 351.30 4.3 2.9 5.00 HRS RATE BODY LABOR PAINT LABOR FRAME LABOR MECH LABOR PARTS LKQ PARTS PNT SUPPLIES MISC SUBTOTAL TAX ON 4.3 x 50.00/hr 2.9 x 50.00/hr 0.0 x 50.00/hr 0.0 x 50.00/hr 2.9 at 25.00/hr $ 423.80 at 7.250 215.00 145.00 0.00 0.00 351.30 0.00 72.50 5.00 788.80 30.73 GRAN~ TOTAL $ 819.53 ACT: REPR=Fix, REPL=Replace, BLND=Blend PLBR (Overlap Deduct): M=Major, A=Adjacent, N=Non-Adjacent BLBR (Overhaul Information): V=Overhaul, I=Included MD (Misc Desc) : F=Frame, M=Mech, B=Btrmnt, S=Sublet, D=Non-Taxed, T=Taxed Estimate written on EASY WRITE ESTIMATING SYSTEM(C), prices based on MOTOR CR * Indicates Estimator's Judgement Page# 1 AGENDA SUMMARY ITEM NO. 7d DATE: Auo 16. 2000 REPORT SUBJECT: AWARD OF BID FOR SODIUM HYDROXIDE PRODUCTS TO SIERRA CHEMICAL CO. IN THE AMOUNT OF $271.08 PER DRY TON REPORT: Each year it is necessary to purchase approximately 84 tons of sodium hydroxide for use at'the water and wastewater treatment plants. Sodium hydroxide is used to raise the pH of the water and for corrosion control. Total quantities are an estimate of annual usage. Orders are placed on an as needed basis by plant personnel. Requests for Quotations through the formal bid process were sent to 1 I chemical suppliers. Five bids were returned and opened by the City Clerk on August 4, 2000. The Iow bidder is Sierra Chemical Co. with a bid of $271.08 per dry ton totaling $22,770.72 for the estimated 84 tons. $60,000 was budgeted in the Water Fund 820.3908.520.000 and $122,000 was budgeted in the Sewer Fund 612.3580.520.000 for the purchase of chemicals. There are no local suppliers of this type of chemical. RECOMMENDED ACTION: It is recommended that the City Council award the bid for Sodium Hydroxide to Sierra Chemical Co. for the amount of $271.08 per dry ton. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Take no action. 2. Postpone award of bid. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: 1. Tabulation of bids Candace H~rsl-~y~'CIg Manager 0 0 0 0 0 0 E m E '- - E '-- 0 ~ o ~ AGENDA SUMMARY ITEM NO. DATE: REPORT '7e August ~$. 2000 SUBJECT: REQUEST FOR APPROVAL OF ASSOCIATE PLANNER II AND ELECTRICAL DISTRIBUTION ASSOCIATE POSITIONS AND SALARY CLASSIFICATIONS Associate Planner II Upon the recent appointment of new Planning Director, Charley Stump, the staffing within the department has been reviewed and evaluated based upon work volume and operational needs. Based upon this evaluation, and after having worked as Senior Planner in the department for the past six years, the Planning Director recommends hiring an additional Associate Planner for current and long-range planning projects, rather than filling the now vacant Senior Planner position. The addition of an Associate Planner position would enable the department to manage the project volume as it currently exists and would provide the opportunity for both Planners to assist contractors and citizens on a rotating basis, thus allowing for uninterrupted time for report preparation, research, and long-term planning projects. Planning Director Stump has discussed this proposed position with his staff. It is Staff's recommendation that an Associate Planner II position be created as the "journey level" Associate Planner position, along with the existing Associate Planner I position. The level II position would require more experience in current and long-range planning and would represent the Planning Department at committee meetings in the absence of the Planning Director, working more independently and at a higher level of responsibility than the Associate Planner I position. Attached for your review are the proposed Associate Planner I and II job descriptions. It is proposed that the Associate Planner II would be classified at a 5% higher salary classification due to the difference in duties and level of responsibility. (Continued on Page Two) RECOMMENDED ACTION: 1. Approve "Associate Planner I1" job description and salary classification. 2. Approve "Electrical Distribution Associate" job description and salary classification. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not approve Associate Planner II and Electrical Distribution Associate job descriptions and salary classifications. 2. Refer to Staff for additional information. Requested by: Prepared by: Coordinated with: Attachments: Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Associate Planner I & II Job Descriptions 2. Proposed Management Unit Salary Classification 3. Electrical Distribution Associate Job Description 4. Prop~e.~ Electric Unit Salary Classification APPROVED Candace Horsley, City~,lanager 3:~oer~asr2(X~.pos Page Two The Council approved two Associate Planner positions in the FY 2000-2001 budget. A Management Unit salary schedule indicating the current Associate Planner I and proposed Associate Planner II salary classifications if approved at 5% higher salary classification, is attached for your review. Electrical Distribution Associate Upon resignation of a former Electric Utility staff member in 1996, the position of "Electrical Distribution Engineer" was eliminated. Since that time, the current Electrical Technician II position has increasingly absorbed a portion of the duties and responsibilities formerly performed by the Electrical Distribution Engineer, in addition to the regular duties of the Electrical Technician II position. Due to the increased level of engineering design, continuous project management, and the addition of supervisory responsibilities, both of which were previously performed by the Electrical Distribution Engineer, it is recommended that a new position be created at a salary level more commensurate with the duties and responsiblities being performed. The former position that was eliminated was an engineering level position and, as such, required an Engineering degree. Engineering for the electrical distribution system is currently performed by the Director of Public Utilities. Based upon research of the duties and responsibilities of the former Electrical Distribution Engineer classification and the duties currently being performed, Staff recommends the creation of an "Electrical Distribution Associate" classification and a new salary range at 6% above the current Electric Technician II position in the Electric Unit's salary schedule (see attached). Due to the time required for research and evaluation of this reclassification request it was not prepared in time for presentation at the budget hearings. If approved, this new position classification would result in an increase in base salary of approximately $2,900.00 above what was approved in the budget and would require the necessary budget amendment for this salary adjustment and the corresponding benefit increases. Staff requests City Council approval of the proposed job description and salary classification for the Associate Planner II position in lieu of replacing the Senior Planner, and approval for a new "Electrical Distribution Associate" position with the associated job description and salary classification. VACANCY RECRUITMENT ASSOCIATE PLANNER I DEFINITION Under general direction of the Director of Planning, the Associate Planner I performs both current and long-range planning duties, including project review and zoning administration, as well as General Plan implementation; assists the public in matters pertaining to planning in the City of Ukiah; and performs related work as assigned. EXAMPLES OF DUTIES These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to or all-encompassing of the duties to be performed under this job title. (E) Essential Duty; (M) Major Portion of Time - Respond to public inquiries received by telephone or personal contact in matters pertaining to planning, zoning, and related policies. (E) - Interpret and apply the City zoning ordinances in reviewing and analyzing development proposals and in replying to public inquiries. (E) - Assist the City's Code Enforcement Officer in interpreting the Zoning Code and recognizing and resolving Code violations in the field. - Process current planning applications, and evaluate plans and projects for code compliance and design considerations. (E) - Prepare planning reports and develop agenda material for Planning Commission meetings. (E) - Conduct Initial Studies and prepare basic environmental documents (Exemptions, Negative Declarations, etc.) pursuant to the California Environmental Quality Act (CEQA). (E) - Conduct land use studies and compile data and information pertaining to planning as needed. - Collect and record land use data, and prepare base maps, zoning maps, charts, and graphs. - Develop and implement systems and procedures to ensure the proper processing of permit applications and the issuance of use permits, variances, zone changes, and architectural reviews. - Perform field work and site visits (occasionally in extreme weather conditions) to fully comprehend, analyze, and document development proposals. (E) - Make oral presentations to the Planning Commission on a routine basis regarding planning matters and projects, and occasionally address planning issues or projects at City Council meetings. (E) - Represent the City and its planning policies in the community as required, and prepare reports and correspondence regarding planning matters. - Coordinate with other City departments and other governmental agencies on planning issues and projects. (M) - Other duties as assigned. QUALIFICATIONS Knowled._cle of: - Principles and practices of municipal planning, including building and site design. - Applicable Federal, State, and local planning laws and regulations, including CEQA. - Functions of other governmental agencies involved in the planning process. - Modern office practices, procedures, equipment (computers), and techniques. Ability to: - Communicate cleady and concisely. - Compose planning reports, technical studies, and other planning-related documents with little supervision and editing input from supervisor(s). - Interpret technical and legal documents related to planning. - Operate word processing and graphic computer programs. - Establish and maintain cooperative and productive working relationships with the public and staff. Experience: - Three years professional planning experience for a local agency. Planner is highly desirable. Experience as both a current and long-range Education: - Experience and education equivalent to a Bachelor's Degree, with major course work in Planning, Public Administration, or a closely related field. - Graduate degree may substitute for one year of experience. Necessary Special Requirement: - Possession of a Class C California Driver's license. Probationary Period: Employees serve a six-month probationary period. If performance is not satisfactory, an employee may be terminated without cause and recourse during this time. APPLICATIONS Applications must be filled out completely and received by the Personnel Department by 5:00 p.m. on the final filing date. Resumes are encouraged, but cannot be accepted in lieu of an official application unless specified. All statements made on the applications are subject to investigation and verification. False statements will be cause for disqualification, removal from the Eligibility List, or discharge from employment. SELECTION PROCESS Applications will be reviewed by a screening committee and those applicants who appear to be among the best qualified will be selected for the examination process. This process may include a variety of techniques designed to test applicant's knowledge, skills and abilities to perform the duties and responsibilities of the job. An Eligibility List will be established by ranking candidates by their overall score and a selection will be made from the candidates on this list. All employment offers are subject to a City paid physical and reference and background checks. SALARY Total annual compensation package up to $52,599, including 13 days management incentive pay and flex plan dollars. $3,027 - $3,680 per month, plus medical, dental, vision, life insurance coverage, and paid holidays, vacation, and sick leave. The City is a member of the Public Employees Retirement System (PERS). The employee's share of the PERS contribution is fully paid by the City and the City has a 2% at 55 retirement plan. Credit Union membership and deferred compensation programs are also available. FILING DATE Submit a completed City of Ukiah application form to the Personnel Office, 300 Seminary Avenue, no later than 5:00 p.m. on Friday, July 28, 2000. Applications received after the deadline or incomplete applications will not be considered. NOTE TO APPLICANTS: You will be required to submit verification of your citizenship or legal right to work in the United States at the time of an offer of employment. Employment will be subject to verification of this requirement. The provisions of this bulletin do not constitute an expressed or implied contract. Any provision contained in the bulletin may be modified or revoked. The City of Ukiah is an Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, sexual orientation, age, disability or marital status. In accordance with the Americans with Disabilities Act (ADA), if special accommodations are necessary at any stage of the testing process, please notify the Personnel Department in advance at (707) 463-6244 so your request may be reviewed prior to the occurrence of testing. 3:PER,ASSOCIATE DRAFT VACANCY RECRUITMENT ASSOCIATE PLANNER II DEFINITION Under general direction of the Director of Planning, the Associate Planner II performs both current and long-range planning duties, including project review and zoning administration, as well as General Plan implementation; assists the public in matters pertaining to planning in the City of Ukiah; and performs related work as assigned. EXAMPLES OF DUTIES These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to or all-encompassing of the duties to be performed under this job title. (E) Essential Duty; (M) Major Portion of Time - Respond to public inquiries received by telephone or personal contact in matters pertaining to planning, zoning, and related policies. (E) - Interpret and apply the City zoning ordinances in reviewing and analyzing development proposals and in replying to public inquiries. (E) - Assist the City's Code Enforcement Officer in interpreting the Zoning Code and recognizing and resolving Code violations in the field. - Process current planning applications, and evaluate plans and projects for code compliance and design considerations. (E) - Prepare planning reports and develop agenda material for Planning Commission meetings. (E) - Conduct Initial Studies and prepare basic environmental documents (Exemptions, Negative Declarations, etc.) pursuant to the California Environmental Quality Act (CEQA). (E) - Conduct land use studies and compile data and information pertaining to planning as needed. - Collect and record land use data, and prepare base maps, zoning maps, charts, and graphs. - Develop and implement systems and procedures to ensure the proper processing of permit applications and the issuance of use permits, variances, zone changes, and architectural reviews. - Perform field work and site visits (occasionally in extreme weather conditions) to fully comprehend, analyze, and document development proposals. (E) - Make oral presentations to the Planning Commission on a routine basis regarding planning matters and projects, and occasionally address planning issues or projects at City Council meetings. (E) - Represent the City and its planning policies in the community as required, and prepare reports and correspondence regarding planning matters. - Assist in supervision of subordinate planning and clerical personnel. (E) - Act as Chairman of the Project Review Committee in the absence of the Planning Director. (E) - Represent the Planning Department on various committees. (E) - Coordinate with other City departments and other governmental agencies on planning issues and projects. (M) - Other duties as assigned. QUALIFICATIONS Knowledge of: - Principles and practices of municipal planning, including building and site design. - Applicable Federal, State, and local planning laws and regulations, including CEQA. - Functions of other governmental agencies involved in the planning process. - Modern office practices, procedures, equipment (computers), and techniques. Ability to: - Communicate clearly and concisely. - Compose planning reports, technical studies, and other planning-related documents with little supervision and editing input from supervisor(s). - Interpret technical and legal documents related to planning. - Operate word processing and graphic computer programs. - Establish and maintain cooperative and productive working relationships with the public and staff. Experience: - Four years professional planning experience for a local agency. Planner is highly desirable. Experience as both a current and long-range Education: - Experience and education equivalent to a Bachelor's Degree, with major course work in Planning, Public Administration, or a closely related field. - Graduate degree may substitute for one year of experience. Necessary Special Requirement: - Possession of a Class C California Driver's license. 3:RECRUIT~SSOC-ii MANAGEMENT UNIT 3.0% Increase SALARY SCHEDULE IMPLEMENTED ON 10/3/99 II'angelP°siti°n I ^ I I c I D I E I · MONTHLY SCHEDULE 580 4,281.29 4,495.35 4,720.12 4,956.13 5,203.94 590 Police Captain 4,260.77 4,473.81 4,697.50 4,932.38 5,179.00 595 Fire Deputy Chief 597 Deputy Public Works Director 4,063.13 4,266.29 4,479.60 4,703.58 4,938.76 600 3,877.35 4,071.22 4,274.78 4,488.52 4,712.95 .. 620 Electrical Supervisor 3,783.32 3,972.49 4,171.11 4,379.67 4,598.65 630 Public Works Superintendent 3,626.58 3,807.91 3,998.31 4,198.23 4,408.14 635 WatedSewer Superintendent 640 Senior Planner 650 Treatment Plant Supervisor 3,611.68 3,792.26 3,981.87 4,180.96 4,390.01 654 Fire Battalion Chief 3,365.03 3,533.28 3,709.94 3,895.44 4,090.21 655 3,362.57 3,530.70 3,707.24 3,892.60 4,087.23 660 Airport Manager 3,293.84 3,458.53 3,631.46 3,813.03 4,003.68 665 670 Executive Assistant . .675 680 691 Personnel Officer 3,132.29 3,288.90 3,453.35 3,626.02 3,807.32 700 Purchasing Supervisor 3,090.07 3,244.57 3,406.80 3,577.14 3,756.00 701 710 iAccounting Supervisor 3,027.40 3,178.77 3,337.71 3,504.60 3,679.83 72O 725 Conference Center/Plaza Manager 730 Cultural Arts/Museum Director 735 Associate Planner 740 Payroll Officer 2,873.07 3,016.72 3,167.56 3,325.94 3,492.24 741 Building Inspector 745 MIS Coordinator 2,714.05 2,849.75 2,992.24 3,141.85 3,298.94 746 Community Services Supervisor 747 Customer Service Supervisor 748 Administrative Analyst 750 Golf Supervisor 2,606.61 2,736.94 2,873.79 3,017.48 3,168.35 751 Parks Supervisor 770 2,472.78 2,596.42 2,726.24 2,862.55 3,005.68 775 2,435.85 2,557.64 2,685.52 2,819.80 2,960.79 780 2,355.86 2,473.65 2,597.33 2,727.20 2,863.56 785 2,272.16 2,385.77 2,505.06 2,630.31 2,761.83 790 2,193.08 2,302.73 2,417.87 2,538.76 2,665.70 103.00% 105.00% 105.00% 105.00% 105.00% (1) = WatedSewer Certificate Pay Salary Schedules Printed 10/8/99 Management 10-99 JOB DESCRIPTION ELECTRICAL DISTRIBUTION ASSOCIATE ...: DEFINITION Under general direction of the Director of Public Utilities, plan, dire~:~pervise~:a~i ~rdinate the planning, design, construclion, operations and maintenance of an electrical di~b~On sys't~mi~Pe~brm field inspections:, plan checking, and customer service; provides responsible a~::itechnical staff~a~;and to perform i::-:- -- . -ii::F::-': ::::::::-- . - related work as assigned. . :...:.:..: :...:. :: .... ...... :: . :: -:: .... EXAMPLES OF DUTIES ":::': ..... ' ............... These examples are intended only as illustrations of the various ~i~fWOrk performed in positions allocated to this class. The examples of work performed are neither restricteCl!~=iOtia!i!~:encompassing of the duties to be performed under this job title. (E) Essential Duty; (M) Major Po~i~hiiOf?ime ':!:i:.-::-!:--!-!:!!i::: --:: ....... :: :- . - Plan, design, coordinate and supervise engineering projects in cOnbe~hi~with the City's electrical distribution system. (E-M) ::u~u~::': -~:.:.i~:u.' :.::.~.: - Prepares plans, specifications, and cost estimat~!ifO~;i:~Sta.llation, m~i~tenance and repair of City's electrical distribution system. (E-M) . ========================= - Assists in the development of goals, objectives:;'policies!ia:nd::pri~e$~:..::~!F - Determine properwire sizes and metedng::~uipmenti::(E) - Perform plan checks and design revieW;fOr adherence ........ to codes:and acceptable electrical engineering standards and make appropriate recOmmendationS'for improvement. (E-M) - Determine transformer sizes and c~mbinations.fO~:given loads:on.., the distribution system. (E) - Inspect the installation of electrica:!iequipment::and related.facilities. (E-M) ..... - Prepare studies, reports and:!:ecOmmendatio~.ii(E):~:~ ..... ::ii - Advise developers and co.n~a~o~ ......... regardinglte~h~iCa!irequirements. (E-M) - Respond;;t0:: emergencYlC0r~iti0ns and aSSist::iin!::reStodng the electrical distribution system to normal - Respond:to:~zen~Complaintsand:qU~ons. (E) Coordinate 'ele~i~a!i~:.distributi0n::!S~tem;~::traffic signal, and street lighting activities with other City departments a~d!di~0~.and with'0U~de agencies. (E) - Supervise,.tra~:and ~l~Meiassignedi§taff. - Other duties as assign~i! u'ii~.ii:i~u:. ..::--:: :..:.:::::-: . .:::: : .... ::::. QUALIFICATIONS .. : ..... .:. ... Knowledge of: :... - . ~ciples and practice~ Of electrical engineering as applied to the design and construction of an electrical :.:.po~r transmissionand distribution system. ~ :~ Methods ................ and materials used in the construction, operation, and maintenance of an electrical distribution - Eu~arnentals:Of electrical engineering. - Safety:-pfaCtices and regulations. - Mathematics including algebra, geometry, and trigonometry. - Methods and tools of drafting. - Computer applications, including Computer Aided Drafting and Design (Autocad, Genericad). - Principles and practices of organization and personnel management. - Municipal operations as they relate to other City departments and divisions. - Pertinent State, Federal and local rules, regulations and ordinances. Ability to: - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Communicate clearly and concisely, orally and in writing. - Perform technical electrical engineering work of a complex nature. - Review plans and documents for conformance to regulations. - Gather data and make accurate engineering computations. - Prepare plans and specifications, neatly and accurately. - Establish and maintain cooperative relationships with those contacted in the course of work. - Lift and carry twenty-five (25) pounds on occasion. - Tolerate changes in outside temperature from winter to summer and tolerate dust, pollen, wind and rain. - Sit or stand for long pedods of time. - Walk on uneven or steep ground. - Supervise, train and evaluate assigned staff. ~. '.. Experience: :u~ .==::: :ii::i::-:. "" Five years of increasingly responsible experience in the construction, oper. a~,iiia~"maintenance of an .... '=':iii:::-:: :::...i:i:- electrical distribution system. Supervisory experience desired. .::::: ...... -.. Education: :.::;-- Education and experience equivalent to an Associate's Degree; from an accredited e~l:lege.!or univem~ in electrical engineering. Additional qualihting experience may ~i=Substituted' for . ..... :::::::.:.: . ...... Necessary Special Requirement: ::.i;::.i:.i;i::u::~.:I ::: Possession of a Class C California Driver's License. ..:u: =.==...:~: .::~ .... ....... i-:-:.::::i.:i.:::ii-... Residency Requirement: ..... "':::F:iiii:::: .:.-. - All members of the Electric Unit shall be expected, within:~i=:months of h=i~e~;it~i~O~blish residence allowing response to the Electric Shop within 25 minutes of notifl~ati~nlto:!report. -=.::.;;;:!~u:~ ~- .-::=..::.:--F .... . ..:.iiZii::.::-- ' ..... .... :.:::----:-....:::.:::: ...: ... 3:~recruit~elecdist : :-: '::.::.::.~: :::::::::::::::::::u .... Rev. 06/00 ~:: ..~. :.:. :::..u:' ::: .... ---:{Fu ;::.: ..::... :::- ... ::..: . .: ::-::-:::- .... .... .::-: ... . .... .::::::- ... ... ::: ...... ..:..- ::::::::---:::: ......--- :::..:::::: ..... -!!!!!!:!: f:.::::!!!!:i:... =:.. :::.:iii::-ii::::..i. .... :!::::...:..::.: ........ !!!!!::..:::.:.. .:::::...:: .......... u:::: ................. ::::":::::iiiii:. '::iiii ":::iii:: .: ::.: .... : .:::.i::: --:-:-:: :x--: ......... ...... '::i:'i:-:-:: "::.11 .....:::-:-- ... .. i:iiiii-!--iiiii:i:ii:!... :::!:!: .... .... :i ...... :..:...:i::i-.!!:!i::i::i ::::: :i.:-!!!::!.-:--- . . ===================== . : ... i'::ii:i::: . . .: . . . . .=.- ..:- :: .... - . .... :::.. :. . ..... ! --:::::- :...-::... .. CITY OF UKIAH ELECTRIC UNIT SALARY SCHEDULE ELECTRIC UNIT 4.0% Increase SALARY SCHEDULE AS OF '1013199 Range Position I (,6mo) I B C D PER MONTH 182 *83 *84 85 *86 Groundman/woman 2,249.27 2,361.73 2,479.82 2,603.81 2,734.00 Metering Services Attendant 2,361.75 2,479.84 2,603.83 2,734.02 2,870.72 Electrical Engineering Technician I Apprentice Line Attendant 2,584.02 2,713.22 2,848.88 2,991.32 3,140.89 Lineman/woman 3,100.64 3,255.67 3,418.45 3,589.37 3,768.84 3,257.53 3,420.41 3,591.43 3,771.00 3,959.55 Electrical Engineering Technician II 3,338.97 3,505.92 3,681.22 3,865.28 4,058.54 ElectricaISub-supervisor ' 3,422.45 3,593.57 3,773.25 3,961.91 4,160.01 BI-WEEKLY (Monthly times 12 divided by 26) 80 Groundman/woman 1,038.12 1,090.03 1,144.53 1,201.76 1,261.85 81 Metering Services Attendant 1,090.04 1,144.54 1,201.77 1,261.86 1,324.95 82 Electrical Engineering Technician I 182 Apprentice Line Attendant 1,192.62 1,252.26 1,314.87 1,380.61 1,449.64 *83 Lineman/woman 1,431.06 1,502.62 1,577.75 1,656.63 1,739.46 *84 1,503.48 1,578.65 1,657.58 1,740.46 1,827.48 85 Electrical Engineering Technician II 1,541.06 1,618.12 1,699.02 1,783.98 1,873.17 *86 Electrical Sub-supervisor 1,579.59 1,658.57 1,741.50 1,828.57 1,920.00 PER YEAR (Monthly times 12) 8~) Groundman/woman 26,991.24 28,340.76 29,757.84 31,245.72 32,808.00 81 Metering Services Attendant 28,341.00 29,758.08 31,245.96 32,808.24 34,448.64 82 Electrical Engineering Technician I 182 Apprentice Line Attendant 31,008.24 32,558.64 34,186.56 35,895.84 37,690.68 *83 Lineman/woman 37,207.68 39,068.04 41,021.40 43,072.44 45,226.08 *84 39,090.36 41,044.92 43,097.16 45,252.00 47,514.60 85 Electrical Engineering Technician ll 40,067.64 42,071.04 44,174.64 46,383.36 48,702.48 *86 Electrical Sub-supervisor 41,069.40 43,122.84 45,279.00 47,542.92 49,920.12 PER HOUR (Monthly times 12 divided by 2,080) 80 Groundman/woman 12.9766 13.6254 14.3067 15.0220 · 15.7731 81 Metering Services Attendant 13.6255 14.3068 15.0221 15.7732 16.5618 82 Electrical Engineering Technician I 182 Apprentice Line Attendant 14.9078 15.6532 16.4358 17.2576 18.1205 *83 Lineman/woman 17.8883 18.7827 19.7218 20.7079 21.7433 *84 18.7934 19.7331 20.7198 21.7558 22.8436 85 Electrical Engineering Technician II 19.2633 20.2265 21.2378 22.2997 23.4147 *86 Electrical Sub-supervisor 19.7449 20.7321 21.7688 22.8572 24.0001 Salary Schedules Printed 10/8/99 Electric 10-99 ITEM NO. 7f DATE: Auqust 16, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PUBLISHING SERVICES BY UKIAH DAlI..Y JOURNAl.. FOR FISCAL YEAR 200012001, IN THE AMOUNT OF .~4.21 PER COLUMN INCH FOR THE FIRST DAY AND $2.94 FOR ADDITIONAL DAYS FOR THE PERIOD OF JULY 1, 2000 THROUGH DECEMBER 31, 2000, AND .$4.42 PER COLUMN INCH FOR THE FIRST DAY AND $3.08 FOR ADDITIONAL DAYS FOR THE PERIOD OF JANUARY 1, 2001 THROUGH JUNE 30, 2001. As the Ukiah Daily Joumal is the only newspaper that qualifies for the designation as "a newspaper having general circulation" in Ukiah, a formal process requesting bids for legal publishing services was not used. The City Clerk requested the Ukiah Daily Joumal (Journal) submit a letter to formalize the 2000/2001 fiscal year contract. Staff met with Mr. Dean Abbott, Advertising Director of the Ukiah Daily Journal on August 2, 2000, and the attached letter outlining its proposal was received. As noted in Mr. Abbot's letter, due to clerical error, rates established and agreed to in a letter dated August 20, 1999 for a contract period of October 1, 1999 to September 30, 2000, were not implemented by the Journal. The City Council approved the 1999 contract at its meeting of September 1, 1999 at the rate of $4.21 per column inch for the first day, and a rate of $2.94 per column inch for additional days. Therefore, Mr. Abbot is proposing a new contract for the period July 1,2000 to June 30, 2001, use the 1999 rate that never was implemented of $4.21 per column inch for the first day, $2.94 per column inch for additional days, through December 31, 2000. The new (Continued to Pa_9.~_~- RECOMMENDED ACTION: Approve the legal publishing services by Ukiah Daily Joumal for fiscal year 2000/2001, in the amount of $4.21 per column inch for the first day and .~2.94 per column inch for additional days for the period July 1, 2000 through December 31, 2000, and at the rate of $4.42 per column inch for the first day and $3.08 per column inch for additional days for the period of January 1 2001 through June 30, 2001. ' ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Marie Ulvila, City Clerk Candace Horsley, City Manager and Karen Yoast, Executive Assistant 1. Proposal letter from Ukiah Daily Journal dated August 2, 2000 2. Ukiah Daily Journal letter dated August 20, 1999 APPROVED~'~~. ~ Candace Horsley~ Manager Page 2 of 2 August 16, 2000 Item 7f 2000-2001 rate of $4.42 per column inch for the first day, and $3.08 per column inch for additional days, would be applicable from January 1,2001 through June 30, 2001. The current policy of City staff is to provide notices via E-mail or on a floppy disk. Previously, the City was required to provide "camera-ready" notices to the Journal. Additionally, staff has made an effort to publish lengthy Ordinances in summary form that has helped to reduce publishing costs. Staff recommends approval of the new agreement for legal publishing. ASR: PUBCONT2000 August 2, 2000 Ms. Marie Ulvila City Clerk City of Ukiah 300 Seminary Avenue Ukiah, California 95482 AUG - 2 2000 CITY OF CITY CLERK'S DEPARTMENT Dear Ms. Ulvila, Pursuant to our telephone conversation Monday, the following details our most recent circulation information as well as the rate structure we plan to implement retroactively to July 1, 2000. Please note, through a clerical error, rates established and agreed to in a letter dated August 20, 1999 for a contract pedod of October 1, 1999 to September 30, 2000, were not activated by the Daily Journal. Rather than re-bill the City at the correct, higher rate, we propose to enter a new contract dated July 1, 2000 to June 30, 2001, using the correct 1999 rate through December 31, 2000, and the new 2000-2001 rate until June 30, 2001, when a new contract will need to be negotiated. Required information: 1. Total average paid circulation (ABC Publisher's Statement 3/31/00): 7,480 Daily 7,723 Sunday 2. Paid circulation within the 95482 zip code: 4,920 Daily 5,031 Su. nday Days of Publication: Moming- Sunday, Evenings- Monday to Friday Type and size print and format size used for legal publication: 8 pt. Helvetica, 7.6 pica wide columns, 6 point gutter between columns. Cost of publication: a. First run - $4.42 per column inch ($4.21 until 12/31/00) b. Additional runs- $3.08 per column inch ($2.94 until 12/31/00) Errors and omissions: The Daily Journal is liable only for the cost of the space containing an error and is not responsible for costs associated with omissions. Legal ads received and published after established deadlines will not be eligible for credit or a rerun in case of an error. Copy Acceptance: Copy for legal ads will be accepted from printed copy, via email (as a text attachment only), on 3.5" floppy disk (in text format only), and via fax. Proofs will be made available for copy received before deadline, upon request. Deadlines: Please see attachment. Requests for ads to be run after published deadline will be considered as space and time allows, with no guarantee of publication. Cancellations: Ads canceled after published deadlines, may incur a 25% cancellation penalty. . . . . . We appreciate your patience and understanding during our conversion from "camera-ready" production methods to the pagination system. We will continue to make changes in the publication process that will allow the placement and publication of these important legal ads with a minimum of effort. If you have any questions or comments, please feel free to call me at 468-3510. Sincerely, Dean Abbott Advertising Director Enclosures Ukiah Daily v ~,,~,,--~.- ..,m._ ~..~..,m_ 590 South School Street · Post Office Box 749 · Ukiah, California 95482-0749 August 20, 1999 Marie Ulvila City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 AUG 2 3 1999 CITY OF UKIAH CITY CLERK'S DEPARTMENT Re: Legal rate contract Dear Ms. Ulvila, As per your recent request, following is the information previously required to determine the con- tractor for legal notices placed by the City of Ukiah: 1) Total average paid circulation (ABC Publisher's Statement 3/31 ~99): 7,425 Daily; 7557 Sunday 2) Paid circulation within the 95482 Zip code: 5,006 Daily; 5,022 Sunday 3) Days of Publication: Monday through Friday, PM' Sunday AM 4) Type and size print and format size used for legal publication: 8 pt. Helvetica, 7 pica 6 points wide column, 6 point gutter between columns 5) Cost of publication per column inch: a. First day - $4.21 per column inch b. Additional days - $2.94 per column inch 6) A 5% discount will be given for providing camera-ready material by deadline day and time. 7) Pdnt size and format for camera-ready material are as follows: 7 pt. Helvetica, 7 pica 6 points wide columns, .6 point gutter between columns. 8) Errors and omissions: The Journal will only be responsible for the cost of the space contain- lng the error, in the instance that the notice was not provided camera-ready, and.will run a cor- rection at no charge in the next available issue after being notified of the error. 9)These rates will be in effect from October 1, 1999 to September 30, 2000. If you have any further questions, please don't hesitate to call me at 468-3510. Sincerely, Janet M. Noe Advertising Director Locally operated member [~ Donrey Media Group ITEM NO_ DATE: 7g Auqust 16, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SUMMARILY VACATING TWO PUBLIC UTILITY EASEMENT PURSUANT TO CHAPTER 4, PART 3, DIVISION 9 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Submitted for the City Council's consideration and approval is a request to summarily vacate two separate Public Utility Easements, 5 feet wide and 25 feet wide, across Lots A3 and A4, respectively, of the Final Map of the Redwood Business Park of Ukiah. Through adoption of the attached resolution (Attachment 1) the City Manager will be authorized to execute, on behalf of the City, two Quit Claim Deeds related to the vacation of these easements. The owners of the properties, Gary L. and Sandra J. Akerstrom, have requested vacation of these easements (Attachment 2). The easements to be vacated constitute two adjacent strips of land, 5 feet and 25 feet in width (30 feet total width), approximately 250 feet in length located on private property westerly of Airport Park Boulevard as shown on Exhibit A and B of Attachment 1. The City has no existing, or foreseeable future use for these easements and there are no City utilities within the easements. All of the utility companies serving the area have been contacted and have approved this abandonment. The Public Utility Easements were originally deeded to the City with the recordation of a Map recorded at Case 2, Drawer 47, Page 24, and Mendocino County Records. Staff recommends adoption of the resolution summarily vacating these Public Utility Easements across these properties. RECOMMENDED ACTION: Adopt resolution summarily vacating two Public Utility Easements pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highways Code. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that the easements are needed and deny the request for Quit Claiming interest in the easements. Citizen Advised: Prepared by: Coordinated with: Property owner advised Cathy A. McKeon, Senior Civil Engineer Candace Horsley, City Manager Otto Bertolero, Interim Director of Public Works/City Engineer Darryl Barnes, Director of Public Utilities Attachments: 1. Resolution approving vacation of easements with Exhibit A 2. Letter requesting the Quit Claim of easements · Candace Horsley, Cit~/M~ager C:\easements\ackerstrom 00-19\ASR-PUE.doc RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUMMARILY VACATING TWO PUBLIC UTILTIY EASEMENTS PURSUANT TO CHAPTER 4, PART 3, DlVlSON 9 OF THE STREETS AND HIGHWAYS CODE WHEREAS, 1. The City of Ukiah may summarily vacate Public Utility Easements pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highways Code (commencing with Section 8330); and 2. The City has no existing, or foreseeable future use for these Public Utility Easements on the private parcels known as Lots A3 and A4 of the Redwood Business Park of Ukiah; and 3. The City Council finds that it would be in the public interest to vacate these easements, because no public utilities are located within the easements and the City has no plans to use those easements for public utility purposes in the future. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The vacation of these Public Utility Easements is made pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highways Code. 2. The easements to be vacated are generally two adjacent strips of land, five feet and 25 feet in width and are approximately 250 feet in length located on two parcels of land known as Lots A3 and A4 of the Redwood Business Park of Ukiah, respectively, and are more particularly depicted and described in the Easement Quitclaim Deed, attached hereto as Exhibit A and Exhibit B and incorporated herein. 3. All Public Utilities on the property are provided at locations outside the easement and no utility facilities are located within the easements. No local government agency, business or public utility has any future plans to use the easements for utility purposes. A summary vacation is authorized by Streets and Highways Code Section 8333(c). 4. From and after the date the resolution is recorded, the Public Utility Easements described the Easement Quitclaim Deeds, attached hereto as Exhibit A and Exhibit B no longer constitute Public Utility Easements. Resolution No. 2001- Page ] or' 2 5. The City Manager is hereby authorized to sign any documents necessary or convenient to convey title of the easements to Gary and Sandra Akerstrom, including the Easement Quitclaim Deeds attached hereto as Exhibit A and Exhibit B. PASSED AND ADOPTED on August 16, 2000, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2001- Page 2 of 2 WHEN RECORDED RETURN TO: Gary L. and Sandra J. Akerstrom . 1440 Meadow Drive Ukiah, CA 95482 EASEMENT QUITCLAIM DEED The undersign declares that the documentary transfer tax is $. value is less than $100.00 and I--]Computed on full value of the interest or property conveyed, or is I--IComputed on the full value less the value of leins or encumbrances remaining thereon at the time of sale. The land, tenements or reality is located in I-']Unincorporated area I~City of Ukiah and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF UKIAH, A MUNICIPAL CORPORA TiON does, hereby remise, release and forever quitclaim to Gary L. and Sandra J. Akerstrom an easement with a right of immediate entry and continued possession for construction, reconstruction, inspection, improvement, maintenance, repair, operation and replacement of Public Utlities more particularly described as follows: SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THE CITY OF UKIAH, A MUNICIPAL CORPORATION By: Date: Candace Horsley, City Manager C:\easements\ackerstrom 00-19\ESMT QUITCLAIM DEED.DOC EASEMENT ABANDONMENT LEGAL DESCRIPTION An easement for public utility purposes lying parallel with and 5 feet south of the lot line between lots A3 and A4 as shown on the Final Map of REDWOOD BUSINESS PARK OF UKIAH - UNIT ONE, recorded in Case 2, Drawer 47, Page 24, Official Records of Mendocino County, California. Said easement extending from the 25-foot Building Setback and PUE parallel with Airport Park Boulevard to the westerly lot lines of said lots A3 and A4. NORTH 1-=40' LOT A3 : LOT LINE TO BE MOVED I ~ , LOT A4 ~ I~ REDWOOD BUSINESS PARK OF UKIAH : ~ UNIT ONE (Case 2, Drawer 47, Page 24, MCR) ~ ~ /I _ AIRPORT PARK BOULEVARD CITY OF UKIAH EASEMENT ABANDONMENT Oate: t Orowfl By' tApprove4 Ill ]Dra.ir~g N<).: R, vi~ ed: WHEN RECORDED RETURN TO: Gary L. and Sandra J. Akerstrom 1440 Meadow Drive Ukiah, CA 95482 EASEMENT QUITCLAIM DEED The undersign declares that the documentary transfer tax is $. value is less than $100.00 and [--IComputed on full value of the interest or property conveyed, or is r-]Computed on the full value less the value of leins or encumbrances remaining thereon at the time of sale. The land, tenements or reality is located in r-]Unincorporated area [~City of Ukiah and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF UKIAH, A MUNICIPAL CORPORA TION does, hereby remise, release and forever quitclaim to Gary L. and Sandra J. Akerstrom an easement with a right of immediate entry and continued possession for construction, reconstruction, inspection, improvement, maintenance, repair, operation and replacement of Public Utlities more particularly described as follows: SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THE CITY OF UKIAH, A MUNICIPAL CORPORATION By: Date: Candace Horsley, City Manager C:\easements~ackerstrorn 00-19\ESMT QUITCLAIM DEED.DOC EASEMENT ABANDONMENT LEGAL DESCRIPTION An easement for public utility purposes lying parallel with and 25 feet north of the lot line between lots A3 and A4 as shown on the Final Map of REDWOOD BUSINESS PARK OF UKIAH - UNIT ONE, recorded in Case 2, Drawer 47, Page 24, Official Records of Mendocino County, California. Said easement extending from the 25-foot Building Setback and PUE parallel with Airport Park Boulevard to the westerly lot lines of said lots A3 and A4. NORTH 1"= 40' LOT A3 I I I I ! I I I I I ! ! ! I ! ! I ! ! ! ! ! I ! ! ! ! ! ! I ! i i I I I ! ! ! ! ! ! ! ! LOT LINE TO BE MOVED LOT A4 REDWOOD BUSINESS PARK OF UKIAH UNIT ONE (Case 2, Drawer 47, Page 24, MCR) EASEMENT TO BE ABANDONED EASEMENT TO REMAIN AIRPORT PARK BOULEVARD EASEMENT ABANDONMENT Redwood Bu ines Park o/ Ukiah 425 'l';ah~/~,.le it(~ad o Ukiah, California 95482 . (707)462-196'1 ~ June 12, 2000 City Council City of Ukiah 300 West Seminary Ukiah, CA 95482 I hereby request that the City abandon the utility easements adjacent to the lot line between Lots A3 and A4 of Redwood Business Park, I created these easements to provide joint service of the sanitary sewer and storm drain for Lots A3 and A4. The easements were to serve only these two lots. Since I am currently moving the lot line between these two lots 70 feet to the north through Boundary Line Adjustment 00-19, the need for both easements is eliminated. Access to the existing storm drain system fi'om the new lot A3R cml be accomplished by on-site improvements with no additional easements needed. Access to the storm drain from the new Lot A4R can be directly into the existing storm drain system which lies within the existing utility easement parallel with Airport Park Boulevard. Hence, there is no need for the present, storm drainage easement. Sanitm'y sewer service to the new Lot A3R and A4R can be accomplished through laterals tied directly into the sewer line that lies within the utility easement parallel with Airport Park Boulevard, thus eliminating the need for the existing sanitary sewer easement. The only easement that will be needed is an easement over the corner of the new Lot A3R in favor of the new lot A4R. This will be accomplished as pfirt of the Grant Deed at the time of Lot sale and does not need to be an easement to the City since it will be a lateral and not be a public sewer line. Enclosed is a map showing our current development intentions and the location of the future sewer line. Also enclosed is a drawing showing the location and description of the easements to be abandoned. If you have further questions, please do not hesitate to contact me. Very truly yours, GLA:bs ITEM NO. 7h DATE: August 16, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF EMERGENCY RENTAL OF CATERPILLAR 826G COMPACTOR FOR THE UKIAH SOLID WASTE DISPOSAL SITE SUMMARY: On August 7, 2000 staff discovered damage to the wheels on the Caterpillar 826C Compactor at the landfill. Damage was caused by wire and cable, which wrapped around the inside of the wheels and cut through the steel sidewall of the compactor wheels. Staff has removed and transported the wheels to a local machine shop for repair. Staff anticipates that the compactor will be out of service for one to two weeks. Since a compactor is essential equipment for daily operations at the disposal site, staff chose to locate and rent a Caterpillar Compactor during the period in which the City's compactor is being repaired. The anticipated rental costs (including transport cost) for a two-week period is $12,300. Funds are available in the City's budget, account number 660.3401.310.000. This report is being filed in accordance with City Code Section 1530. RECOMMENDED ACTION: Receive report of emergency rental of Caterpillar 826G Compactor for the Ukiah Solid Waste Disposal Site. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Fiscal Year 2000/2001 budget sheet APPROVED.~ ~ ~"~'~(~'~ RJS:AGIfEmrgCompactorSUM ~ce Horsley, City rv~nager o o o o3 o ITEM NO. ? i DATE: August 16,2000 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF CHLORINE TABLETS FOR MUNICIPAL SWIMMING POOL FROM LINCOLN EQUIPMENT IN THE AMOUNT OF $6,006.00 As required by Section 1522 of the Municipal Code staff is filing with the City Council this report regarding the purchase of chlorine tablets for the municipal swimming pool from Lincoln Equipment Inc., in the amount of $6,006.00. Requests For Quotation(RFQ) sheets were sent out to all qualified bidders who carry the specialized dry chlorine briquets utilized by the pool's chlorination system. Bids were returned by Lincoln Equipment and Chem Quip Incorporated with Lincoln being the Iow bidder. Attached for Council's review is the bid summary. This item is budgeted in the 100.6130.690 account. RECOMMENDED ACTION: Receive report regarding purchase of chlorine tablets from Lincoln Equipment in the amount of $6,006.00 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A N/A Larry W. DeKnoblough, Community Services Director Nora Kennedy, Purchasing Supervisor Bid Summary APPROVED:~ Candace Horsley, Ci~ LD4 CHLOR.ASR Manager AQUATICS CENTER CHLORINE TABLETS BID SUMMARY , Chem Quip Inc. $6,953.00 Lincoln Equipment Inc. $6,006.00 ITEM NO .... ?.i DATE: August 16, 2000 AGENDA SUMARY REPORT SUBJECT: AWARD OF BID TO WEST STAR DISTRIBUTING FOR PURCHASE OF REPLACEMENT FAIRWAY MOWER IN THE AMOUNT OF $35,392.50 As identified in the current budget, the Municipal Golf Course is scheduled to replace its fairway mower. Bid requests, including specifications and details, were sent to the three regional qualified dealerships and openly advertised by the City Clerk. The sole bid was submitted by West Star Distributing in the amount of $35,392.50. Responses were received from California Turf Products in both Bermuda Dunes and Brea, CA. With no bid in each case. The bid opening summary is attached to this report. This item is included in account #695.6120.800.000 for capital purchases for the Municipal Golf Course. The bid received is within the approved budget amount and staff is recommending award of bid to West Star Distributing for the purchase of the replacement fairway mower for the Municipal Golf Course in the amount of $35,392.50. RECOMMENDED ACTION: Award bid to West Star Distributing for the purchase of a replacement fairway mower in the amount of $35,392.50. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine award of bid to West Star Distributing is inappropriate and reject all bids. Citizen Advised: N/A Requested by: N/A Prepared by: Larry W. DeKnoblough, Community Services Director/t,,oi~ Coordinated with: Candace Horsley, City Manager Nora Kennedy, Purchasing Supervisor Attachments: 1. Bid sheet summary Candace Horsley, City,Manager LD4 MOWER2.ASR CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: 1 Used (Demo Unit)4-Wheel Drive Fairway Mower DATE: July 31, 2000 TIME: 2:00 P.M, #E-20693 COMPANY AMOUNT 1. CALIFORNIA TURF L._~~._. ~¢_.~j., 955 BEACON ST BREA, CA 92821 . . . CALIFORNIA TURF 79-253 COUNTRY CLUB DRIVE BERMUDA DUNES, CA 92201 WEST STAR DISTRIBUTING INC. 2438 RADLEY COURT HAYWARD, CA 94545-1159 . Marie Uivila, City Clerk bids:e20693 ITEM NO. 7- k DATE: August 16, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISPOSITION OF SURPLUSED MATERIALS, USED EQUIPMENT AND SUPPLIES Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 18, 1996, a list of items determined to be obsolete by various departments and their disposition has been prepared (attachment #3). Sale and disposal of these items is in accordance to City Code Section 1533 and the Surplus Procedure Statement which includes auction, landfill and items in surplus. RECOMMENDED ACTION: Receive and file report regarding the disposition of surplused materials, used equipment and supplies. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Gordon Elton, Director of Finance Prepared by: Nora Kennedy, Purchasing Supervisor Coordinated with: Candace Horsley, City Manager Attachments: 1. Procedure for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement 2. City Code Section 1533 3. Surplus disposition list APPROVED: "J~, ~i~ Candace Horsley, Manager C:Wly DocumentsLa, genda-Surplus.doc 0 D __ © oooo,oooo:oooooooooooooooooooooooo ~,ooooooooooooooo~oooo 'oooo~ooooooo z n o,~oor...r..oo666,.b66666!66666r.:.66666o6L~ 000000000000000000000000 O000000 ITEM NO. 9a. DATE: AUGUST 16, 2000 AGENDA SUMMARY REPORT SUBJECT: PUBLIC HEARING TO CONSIDER THE ANNUAL GRANTEE PERFORMANCE REPORT FOR COMMUNTIY DEVELOPMENT BLOCK GRANT (CDBG) #99-STBG-1391, POSSIBLE AMENDMENTS TO THE GRANT, AND THE CDBG PROGRAM IN GENERAL The Community Development Block Grant (CDBG) Program provides Federal funds to local non-entitlement jurisdictions through the California Department of Housing and Community Development (HCD) on an annual competitive basis. Program regulations stipulate that a public hearing is to be held to review the annual performance of open grants, consider any potential modifications to a grant, to notify the public of the availability of funds, eligible projects, and application process, and allow comments regarding potential future grants. This public hearing is designed to address all of these items. Annual Grantee Performance Report The City was awarded a $352,000 CDBG grant in October, 1999 to assist the Ukiah Community Center (UCC) in purchasing the property and building it presently occupies at 888 North State Street. Escrow was closed on this transaction and the deed was recorded on June 2. This acquisition will assure UCC's long term site control and rental savings which can be utilized for providing services for the targeted income persons. The Annual Grantee Performance Report identifies the activities specified in the original grant agreement and documents the progress made toward completing those items. The activity specifically stated in the agreement is "Acquisition of Building for a Community Center; cost savings of ownership vs. rental will result in increased services to (continued on page 2) RECOMMENDED ACTION: Conduct Public Hearing, Receive Public Comment Regarding Current and Potential Grants and Approve Annual Grantee Performance Report for Community Development Block Grant #99-EDBG-1391. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications to the Annual Report are necessary, identify changes, and approve revised report. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Public Hearing notice printed in Ukiah Daily Journal Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Annual Grantee Performance Report, pages 1-7. APPROVED Candace Horsley, Cit~Ma nager Community Development Block Grant August 16, 2000 Page 2 of 3 Calworks clients, greater coordination of center volunteers, and additional program staff to oversee services and seek long-term funding sources." As noted earlier, the property and building have been purchased. The use of savings will occur over time and its impact on program activities will be noted in future reports. The Council will note the report form is for the many facets of CDBG and only a few sections are applicable to our grant. Possible Amendments To The Original Grant The total cost of the property/building purchase was $321,581.47 with $317,904.11 coming from the CDBG grant. The balance of the grant can be expended for items related to the purchase. At this time, parking lot improvements (paving and landscaping) are being considered for inclusion in the grant. This matter is being presented here for Council discussion, as it was not specifically stated in the original grant agreement. HCD staff has initially indicated they would consider these improvements part of the purchase since they relate to the same property, are integral to access to the building, and could have been incorporated into the purchase contract as a condition of sale. Staff believes this is a viable use of the grant funds and has requested HCD's concurrence to proceed with the expenditure of the remaining balance in this manner. If the Council does not concur, it should identify its concerns and staff will inform UCC and HCD that this expenditure is not consistent with the grant and the balance of the grant will be returned. Community Development Block Grant Program The Community Development Block Grant (CDBG) program is federal funding allocated annually and distributed in two methods. The large metropolitan areas receive these funds directly from Washington as "entitlement" jurisdictions. The smaller rural areas, such as Mendocino County and Ukiah, must compete each year with project/program applications through the California Department of Housing and Community Development. Over the last few years the amount available for this competition statewide has been approximately $25-30 million annually. The application process typically begins in January with a Notification of Funding Availability (NOFA), followed by the application deadline of mid April, notice of award pending federal funding in July, and actual funding after October 1 (the beginning of the federal fiscal year). The City has applied for this program several times, being successful most recently with the UCC property purchase and the business revolving loan fund grants. The primary federal objective of the CDBG program is the development of viable communities by providing decent housing and a suitable living environment and by expanding economic opportunities, principally for persons of Iow and moderate income. "Persons of Iow and moderate income" or the "targeted income group" (TIG) are defined as families, households, and individuals whose income do not exceed 80 percent of the county median income, as determined by the federal Housing and Urban Development (HUD) Department, with adjustments for family or household size. There are four categories for applications: General and Native American, Economic Development, Planning and Technical Assistance, and Colonias. Eligible activities under the General Allocation classification include Housing, new construction and rehabilitation, Community Facilities and Public Services, and Public Works. $800,000 is the maximum Community Development Block Grant August 16, 2000 Page 3 of 3 annual award for any single jurisdiction under both the General and Economic Development components of the Program, with a maximum of $500,000 per application per year for either component. A jurisdiction may also have two $35,000 Planning and Technical Assistance grants per year. The projects/programs applied for must benefit the Targeted Income Group. Summary This is a multi-faceted public hearing with a single formal action required of the Council. The hearing will allow staff to present the general facts regarding the CDBG program to the populace and the public to comment on any aspect of the program including the current grant (and possible amendments) or potential topics, projects, or programs which might be considered in future applications. Prior to a formal submittal during next year's funding cycle, another public hearing to approve a particular application would be conducted. After the input, the Council action is to approve the Annual Grantee Performance Report and direct staff to transmit it to HCD. mfh :asrcc00 0816CDBG RUG-03-2000 139: :34 DEPT. OF HOUSING & C.D. Community Developme .m BIock Grant Program GRANTEE PERFORMANCE REPORT for period 7/1/tlc[ to 6/30/o..~Qo · CoversheetYCertification General In£oi/mation: Jurisdiction: Q ~'~1 Grant # or RLF Name: _~. AnnuaI or ~Final GPR If grant, check type: .~G/NA ~ED Address of Jurisdiction: · Name of Preparer: Title: Phone: .C...he_cklist of Contents (include all pans applicable to your grant/RLF type): ActiVity 1" Activity '"Xai ;it 3"- Activity Inc. N/A Inc. N/A Inc. N/A Inc. N/A CoversheetJ~ei:iifi-cation ' Y' [ ...... ' .... [ 'l" P~'t-' i i'Common Demographics ...... x~..._, Part 2.- Activity Information ~ } [ .... Part 3. Area Benefit Information ........... ~ ] i, [ Part 4. Beneficiary Information ~ !I ..... Part 5. Job Creation Information (ED Only) , ,, ~ ,, i , Part 6. Multi-Unit Information (Ho~u-si3~Only) ~ [ I , , Part 7. CDBG_~ilspl_ace_.~en_t_!_nf.0nnation Pan 8. O-ne of One Replacement Information ;z i · i ...... ii ii la i1 ii i i i i i Certification: I have reviewed the enclosed data and certify that to the best of my knowledge these data are tree and accurate and the supporting records will be maintained and are available for State review. Signature of Authorized Representative Printed Name and Title ' Date: {~Oq=r I I ~ 7..00 0 1 rev. 6/1212000 - t'"' 9I×TI'~ 9109 £~£ J . Persons' Households2 Busine~~ Jobs~ P~posed Actual Actual TIG Total to Date To~l TIG to D~t~ · (I' 9 ~ 9N I SFIOH -JO ' id3(I t~£: 60 000E-£O-gF]~J AUG-03-2000 09:J4 DEPT. OF HOUSING & C.D. 916 J2J 6016 P.12/16 Part 2. Activity Information a. Contract Activity: _. ~.0 __M~..__~'t~ ~ b. CDBO Displacement? ID Yes If yes, please complete Part 7 c. 1 for 1 Replacement? [] Yes If yes, please complete Part 8 [~N o d. Special Assessment? Yes I~No e. Revolving Fund? [] Yes I~o f. Is this activity "Public Service?" 121 Yes I~No If yes, please provide the amount of unliquidated obligations; Unliquidated Obligations': $ g. Contractors i[-~'i~m-°wn;d Wh{~iiy Or In Subst~ii'ii-~! Part By: Grant No. %q--'~T~& - I~q I Valu~ Of Contract(s) Minority Group Members H Women _Other 11 .... ' Provide the dollar amount of public services expenditures that have been accrued during the reporting period, but fun~ have not yet been ~awn or requested. rev. 6/12/2000 RUG-03-2000 09:34 DEPT. OF HOUSING & C,D. 916 323 6016 P,23×16 Part 3. Jurisdiction: Area Benefit Information a. Contract Activity: b. Beneficiaries counted by: g~ People/Jobs El Households Grant No. c~°~-~, ~-'fb(~- %~'~ t O~ners t ,, Renters N°n-Hou'~ing _.~.~ot_a!_.~IG fLow/Mod) Beneficiaries: (<_80%)~ ..... I '-I, to ~ct d. Total LjTjG (Lowest Income) Benefic_iari_es.; .... fjJJ [ ........ e. Total VLTiG (Very Lowest Inc_omO Benefic.!,~ie$:(~30,.%) , . I eo~ 2..0 f. Total Non-TIG Beneficiaries: (>80%) .......... J_ - o ~ g. Total B~neficiafies Whose Cost-Bur~i~n'J~x~eeds 50%:: I ~, q z.O' -- h..,Percenta~e of X'i.G..(Low/Mod) in se~!ce...area: I . . ' ...... (oo ~o_., ", g. How was the ~ercentaee of TIG (low/moderate income) persons residing in the area determined? '1~ Survey or l-! Census Tract If census tract, please provide following information: Census Tract Block Group(s) Census Tract Census Tract Census Tract Block Group(s) Block Group(s) Block Cn'oup(s) Census Tract Block Croup(s) Median Family Income Number of beneficiaries who expend more th~a 50% of their groas monthly inoom~ on housing 4 fey. 6/12/2000 Jurisdiction: C5~,~ 0~= 0 v-~/M,,~ .. Part 4. Beneficiary Information a. Contract Acti~w_[ (~0 b. Beneficiaries counted by: ~Pcople/Jobs [] Households c. N..u:m. _bet of beneficiaries by e .tl~..icity: Grant No. qq--S ~-'Co~._ - I~c~ ~ .... ~Eihnieity ' Renter ....Owner Non-Ho~_~fn-g ' -- - .... ,i,-.,., Blaclc/Non-Hispanic t,,, t'~ Hispanic ' - .......... 7_-aoo,-~ · White/N°n'Hisp.a~, ic . t .............. q'~o '2o~ American Indian/Alaska Native ......... .... __Asi_ ..a?acific Islande__r ___ " ~ ~5 TOTAL ' --? ~ ~ Renter Owner Non-Housi-n~-I' f.",N~....her of Female-Headed Households: .. g, Number_of_handicapp.ed?eneficiafi~'s: .... ' -' ..... h. Number of Homeless Beneficiaries Individuals Families Does the National Objective meet the Slum Blight Area's Obiective? Fl Yes [] No [] N/A If yes, please provide the following information: Percent of deteriorated houses % SBA designator year Public. Improvement Type/Condition: Boundaries: j. Presumed benefit? (Limited Clientele) · [] Yes [~No If you answered no, please provide the following Information: Is thc national objective met by the activity's nature/location? .Yes r'lNo lf yes, please type a narrative description of how the nature/location of this activity benefit, s TIG (low/mod persons) : ~N/A The number of beneficiaries must match the total from the renter column in Table C (above) The number of beneficiaries must match the total from the owner column in Table C (above) Pertain., only to Program Income and Economio Development activities. rev. 6/12/2000 AUG-03-2000 09:35 DEPT. OF HOUSING & C.D. 916 323 6016 Jurisdiction: ~-O'q 0~3 ,~--~ ~Ni.x~c,. Part 5. Job Creation Information ~3/[~ a. Contract Activity: b. CDBG Grant: $ Orant No. '~ex-~'t~- 1'~ k _ Total Job Count Full Time Par~ Tinge' Full Time Jobs Part Time Jobs~ TIG Jobs TIG Jobs2 c. Expect_to.create d. Expect to retain e. Act~ll.v'gre,_a!e_,d ........ ' ........ f. Actually retai_n.9.d g. Businesses Assisted: E,,,xpect to Assist Actua~'ly, Assisted ..... New Businesses IE ~_x~_' ting Business. es. Part 6. Multi-Unit Information a. Contr~t Activi ,t7: Total Occupied Occupied T~[G ..... (Low/Mod) Renters Owners Rente~ Owners Renters Owners b. uniis at ,s,.tart. ,°f prq[ect .......... - ...... - ...... c. _Units Expected a-~om~letion ~ ............. __. d. Actuai hnits at completion Providos at least 875 work hours. Provides at least 875 work hours to TIC} individuals. 6 rey. 6/12/2000 Jurisdiction: Part 7. CDBG Displacement ~[~ 'a_ Contract Activity,: b. Census Tract: c. City: American White/ Black/ Asian/Pacific Indian/ Non- Non- Hispanic Islander Alaska Hispanic Hispanic Native R-I o: R 0 R 0 R O R O d.' _N_..u~n, bet displaced e. Number r~aining ............. f. Number'r,e,!ocated .......... Part 8. One for One Replacement kb a. Contrac_t Activity: .. _ b. Demolished-Converted street address: c. Numbe,.r of bedroom units: 0/1 2 d. Date agreement executed: e. Replacement street address: f. _N_umber of bedroom units: ._ g. Available date: /' / 0/1 2 3 4 5 / / Renter Owner rev. 6/12/2000 TOTAL. P. :1.6 9b ITEM NO. DATE: August 16, 2000 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT TO ALLOW HOTELS AND RESTAURANTS IN THE PROFESSIONAL OFFICE LAND USE DESIGNATION SUMMARY: Mr. Gary Ackerstrom is proposing to amend the Airport Industrial Park (ALP) Planned Development Ordinance by adding hotels and restaurants as "allowed" uses in the Professional Office Land Use Designation. He is also proposing to delete the requirement that all development in the Professional Office designation include viable office components. The purpose of the amendment is to accommodate a three-story, 75 room Hampton Inn project, as well as a future restaurant. The Professional Office designated land within the AlP is situated west of Airport Park Boulevard between Talmage Road and Commerce Drive (see Attachment No. 1). The Proposed Hampton Inn and future restaurant would be located on the southern portion of this area within the AlP, adjacent to and east of the existing lumber mill. The development would utilize approximately 1.5 acres of the vacant five acres within the "Professional Office" designated land. The Planning Commission is recommending denial of all aspects of the Ordinance amendment, because it felt that it contributes to an undesirable "project-by-project" amendment trend in the ^IP, and because it felt that this particular area is not suitable for hotels. Staff respectfully disagrees with the Commission, because the Ordinance amendment is for a good project in an area suitable for visitor serving land uses. (Continued on page 2) RECOMMENDED ACTION: 1) Conduct a public hearing; and 2) Introduce by title only the Ordinance amending the Airport Industrial Park Planned Development. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not introduce the Ordinance and provide direction to staff. Citizen Advised: Publicly noticed according to the requirements of the Ukiah Municipal Code. Requested by: Gary Akerstrom, Redwood Business Park Prepared by: Charley Stump, Planning Director Coordinated with: Candace Horsley, City Manager, and David Rapport, City Attorney Attachments: 1. Location Map 2. Draft Ordinance 3. Planning Commission Staff Report, dated July 26, 2000 4. Planning Commission Minutes, dated July 26, 2000 Canda~e Hor-sley, (~ty~anager Page 2 PLANNING COMMISSION RECOMMENDATION: On July 26, 2000, the Planning Commission conducted a public hearing and discussed the proposed Ordinance amendment. After a lengthy discussion, the Commission voted 3-2 to recommend that the City Council deny the proposal. The majority of the Commission expressed frustration with the project-by-project amendments to the Ordinance over the past several years, and the resulting erosion of the "Master Plan" for development in the AlP. They also questioned the suitability of the Professional Office designated land for hotel and restaurant development, citing the lumber mill to the west, and the retail "shopping center" to the east and south. Also on July 26, the Planning Commission considered a Site Development Permit and setback Variance for the Hampton Inn project in the event that the City Council may approve the proposed Ordinance Amendment. After conducting a public hearing and discussing the proposal, the Commission voted 4 to 1 to approve the yard setback Variance, and 5 to 0 to conditionally approve the Site Development Permit. The Planning Commission's action is contingent upon the City Council's adoption of the Ordinance amendment. ISSUES ASSOCIATED WITH THE PROPOSED ORDINANCE AMENDMENT: There are a number of issues associated with the proposed Ordinance amendment that warrant discussion. Project-by-Project Amendments: The Planning Commission raised this issue, and expressed frustration that the "Plan" for the growth and development of the Airport Industrial Park was constantly being compromised by individual projects seeking amendments. This is a common issue for small rural cities, particularly those that are County seats experiencing growth. Interest in locating and developing in the City is primarily driven by market conditions, which at the present time seem to be for commercial and visitor serving land uses. Ukiah is not a large metropolitan city where 100-acre tracks of land are routinely master planned and developed consistent with that plan over a short period of time. Development occurs on an individual project-by-project basis, and it is unreasonable to expect the AlP Planned Development Ordinance to remain fixed and rigid. In the big picture, it is not unusual to amend land use plans in response to changing market, environmental, political, or other circumstances. When a Plan is adopted, it is a snapshot of community values at a particular moment in time. Since circumstances are constantly in flux, it is common to continually monitor the relevance of the plan to ensure that it remains in touch with the evolving community. In this case, the Airport Industrial Park has been steadily evolving, and periodic reevaluations and amendments of the regulations can be regarded as good planning. The question regarding the current proposed amendment is whether or not hotels and restaurants are appropriate land uses on the vacant five acres north of Commerce Drive and west of Airport Park Boulevard. While the applicants indicated that they studied the area extensively and found it to be a good site for their hotel proposal, the majority of the Planning Commission disagreed, and felt that it was a good project in the wrong location. The applicants suggested that because of the close proximity to Highway 101, gas stations, eateries, and retail commercial land uses, the site was well suited for a hotel. The majority of the Planning Page 3 Commission felt that Ukiah would be better served with a hotel of this size nearer to the downtown. Loss of Opportunities for Professional Office Development: The proposed amendment, if successful, would produce significant competition for professional office development on the vacant five acres north of Commerce Drive and west of Airport Park Boulevard. A number of Planning Commissioners expressed no remorse for the potential loss of professional office development in the AlP, citing the opinion that offices are better suited in the downtown area. It was also noted that professional office development opportunities exist in the newly created 32- acre "Industrial/Mixed-Use" area to the south. However, after its discussion, the Planning Commission opted to preserve the five acres for professional office development, and voted 3 to 2 to deny the amendment that would allow hotels and restaurants in this area. Compatibility with Surrounding Land Uses: The subject acreage is situated between Airport Park Boulevard to the east, the lumber mill to the west, professional office development to the north, and Commerce Drive to the south. In a broader context, visitor serving land uses exist to the northeast (Shell gas station and Jack-in-the-box), retail commercial (Walmart) to the east, vacant land to the south, and the railroad tracks and airport to the west. After studying the surrounding area, the applicants were able to conclude that while the site is not perfectly ideal, its positive qualities outweighed any potential conflicts with surrounding land uses. Staff agreed with this conclusion, finding that noise from the lumber mill and airport significantly diminishes after 5:00 p.m. when hotels begin to do business. In the evening hours this area is devoid of loud noises, and is relatively quiet in terms of traffic sounds. While the Planning Commission did not make any specific findings suggesting an incompatibility with surrounding land uses, it did express a general concern regarding hotel development in the AlP. Project Consistency with the Certified Program EIR: In 1995, the City Council certified an Environmental Impact Report (EIR) for the buildout of the Airport Industrial Park. A number of potentially significant environmental impacts were identified and mitigated in that document, and subsequent projects have been evaluated for consistency with its scope, findings, and conclusions. The mitigation program has been imposed on all subsequent projects to ensure that buildout will not have significant adverse environmental impacts on the community. One of the key programs resulting from the certified EIR was the adoption of a Capital Improvement Fee for the mitigation measures/improvements to the streets and intersections needed as a result of increased traffic. The City Council adopted a fee for each parcel that is collected at the time of Building Permit issuance, so that cumulative traffic will be mitigated to an acceptable level as defined by the Ukiah General Plan. Page 4 The important questions concerning project consistency with the certified EIR and Capital Improvement Program are how much P.M. peak hour (4:30 to 5:30) traffic would be generated by hotel and restaurant development, and how does that compare to the traffic that would generated by the professional office development assumed in the EIR? City Planning and Public Works staff conducted an analysis to answer these questions. After reviewing the Institute of Engineers Trip Generation Manual, 6th Edition, and having discussions with local motel operators and a professional traffic consultant, it was determined that professional offices would generate more P.M. peak hour traffic than hotel/restaurant development. The Planning Commission agreed with this analysis and determination, and therefore found that the traffic resulting from the proposed Ordinance amendment project would be within the scope, findings, and conclusions contained in the Airport Industrial Park certified EIR. Similarly, it found the proposed project consistent with the overall scope, findings, and conclusions contained in the certified EIR, which included topics such as earth and soils, hydrology, archaeology, plant and animal life, visual quality, air quality, etc. STAFF CONCLUSIONS: The owner/agent for the Redwood Business Park has applied for an amendment to the Airport Industrial Park Planned Development Ordinance to allow hotels and restaurants in the Professional Office land use designation. The purpose of the amendment is to provide an opportunity for a Hampton Inn to be developed on 1.5 acres within this area of the AlP. While the Planning Commission liked the site planning and architecture of the Hampton Inn proposal, and found the project consistent with the certified EIR for the AlP, it nevertheless expressed frustration with the recent project-by-project amendments to the Ordinance, and felt that a hotel of this type would be better suited in the downtown area. Staff understands, but respectfully disagrees with the Planning Commission action. The AlP Planned Development Ordinance is a dynamic plan for the growth and development of this area within our rural city, and as such, is subject to reevaluation and change as market, political, and environmental circumstances change. We believe that while modifying the Ordinance project- by-project is not the best way for this area to develop, it nevertheless is reasonable and practical given the dynamic nature of the AlP, and the fact that the Hampton Inn proposal is a good project. In addition, staff is able to conclude that the "Professional Office" designated land is situated in a good visitor serving location, and that potentially replacing this five acres with hotels and restaurants is logical given the close proximity to Highway 101, gas stations, and retail commercial land uses. STAFF RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce the Ordinance Amending the Airport Park Planned Development. AIRPORT INDUSTRIAL PARK LAND USE MAP PROFESSIONAL OFFICE HIGHWAY COMMERCIAL RETAIL COMMERCIAL RETAIL COMMERCIAL INDUSTRIAL MIXED-USE ..~ INDUSTRIAL AUTOMOTIVE COMMERCIAL INDUSTRIAL Draft Ordinance for the Hampton -nn Projec~ ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance,~ ;° to ,~, .... ~,~,~'" o" new,,'""',,,,,~,,'"'-;""" ~ ;.....~ ,~,, ,,,,,,~,~-,.,.,~' ,.... ,~,,'""'~,,~ ,,.~,.' ......~....;-.....,; ..... :,~.:.. ,~... ^ ;......,, ...~. U~;;;OI~;~I IC3LIUI I VILLI III I I,I I~.~ ~tll F./%./I % II IUUOLI IC311 · D.-..I. Th.-..-,....~ .~.....-.....4 k,, ii-.-- .-...,., .4....;--..~1;.......--~.~;...~... ..... ;.-~.~l...h. 9'") --....~,~ ,.,;ig;. ll~.-. D.~rl. I C~lI I%.. I I1~ ~;a.l~;C;I ~.,T,,,/VT;~;I~.,,T.4 &..,l~ t.I I~.. II~VV %.4T~,'~.,~I~Jl 14~1t. 1%.,FI 1%.d'%.,il ILC;ill I-...~ 4~l~../J~,,/1%,,~AIIII(~I.T,,..,I.,,V '~.~,~. C;l~..,I ~.,,O VVILIIIII LILT.,, I I i I~ ~JUl I~,~%.~,~G, vi I,.I I%.,, II ITMU.,.~LI IC;illlVll^~..~.4--'~..;oT;~, ~.,11;~01~11(;Itl%JI I I...~ t~.,/ i, JI ~.,/VlU~ II~^IUIIIL~y II ILI It;~ LJI..J~O ~,./I C;III%JVV~%J Section Two The overall purpose of the Airport Industrial Park Planned Development is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. The AlP Planned Development is consistent with the "Master Plan" land use designation for the property contained in the Ukiah General Plan. Section Three This ordinance also formally amends the Land Use Map that illustrates which land use designations are assigned to the various properties throughout the Airport Industrial Park. The map shows the approximate 32 acres west of Airport Park Boulevard and south of Commerce Drive (Hastings) being redesignated from "Industrial" to "Industrial/Mixed-Use." The land use designations apply to the 138 acre Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northwest portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 12.6 acres). 2. Highway Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 3. Retail Commercial: Applies to 13.44 acres north of Commerce Drive, and approximately 23.41 acres south of Commerce Drive, bounded by Airpod. Park Boulevard on the west, and Highway 101 on the east. (approximately 37 acres). 4. Industrial: Applies to the property situated at the southern end of the Airport Industrial Park (approximately 24.8 acres). 5. Industrial/Automotive Commercial: Applies to the southern portion of the Redwood Business Park, south of Assessor's Parcel Nos. 180-080-44 and 45, east of Airport Park Boulevard, and fronting Highway 101 (approximately 16 acres). 6. Industrial/Mixed- Use: Applies to the lands west of Airport Park Boulevard south of Commerce Drive. Includes the (2) acres adjacent to and north of the existing brewery parcel, and the approximate one (1) acre west of and adjacent to the existing pond (approximately 32 acres). 7. Roads and landscaping: Approximately 14.2 acres. 8. Total Acreage AlP: Approximately 138 acres. Three Four The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1993, the City Council adopted a revised Ordinance (929) to allow "General Commercial" in addition to the approved "Highway Odented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Drive on the south, and Airport Park Boulevard on the west. This Ordinance also "created" the Planned Development Ordinance out of what was previously a Use Permit. On May 1, 1996, the City Council adopted Ordinance 963, which amended the AlP Planned Development to make it a more organized and useable set of regulations. On June 19, 1997, the Planned Development was amended again by the adoption of Ordinance 964, which created an Industrial/Automotive Commercial Land Use Designation for the 16 acres directly south of the home improvement centedhardware store facility east of Airport Park Boulevard. On April 2, 1997, the Planned Development Ordinance was amended by the adoption of Ordinance 991, which permitted drive-thru restaurants on the lands designated as Highway Commercial. ~ gt~h Section Five Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan "Master Plan" land use designation. Section Six The Development Map (Generalized Land Use Map) for this Planned Development, as well as the design guidelines and development standards constitute the Concept Development Plan, as required by Article 14, Chapter 2 (Zoning) of the Ukiah Municipal Code. The Development Map (Generalized Land Use Map) attached as Exhibit '%", is approved. The Traffic Circulation Plan for this Planned Development is discussed in Section "1" on page 24, and the Circulation Map, attached as Exhibit "B", is approved. Section Seven Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. Section Eight Amendment to this ordinance requires City Council action. All Major Variance, Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor permits are subject to the review and action by the City Zoning Administrator. Decisions on Major and Minor Variance, Site Development and Use Permits made by the City Planning Commission or Zoning Administrator are appealable to the City Council pursuant to section 9266 of the Ukiah Municipal Code. Section Nine Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Ten This version of the Airport Industrial Park (ALP) Planned Development supersedes all past versions, and shall govern and regulate the growth and development within the AlP. Section Eleven The regulations for this Planned Development, as required in Article 14, Chapter 2 (Zoning), of the Ukiah Municipal Code are as follows: Am INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or non-retail business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. c. Wholesaling and Related Uses -includes establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers. d. Contractor's Offices - includes business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. e. Agricultural- allowed as a continuation of the existing land use, including all necessary structures and appurtenances. f. Research and Development Laboratories, and computer and data processing. g. Accessory Uses and Structures - activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size, and do not exceed 20 percent of the total land dedicated to the Industrial Land Use Designation: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive- thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, aw equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire stations, and government offices. g. Repair Services -includes repair services such as radio and television, furniture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.V., and micro-wave stations· PROFESSIONAL OFFICE DESIGNATION Purpose The purpose of the Professional Office Land Use Designation is to provide opportunity for a variety of business and professional Land uses such as child care facilities, delicatessens, and small retail stores and shops are intended to be ancillary components to professional office development projects!!iiiiei~d!!th~ii,!i~it~dii!i~ig~ay · General Requirements a. Child care facilities, delicatessens, and small commercial retail stores and shops shall not exceed 20 percent of the total developable square footage of any one parcel. The resulting square footage that comprises this 20 percent shall only be developed with individual store/shop spaces that do not exceed 2,000 square feet w 1 in size. J'-'~ll I,~Jl~,;l,~r~,~;O~;;~T~.4 ~.i~;;;~V~l~-;I-FIIl~..lll~ ~I~J~LO VVILIIIII LII~ I I~1~0~1~11~1 ~111~ ~GOI~IIOLIgll IIIUgL IIl~l~g ~ Vl~lg VIIl~g ~Vglg~lllgllJ ~glll~gllgllJ. ~IU~ VVlUIU~ ~ ~IUI~OOI~II~I VIII~Q ~VIII~VII~IIL II ~ Illillllll~lli UI UU/U UI UI~ ~IQ~ UI LliQ ~1~1 i~ O~ ~GI~ IUI I~L~I~ ~iUI~OOIUII~I ~1~1 II I~ I~1 O~VI I ~ . ~1 ~j~v~ WILl I ~1 I1~ ~ ~1 ~I~OlVI IQ ~llowed H~e~ lhe followb~ uses are allowed in the ~rofessional Office designation with the secudn~ of a Site ~ovelopment ~ermit: a. ~rofessional and business offices such as accountants, engineers, architects, landscape architects, su~eyors, attorneys, advo~isinO, consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office suppo~ se~ices - includes se~ices such as branch banks, savin~s and loan, credit unions, insurance brokers, real estate sales, bluepdntin~ and photocopyino and answorin~ se~ices. C. O. . C. d. Child day-care facility. Retail commercial in the built-out northwest portion of this area outside the boundaries of the Redwood Business Park. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen and sandwich shop or ""'"" ""' -' ........ ' ...... · '---- 1,,~111C311 I~I%--IiM~/VVI I II~M,q~LC;3~kIIC311% ~,ll~,J ,-J,,.:. ,.-. &E,.,,-,, .-.-.,,.4.,-,, ~11 IV~,--LI II U I ~;~q~%C;3~,,li C;;ll ILO/, b. Small grocery or convenience store. c. Small retail commercial stores and shops of 2,000 square feet or less, and in combination not exceeding 20 percent of the total developable square footage on a parcel. HIGHWAY COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down and drive-thru restaurants, service stations, and other similar uses that provide services and merchandise primarily to highway travelers. b. Retail commercial stores. RETAIL COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the E,, securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. c. Delicatessen, sandwich shop, and ice cream parlor. 2. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Restaurants (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. INDUSTRIAL/AUTOMOTIVE COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Site Development Permit: a. All the allowed industrial uses listed in Item A (1) above. b. Automobile dealerships, except for those that exclusively sell used vehicles. 2. Permitted Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Use Permit: a. All the permitted industrial land uses listed in Item A (2) above. b. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). c. Automotive service (gas) station. 10 Em d. Small grocery store, mini-market, or convenience store. e. Uses related to automobile dealerships such as tire stores, auto parts stores, car washing facilities, automobile repair business, etc. INDUSTRIAL I MIXED-USE DESIGNATION '1. Purpose The underlying allowed land use in the Industrial/Mixed-Use designation is industrial and light manufacturing. The purpose of the Industrial/Mixed-Use designation is to provide for a compatible mix of industrial, professional office, and commercial land uses. 2. General Requirements a. All proposed development projects within the designation must include a viable industrial component. 3. Allowed Uses The following uses are allowed in the Industrial/Mixed-Use Designation with the securing of a Site Development Permit. a. Industrial: 1. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. 2. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or business uses; delivery and 11 b. . transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers; Commercial: . . . Contractor's Offices and Yards - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. Computer assembly and data processing Repair services, including automotive repair. Accessory uses and structures - activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the pdmary use/structure, and shall not exceed 25% of the gross floor area of the primary use. 12 . c. Professional Offices Uses: Professional and business offices. Permitted Uses The following uses may be permitted in the Industrial/Mixed-Use Land Use Designation with the securing of a Use Permit: a. Industrial Uses: 1. Research and Development Laboratories. 2. Industrial uses not listed in Item 3 above (Allowed Uses), and/or excluded in the prohibited uses listed in section F (Nuisances) below. b. Commercial Uses: 1. Industrial and business support services - includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, and blueprinting and photocopying. 2. Delicatessen, sandwich shop, cafe, or sit-down restaurant (no drive-thru restaurants shall be permitted). 3. Small grocery or convenience store. 4. Child day-care facility for serving employees within the AlP. 5. Retail commercial shops and stores. 6. Business and Office support services - establishments primarily engaged in providing services to businesses and offices - such as janitorial and building maintenance, and equipment rental and leasing. 13 Fi NUISANCES '1. No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by standards prescribed in the Ukiah Municipal Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. e. Any use producing emissions shall comply with all the requirements of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and all local Laws and regulations. 14 -/ar- Gg 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. 1. Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. 15 1 . Maximum Lot Coverage No more than 40 percent of the lot shall be covered by buildings or structures. Above ground parking lots and landscaping areas shall not be included in the calculation of lot coverage. Industrial land uses may cover a maximum of 60 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AlP Planned Development Ordinance. Minimum Building Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a minimum setback of 60 feet from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development or Use Permit review process. Maximum Building Height The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Ukiah Airport Master Plan All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements ("BI" Compatibility Zone = 60 persons per acre / "C" Compatibility Zone = 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. 16 . 1 Si . Screening Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Class III Bicycle lanes shall be provided on all streets according to CalTrans standards. 17 7 10. 11. 12. Development Integration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and Site Development and Use Permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. Street Width Standards The following street standards have been established by the Ukiah Department of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement . 3. 4. 5. Right-of-way Pavement a. travel lanes (2) b. left turn lane Curbs (both sides) Cul-de-sac (turn-arounds) Curb Returns Radius 66 feet 44 feet 64 feet 40 feet 14 feet 20 feet 12 feet 12 feet 1 foot I foot 100 feet diameter 35 feet 35 feet 32 feet 30 feet 15 feet 18 13. 14. Access Driveways and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for the parcel or parcels located at the southeast corner of Talmage Road and Airport Park Boulevard. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. Minimum Parking and Loading Requirements a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the approved use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an 19 Hi entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 15. Signacje Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. All proposed development projects shall include a detailed sign program. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscaping and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. 20 Co d. e. g. k. ho A variety of tree species shall be used that provides diversity in form, texture, and color. Landscaping at corners should be arranged to maintain traffic visibility. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. Landscaping shall be proportional to the building elevations. Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native species are strongly encouraged. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in three years. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50 percent over all paved areas within ten years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. Parking lots shall have a perimeter planting strip with both trees and shrubs. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped 21 ,, areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. m. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. n. All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless because of the small size of a parcel, such coverage would be unreasonable. A minimum of 50 percent (50%) of the landscaped area shall be dedicated to live plantings. o. Landscaping Plans shall include an automatic irrigation system. p. All required landscaping for commercial development projects shall be adequately maintained in a viable condition. q. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a Landscaping Plan depending upon the size, scale, intensity, and location of the development project. Orientation and Location of Buildings a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. Buildings should be oriented to minimize heating and cooling costs. C. 22 1 1 d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. Architectural Design a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. Building Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. Lightinq a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. All lighting plans shall emphasize security and safety, and shall minimize energy usage. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal ^irport, adjacent properties, or upwards towards the sky. 23 Ji 6. Design Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. CIRCULATION PLAN The Circulation Plan for the Airport Industrial Park is illustrated on the attached Exhibit "B". As shown, the plan includes points of access at Talmage Road at the north, Hastings Avenue at the northwest, and Airport Road at the southwest. In lieu of the originally envisioned southern access road (Airport Park Boulevard to Norgard Lane) an emergency access is provided through the airport to a future gated encroachment along the southern portion of Airport Road. Internal access includes an extension of Airport Road from the west into the southern portion of the site; Airport Park Boulevard from Talmage Road on the north, extending south to intersect with the Airport Road extension; and Commerce Drive from west to east in the northern portion of the AlP. All streets within the AlP shall be public. Property owners of parcels with frontage along the railroad right-of-way are encouraged to plan for possible future use of the railroad. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (ALP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development Permit or Use Permit is required for development projects proposed in the AlP. 24 ,, Site Development Permits and Use Permits a. As articulated in Section 9 above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. VVithin the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. b. All Major Use Permits, Variances, and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor Use Permits, Variances, and Site Development Permits shall be subject to Zoning Administrator review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission and Zoning Administrator are appealable to the City Council pursuant to Section 9266 of the Ukiah Municipal Code. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Planning Commission's decision on major modifications to an approved Site Development Permit, Variance or Use Permit is appealable to the City 25 Council. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit, Variance or Use Permit is appealable directly to the City Council. 2. Building Modifications a. Exterior modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be required for all substantial exterior modifications to existing structures, site design elements, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in Article 20 the Ukiah Municipal Code. Section Twelve Whenever a use is not listed in this Planned Development Ordinance as a permitted or allowed use in any of the land use designations, the Planning Director shall determine whether the use is appropriate in the land use designation where the subject property is situated, and make a decision as to whether or not it is an allowed or permitted land use. In making this determination, the Planning Director shall find as follows: 1. That the use would not be incompatible with existing nearby land uses, or the allowed and permitted land uses listed for the particular land use designation. 2. That the use would not be detrimental to the continuing development of the area in which the use would be located. 3. That the use would be in harmony and consistent with the purpose and intent of the Airport Industrial Park Planned Development Ordinance and Ukiah General Plan. 26 4. In the case o~ determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted in any land use designation within the Airport Industrial Park shall be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director's actions are final for the City of Ukiah. Section Thirteen This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on AYES: NOES: ABSENT: ABSTAIN: by the following roll call vote: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: by the following roll call vote: Jim Mastin, Mayor ATTEST: 27 Marie Ulvila, City Clerk EXHIBIT "A" AIRPORT INDUSTRIAL PARK LAND USE MAP PROFESSIONAL OFFICE HIGHWAY COMMERCIAL RETAIL COMMERCIAL INDUSTRIAL/MIXED USE RETAIL COMMERCIAL INDUSTRIAL AUTOMOTIVE COMMERCIAL INDUSTRIAL EXHIBIT "B" AIRPORT INDUSTRIAL PARK CIRCULATION PLAN TALMAGEROAD COMMERCE DRIVE AIRPORTROAD AIRPORT PARK BLVO EMERGENCY VEHICLE -- ACCESS FROM AIRPORT ITEM NO.8-A; 8-B; & 8-C DATE: July 26, 2000 CITY OF UKIAH PLANNING REPORT DATE: July 21, 1999 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Airport Industrial Park Planned Development Ordinance Amendment No. 00-18; Major Site Development Permit No. 00-26; & Variance No. 00-31 APPLICANT: Gary Akerstrom and Mark Watson, for Hampton Inn PROJECT SUMMARY: Approval of the proposed Ordinance Amendment would add the Highway Commercial land use to the list of allowed uses in the Professional Office land use designation outlined in Ordinance No. 1024, which establishes the governing provisions for the Airport Industrial Park Planned Development. This amendment would also allow the deletion or modification of the language in Section 11(B)(2)(b) of the AlP Ordinance that requires all development projects to include a viable office development component. Approval of the Variance would allow the proposed hotel structure to be constructed approximately 17.5 from the right-of-way for Airport Park Boulevard instead of the twenty-five foot wide setback required in Ordinance Section 11(G)(3). Approval of the Major Site Development Permit would allow the construction of a three-story hotel with 75 guestrooms on the 1.49-acre project site. The discretionary actions associated with the Variance and Site Development Permit components of this project area quasi-judicial in nature; therefore, each decisionmaker must physically and personally visit the site prior to participating in the vote approve, disapprove, or modify the project. LOCATION: The project site is located at 1160 Airport Park Boulevard (Assessor Parcel No. 180- 070-25 and 180-070-26-portion), on the west side of Airport Park Boulevard, 200 feet north of its intersection with Commerce Drive. DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend the APPROVAL of Airport Industrial Park Planned Development Ordinance Amendment No. 00-18 on the grounds that the proposed hotel use would be consistent with the highway commercial uses located on the parcels to the east and with other commercial office and retail uses to the north and southeast. The Planning Department further recommends the Approval of Variance No. 00-31 on the grounds that the proposed setback distance would not be a grant of special privilege, is required due to the relatively narrow width of the project site; and would not be detrimental to the health and welfare of persons using adjacent properties. Planning Department staff also recommends APPROVAL of Major Site Development Permit No. 00-26 by the City Council on the grounds that the hotel development would be consistent with the allowed uses, development standards, and design requirements for the Airport Industrial Park Planned Development, as proposed for revision. ENVIRONMENTAL DETERMINATION: The City of Ukiah's Environmental Coordinator determined this project is consistent with the findings and conclusions of the Environmental Impact Report (EIR) prepared for the Airport Industrial Park since the proposed development is in substantial conformance with the scale and density of development originally analyzed in the EIR. This determination was made in accordance with Section 15168(c)(4) of the California Environmental Quality Act, and all applicable AlP EIR mitigation measures will be included as recommended Conditions of Approval. GENERAL PLAN DESIGNATION: Airport Industrial Park Master Plan ZONING DISTRICT: PD (Airport Industrial Park Planned Development) PROJECT DESCRIPTION AlP Ordinance Amendment: The applicants are proposing to amend the AlP Planned Development Ordinance on pages 1, 3, 7, 8, and 9. The changes on pages 1 and 3 are minor and intended for internal consistency, while the changes on pages 7 and 8 would list Hotels and sit-down restaurants as "allowed" land uses in the Professional Office Land Use Designation. The proposed modification on page 9 would eliminate the requirement for all projects proposed on land in the Professional Office Land Use Designation to have "a viable office development component." Hotel Project: The project is comprised of a 1.09-acre parcel (APN 180-070-25) on the southern portion of the site and a seventy-foot wide portion of land that is now located on the parcel (APN 180-070-26) to the north. A Boundary Line Adjustment (#00-19) was approved by the City Engineer to allow these lands to be combined into a single parcel with an area of 1.49 acres, but these lands will not be a single lot until the BLA is recorded with the Mendocino County Recorder. The project site is undeveloped, with no major on-site vegetation, and previous grading activities have caused a relatively flat topography with a slight slope (0.75%) running from the west to the east/southeast. The portion of Airport Park Boulevard that fronts this site is developed with curb and gutter, but no sidewalk. Site Desiqn: The proposed hotel would be located on the southern portion of the site, with the area to the north reserved for a parking lot and two access driveways. The three-story building would have an irregular shape, with three wings wrapped around a large area that would be developed with a pool and extensive landscaping. The total floor area of the building would be 43,372 square feet, including a 15,164 square foot ground floor and second and third level floors with 14,304 square feet of area each. The area north of the hotel building would be graded and paved for a parking lot that would be accessed from Airport Park Boulevard via two 24-foot driveways separated by a 36-foot wide planter area. These driveways would provide a circular access to the 76 vehicle parking stalls that would be developed along the perimeter areas and on either side of a long landscape planter in the middle of the lot. Landscape and Lighting: Landscape planters would be developed along all four sides of the parking lot and between the two rows of parking stalls proposed for the middle of the lot, with smaller planter islands located at the end of the stall aisles and between some individual stalls. The conceptual landscape design for the parking area includes seven "London Plane" Sycamore trees and eleven "Majestic Beauty" Magnolia trees, as well as a variety of shrubs, groundcovers and unplanted areas that would be covered with landscape cloth and large bark mulch. The west side of the proposed hotel would be paved as a service area that would be screened by a six-foot high brick and wood fence. The highly visible area on the east side of the building would be planted with a single Sycamore tree, shrubs, turf grasses, and groundcover, with a natural rock waterfall feature installed on the northeast corner of the building. The southern setback for the proposed hotel would be relatively narrow, but the open area between the eastern and western wings of the hotel would be developed with a 640 square foot swimming pool, a natural rock waterfall and viewing pool, a 48-foot long shade arbor, and a gazebo. Interlocking pavers and relatively dense plantings of turfgrass, shrubs, and "Majestic Beauty" Olive trees would surround these landscape amenities. The Landscape and Lighting Plan submitted with the application also shows that lighting standards would be installed in all of the of the parking lot perimeter planters. These lighting standards would be reproduced from older Victorian designs, with five light globes on a metal standard and a matching base that would elevate the lights to a maximum height of twelve feet. According to the photographic exhibits provided in the applicants' project description, these lights would have white globes and a green or black pole. Building Design: The north wing of the hotel structure would be approximately 280 feet long, with widths that would vary between 28 feet on the east and west ends to 50 feet in the center. This wing would contain the lobby and guest registration area, a breakfast dining room, laundry facilities, and rooms for meetings and exercise. Each of the two floors above this level would be developed with 13 guestrooms with small balconies that would face the pool area. The western wing of the hotel building would be approximately 85 feet wide by 245 feet long, with a single row of six guestrooms and an access hallway on all three floors of the wing. The rooms would all face the inner court and pool area, with small porch areas or balconies facing the pool area. Access between the three floors would be through the elevator or a stairwell on the south side of the building. The eastern wing of the hotel would be constructed in a similar manner to the western wing, but each floor would have eleven guestrooms separated by a common hallway instead of the single line of rooms. The rooms facing the pool area would have the same small porches or balconies and a stairwell that would provide access between all three floors. The area between the east and west building wings would be developed with the landscaping described above, a water feature, and a 16-foot wide by 40-foot long pool that would be partially covered on its north end. Access to this area would be through a covered walkway and doors on the side of the lobby. The three-story hotel building would be between 36 to 43 feet high, with at least three vent-cover structures reaching heights of 50 feet. Building walls would be constructed with hardboard horizontal lap siding colored mauve, with white trim on balconies and porch supports. Red brick veneer would also be used on portions of the ground level walls to provide further design articulation. All building roofs would be covered with architectural grade asphalt shingles colored in a darker brown that would provide a mild contrast with the mauve walls. Planning staff does not anticipate that the mass of this large structure would be overwhelming in its appearance due to the utilization of multiple design features on the exterior walls. These features include staggered wall elevations with multiple peaked roofs, a porte cochere over the registration area driveway, guestroom balconies and larger porch areas, and roofed vents on the peak of the longer roof areas. The building would also utilize large multi-paned windows on all its guestrooms and in common areas, including hallways and lobby areas. STAFF ANALYSIS: Individual components of the Planning Department's comprehensive review are discussed below: General Plan and Planned Development Ordinance Consistency: The project site is shown on the Ukiah General Plan Land Use Map as a Master Plan area that is governed by the Airport Industrial Park Planned Development Ordinance (City Ordinance No. 1024). According to the most recently approved version of this ordinance, the subject property is designated with a "Professional Office" land use designation that does not include hotels, motels, or other transient residencies on the list of allowed or permitted uses. Therefore, the owner of the property has applied for Ordinance Amendment #00-18 to include hotels in the list of allowed uses, and delete the requirement that all development projects include an office development component. The specific text changes are included as Attachment "1" of this report. The Professional Office land use designation was originally assigned to all the properties between Talmage Road and Hastings Road that are west of Airport Park Boulevard in an effort to ensure there would be a viable business and professional office component within the Airport Business Park. However, this area was designated for these uses at a time when most other areas of the park area were limited to industrial or retail commercial land designations in which the only ancillary office uses are allowed. In the meantime, the City Council has approved a mixed-use designation that would allow professional offices to be developed throughout large areas of the business park, and the need to reserve specific areas for office uses is no longer a critical component of the AlP Planned Development. Therefore, it is the opinion of Planning staff that the allowance of hotels in the Professional Office designation would not hinder the development of viable professional offices within the business park, and staff supports the proposed amendment. Compliance with Development Standards: Planning Department staff reviewed the development standards that would apply to the proposed hotel in the event the proposed PD amendment is approved by the City Council, and provides individual analyses below: Minimum Lot Requirements: The minimum lot area for new development in the AlP is 20,000 square feet, with a minimum public street frontage of 100 feet. The proposed project site consists of one legal parcel with an area of 1.09 acres and 200 feet of frontage along Airport Park Boulevard, and a 17,500 square foot portion of a second parcel that has 70 feet of street frontage. These two areas will be effectively merged into a site that complies with the PD requirements once a previously approved Boundary Line Adjustment (BLA #00-19) is recorded, but staff included the recording of the BLA as a recommended condition to ensure the final site dimensions are in compliance. Maximum Lot Coverage: The total floor area of the three-story hotel would be approximately 43,350 square feet, but the lot coverage of the first floor would be only 15,164 square feet, or approximately 23 percent of the 1.49-acre site. This coverage complies with the maximum coverage percentage of 40 percent. Minimum Buildinq Setbacks: The PD standards require that all buildings be set back at least 25 feet along the entire public street frontage, but the east wall of the proposed hotel would be only 17.25 feet from the right-of-way for Airport Park Boulevard. Therefore, the construction of the structure would require the approval of the proposed Variance. Planning staff reviewed the reduced setback area and determined that the required findings for the approval of the Variance are applicable in this case. This determination is based, in part, on the fact that the hotel would be constructed on a portion of the lot that is only 230-245 feet wide. This width is one of the most narrow lot widths in the entire Airport Industrial Park, where the typical lot widths exceed 350 feet. Planning staff noted that orienting the building front to face east instead of north would allow it to be constructed in compliance with the 25-foot wide setback requirement, but that this orientation would place over half of the occupants several hundred feet further from the parking facilities. It would also expose the primary courtyard activities and a greater number of rooms to noise and visual impacts from the industrial user on the lot to the west. Therefore, it is the conclusion of Planning staff that the location of the building on the narrowest portion of the site and its orientation to the north would be the most efficient site design for the hotel. Staff further concludes that the application of the 25-foot setback would deprive the developers of the same building sizes and dimensions as those constructed on the wider lots to the east and south. Staff also notes that the allowance of the reduced setback area is not a grant of special privilege since there are other buildings in Ukiah that are three stories high or higher that have even narrower setback areas. The hotel structure would be the only building in the business park that is less than 25 feet from the Airport Park Boulevard frontage, but these buildings are constructed on larger lots that include large parking lots and circulation driveways within this setback. In this case, the allowance of the reduced setback area would allow all vehicle circulation to be restricted to the northern portion of the site and permit the development of an expanded landscape area that includes the water feature and a pedestrian access. Finally, staff determined that the proposed hotel would not be detrimental to surrounding property owners since the abutting areas are either undeveloped or developed with light industrial uses that would not be affected by the hotel use. Staff notes that the operation of the hotel next to the adjacent lumberyard could cause conflicts since the yard occasionally produces noise, dust, and odors that would offend hotel visitors. However, staff notes that the hotel design includes double- parted glass and air conditioning that would allow visitors to reduce these nuisance-level impacts, and no substantial conflicts are anticipated so long as the lumberyard does not exceed the noise standards of the Ukiah Municipal Code. Maximum Building Height: The highest point of the roof ridge for the proposed hotel would be 44 feet high, with matching vent cover structures that would range from 44 to 50 feet high. These heights are consistent with the maximum height standard of 50 feet. Ukiah Airport Master Plan: The project site is located within Compatibility Zone C (Common Traffic Pattern), which is assigned to lots that are exposed to limited risks and frequent noise intrusion resulting from aircraft at or below 1,000 square feet by the Ukiah Municipal Airport Plan adopted in 1996. Three-stow hotels are not included on the lists of normally acceptable uses, but staff has determined that the proposed hotel is like and similar to the two-stow motels and multiple-family residential uses that are on this list. This determination is also based, in part, on the fact that the main roofline for the three-stow building would be 44 feet and 50 feet for several appurtenant structures, which are entirely consistent with the maximum height limits defined in the AlP PD ordinance. Planning staff also noted that the 50-foot height would also be consistent with the side slope criteria required by the Federal Aviation Administration. Planning staff further noted that the anticipated density of the proposed hotel would range from 75 to 112 persons, based on the criteria of 50 to 75 persons per acre listed in the Caltrans Airport Land Use Planning Handbook published in December of 1993. This density is substantially less than the 150 persons per acre maximum required for Compatibility Zone C. The Master Plan also calls out concerns with aircraft noise within the common traffic pattern by suggesting that noise-sensitive land uses should be avoided. The proposed hotel location is currently exposed to noise levels of 55-60 CNEL on average days and 55-65 CNEL on busy days, but these noise levels are consistent with the maximum noise levels defined in the Ukiah Municipal Code. Furthermore, the anticipated noise from aircraft would not be a regular occurrence and would be reduced in volume by the use of double-pane glass on bedroom windows and the installation of air conditioning. Staff also notes that the noise levels for both average and busy aircraft traffic days is expected to decline by approximately five CNEL by the year 2015 as the result of more efficient aircraft and changes to air traffic patterns. ~ _.. ~ Screening: The PD standards require that all storage areas and appurtenant items of poor visual quality is screened by masonry walls, landscape fences, or decorative fences. The project site plans indicate that most storage would be internal and that landscaping would screen an electrical transformer on the north side of the hotel. In addition, project elevations show that the roof vents would be covered with screening structures that would utilize the same design and building materials as those to be used on the main hotel structure. The outdoor area on the western side of the hotel structure would be bounded by a paved service corridor that would be used for maintenance activities, but this area would be screened by a six- foot high wood and brick fence that would extend along the western and southern property lines. Public Utility Easement: Project site plans do not show the required five-foot wide utility easement that is required in the setback area adjoining Airport Park Boulevard, but the applicants have indicated that this easement and any additional easements would be provided and shown on required improvement plans. Planning staff recommends the adoption of Condition 9 to ensure that required easements are provided at the site development stage. Sidewalk Requirements: The width of the sidewalk on the Landscape Plan exhibit is consistent with the requirements for a sidewalk along the Airport Park Boulevard frontage. However, Planning staff notes that the applicants are proposing a straight course for this path instead of the curvilinear path required in the PD ordinance. Essentially, it is the applicant's contention that a curvilinear sidewalk would decrease the privacy and increase noise exposures for persons occupying rooms on the east side of the hotel. The applicants also contend that a curvilinear sidewalk would be more difficult for persons with disabilities to navigate since it would extend travel distances and limit lines of sight. In fact, the applicants have provided specific recommendations from Whole Access, a nonprofit consulting firm that specializes in disability/accessibility issues. These recommendations are outlined in the project description by the applicant. Planning staff does not support the complete abandonment of the curvilinear sidewalk since the intent is to provide a visual impact that is more pleasing and interesting than a straight sidewalk normally provides. It is also staff's opinion that a meandering sidewalk could be designed without causing substantial obstructions or greater distances to persons traveling in wheelchairs or other assistive devices. In fact, staff is amenable to addressing the privacy and access issues outlined by the applicants by limiting the meander of the required sidewalk to occasional curves around the street trees the City Engineer's staff will require to comply with street tree standards. It is staff's opinion that this pattern would provide a meandering effect that is consistent with the intent of the PD ordinance, which while providing some latitude in addressing the privacy and access concems expressed by the applicants and allowing an effective area for planting required street trees. Staff recommends that the final design of this sidewalk be made part of the Final Landscape Plan outlined in recommended Condition No. 20. Bicycle Lanes: The portions of Airport Park Boulevard fronting the project site has been designed with Class III bikeways, as required in the PD ordinance. Development Inteqration: The proposed hotel would utilize a number of design features that are more common to residential buildings and smaller inns, including gabled roofs, multiple building wall insets, and balconies. Due to these features, the appearance of the hotel would definitely differ from the commercial appearance of the other buildings in the AlP. However, the different designs do not cause the buildings to be incompatible with each other since the size and mass of the proposed hotel denotes its commercial use despite the architectural features. Required Public Streets: According to the Public Works Department, the portion of Airport Park Boulevard bounding the project site has been developed to City of Ukiah street standards and is consistent with the Minimum Street Standards outlined in the PD ordinance. The construction of new curb cuts and other access work within the right-of-way for this street will require the securement of an encroachment permit and the development of improvement plans, as outlined in recommended Condition Nos. 10 and 11. Access Driveways: Public Works staff reviewed the two access driveways proposed for ingress and egress at the site and noted that there would be no left turn pockets or acceleration/deceleration lanes required due to the Iow volumes of traffic expected to turn into or out of the site. Minimum Parkinq and Loadinq Requirements: The two driveways on the east side of the site would be one-way, with ingress-only on the southern driveway and egress-only on the northern driveway. Engineering staff reviewed the proposed design and widths of these driveways and determined that would be consistent with the AlP PD requirements and would be wide enough to provide safe access to the site. Planning staff also determined that the interior driveways would provide an efficient circulation pattern that is consistent with the parking provisions of the Ukiah Municipal Code. The proposed parking lot would have 76 parking stalls, which is consistent with the hotel/motel parking standards of the Ukiah Municipal Code. In fact, Planning staff notes that the parking lot would also be developed with landscaping that is consistent with the parking lot development criteria for the C-1 (Community Commercial) Zoning District. Signage: According to the building elevations for the project, the sign program for the proposed hotel would be limited to two building signs with a total area of 155 square feet and a monument sign with a dual-sign face with 150 square feet of sign face on each side. Using Municipal Code standards for dual-faced signs, staff determined that the total sign area for the proposed monument sign would be approximately 225 square feet, and the total area of the combined signs would be 380 square feet. This area is consistent with the sign provisions of the Ukiah Sign Ordinance, which would allow the site to use up to 500 square feet of sign area. The use of monument signs on development projects in the AlP has generally been discouraged as a matter of policy, with larger building signs being encouraged as a compromise measure. However, Planning staff supports the use of the monument sign for this project since the project site is at least 100 feet narrower than other lots developed in the AlP, placing both of the proposed buildings signs closer to the public right-of-way where building signs are not as practical. Furthermore, the use of a monument sign next to the driveway would make the hotel driveway easier to identify. Compliance with Design Guidelines: Landscaping and Open Space: The Landscape and Lighting Plan submitted with the project application shows a very aggressive landscape scheme that is consistent with the PD requirements for landscaping and open space. This determination is based on the fact that the landscaping would use a variety of deciduous tree species planted in perimeter planters that would be proportional in size to the proposed hotel, and would provide diverse form, texture, and color. In addition, landscape plantings would cover over 20 percent of the site and would be of sufficient size when planted to provide a shade canopy of fifty percent within three years, and will be maintained with an automatic irrigation system. The proposed planting scheme would also generally comply with the requirements for landscaping in parking areas, with perimeter and linear planters and at least one tree for every four stalls. The parking lot would also have an effective pedestrian access from the parking area, with a wide covered entry walk beneath the porte cochere. However, staff noted there is no pedestrian linkage with the proposed sidewalk on the east side of the building, and recommends that one be designed to extend between the sidewalk and the front entrance of the hotel. Despite the aggressive nature of the landscape plan, the Public Works staff notes that the plan will require expansion to accommodate the planting of one street tree every 30 feet in the planter area bounding Airport Park Boulevard. Specific locations and species for these trees have not yet been selected by staff, who recommends that the individual tree well locations be determined as part of the improvement plans for street and pedestrian improvements (see Condition No. 10). The applicant has also agreed with Planning staff that at least 25 percent of the trees planted on the site would be native to the Ukiah area. Specific recommendations from staff include native oak trees in some of the large landscape planter areas proposed for the parking lot. Staff has also recommended that redwood trees be installed in the planter areas that bound Airport Park Boulevard since these trees would be consistent with the landscape and street tree themes that prevail throughout the business park. Orientation and Location of Buildings: There are no buildings on the abutting lots, but the applicants have oriented the proposed hotel with the "front" entrance on the north side of the building to provide the best internal access for customers. In addition, the pool facilities and pedestrian access on the "back" entrance are specifically geared to provide a direct link with a site on which a sit-down restaurant may be constructed. This orientation also provides an open view of the site and keeps the hotel from sitting in the middle of a parking lot. Planning staff also notes that the building will be sited to take advantage of passive and solar heating, with the pool area and internal courtyard facing south and large building fronts on the east and west sides. Architectural Design: It is the opinion of Planning staff that the proposed hotel design is attractive and visually appealing, and very effective in limiting the impacts that would normally be associated with a building of this height and size. In particular, staff notes that the use of peaked and varied rooflines, the inset walls, and the installation of large glass windows and balconies should avoid a box-like appearance. The mass of the building would also be softened by the development and landscaping in the courtyard area and the landscaping and water features proposed on the east side of the building. Building Exteriors: It is staff's opinion that the horizontal hardboard lap siding and the asphalt shingles proposed for the construction of the hotel would be highly unique, but compatible with the prevailing masonry-finished buildings in the commercial developments to the north and east. The tan walls and brown roof would be more subdued than the colors on nearby buildings, but would blend in well with the landscaping proposed for the site. Lighting: Lighting would include Victorian-style pole lights in the parking areas and exterior security lights on all sides of the building, with some minor lighting on the water features and landscaping. All of this lighting will be Iow intensity or directed toward the ground, but staff recommends that the lighting plan in Condition 20 be required to ensure that lighting does not extend skyward or shine off the site. Design Amenities: No bicycle parking facilities are shown, but the applicants indicated that bicycle parking facilities for employees could be installed near the employee entrances, and that a bike rack for customers could be installed near the front entrance or the courtyard entrance. Planning staff recommends that these facilities be included in the Final Parking Plan recommended in Condition 27. The proposed hotel would incorporate a large number of other design amenities, including water features, a gazebo, and a large swimming pool and recreation area. TRAFFIC: In 1997, the City adopted a Capital Improvement Program (traffic mitigation fee) for development in the Airport Industrial Park (ALP). The program established a precise fee, based upon the assigned land use designation, for each parcel of land within the AlP. As long as the fee is required and paid before building permits are issued, cumulative traffic at key intersections will be successfully mitigated. The Hampton Inn project raised a key issue related to traffic. The project includes a request to change the allowed uses in the "Professional Office" land use designation to allow hotels and restaurants. This raised the immediate questions of how much traffic would a hotel/restaurant facility generate, and how does that compare to professional offices? If a hotel/restaurant facility would generate significant amounts of more p.m. peak hour traffic, what would this do to the established Capital Improvement Program? Discussions with the City Public Works/Engineering staff revealed that they were generally comfortable with the proposed change as it related to traffic. Their thought was that the difference in traffic generation at the P.M. peak hour would be minor at best, and that no adjustments to the Capital Improvement Program would be necessary. Methodology: To determine the P.M. peak hour trip generation rate, we reviewed the Trip Generation Manual, 6th Edition, Volume 1 from the Institute of Transportation Engineers. We concluded that at the "worst case," the entire five-acres of vacant "Professional Office" designated land could be developed with "All Suites Hotels," because these are lodging facilities that provide sleeping accommodations, a restaurant and lounge, and a small amount of meeting space. The weekday p.m. peak hour trip generation rate for all suites hotels is 0.55 per occupied room. Analysis: Based on the size of the project parcel and proposed hotel, it was also concluded that the five vacant acres could accommodate approximately two "All Suites Hotel" facilities. This takes into account parking and landscaping requirements, as well as the large setback requirement from Airport Park Boulevard and other development standards. Two Hampton Inn type facilities with restaurants and meeting space would contain a total of 150 rooms. Information gathered from the City Economic Development Coordinator reveals that Ukiah hotels maintain an average vacancy rate of approximately 70%. This would result in an expected average occupancy of 105 rooms. The resulting trip generation would be 57 p.m. peak hour trips (105 x 0.55). The ITE Trip Generation Manual indicates that the p.m. peak hour trip generation rate for professional offices is 1.50 per square foot of gross leasable floor area. Based on the 40% coverage standard, the vacant five acres would accommodate approximately 87,000 square feet of professional office space. This would result in approximately 130 p.m. peak hour trips. In addition, it is interesting to note that the p.m. hour for professional offices/general traffic (4:30 to 5:30 p.m.) is different than for hotels. A telephone survey of six local hotels reveal that the busiest hour for their lodging businesses is between 6:00 and 7:00 p.m. Traffic Conclusions: City staff has conducted an analysis of the traffic expected to be generated from buildout of the subject property as professional offices as compared with two "All suites hotels." The analysis reveals that the professional offices would generate more p.m. peak hour traffic than the 150 rooms and associated land uses comprising the "All Suites Hotel" facilities. This is due to the fact that professional offices generate more traffic than hotels, and because the peak traffic hour for hotels occurs later than it does for professional offices, retail land uses, and other typical 4:30 to 5:30 traffic generators. CONCLUSIONS: It is the conclusion of the Planning Department staff that the amendment of the PD ordinance to allow hotels in this portion of the Airport Industrial Park should be approved since this highway commercial type use would be close to the freeway users expected to be its primary customers. Furthermore, the allowance of the professional office uses that this area was reserved for has been extended throughout a large area of the park, providing ample opportunities for support-type businesses to be developed. Staff also concludes that the layout for the proposed hotel is well conceived and would provide highly suitable vehicle and pedestrian access once minor changes to on-site pedestrian facilities are addressed. This layout would also allow a direct connection with a sit-down restaurant should one be developed on the parcel to the south. Staff is also impressed with the design of the building and the building materials and colors selected for its construction. The design and materials differ greatly from those used on other developments in the AlP, but the unique appearance of the building is not expected to clash in any substantial way with the commercial appearance of the nearby structures since its design is consistent with other transient use buildings. Finally, it is staff's conclusion that even though the project site is not the most ideal for an "upscale" hotel, it does have exposure to Highway 101, and is in close proximity to a mix of compatible land uses (retail commercial, eateries, etc.). Finally, the City is reaching buildout, and there really is no better more suitable vacant land for a hotel of this caliber. FINDINGS: The Planning Department's recommendation for the approval of Airport Industrial Park Ordinance Amendment No. 00-18 is based, in part, on the following findings: 1. The proposed hotel is a highway commercial oriented building that would be best located near the Talmage Road entrance to the Airport Industrial Park; and , The professional office land use originally reserved for the northwest portion of the Airport Industrial Park has been extended to other areas of the Airport Industrial Park and it is no longer critical to maintain a specific area for professional office development within this area. o Amending the AlP Planned Development Ordinance to list hotels and sit-down restaurants as "allowed" land uses in the Professional Office Land Use Designation is reasonable and appropriate for the following reasons: a. Hotels and sit-down restaurants would be compatible with surrounding land uses. b. There is ample opportunity for professional offices in the 32-acre mixed use area to the south, and on the remaining acreage in the Professional Office Land Use Designation. c. There is no vacant Highway Commercial designated land in the Airport Industrial park, and no opportunity for visitor serving land uses, such as hotels. 4. Based on the EIR consistency analysis prepared by staff, the proposed amendment to the AlP Planned Development Ordinance would be consistent with the scope, findings, and conclusions contained in the Program EIR certified for the buildout of the Airport Industrial Park. The Planning Department's recommendation for the approval of Variance 00-31 is based, in part, on the following findings: , The reduced setback from Airport Park Boulevard is necessary due to the relatively narrow width of the subject property, and the fact that the parcel is physically unique in terms of its marrow width, as compared to adjacent and nearby properties. 2. The reduced setback area would not be a grant of special privilege since there are other buildings in Ukiah of a similar size and height that are located as close or closer to property lines; and 3. The reduced setback area would not be detrimental to surrounding property owners since the subject yard abuts Airport Park Boulevard, and a safe and reasonable distance of 17.5 feet would still separate the building from the public right of way. The Planning Department's recommendation for the approval of Major Site Development Permit #00-26 is based, in part, on the following findings: . The development and operation of the hotel, as conditioned, is consistent with the General Plan goals and policies for the Airport Industrial Park Master Plan land use classification and with the applicable use and development standards for the Airport Industrial Park Planned Development-Professional Office land use designation; , The construction and operation of the hotel would not create hazardous or inconvenient impacts to existing vehicular or pedestrian patterns since the anticipated increase in levels of average daily traffic from the site would not be substantial enough to cause service levels for abutting public streets or the abutting intersections to decline; . The City Engineer determined the circulation pattern and access driveways for the hotel development are consistent with the roadway standards for the AlP and would provide safe and efficient ingress and egress; . As conditioned, the proposed hotel development would have sufficient landscape areas and landscape plantings to provide screening of the buildings from Airport Park Boulevard and abutting properties and to break up and screen on-site parking and automobile display areas; o The construction of the proposed hotel would not restrict or cut out light or air on abutting parcels since it is bordered on the east by a public street and provides adequate setbacks from the buildings and building sites on the parcel to the north to avoid screening or overshadowing of buildings; 6. The construction of the hotel would not excessively damage or destroy natural features since there are none on the site; , The construction and operation of the hotel would generate no significant adverse environmental impacts that were not previously analyzed in the Environmental Impact Report prepared for the buildout of the AlP, as determined in the consistency review completed for this project by the Environmental Coordinator; and The construction and operation of the hotel, as conditioned, would not be detrimental to the public's health, safety and general welfare since it is consistent with applicable General Plan goals and policies and would be developed in a manner that is consistent with the use requirements, development standards, and design guidelines for the Airport Industrial Park Planned Development. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Major Site Development Permit #00-26, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: . All use, construction, or occupancy shall conform to the application approved by the Planning Commission, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission. , In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 4. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. o Building Permits shall be issued within two years after the effective date of the Site Development Permit, or it shall be subject to the City's permit revocation process and procedures. In the event the Building Permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. . The approved Site Development Permit may be revoked through the City's revocation process if the approved project related to the Site Development Permit is conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. o Except as otherwise specifically noted, the Site Development Permit shall be granted only for the specific purposes stated in the action approving the Site Development Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. 8. Prior to the issuance of a building permit for the hotel structure, the Boundary Line Adjustment procedure and recordation of deeds for BLA #00-19 shall be completed. o Prior to the issuance of a building permit for the hotel structure, the existing five-foot and twenty-five foot easements shall either be abandoned or revised such that the easements are located adjacent to the northern property lines established by the recordation of BLA #00-19, and the public utility easement required along Airport Park Boulevard shall be incorporated into all improvement plans. All easements shall be prepared by a licensed land surveyor and submitted to the City Engineer for approval and recordation prior to the issuance of a Certificate of Occupancy for any structure developed on the site. 10. Prior to the issuance of a building permit for the hotel structure, improvement plans prepared by a licensed civil engineer shall be prepared for the proposed driveways, sidewalk, street trees, and other street improvements and submitted to the City Engineer for approval. 11. An Encroachment Permit shall be obtained from the City by a licensed contractor prior to doing any construction within the public roadway easements. Encroachment permit fee shall be 1.5% of estimated construction costs payable for construction inspection. The portion of the improvement plans that are modified will be reviewed and an additional 1.5- % charge will apply to those portions of the work to cover the additional plan review necessary. Contractor(s) shall have a current City of Ukiah Business License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000) and current Workman's Compensation Certificate. 12. 13. All trees planted in the required public utility easement/setback fronting Airport Park Boulevard shall be considered street trees and shall be installed in accordance with City Standard Drawings 601 and 602 and a Street Tree Agreement shall be completed to define the maintenance for all landscaping within the planters adjacent to the Airport Park Boulevard street frontage and in street medians to the east of the project site. The property owner shall be responsible for maintenance and replacement of these trees in perpetuity. Prior to the issuance of a building permit, an On-site Grading and Drainage Plan that includes an Erosion and Sediment Control Component and a Drainage Study shall be prepared to demonstrate that the proposed drainage facilities are adequate. This report shall be prepared by a licensed civil engineer and shall be approved by the City Engineer. 14. All on-site paving shall be a minimum of 2" (inches) of asphalt concrete with a 6" (inch) aggregate base, or, alternatively, any option approved by the City Engineer. 16. All reports and plans submitted to the City Engineer for review and approval shall address required mitigation outlined in the certified Airport Industrial Park Environmental Impact Report (EIR). 17. Capital improvement fees for the parcels comprising the project site shall be paid in accordance with City Resolution No. 2000-13, or as otherwise required. 18. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. 19. All signs shall comply with the approved Sign Program. Additional signage or major alterations to the approved signs shall be submitted for the review and approval of the Planning Director. 20. A Landscaping and Lighting Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of Occupancy for the building. This plan shall include, but not be limited to the following: ao A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation, including required street trees in the setback abutting Airport Park Boulevard; b. A planting schedule for all vegetation installed on the site; c. A maintenance and watering schedule for all vegetation; and d. A lighting plan for exterior lighting installed or otherwise used on the site. e. The location and dimensions for the meandering sidewalk adjacent to Airport Park Boulevard. 24. Landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the interior portions of the site shall be replaced with similar vegetation approved by the Planning Director and any street trees removed shall be replaced with vegetation approved by the City Engineer. 25. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view. 26. Outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not be visible outside the enclosures. 27. A Final Parking Plan shall be submitted to the Planning Director prior to the issuance of a building permit for the hotel. This plan shall included, but not be limited to a. A minimum of 76 vehicle parking stalls for on-site parking; b. Two public bicycle parking spaces and one bicycle parking space for every ten employees. 29. Prior to the commencement of construction activities, the applicants shall submit a Storm Water Pollution Prevention Plan to the Regional Water Quality Control Board (RWQCH) and secure a General Construction Activity Permit if required by law. 30. The applicants shall participate in a Transportation Management Association if and when it is formed. 31. Prior to the commencement of site preparation and construction activities, the applicants shall submit a detailed geotechnical report of the site conducted by a registered engineering geologist or geological engineer. Field and laboratory data should be analyzed to provide the following geotechnical information: a. A description of the soil and geologic conditions observed, including faulting and landsliding. b. Site grading recommendations. c. Recommended foundation types and design criteria. d. Retaining wall design criteria, as necessary. e. Recommendations for slab-on-grade construction, as applicable. f. Geotechnical engineering drainage recommendations. g. The applicants shall construct the project per the recommendations contained in the geotechnical investigation. 33. All proposed Structures/facilities shall comply with current seismic design standards contained in the Uniform Building Code. 34. Every attempt shall be made to keep all construction areas swept and clear of mud and debris to reduce air quality impacts. 35. Construction activities shall be limited to 7:00 a.m. to 5:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays. 36. Construction equipment shall be properly muffled and maintained to limit adverse air quality impacts. 37. The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, urinals, and faucets. ~ .-- / ~,_ 38. The applicants shall pay the required sewer/water connection fees at the time of application for service. 39. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. 40. The Applicants shall employ construction activity management techniques, such as; extending construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between emission sources; reducing or changing the hours of construction; and scheduling activity during off-peak hours as a means to reduce potential adverse impacts to air quality. 41. The applicants shall keep all inactive soil piles completely covered to avoid the transportation of dust, and shall regularly water all exposed soil areas to reduce dust. 42. All construction vehicles shall be limited to a maximum speed of 15 miles per hour while on the site. 43. Prior to the issuance of a building permit, the applicants shall pay the required Ukiah School district fees applicable to commercial development. 44. Prior to the final inspection of the building, and issuance of a certificate of occupancy, the applicants shall submit a Recycling Plan for all recyclable materials, if any, the automobile dealership will generate during its operation. 45. If, during site preparation and grading activities, any archaeological resources are discovered, all work shall be halted, and the Planning department notified of the discovery. The applicant shall be responsible for funding the services of a professional archaeologist to assess the discovered resources, and for any measures developed by the archaeologist to protect the resources. 46. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. ATTACHMENTS: . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Proposed Ordinance Location Map Site Plan Applicant's Project Description Site Plan for Boundary Line Adjustment #00-19 First Floor Plan Second Floor Plan Third Floor Plan Front (North) and Left (East) Side Elevation Right (West) Side and Rear (South) Elevation Courtyard Elevations Landscape Plan Monument Sign Exhibit 3-/5- LOCATION MAP MAJOR SITE DEVELOPMENT PERMIT NO. 00-26' HAMPTON INN 1160 Airport l'ark Boulevard (Assessor Parcel No. 180-070-25) ! NORTH 0 500 1000 1500 2000 3500 3000' SCALE: 1 inch = 500 feet ~iG )lblVd ll::tOdlV · ' 9¢IAH HAM PTON I} The Hampton Inn by Hilton and adjacent restaurant will be a focal point in Ukiah; the center of activity for corporate and government business travelers and the respite needed by countless travelers before continuing on a long journey north or south. The Hampton Inn by Hilton will be the forerunner in the Ukiah hotel industry. There currently exists no facility in the area comparable to our project in terms of value. In addition to an adjacent upscale restaurant, the Hampton hm by Hilton will offer 75 units with over-sized rooms. Room configuration includes 14 Jacuzzi-fireplace suites, 25 business suites, and 4 ADA compliant rooms. All rooms will tender king or queen size beds, all with either spacious balconies or patios. Most rooms will open to a beautiful 105 ft. by 105-ft. interior courtyard, featuring a large pool, covered but open at one end with a spa. A large vine-covered pergola will be featured at the south end of the pool patio area for shaded seating. Also provided for our guests will be landscaped walking paths, shaded by fruitless olive trees and traversing two small streams, one by an arched bridge. Guest-controlled electronically locked gates will lead to the adjacent restaurant, which includes an extensive outdoor seating area and will provide both room and pool service to the hotel. Each room will have cable TV with remote control, and a state-of-the-art system featuring in-room movies and electronic games. Such a distinction will be the only one of its kind in Ukiah. The furniture and furnishings in every room will be top quality, maintaining an atmosphere commensurate with the Wine Country/Victorian theme. Other prominent amenities in addition to the heated indoor/outdoor pool and spa include a large exercise room, a business center, an elevator to the second and third floors and a large and complete guest laundry. The Hampton by Hilton will feature a large lobby with fireplace, afternoon sitting area, and breakfast area from which full view of the lush landscaping and water features can be enjoyed through the large expanse of glass along the south lobby perimeter. An important amenity is the 1250 square foot conference room adjacent to the kitchen for business meetings or social gatherings. The Hampton by Hilton will offer a complimentary late afternoon wine tasting featuring a local winemaker-of-the-lnonth. PROPOSED UIK~H HAMPTON INN by HILTON The Hampton Inn by Hilton Complex has many features that are unique to Ukiah and the surrounding area. Below we have listed many features, some of which are unique to our project: AAA Three + Diamond Rated Front Desk Open 24 Hours Luxuriously Appointed Lobby with Fireplace and Seating Area Overlooking Courtyard Upscale Restaurant and Lounge with Room and Poolside Service Available 75 (First Phase) Oversized Custom Appointed Rooms Most Rooms Facing Landscaped Pool-Courtyard Area All Rooms Feature Balconies or Patios 25 Executive Business Suites with Computer Stations, Data Ports, and Reclining Lounge Chairs 14 Extra-Large Rooms with Fireplace and Jacuzzi 4 ADA Compliant Rooms Microwaves and Refrigerators in All Rooms Two Conference Meeting Rooms-One With Over 1200 Sq. Ft. and Adjacent Kitchen All Rooms Air Conditioned Fire Sprinkler System throughout Entire Property 24 Hour Security Coffee And TV Lounge Adjacent To The Lobby-Open 24 Hours Complimentary Afternoon Wine Tasting Featuring Local Winery-Of-The-Month Elevator for Guest's Convenience Complete Exercise Facility Spacious Indoor Spa Guest Business Center Complete Guest Laundry Indoor-Outdoor Year-Around Heated Pool Oversized Patio Area with Umbrella Covered Tables 105' by 105' Pool/Patio Courtyard With Water Features, Walking Paths, Streams, and Ponds, Arched Bridge, Large Vine-Covered Pergola, Gazebo, and Luxuriant Landscaping. Cable TV and HBO State-Of-The-Art Movie System with Electronic Video Games 90% Of Rooms Non-Smoking All Ukiah Hampton Inn Rooms Will Feature: In-Room Coffee Makers Hair Dryers Iron and Ironing Boards Refrigerators and Micro-waves Desks with Separate Phone AM/FM Clock/Alarm Radio Free Local and Credit Card Phone Calls Queen or King Size Beds Top Quality Victorian Flavor Solid Wood Furniture Floor-To-Ceiling Draperies in Most Rooms Luxury Suites Phone System with Wake-Up, Voice Mail, Message Waiting, Etc. Premises Professionally Landscaped and Installed With Automatic Watering Complete Laundry Facility All Facilities ADA Compliant MINUTES CITY OF UKIAH PLANNING COMMISSION July 26, 2000 MEMBERS PRESENT Eric Larson, Chairman Judy Pruden Mike Correll Jennifer Puser Joe Chiles OTHERS PRESENT Gary Akerstrom Mark Watson Deborah Watson STAFF PRESENT Charley Stump, Planning Director Dave Lohse, Associate Planner Cathy Elawadly, Recording Secretary MEMBERS ABSENT None The regular meeting of the City of Ukiah Planning Commission was called to order by Chairman Larson at 7:02 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. 3. SITE VISIT VERIFICATION Chairman Larson polled the Planning Commission and determined each had made the required site visit. 4. APPROVAL OF MINUTES - Regular Meeting of July 12, 2000 Commissioner Pruden recommended the following changes to the minutes: Page 5, Paragraph 4, first sentence, reads, "Mr. Lohse advised that the Downtown Revitalization Guidelines do not illicit strict requirements and these Guidelines favor Iow- level screening wherein no quantifiable number of vegetation is necessary," be amended to read, "Mr. Lohse advised that the Downtown Revitalization Guidelines do not contain strict requirements and these Guidelines favor Iow-level screening wherein no quantifiable number of vegetation is necessary." Page 7, Paragraph 6, first sentence, reads, "Commissioner Pruden recommended the Commission review staff's project recommendations to include project setbacks, reorientation, fence height, and other relative issues," be amended to read, "Commissioner Pruden recommended the Commission review staff's recommendations to include project setbacks, reorientation, fence height, and other relative issues." Commissioner Correll recommended the following change to the minutes: Page 11, Paragraph 4, reads, "Commissioner Correll questioned why the restroom is located on the south side, which is a hidden area?" be amended to read, "Commissioner MINUTES OF THE PLANNING COMMISSION Page ! /'~ July 26, 2000_ ......-- Correll questioned why the restroom is located on the south side, which would create a hidden area?" Commissioner Puser recommended the following change to the minutes: Page 7, Paragraph 1, reads, "Ms. Puser inquired as to the number of gallons containing chemicals to be stored on site?" be amended to read, "Ms. Puser inquired as to the number of gallons of chemicals to be stored on site?" ON A MOTION by Commissioner Correll, seconded by Commissioner Puser, it was carried by an all AYE voice vote to approve the July 12, 2000 minutes, as amended. 5. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS. No one from the audience came forward. 6. APPEAL PROCESS Chairman Larson read the appeal process to the audience. For matters heard at this meeting, the final date for appeal is August 7, 2000. 7. VERIFICATION OF NOTICE Staff reported Airport Industrial Park Planned Development Ordinance Amendment No. 00-18, Minor Variance Application No. 00-31, and Major Site Development Permit No. 00-26 were legally noticed in accordance with the provisions as outlined in the City Municipal Code. 8. PROJECT REVIEWS 8A. Airport Industrial Park Planned Development Ordinance Amendment No. 00-18~ as submitted by Gary Akerstrom, to add Highway Commercial Land uses to the list of allowed uses in the Professional Office land use designation for the AlP Ordinance and remove the requirement that all development projects include a viable office development component. Located at the Airport Industrial Park (Assessor's Parcel Nos. 180-070- 24,25,26,27,28, and 29); Zoned PD-Professional Office. 8B. Minor Variance Application No. 00-31~ as submitted by Mark Watson for Hampton Inn~ to allow the required front yard setback for a three-story hotel that would be constructed along Airport Park Boulevard to be reduced from 25 feet to 17.25. Located in the Airport Industrial Park~ at 1160-1180 Airport Park Boulevard (Assessor Parcel Nos. 180-070-25 and a portion of 180-070-26); Zoned PD-Professional Office. 8C. Major Site Development Permit No. 00-26 as submitted by Mark Watson for Hampton Inn to allow the construction of a three-story hotel with 7~; ;;uestrooms in the Airport Business Park. Located at 1160 Airport Park Boulevard (Assessor Parcel Nos. 180-070-25 and 26 portion); Zoned Airport Industrial Park Planned Development-Professional Office land use desi_~nation. MINUTES OF THE PLANNING COMMISSION Page 2 July 26, 2000 Planning Director Stump reported the first agenda item includes the approval of the proposed Airport Industrial Park Planned Development Ordinance Amendment No. 00- 18 recommending to the City Council that Highway Commercial land use be added to the list of allowed uses in the Professional Office land use designation as provided for in Ordinance No. 1024. This Ordinance is the established governing provision for the Airport Industrial Park Planned Development. The modified amendment would allow the deletion of language relevant to Section 11(B)(2)(b) of the AlP Ordinance that requires all development projects incorporate a viable office development component. He noted other Amendment modifications intended for internal consistency would allow the term "hotels and sit-down restaurants" as allowed land uses in the Professional Office Land Use Designation and would eliminate the requirement for all projects proposed on land in the Professional Office Land Use Designation to have a viable office development component. Mr. Stump reported the second agenda item includes approval of Variance No. 00-31 allowing the proposed hotel structure to be constructed approximately 17.5 from the right-of-way for Airport Park Boulevard instead of the 25-foot wide setback as provided for in the existing Ordinance, Section 11(G)(3). Mr, Stump reported the third agenda item includes the approval of Major Site Development Permit No. 00-26 allowing for the construction of a three-story hotel encompassing 75 guestrooms on a 1.49 acre site. Mr. Stump stated that regardless of the Commission's decision to the City Council relative to the Ordinance Amendment, staff recommends the Commission proceed with the proposed Variance and the Site Development Permit actions despite the possibility the Commission may deny approval of the Amendment. This consideration would then allow the City Council to proceed with an Ordinance Amendment decision wherein the Commission's action on the Variance and Site Development Permit applications would be on record. Furthermore, this condition would allow the City Council to hear appeals in the event the Commission disapproves the applications for the proposed Variance and the Site Development Permit. He noted the existing conditions suggest that if the Commission recommends approval of the three aforementioned agenda items, then the approval entitlements would be contingent upon the Council's favorable action on the Ordinance Amendment. Associate Planner Lohse reviewed the Staff Report and reported the Planning Department recommends approval of Airport Industrial Park Planned Development Ordinance Amendment No. 00-18 with Findings Nos. 1-4, on the grounds the proposed hotel use would be consistent with the highway commercial uses located on the parcels to the east and with other commercial office and retail uses to the north and southeast. Staff noted the PD Ordinance Amendment would allow a hotel in this portion of the AlP since this highway commercial type use would be close to the freeway wherein such users would be expected to utilize the facility. Staff recommends approval of Variance No. 00-31 with Findings Nos. 1-3 on the grounds the proposed setback distance would not be a grant of special privilege and is required due to the relatively narrow width of the proposed site. Staff recommends approval of Major Site Development No. 00-26 with Findings Nos. 1-8 and Conditions of Approval Nos. 1-46 on the grounds the hotel development would be consistent with the allowed uses, development standards, and MINUTES OF THE PLANNING COMMISSION Page 3 July 26, 2000 design requirements for the proposed revised Airport Industrial Park Planned Development. The Planning Report referencing the aforementioned agenda items specifically provides for a comprehensive study analysis of the project to include project description incorporating site/building design concepts, landscape and lighting plans, consistency allowances for the General Plan and Planned Development Ordinance, compliance with the development standards pertinent to minimum/maximum lot requirements and coverage, minimum/maximum building setbacks and height issues, Ukiah Airport Master Plan consistency requirements, public utility easements, sidewalk requirements, bicycle lanes, developmental integrations, and an extensive traffic study for the area. Mr. Lohse drew attention to compliance with the PD Ordinance development standards to include the minimum building setback requirement of at least 25 feet along the entire public street frontage within the AlP wherein a Variance was necessary since the east wall of the proposed hotel would be only 17.5 feet from the right-of-way for AlP. Approval of the Major Site Development Permit would allow the hotel construction and the development of a 76 space parking lot, a large outdoor pool and recreation area with pedestrian-type amenities and extensive landscaping along all the project site perimeters. He clarified the fence along the western property line would be ten feet in height rather than six feet for visual screening purposes from the industrial uses of the adjacent property. Staff determined the project Findings were consistent with the Environmental Impact Report prepared for the AlP. Staff also determined the project was in full compliance with the development standards and the design guidelines as set forth with the Airport Industrial Park Ordinance. The proposed hotel layout was well conceived and would provide highly suitable vehicle and pedestrian access. The project would allow the direct connection with the sit-down restaurant that may potentially be developed on the parcel to the south. Staff was impressed with the building design and materials selected for the construction. While the project site may not be the most ideal location for an up-scale hotel, it would provide freeway exposure and it would be in close proximity to compatible land uses including the existing retail/commercial uses. Staff noted the City is reaching build-out capacity and there is not a large vacant parcel available for this type of development. Mr. Lohse specifically drew attention to the General Plan consistency, noting the Master Plan designation assigned to the AlP is governed by the AlP Planned Development Ordinance. The most recent Ordinance modification for the Professional Office land use designation does not include hotels, motels, or other transient residencies on the list of allowed or permitted uses, but Ordinance Amendment No. 00- 18 would include hotels in the list of allowed uses in the Professional Office designation and would delete the requirement that all development projects include an office development component. The Professional Office land use designation was originally assigned to all the properties between Talmage Road and Hastings Road that are west of the AlP in order to ensure there would be a viable business and professional office component within the AlP. This area was designated during a time when the majority of lands in the AlP were limited to industrial or retail commercial land designations in which the only ancillary office uses were allowed. However, the City Council recently approved a mixed-use designation allowing professional offices to be developed throughout large areas of the AlP wherein the need to reserve specific areas for office uses was no longer considered a critical component of the AlP Planned Development. Staff noted since the City Council's adoption of the mixed-use designation to the south of the AlP, the entire MINUTES OF THE PLANNING COMMISSION Page 4 July 26, 2000 area on the west side of Airport Park Boulevard is now opened to Professional Office development, which would be an area more consistently developed in this manner particularly if this area is in some sort of support capacity for an industrial or commercial user. Planning Commission questions to Planning Staff: Commissioner Pruden inquired regarding the project perimeters. Mr. Lohse replied there would be a vacant lot located between the proposed project site, and the office to the north would directly abut with the lumberyard. Ms. Pruden inquired according to the Parcel Map whether the long, narrow parcel immediately to the west was considered to be a part the lumberyard parcel? Staff replied affirmatively and noted the three parcels shown on the Parcel Map adjacent to the railroad tracks in addition to the long, narrow parcel belong to the lumberyard. Commission Puser drew attention to page 9 of the Staff Report regarding the traffic report and inquired whether the vacant rate should be referred to as occupancy rate? Staff replied affirmatively and staff noted there exists no definitive number with regard to the average hotel occupancy rate in Ukiah. He briefly elaborated on the various measures and reference manuals utilized in the traffic studies. Ms. Puser inquired regarding the figures for the transit occupancy tax and whether this rate has increased? She further inquired whether the annual gross receipt amount was known? Mr. Stump replied the rate is currently eight percent. He further replied staff did not have the annual gross receipt figures. Chairman Larson replied the City receives approximately $240,000 in revenue generated from the aforementioned tax and no annual comparison figures were available. It was noted the development of new hotels would increase City revenue in this capacity. Commissioner Chiles inquired whether the project light standards had been approved by Airport Land Use Commission? It was noted Airport staff does not anticipate problems associated with the proposed lighting plan. Lighting incorporating a cement base to raise light standards higher would not be acceptable. The lights would be implemented at the height demonstrated on the plan, which would provide an overall lower light. Mr. Chiles inquired whether staff considered incorporating into the Plan a "lantern type" light, non-glowing/non-upward emitting lighting concept? Staff replied negatively and indicated the proposed type of lamps produce Iow wattage and this wattage issue has been addressed in the Lighting Plan Conditions of Approval. MINUTES OF THE PLANNING COMMISSION Page :5 July 26, 2000 Chairman Larson inquired whether a Variance would be required relative to the meandering sidewalk? Staff replied negatively and staff noted this aspect could be an amendment to be approved by the Commission. It was noted only a setback requirement would necessitate a Variance wherein such a requirement is not considered a subjective issue. A meandering sidewalk would be considered a subjective issue. Staff further noted although the meandering sidewalk issue is in the development codes contained for the AlP, there is no provision for a variance. If the Commission desired to support the applicants' request to have a straight sidewalk on the street, the Commission would have to amend the Code in order to achieve this objective. PUBLIC HEARING OPENED: 7:23 p.m. Mark Watson, 8000 Feliz Creek Road, Hopland, applicant, presented a project overview and as managing partner for Redwood Empire Lodging, he represents the developers of the proposed Hampton Hotel by Hilton. He introduced Mr. Jacobs as the finance director for Hilton International, Mr. Boyle as the Associate Builder, and Deborah Watson as the Landscape architect. He indicated the marketing strategies and/or site investigations encompassed many research hours. He reported the up-scale lodging facilities are generally located and preferred by guests in close proximity to other major services wherein the AlP is considered a major developing services area. Guests also prefer easy freeway accessibility as well as convenient accessibility into the Downtown. He briefly elaborated on Ukiah's other entertainment/service amenities that would potentially appeal to hotel guests. He advocated the hotel would operate closely with the City's Conference Center since he anticipates the facility to be used by the professional/corporate clientele in addition to the leisure traveler. He specifically noted, the Hampton Inn Hotels are used extensively by corporate clients. He further noted the hotel would employ approximately 39 persons in various employment capacities. He addressed the lighting issue wherein there would be sufficient parking lot lighting and all other associated lighting would be considered subtle muted lighting. There would be five bulbs on each fixture containing 15 watt frosted florescent, which is the equivalent to 40 watt incandescent. He noted with the tree species and proposed mature canopy height, all the lighting would be screened in a couple of years. Commissioner Correll inquired regarding the signage wherein he indicated the Commission has established a signage dimension pattern within the AlP and whether the applicants would be amenable to adjusting the dimensions to be compatible with the other approved projects. Mr. Watson replied changing the signage would be a difficulty because each proposed sign has a particular function. He would be amenable to reducing the Hampton sign by two feet, but altering the other signage would be a hardship. He discussed the sidewalk issue and noted the PD Ordinance contains language relevant to curvilinear sidewalks. He advised the proposed straight course sidewalk does contain curbs along the entire project frontage to incorporate a Iow brick landscaped wall with a Iow brick post every 20 feet. It is the applicants' contention that a curvilinear sidewalk would decrease the privacy and increase noise exposures for persons occupying rooms on the east side of the hotel and, therefore, a straight course for this path is proposed instead of the curvilinear path required in the PD Ordinance. The applicants further contend that a MINUTES OF THE PLANNING COMMISSION Page (~ July 26, 2000 curvilinear sidewalk would be more difficult for persons with disabilities to navigate since it would extend travel distances and limit lines of sight. Proposed alternatives supporting the straight course sidewalks are specifically addressed in the applicants' project description by a nonprofit consulting firm specializing in disability/accessibility issues. He reported on other project sidewalk accessibility issues in the public areas and indicated that although these pedestrian pathways were in compliance with ADA standards, there have been legal proceedings associated with this aspect. He commented incorporating sidewalks with curves does adequately satisfy the sidewalk requirements for the Airport Park Boulevard frontage. He addressed the accessibility issue relevant to straight course sidewalks versus meandering sidewalks in correlation to the handicapped wherein meandering sidewalks could potentially become a liability issue. A brief discussion followed regarding hotel future employment opportunities and the potential wage scales for these opportunities. Chairman Larson noted the City Engineer requires a certain amount of street trees and inquired what measures the applicants proposed in order to accommodate the street trees without curving the sidewalk around them? Mr. Watson indicated the street tree compliance would be accommodated on the west side of the sidewalk. Mr. Larson conducted various sidewalk observations during the site visit in order to justify applicants' rationale for implementation of a straight sidewalk as opposed to curvilinear. He does not support abandonment of the curvilinear sidewalk concept wherein a meandering sidewalk could be effectively designed without causing substantial obstructions or greater distances to persons traveling in wheelchairs or by other assistance devices. He does not support the concept that a meandering sidewalk would create an impact to the guests in the east-facing rooms. He questioned applicants' argument for this potential impact when the hotel would front a busy street with a reduced setback wherein people passing by on foot or in a wheelchair would create any more of an impact than the fast moving traffic or the impacts created from the adjacent lumber mill and/or the activities created from the commercial/retail developments across the street. Mr. Watson replied there would be no units that face the adjacent lumberyard and the east-facing rooms would incorporate balconies and patios. He commented on the Airport Boulevard traffic and indicated it was considered normal, non-intrusive traffic according to his project marketing studies. He considers an existing sidewalk meandering into the inner portions of a hotel area to be intrusive. It was his experience that most guests are more active in the evenings than in the daytime and do not consider nearby commercial/retail facilities to be obtrusive. He indicated, according to his project consultants, that 97 percent of all sidewalks are not meandering. He stated a sight impaired person learns to navigate along planes. Mr. Larson noted there would be no pedestrian access into the facility from the street sidewalk and inquired whether the applicants plan to connect the pedestrian access from the sidewalk to the facility. MINUTES OF THE PLANNING COMMISSION Page 7 July 26, 2000 Mr. Watson stated the guests entering from the sidewalk area would normally walk from the entrance driveway and access a sidewalk. Commission Puser inquired whether a pedestrian walkway was a project requirement? Staff replied a link between the sidewalk and the front walkway is required by Ordinance, which would prevent guests from utilizing the parking lot for accessibility purposes. Ms. Puser stated the AlP does not provide existing entertainment nor specialty shops/restaurants and whether the applicants considered this situation. Mr. Watson commented some of the aforementioned amenities and/or services may be provided for in the future. A brief discussion followed regarding the pro's and con's of planting olive trees on the site. Deborah Watson, Hopland, applicant and Landscape architect, presented a brief synopsis pertinent to the Landscape Plan wherein specimen trees would be utilized for the project. She drew attention to the Landscape Plan and noted the proposed conifers to be planted. She considers tourism to be the best, clean light industry that benefits communities as well as local proprietors. Mr. Larson commented street trees are generally referred to as trees, which provide some canopy on the street. It was noted a final landscaping plan was not submitted with the application, but the conifers located on northeast portion of the property is accurate. A general discussion followed regarding other hotel/resort locations in the area. Gary Akerstrom, Civil Engineer, Ukiah, reported, in terms of the PD Ordinance, when the Airport Industrial Park was formulated and developed, all properties north of Hastings Road or Commerce were initially designated Highway/Commercial on the east side and Office/Commercial on the west side. Since the Park's development, the Highway/Commercial usage is the only land use designation remaining and incorporates 1.39 acres, which constitutes the gas station and Jack-in-the-Box. Currently, the land use designation on the east side is zoned Commercial and the land use designation on the west side is zoned Professional Office wherein the lumberyard is considered a non- conforming use. He stated allowance of land use designation as Highway/Commercial on part of the eastern portion of said Park, is in keeping with the original plan for the Airport Industrial Park. He noted there would be some areas within the Park that will remain designated as Professional Office to include the Redwood Regional Center. He stated the street trees were planted in accordance City Ordinance requirements. The Redwood Business Park submitted an entire plan demonstrating a substantial use of conifers particularly redwood trees to be located within the AlP. The City utilizes application of standard Plans 601 and 602 relevant to street trees, which provide that such trees be planted adjacent to the curbing next to the street. He stated this concept is not conducive wherein there exists a driving lane adjacent to the curbing and adequate space must be given for truck and street tree clearance. He advocates street trees planted within three or four feet of the curb would be in jeopardy of being hit by MINUTES OF THE PLANNING COMMISSION Page 8 July 26, 2000 vehicles. Street trees planting should not interfere with the existing underground utilities, which are located immediately behind the curbing. Planting street trees in pipes is also not feasible due to drainage problems in the area. He recommended application of City street tree standards 601 and 602 not be implemented for projects. He also recommended Condition of Approval No. 12 be deleted since the Redwood Business Park has an established planned development Landscaping Plan for the AlP wherein street trees do not necessarily need to be specified. He indicated Condition of Approval No. 17 is not relevant to the project since the capital improvement fees for the parcels have been waived and no fees are due. It was noted a special settlement agreement exists between the City and Redwood Business Park, which provides that no capital improvement fees are due for certain parcels. Staff recommends that Condition of Approval No. 17 remain as a matter of record wherein capital improvement fee compliance is required. This compliance has been fully satisfied. A general discussion followed regarding the street tree issue in the AlP. Commissioner Puser inquired regarding the potential for increased traffic problems and associated safety issues in the area. Staff addressed the condition of Talmage Road, which is a state owned highway. The City has advised Caltrans that Talmage Road requires maintenance/repair in order to comply with City street standards. The City desires not to incorporate this road as a City street unless the road is repaired according to City standards. Staff does not anticipate increased traffic/safety problems associated with this particular project that would create impacts to be mitigated off-site. The Capital Improvement Fee program pertinent to traffic improvements is assisting in this regard. Commissioner Correll questioned whether the setback on the west side could be at zero lot line. Staff replied affirmatively by Ordinance definition. Lyn McNamara, Ukiah, Real Estate Broker, supports the project and stated the community would benefit from this project. PUBLIC HEARING CLOSED: 8:19 p.m. Planning Commission Discussion: Commissioner Pruden stated although the project is well designed, she supports incorporating the meandering sidewalk concept as well as incorporating street trees into the project. She does not favor the proposed project signage height and stated the AlP is not the ideal location for a project of such magnitude. She does not support the PD Ordinance amendment. Mr. Stump advised the meandering sidewalk issue should not be perceived as a complicated matter whereupon the straight course sidewalk would be acceptable provided there exists some curvatures for character purposes. He supports planting MINUTES OF THE PLANNING COMMISSION Page 0 July 26, 2000 street trees out of the public utility zone. Staff would work with the applicants regarding an acceptable Final Landscape Plan. There was Commission discussion regarding certain precedence provided for in other projects relative to setback issues, sidewalk/pedestrian accessibility, landscaping/lighting concepts and signage height matters, to which the Commission desires to maintain this established project consistency. The Commission's intent is to avoid making compromises on the aforementioned issues in order to accommodate the desires of each applicant. It was noted most of the Commissioners supported the proposed Variance. Commissioner Chiles proposed incorporating a sidewalk encompassing curvatures along with a planter adjacent to the curb and in order to comply with ADA requirements, the sidewalk could be set back further from the curb. Ms. Pruden reported ADA is subject to Civil Code requirements pertaining to sidewalk widths, grades, and levels as opposed to whether the sidewalk is straight or meandering. Mr. Chiles suggested removal of the "reader board" on the Hampton Inn sign would allow for an appropriate signage height, which would be in compliance with the other approved projects in the AlP. It was noted an eight-foot signage height limit was approved for the Ken Fowler project and this project consistency should be applied to the Hampton Inn project. Mr. Larson indicated meandering sidewalks are required by the PD Ordinance and an amendment must be proposed in order to delete this requirement. He further indicated if a full setback for this project were anticipated, there would be sufficient room for the sidewalk to meander. He supported the concept that some degree of meandering sidewalks are necessary and appropriate and he recommended introducing curbside landscaping techniques in order to mitigate the straight line visual sidewalk impacts. There has been a great deal of safety discussion relative to implementing sidewalks directly adjacent to travel lanes. He noted since a Variance is likely to be granted, integrating pedestrian landscaping and/or other amenities would be appropriate. Mr. Larson stated given the property constraints, the applicants chose to develop a sizeable hotel on the site, which does not adequately provide justification for a Variance on the setback. He did not have a problem with the setback, itself, but he did not support the Findings associated with the proposed Variance. He noted approval of the Variance would be a grant of special privilege wherein staff's argument contends that lesser setbacks exist within the City, but not within the AlP wherein those setbacks are specifically part of the ^IP Planned Development Ordinance. He noted prior approved AlP projects complied with the Ordinance setback requirements. The situation being if the proposed site were ideal, the notation of requiring a Variance would be contradictory. It was noted the site's Commercial zoning does allow for a zero lot line whereupon the project could potentially be moved further west, thus eliminating the necessity for a Variance provided no setback is required for the back side of the property. It was noted the backside of the property would be utilized as a service and maintenance quarters. MINUTES OF THE PLANNING COMMISSION Page ]0 July 26, 2000 Mr. Lohse stated even though no setback is required for the project, it actually enhances the design because it does not place guests directly overlooking the property to the west. The PD Ordinance allows for the construction of a 10-foot high fence to be developed on the west side. The Ordinance provides for a six-foot standard fence height allowance, but a higher fence standard is acceptable provided it is approved as part of the Site Development Permit process and there is no variance or other discretionary review requirement necessary. There are no special provisions within the PD Ordinance for the AlP regarding fence heights and fence criteria is not governed by the Municipal Code for this area. There was a brief discussion regarding the proposed lighting concept and it is the Commission's preference that lighting be shielded and directed downward. Staff supports the applicants' high standard lighting approach, which includes Iow intensity lighting features designed to be directed toward the ground. However, some of the lighting fixtures would emit light outward and upward. Staff incorporated Condition of Approval No. 20 to ensure that lighting would not be extended skyward or shine off the site. Mr. Larson supports the overall project lighting features and fixtures/globes, and is hopeful the applicant would be able to uniformly incorporate internal shielding globes reflecting the bulk of the light outward and downward rather than upward. A discussion followed whether a project condition should be imposed requiring the applicants to maintain a particular wattage and frosted globes to prevent lighting impacts. Mr. Larson was not supportive of the proposed PD Ordinance Amendment and he also would be supportive of an amendment deleting Professional Office and Industrial uses within the Park, since these land uses would probably not be used to any significance in the future. The AlP is no longer to be considered an industrial park since it has become primarily a retail/commercial area. Mr. Chiles inquired whether the planters between the two driveways would require a meandering sidewalk or will the sidewalk extend to the curb at this point. Mr. Stump replied the sidewalk would extend to the curb, since it is considered a very short distance. Ms. Pruden did not support the Ordinance being triggered by projects. Mr. Stump commented the reason for not recommending the proposed amendment to the Ordinance should not be based on the premise, "it is just another amendment to the PD Ordinance." He further commented, "holding the project at bay because the Commission does not want to amend the Ordinance again," would not be fair and/or reasonable. Ms. Puser indicated the AlP history demonstrates that land use designations were modified to reflect the necessities of a particular project. Although there exists the possibility that office space would be lost, there is plenty of office space located in the Downtown. She further noted the last time the City Council overturned the Planning Commission's recommendation for AlP zoning, it added more office space, which from a MINUTES OF THE PLANNING COMMISSION Page ! ! July 26, 2000 4-// planning perspective, was pointless. She stated a hotel/restaurant does not belong in an industrial park and argued the Park is no longer industrial. Mr. Stump reminded the Commissioners the amendment's objective is not to usurp any industrial land for any high tech companies in lieu of Professional Office use. He understands that the Commission has been concerned about Professional Office uses in the AlP. He noted if the Commission desires not to have Professional Office in the Park, the argument-supporting visitor serving commercial is valid for this particular property where the Professional Office use has been designated. He noted the proposed Highway/Commercial use would be conducive zoning for the particular area as opposed to Professional Office land use designation. Mr. Correll expressed his concern regarding the AlP land use designation changes and stated past changes affect land use direction for future projects. Mr. Larson was not supportive of the project's location. ON A MOTION by Commissioner Chiles, seconded by Commissioner Correll, it was carried by the following roll call voice vote to recommend approval of Airport Industrial Park Planned Development Ordinance Amendment No. 00-18, based on Findings Nos. 1-4, as outlined in the Staff Report, and as discussed above. AYES: NOES: ABSTAIN: ABSENT: Commissioners Correll and Chiles Commissioners Puser, Pruden, and Chairman Larson None None ON A MOTION by Commissioner Pruden, seconded by Commissioner Chiles, it was carried by the following roll call vote to approve Variance No. 00-31, based on Findings Nos. 1-3, as outlined in the Staff Report, and as discussed above. AYES: NOES: ABSTAIN: ABSENT: Commissioners Correll, Chiles, Puser and Pruden Chairman Larson None None It was noted approval of the Variance and Major Site Development Permit are contingent upon City Council's adoption of the PD Ordinance Amendment. Mr. Lohse recommended the following Major Site Development Permit Condition of Approval modifications: Condition of Approval No. 12 would remain the same as written, but staff will consult with the City Engineer to ensure the standard drawings would be the most effective way to plant and to investigate whether the proposed plantings would create problems for the trees. Condition of Approval No. 17 would be reviewed by staff. Condition of Approval No. 20 shall be modified to read: A Landscaping and Lighting Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of MINUTES OF THE PLANNING COMMISSION Page ]2 July 26, 2000 Occupancy for the building. This plan shall include, but not be limited to the following: a. A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation, including required street trees in the setback abutting Airport Park Boulevard; b. A planting schedule for all vegetation installed on the site; c. A maintenance and watering schedule for all vegetation; d. A lighting plan for exterior lighting installed or otherwise used on the site that includes bulb wattages that are sufficiently Iow and light globes that are frosted and/or shielded to ensure excessive levels of light do not shine skyward; e. The location dimensions for the meandering sidewalk adjacent to Airport Park Boulevard and pedestrian linkage with public sidewalk along Airport Park Boulevard. Condition of Approval No. 44 shall be modified to read, "Prior to the final inspection of the building, and issuance of a certificate of occupancy, the applicants shall submit a Recycling Plan for all recyclable materials, if any, the hotel will generate during its operation." Existing Condition of Approval No. 46 shall be renumbered as Condition of Approval No. 27 and the proposed Condition of Approval No. 46 shall read: "The approval of the Site Development Permit is contingent upon the City Council's adoption of the Airport Industrial Park Ordinance." Condition of Approval No. 48 shall read: "The freestanding signs shall be limited to a maximum height of 8 feet from grade." There was a motion made to approve Major Site Development Permit No. 00-26, based on Findings Nos. 1-8 and Conditions of Approval Nos. 1-48. There was also another motion to amend the motion. There was a further motion to amend Finding No. 1 as recommended in the discussion below. Staff noted it was not necessary to vote on the motion to amend the motion wherein a Commission agreement would suffice. Chairman Larson inquired whether Site Development Permit Finding No. 1 could be deleted. Planning Director Stump replied a General Plan consistency Finding cannot be deleted, but recommended consistency language contained in the Finding to read "Airport Industrial Park Planned Development Ordinance, as proposed for amendment." ON A MOTION by Commissioner Pruden, seconded by Commissioner Puser, it was carried by an all AYE voice vote to approve Major Site Development Permit No. 00-26, based on Findings Nos. 1-8 and Conditions of Approval Nos. 1-48, as outlined in the Staff Report, and as recommended and discussed above. Commissioner Pruden commented the zoning land use designation issues for the AlP have been ongoing and complicated. She preferred the hotel be located within the Downtown corridors so that many of the Downtown services could be utilized and enjoyed by the clientele. MINUTES OF THE PLANNING COMMISSION Page ]3 July 26, 2000 9. ELECTION OF CHAIRMAN AND VICE CHAIRMAN The Commission elected to postpone this agendized item until the next regular meeting. 10. A. B. C. PLANNING DIRECTOR REPORTS City Council and Redevelopment Agency Actions Future Planning Commission Agenda Items Status Report Planning Director Stump briefly reported on upcoming projects to be reviewed by the Planning Commission. He reiterated the Planning Commission's budget for training seminars was approved by City Council. He advised staff is formulating a landscaping plan example, outlining specific landscaping elements which would provide applicants with necessary landscaping plan information and recommendations. It is anticipated this process should provide staff as well as the Commission with improved project landscaping plans. 11. PLANNING COMMISSION REPORTS The Commission recommended applicants be required to submit site development plans incorporating further detail relative to concise property line delineations, traffic circulation and parking, landscaping/pedestrian access and other pertinent plan characteristics. 12. ADJOURNMENT There being no further business the Planning Commission adjourned at 9:44 p.m. Eric Larson, Chairman Cathy Elawadly, Recording Secretary MINUTES OF THE PLANNING COMMISSION Page ]4 July 26, 2000 ITEM NO.: .... 9c DATE: August 16, 2000 AGENDA SUMMARY REPORT SUBJECT: APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL NO. 48 FOR MAJOR SITE DEVELOPMENT PERMIT NO. 00-26 SUMMARY: On July 26, 2000, the Ukiah Planning Commission voted to recommend City Council denial of proposed amendments to the Airport Industrial Park (ALP) ordinance that would establish hotels and restaurants as "allowed" uses in the Professional Office land use designation. Although the Commission voted to recommend denial, it proceeded to consider a proposal to develop a three-story hotel on property located in the Professional Office land use designation in the event that the City Council approved the amendment. After conducting a public hearing, the Commission approved the Site Development Permit based on the Findings included in the Planning Report (Attachment No. 3), and subject to specific Conditions of Approval (Attachment No. 2). Imposed Condition No. 48 limits a proposed monument sign and all other freestanding signs on the site to a maximum height of eight feet (8'). This height limitation was imposed in order to limit the visual impacts associated with the proposed sign height of twenty-one (21') and to ensure consistency with the height requirements established during the approval process for the Fowler auto dealership being developed further south in the AlP. On August 2, 2000, applicant Mark Watson filed a timely appeal of the Planning Commission decision to impose the eight-foot height limit outlined in Condition No. 48, and is requesting that the maximum height limit for freestanding signs be set instead at eleven and a half feet (11.5'). The letter of appeal cites the specific reasons for the appeal, including the desire to incorporate a reader-board component and increased visibility from Talmage Road and Airport Park Boulevard. (Continued on page 2) RECOMMENDED ACTION: 1. Conduct a Public Hearing regarding the appeal of Condition No. 48, as imposed by the Planning Commission on Major Use Permit No. 00-26, and 2. Deny the appeal and retain Condition No. 48 as one of the required Conditions of Approval for Major Site Development Permit No. 00-26, as recommended by the Ukiah Planning Commission. ALTERNATIVE COUNCIL POLICY OPTION: 1. Approve the appeal and amend Condition No. 48 to allow a maximum sign height of 11.5 feet instead of the eight-foot high maximum sign height required by the Planning Commission. Citizen Advised: Publicly noticed according to the requirements of the Ukiah Municipal Code. Requested by: Mr. Mark Watson, Appellant Prepared by: Dave Lohse, Associate Planner Coordinated with: Candace Horsley, City Manager and Charley Stump, Planning Director Attachments: 1. Letter of Appeal from Mr. Mark Watson (with modified sign design) 2. Conditions of Approval imposed by Planning Commission 3. Planning Report for Major Site Development Permit No. 00-26 4. Draft Planning Commission Minutes, dated July 26, 2000 APPROVED: ~-"~an~la~;e Hor~-y~ity Manager ANALYSIS: The Planning Commission decision to impose the freestanding sign height limits outlined in Condition of Approval No. 48 is based on the Commission's concerns with adverse visual impacts and inconsistencies with the height of existing signs approved for use along Airport Park Boulevard. The potential for adverse visual impacts will be substantially reduced by the applicant's proposal to change the proposed sign height from 21 feet to 11.5 feet, which is only 3.5 feet higher than the eight-foot height limit required by the Commission. However, in staff's opinion, while the smaller sign height would reduce the most obvious and intrusive visual impacts, the sign would still be more visible and obtrusive than intended by the Planning Commission. The 11.5-foot height is also intended to allow a reader-board on the monument sign, but it is staff's opinion that this sign component is not necessary to provide either direction or information to the motoring public since the sign would be in close proximity to the hotel structure. Furthermore, while reader-board signs can be allowed within the AlP, they are prohibited in other areas of Ukiah because of their potential for distracting motorists. Therefore, staff does not find the applicant's desire for a reader-board to be a compelling reason for approving the taller sign proposed in the appeal. The Planning Commission also established the freestanding sign height of eight feet to ensure that the hotel signs would be consistent with the height of the freestanding signs allowed for the Ken Fowler automobile dealership. Mr. Fowler had requested sign heights of 17 and 30 feet, but was limited to a maximum height of eight feet for reasons similar to those cited by the Commission for this project. In addition to the Fowler signs, an eight-foot height was also established by the City Council for the monument sign on the Shell gas station located to the east of the project site. Planning staff also notes that the 44-50 foot high hotel structure will be highly visible to the motoring public, particularly once they have exited on to Talmage Road. Motorists will also be able to identify the hotel by means of the two building signs that would be installed on the northern and eastern walls of the building since the primary orientation would be toward the freeway and Talmage Road. These signs would have a total area of approximately 121 square feet, with the larger sign at approximately three feet high by twenty-seven feet wide and the smaller sign at approximately four feet high by ten feet wide. It is staff's opinion that this signage, coupled with an eight-foot high monument sign, is adequate for the project. Based on the analysis above, it is Planning staff's conclusion that the proposed 11.5-foot high monument sign and reader-board would be obtrusive and more than necessary for the identification of the hotel. It would also be inconsistent with the eight-foot height that has been effectively established as the standard for freestanding signs in the AlP. Therefore, staff recommends that the City Council deny the appeal and support the Planning Commission requirement that the monument sign height be limited to a maximum of eight feet. Page 2 of 2 Agenda Summary for Appeal of Condition of Approval for Major Site Development Permit No. 00-26 ATTACHMENT 1 REDWOOD EMPIRE LODGING 5550 Kenmar Road Fortuna, CA 9554z0 707-725-25 ! 8 August 1, 2000 City of Ukiah Planning Dcpartmem 300 Seminary Ave Ukiah, CA 95482 RECEIVED AUG 0 Z ZO01i (Il'/OF UKIAH P/-4NNING DEPT. Dear Planning Dcpaxtmcnt Staff: This letter constitutes an appeal of # 48 in the Conditions of Approval recommended by the Ukiah Planning Commission on July 26 with regards to our proposed Hilton Hampton Inn. The Hampton Inn signage with readerboard we had proposed was approximately 20 feet 6 inches hi.'gk, as per the attached diagram. The Planning Commission requested that the height of this signage be lowered to 8 feet. We understand thc City's determination to avoid tall, unattractive, commercial ."pole signs" throughout this highway commercial area, and commend the city for this stance. We would respectfully like to submit what we hope to be a workable compromise: lowering this sign to 11 sA feet, which comes very close to the height recommended by the Planning Commission, yet still allows us to include a readerboard. The design will be the same, with an attractive base of English Tudor brick that compliments the same material used judiciously on the hotel's facade, and situated in a lushly landscaped "island." According to market research provided us by Hilton. roughly one-half of our guests will be corporate/business. Our desire is to coordinate heavily with the City's fantastic Ukiah Valley Conference Center. A readcrboard not only welcomes our guests and their business visitors, but provides a point of interest to the community as well, noticing residents as to the diverse groups xdsiting their town. Mention was made of the fact that signage for the proposed auto dealership located at the south end of the Business Park was allowed at only eight feet in height. We cannot stress how important visible signage from Talmage is for guests coming to Ukiah and the Hampton Inn for the first time. Unlike the aforementioned auto dealership, we obviously do not have fieeway fiontage. Although this is desirable for a hotel in terms of noise reduction, it will be of the utmost importance that we have maximum visibility along Airport Park Drive as well as Talmage, particularly for guests entering town and attempting to locate the Hampton Inn after daylight hours. 08/02/2000 16'41 FAX 7077254912 ,. ~ OR D WATSON ~03 We thank you for your consideration of this matter. Sincerely, Mark Watson RECE ¥ED /\ "' ' 'To Y NOTE FROM PLANNING STAFF: No revised sign exhibit was submitted with the appeal, but the applicants have indicated that the sign will maintain the overall appearance of the sign above. Attachment 2 CONDITIONS OF APPROVAL For Major Site Development Permit No. 00-26 The Planning Commission approved the following Conditions of Approval on July 26, 2000, at a regular hearing for the project. The conditions that were added or modified by the Commission have been written in bold text. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Major Site Development Permit #00-26, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: All use, construction, or occupancy shall conform to the application approved by the Planning Commission, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission. . In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 4. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. . Building Permits shall be issued within two years after the effective date of the Site Development Permit, or it shall be subject to the City's permit revocation process and procedures. In the event the Building Permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. . The approved Site Development Permit may be revoked through the City's revocation process if the approved project related to the Site Development Permit is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. . Except as otherwise specifically noted, the Site Development Permit shall be granted only for the specific purposes stated in the action approving the Site Development Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. Major Site Development Permit No. 00-26 Page 1 of 5 ~. _ / o o 10. 11. 12. 13. 14. 16. 17. 18. Prior to the issuance of a building permit for the hotel structure, the Boundary Line Adjustment procedure and recordation of deeds for BLA #00-19 shall be completed. Prior to the issuance of a building permit for the hotel structure, the existing five-foot and twenty-five foot easements shall either be abandoned or revised such that the easements are located adjacent to the northern property lines established by the recordation of BLA #00-19, and the public utility easement required along Airport Park Boulevard shall be incorporated into all improvement plans. All easements shall be prepared by a licensed land surveyor and submitted to the City Engineer for approval and recordation prior to the issuance of a Certificate of Occupancy for any structure developed on the site. Prior to the issuance of a building permit for the hotel structure, improvement plans prepared by a licensed civil engineer shall be prepared for the proposed driveways, sidewalk, street trees, and other street improvements and submitted to the City Engineer for approval. An Encroachment Permit shall be obtained from the City by a licensed contractor prior to doing any construction within the public roadway easements. Encroachment permit fee shall be 1.5% of estimated construction costs payable for construction inspection. The portion of the improvement plans that are modified will be reviewed and an additional 1.5- % charge will apply to those portions of the work to cover the additional plan review necessary. Contractor(s) shall have a current City of Ukiah Business License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000) and current Workman's Compensation Certificate. All trees planted in the required public utility easement/setback fronting Airport Park Boulevard shall be considered street trees and shall be installed in accordance with City Standard Drawings 601 and 602 and a Street Tree Agreement shall be completed to define the maintenance for all landscaping within the planters adjacent to the Airport Park Boulevard street frontage and in street medians to the east of the project site. The property owner shall be responsible for maintenance and replacement of these trees in perpetuity. Prior to the issuance of a building permit, an On-site Grading and Drainage Plan that includes an Erosion and Sediment Control Component and a Drainage Study shall be prepared to demonstrate that the proposed drainage facilities are adequate. This report shall be prepared by a licensed civil engineer and shall be approved by the City Engineer. All on-site paving shall be a minimum of 2" (inches) of asphalt concrete with a 6" (inch) aggregate base, or, alternatively, any option approved by the City Engineer. All reports and plans submitted to the City Engineer for review and approval shall address required mitigation outlined in the certified Airport Industrial Park Environmental Impact Report (EIR). Capital improvement fees for the parcels comprising the project site shall be paid in accordance with City Resolution No. 2000-13, or as otherwise required. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. Conditions of Approval Required by Planning Commission for Major Site Development Permit No. 00-26 Page 2 of 5 19. All signs shall comply with the approved Sign Program. Additional signage or major alterations to the approved signs shall be submitted for the review and approval of the Planning Director. 20. A Landscaping and Lighting Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of Occupancy for the building. This plan shall include, but not be limited to the following: ao A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation, including required street trees in the setback abutting Airport Park Boulevard; b. A planting schedule for all vegetation installed on the site; c. A maintenance and watering schedule for all vegetation; and do A lighting plan for exterior lighting installed or otherwise used on the site that includes bulb wattages that are sufficiently Iow and light globes that are frosted and/or shielded to ensure excessive levels of light do not shine skyward. eo The location and dimensions for the meandering sidewalk adjacent to Airport Park Boulevard and pedestrian linkage with the public sidewalk along Airport Park Boulevard. 24. Landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the interior portions of the site shall be replaced with similar vegetation approved by the Planning Director and any street trees removed shall be replaced with vegetation approved by the City Engineer. 25. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view. 26. Outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not be visible outside the enclosures. 27. A Final Parking Plan shall be submitted to the Planning Director prior to the issuance of a building permit for the hotel. This plan shall included, but not be limited to a. A minimum of 76 vehicle parking stalls for on-site parking; b. Two public bicycle parking spaces and one bicycle parking space for every ten employees. 29. Prior to the commencement of construction activities, the applicants shall submit a Storm Water Pollution Prevention Plan to the Regional Water Quality Control Board (RWQCH) and secure a General Construction Activity Permit if required by law. 30. The applicants shall participate in a Transportation Management Association if and when it is formed. Conditions of Approval Required by Planning Commission for Major Site Development Permit No. 00-26 Page 3 of 5 31. Prior to the commencement of site preparation and construction activities, the applicants shall submit a detailed geotechnical report of the site conducted by a registered engineering geologist or geological engineer. Field and laboratory data should be analyzed to provide the following geotechnical information: a. A description of the soil and geologic conditions observed, including faulting and landsliding. b. Site grading recommendations. c. Recommended foundation types and design criteria. d. Retaining wall design criteria, as necessary. e. Recommendations for slab-on-grade construction, as applicable. f. Geotechnical engineering drainage recommendations. g. The applicants shall construct the project per the recommendations contained in the geotechnical investigation. 33. All proposed Structures/facilities shall comply with current seismic design standards contained in the Uniform Building Code. 34. Every attempt shall be made to keep all construction areas swept and clear of mud and debris to reduce air quality impacts. 35. Construction activities shall be limited to 7:00 a.m. to 5:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays. 36. Construction equipment shall be properly muffled and maintained to limit adverse air quality impacts. 37. The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, urinals, and faucets. 38. The applicants shall pay the required sewer/water connection fees at the time of application for service. 39. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. 40. The Applicants shall employ construction activity management techniques, such as; extending construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between emission sources; reducing or changing the hours of construction; and scheduling activity during off-peak hours as a means to reduce potential adverse impacts to air quality. 41. The applicants shall keep all inactive soil piles completely covered to avoid the transportation of dust, and shall regularly water all exposed soil areas to reduce dust. Conditions of Approval Required by Planning Commission for Major Site Development Permit No. 00-26 Page 4 of 5 42. All construction vehicles shall be limited to a maximum speed of 15 miles per hour while on the site. 43. Prior to the issuance of a building permit, the applicants shall pay the required Ukiah School district fees applicable to commercial development. 44. Prior to the final inspection of the building, and issuance of a certificate of occupancy, the applicants shall submit a Recycling Plan for all recyclable materials, if any, the hotel will generate during its operation. 45. If, during site preparation and grading activities, any archaeological resources are discovered, all work shall be halted, and the Planning department notified of the discovery. The applicant shall be responsible for funding the services of a professional archaeologist to assess the discovered resources, and for any measures developed by the archaeologist to protect the resources. 46. The approval of the Site Development Permit is contingent upon the City Council's adoption of the Airport Industrial Park ordinance. 47. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. 48. The freestanding signs shall be limited to a maximum height of eight feet (8') from grade. Conditions of Approval Required by Planning Commission for Major Site Development Permit No. 00-26 Page 5 of 5 ATTACHMENT 3 ITEM NO.8-A; 8-B; & 8-C DATE: July 26, 2000 DATE: TO: CITY OF UKIAH PLANNING REPORT July 21, 1999 City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Airport Industrial Park Planned Development Ordinance Amendment No. 00-18; Major Site Development Permit No. 00-26; & Variance No. 00-31 APPLICANT: Gary Akerstrom and Mark Watson, for Hampton Inn PROJECT SUMMARY: Approval of the proposed Ordinance Amendment would add the Highway Commercial land use to the list of allowed uses in the Professional Office land use designation outlined in Ordinance No. 1024, which establishes the governing provisions for the Airport Industrial Park Planned Development. This amendment would also allow the deletion or modification of the language in Section 11(B)(2)(b) of the AlP Ordinance that requires all development projects to include a viable office development component. Approval of the Variance would allow the proposed hotel structure to be constructed approximately 17.5 from the right-of-way for Airport Park Boulevard instead of the twenty-five foot wide setback required in Ordinance Section 11(G)(3). Approval of the Major Site Development Permit would allow the construction of a three-stow hotel with 75 guestrooms on the 1.49-acre project site. The discretionary actions associated with the Variance and Site Development Permit components of this project area quasi-judicial in nature; therefore, each decisionmaker must physically and personally visit the site prior to participating in the vote approve, disapprove, or modify the project. LOCATION: The project site is located at 1160 Airport Park Boulevard (Assessor Parcel No. 180- 070-25 and 180-070-26-portion), on the west side of Airport Park Boulevard, 200 feet north of its intersection with Commerce Drive. DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend the APPROVAL of Airport Industrial Park Planned Development Ordinance Amendment No. 00-18 on the grounds that the proposed hotel use would be consistent with the highway commercial uses located on the parcels to the east and with other commercial office and retail uses to the north and southeast. The Planning Department further recommends the Approval of Variance No. 00-31 on the grounds that the proposed setback distance would not be a grant of special privilege, is required due to the relatively narrow width of the project site; and would not be detrimental to the health and welfare of persons using adjacent properties. Planning Department staff also recommends APPROVAL of Major Site Development Permit No. 00-26 by the City Council on the grounds that the hotel development would be consistent with the allowed uses, development standards, and design requirements for the Airport Industrial Park Planned Development, as proposed for revision. ENVIRONMENTAL DETERMINATION: The City of Ukiah's Environmental Coordinator ~determined this project is consistent with the findings and conclusions of the Environmental Impact Report (EIR) prepared for the Airport Industrial Park since the proposed developm, ent is in substantial conformance with the scale and density of development originally analyzed in the EIR. This determination was made in accordance with Section 15168(c)(4) of the California Environmental Quality Act, and all applicable AlP EIR mitigation measures will be included as recommended Conditions of Approval. GENERAL PLAN DESIGNATION: Airport Industrial Park Master Plan ZONING DISTRICT: PD (Airport Industrial Park Planned Development) PROJECT DESCRIPTION AlP Ordinance Amendment: The applicants are proposing to amend the AlP Planned Development Ordinance on pages 1, 3, 7, 8, and 9. The changes on pages 1 and 3 are minor and intended for internal consistency, while the changes on pages 7 and 8 would list Hotels and sit-down restaurants as "allowed" land uses in the Professional Office Land Use Designation. The proposed modification on page 9 would eliminate the requirement for all projects proposed on land in the Professional Office Land Use Designation to have" a viable office development component." Hotel Project: The project is comprised of a 1.09-acre parcel (APN 180-070-25) on the southern portion of the site and a seventy-foot wide portion of land that is now located on the parcel (APN 180-070-26) to the north. A Boundary Line Adjustment (#00-19) was approved by the City Engineer to allow these lands to be combined into a single parcel with an area of 1.49 acres, but these lands will not be a single lot until the BLA is recorded with the Mendocino County Recorder. The project site is undeveloped, with no major on-site vegetation, and previous grading activities have caused a relatively fiat topography with a slight slope (0.75%) running from the west to the east/southeast. The podion of Airport Park Boulevard that fronts this site is developed with curb and gutter, but no sidewalk. Site Design: The proposed hotel would be located on the southern portion of the site, with the area to the north reserved for a parking lot and two access driveways. The three-story building would have an irregular shape, with three wings wrapped around a large area that would be developed with a pool and extensive landscaping. The total floor area of the building would be 43,372 square feet, including a 15,164 square foot ground floor and second and third level floors with 14,304 square feet of area each. The area north of the hotel building would be graded and paved for a parking lot that would be accessed from Airport Park Boulevard via two 24-foot driveways separated by a 36-foot wide planter area. These driveways would provide a circular access to the 76 vehicle parking stalls that would be developed along the perimeter areas and on either side of a long landscape planter in the middle of the lot. Landscape and Lighting: Landscape planters would be developed along all four sides of the parking lot and between the two rows of parking stalls proposed for the middle of the lot, with smaller planter islands located at the end of the stall aisles and between some individual stalls. The conceptual landscape design for the parking area includes seven "London Plane" Sycamore .~ ..-~_. trees and eleven "Majestic Beauty" Magnolia trees, as well as a variety of shrubs, groundcovers and unplanted areas that would be covered with landscape cloth and large bark mulch. The west side of the proposed hotel would be paved as a service area that would be screened by a six-foot high brick and wood fence. The highly visible area on the east side of the building would be planted with a single Sycamore tree, shrubs, turf grasses, and groundcover, with a natural rock waterfall feature installed on the northeast corner of the building. The southern setback for the proposed hotel would be relatively narrow, but the open area between the eastern and western wings of the hotel would be developed with a 640 square foot swimming pool, a natural rock waterfall and viewing pool, a 48-foot long shade arbor, and a gazebo. Interlocking pavers and relatively dense plantings of turfgrass, shrubs, and "Majestic Beauty" Olive trees would surround these landscape amenities. The Landscape and Lighting Plan submitted with the application also shows that lighting standards would be installed in all of the of the parking lot perimeter planters. These lighting standards would be reproduced from older Victorian designs, with five light globes on a metal standard and a matching base that would elevate the lights to a maximum height of twelve feet. According to the photographic exhibits provided in the applicants' project description, these lights would have white globes and a green or black pole. Building Design: The north wing of the hotel structure would be approximately 280 feet long, with widths that would vary between 28 feet on the east and west ends to 50 feet in the center. This wing would contain the lobby and guest registration area, a breakfast dining room, laundry facilities, and rooms for meetings and exercise. Each of the two floors above this level would be developed with 13 guestrooms with small balconies that would face the pool area. The western wing of the hotel building would be approximately 85 feet wide by 245 feet long, with a single row of six guestrooms and an access hallway on all three floors of the wing. The rooms would all face the inner court and pool area, with small porch areas or balconies facing the pool area. Access between the three floors would be through the elevator or a stairwell on the south side of the building. The eastem wing of the hotel would be constructed in a similar manner to the western wing, but each floor would have eleven guestrooms separated by a common hallway instead of the single line of rooms. The rooms facing the pool area would have the same small porches or balconies and a stairwell that would provide access between all three floors. The area between the east and west building wings would be developed with the landscaping described above, a water feature, and a 16-foot wide by 40-foot Ion9 pool that would be partially covered on its nodh end. Access to this area would be through a covered walkway and doors on the side of the lobby. The three-story hotel building would be between 36 to 43 feet high, with at least three vent-cover structures reaching heights of 50 feet. Building walls would be constructed with hardboard horizontal lap siding colored mauve, with white trim on balconies and porch supports. Red brick veneer would also be used on portions of the ground level walls to provide further design articulation. Ali building roofs would be covered with architectural grade asphalt shingles colored in a darker brown that would provide a mild contrast with the mauve walls. Planning staff does not anticipate that the mass of this large structure would be overwhelming in its appearance due to the utilization of multiple design features on the exterior walls. These features include staggered wall elevations with multiple peaked roofs, a porte cochere over the registration area driveway, guestroom balconies and larger porch areas, and roofed vents on the peak of the longer roof areas. The building would also utilize large multi-paned windows on all its guestrooms and in common areas, including hallways and lobby areas. STAFF ANALYSIS: Individual components of the Planning Department's comprehensive review are discussed below: General Plan and Planned Development Ordinance Consistency: The project site is shown on the Ukiah General Plan Land Use Map as a Master Plan area that is governed by the Airport Industrial Park Planned Development Ordinance (City Ordinance No. 1024). According to the most recently approved version of this ordinance, the subject property is designated with a "Professional Office" land use designation that does not include hotels, motels, or other transient residencies on the list of allowed or permitted uses. Therefore, the owner of the property has applied for Ordinance Amendment #00-18 to include hotels in the list of allowed uses, and delete the requirement that all development projects include an office development component. The specific text changes are included as Attachment "1" of this report. The Professional Office land use designation was originally assigned to all the properties between Talmage Road and Hastings Road that are west of Airport Park Boulevard in an effort to ensure there would be a viable business and professional office component within the Airport Business Park. However, this area was designated for these uses at a time when most other areas of the park area were limited to industrial or retail commercial land designations in which the only ancillary office uses are allowed. In the meantime, the City Council has approved a mixed-use designation that would allow professional offices to be developed throughout large areas of the business park, and the need to reserve specific areas for office uses is no longer a critical component of the AlP Planned Development. Therefore, it is the opinion of Planning staff that the allowance of hotels in the Professional Office designation would not hinder the development of viable professional offices within the business park, and staff supports the proposed amendment. Compliance with Development Standards: Planning Department staff reviewed the development standards that would apply to the proposed hotel in the event the proposed PD amendment is approved by the City Council, and provides individual analyses below: Minimum Eot Requirements: The minimum lot area for new development in the AlP is 20,000 square feet, with a minimum public street frontage of 100 feet. The proposed project site consists of one legal parcel with an area of 1.09 acres and 200 feet of frontage along Airport Park Boulevard, and a 17,500 square foot portion of a second parcel that has 70 feet of street frontage. These two areas will be effectively merged into a site that complies with the PD requirements once a previously approved Boundary Line Adjustment (Bi_,& #00-19) is recorded, but staff included the recording of the BLA as a recommended condition to ensure the final site dimensions are in compliance. Maximum Lot Coverage: The total floor area of the three-story hotel would be approximately 43,350 square feet, but the lot coverage of the first floor would be only 15,164 square feet, or approximately 23 percent of the 1.49-acre site. This coverage complies with the maximum coverage percentage of 40 percent. Minimum Building Setbacks: The PD standards require that all buildings be set back at least 25 feet along the entire public street frontage, but the east wall of the proposed hotel would be only 17.25 feet from the right-of-way for Airport Park Boulevard. Therefore, the construction of the structure would require the approval of the proposed Variance. Planning staff reviewed the reduced setback area and determined that the required findings for the approval of the Variance are applicable in this case. This determination is based, in part, on the fact that the hotel would be constructed on a portion of the lot that is only 230-245 feet wide. This width is one of the most narrow lot widths in the entire Airport Industrial Park, where the typical lot widths exceed 350 feet. Planning staff noted that orienting the building front to face east instead of north would allow it to be constructed in compliance with the 25-foot wide setback requirement, but that this orientation would place over half of the occupants several hundred feet further from the parking facilities. It would also expose the primary courtyard activities and a greater number of rooms to noise and visual impacts from the industrial user on the lot to the west. Therefore, it is the conclusion of Planning staff that the location of the building on the narrowest portion of the site and its orientation to the north would be the most efficient site design for the hotel. Staff further concludes that the application of the 25-foot setback would deprive the developers of the same building sizes and dimensions as those constructed on the wider lots to the east and south. Staff also notes that the allowance of the reduced setback area is not a grant of special privilege since there are other buildings in Ukiah that are three stories high or higher that have even narrower setback areas. The hotel structure would be the only building in the business park that is less than 25 feet from the Airport Park Boulevard frontage, but these buildings are constructed on larger lots that include large parking lots and circulation driveways within this setback. In this case, the allowance of the reduced setback area would allow all vehicle circulation to be restricted to the northern portion of the site and permit the development of an expanded landscape area that includes the water feature and a pedestrian access. Finally, staff determined that the proposed hotel would not be detrimental to surrounding property owners since the abutting areas are either undeveloped or developed with light industrial uses that would not be affected by the hotel use. Staff notes that the operation of the hotel next to the adjacent lumberyard could cause conflicts since the yard occasionally produces noise, dust, and odors that would offend hotel visitors. However, staff notes that the hotel design includes double- paned glass and air conditioning that would allow visitors to reduce these nuisance-level impacts, and no substantial conflicts are anticipated so long as the lumberyard does not exceed the noise standards of the Ukiah Municipal Code. Maximum Building Height: The highest point of the roof ridge for the proposed hotel would be 44 feet high, with matching vent cover structures that would range from 44 to 50 feet high. These heights are consistent with the maximum height standard of 50 feet. Ukiah Airport Master Plan: The project site is located within Compatibility Zone C (Common Traffic Pattern), which is assigned to lots that are exposed to limited risks and frequent noise intrusion resulting from aircraft at or below 1,000 square feet by the Ukiah Municipal Airport Plan adopted in 1996. Three-story hotels are not included on the lists of normally acceptable uses, but staff has determined that the proposed hotel is like and similar to the two-story motels and multiple-family residential uses that are on this list. This determination is also based, in part, on the fact that the main roofline for the three-story building would be 44 feet and 50 feet for several appurtenant structures, which are entirely consistent with the maximum height limits defined in the AlP PD ordinance. Planning staff also noted that the 50-foot height would also be consistent with the side slope criteda required by the Federal Aviation Administration. Planning staff further noted that the anticipated density of the proposed hotel would range from 75 to 112 persons, based on the criteria of 50 to 75 persons per acre listed in the Caltrans Airport Land Use Planninq Handbook published in December of 1993. This density is substantially less than the 150 persons per acre maximum required for Compatibility Zone C. The Master Plan also calls out concerns with aircraft noise within the common traffic pattem by suggesting that noise-sensitive land uses should be avoided. The proposed hotel location is currently exposed to noise levels of 55-60 CNEL on average days and 55-65 CNEL on busy days, but these noise levels are consistent with the maximum noise levels defined in the Ukiah Municipal Code. Furthermore, the anticipated noise from aircraft would not be a regular occurrence and would be reduced in volume by the use of double-pane glass on bedroom windows and the installation of air conditioning. Staff also notes that the noise levels for both average and busy aircraft traffic days is expected to decline by approximately five CNEL by the year 2015 as the result of more efficient aircraft and changes to air traffic patterns. .~ ..- ~ Screening: The PD standards require that all storage areas and appurtenant items of poor visual quality is screened by masonry walls, landscape fences, or decorative fences. The project site plans indicate that most storage would be internal and that landscaping would screen an electrical transformer on the north side of the hotel. In addition, project elevations show that the roof vents would be covered with screening structures that would utilize the same design and building materials as those to be used on the main hotel structure. The outdoor area on the westem side of the hotel structure would be bounded by a paved service corridor that would be used for maintenance activities, but this area would be screened by a six- foot high wood and brick fence that would extend along the western and southern property lines. Public Utility Easement: Project site plans do not show the required five-foot wide utility easement that is required in the setback area adjoining Airport Park Boulevard, but the applicants have indicated that this easement and any additional easements would be provided and shown on required improvement plans. Planning staff recommends the adoption of Condition 9 to ensure that required easements are provided at the site development stage. Sidewalk Requirements: The width of the sidewalk on the Landscape Plan exhibit is consistent with the requirements for a sidewalk along the Airport Park Boulevard frontage. However, Planning staff notes that the applicants are proposing a straight course for this path instead of the curvilinear path required in the PD ordinance. Essentially, it is the applicant's contention that a curvilinear sidewalk would decrease the pdvacy and increase noise exposures for persons occupying rooms on the east side of the hotel. The applicants also contend that a curvilinear sidewalk would be more difficult for persons with disabilities to navigate since it would extend travel distances and limit lines of siqht. In fact, the applicants have provided specific recommendations from Whole Access, a nonprofit consulting firm that specializes in disability/accessibility issues. These recommendations are outlined in the project description by the applicant. Planning staff does not support the complete abandonment of the curvilinear sidewalk since the intent is to provide a visual impact that is more pleasing and interesting than a straight sidewalk normally provides. It is also staff's opinion that a meandering sidewalk could be designed without causing substantial obstructions or greater distances to persons traveling in wheelchairs or other assistive devices. In fact, staff is amenable to addressing the privacy and aCCess issues outlined by the applicants by limiting the meander of the required sidewalk to occasional curves around the street trees the City Engineer"s staff will require to comply with street tree standards. It is staff's opinion that this pattern would provide a meandering effect that is consistent with the intent of the PD ordinance, which while providing some latitude in addressing the privacy and access concerns expressed by the applicants and allowing an effective area for planting required street trees. Staff recommends that the final design of this sidewalk be made part of the Final Landscape Plan outlined in recommended Condition No. 20. Bicycle Lanes: The portions of Airport Park Boulevard fronting the project site has been designed with Class III bikeways, as required in the PD ordinance. Development Integration: The proposed hotel would utilize a number of design features that are more common to residential buildings and smaller inns, including gabled roofs, multiple building wall insets, and balconies. Due to these features, the appearance of the hotel would definitely differ from the commercial appearance of the other buildings in the AlP. However, the different designs do not cause the buildings to be incompatible with each other since the size and mass of the proposed hotel denotes its commercial use despite the architectural features. Required Public Streets: According to the Public Works Department, the portion of Airpod Park Boulevard bounding the project site has been developed to City of Ukiah street standards and is consistent with the Minimum Street Standards outlined in the PD ordinance. The construction of new curb cuts and other access work within the right-of-way for this street will require the securement of an encroachment permit and the development of improvement plans, as outlined in recommended Condition Nos. 10 and 11. Access DriVeways: Public Works staff reviewed the two access driveways proposed for ingress and egress at the site and noted that there would be no left turn pockets or acceleration/deceleration lanes required due to the Iow volumes of traffic expected to turn into or out of the site. Minimum Parking and Loadinq Requirements: The two driveways on the east side of the site would be one-way, with ingress-only on the southern driveway and egress-only on the northern driveway. Engineering staff reviewed the proposed design and widths of these driveways and determined that would be consistent with the AlP PD requirements and would be wide enough to provide safe access to the site. Planning staff also determined that the interior driveways would provide an efficient circulation pattern that is consistent with the parking provisions of the Ukiah Municipal Code. The proposed parking lot would have 76 parking stalls, which is consistent with the hotel/motel parking standards of the Ukiah Municipal Code. In fact, Planning staff notes that the parking lot would also be developed with landscaping that is consistent with the parking lot development criteria for the C-1 (Community Commercial) Zoning District. Signage: According to the building elevations for the project, the sign program for the proposed hotel would be limited to two building signs with a total area of 155 square feet and a monument sign with a dual-sign face with 150 square feet of sign face on each side. Using Municipal Code standards for dual-faced signs, staff determined that the total sign area for the proposed monument sign would be approximately 225 square feet, and the total area of the combined signs would be 380 square feet. This area is consistent with the sign provisions of the Ukiah Sign Ordinance, which would allow the site to use up to 500 square feet of sign area. The use of monument signs on development projects in the AlP has generally been discouraged as a matter of policy, with larger building signs being encouraged as a compromise measure. However, Planning staff supports the use of the monument sign for this project since the project site is at least 100 feet narrower than other lots developed in the AlP, placing both of the proposed buildings signs closer to the public right-of-way where building signs are not as practical. Furthermore, the use of a monument sign next to the ddveway would make the hotel driveway easier to identify. Compliance with Design Guidelines: Landscaping and Open Space: The Landscape and Lighting Plan submitted with the project application shows a very aggressive landscape scheme that is consistent with the PD requirements for landscaping and open space. This determination is based on the fact that the landscaping would use a vadety of deciduous tree species planted in perimeter planters that would be proportional in size to the proposed hotel, and would provide diverse form, texture, and color. In addition, landscape plantings would cover over 20 percent of the site and would be of sufficient size when planted to provide a shade canopy of fifty percent within three years, and will be maintained with an automatic irrigation system. The proposed planting scheme would also generally comply with the requirements for landscaping in parking areas, with perimeter and linear planters and at least one tree for every ? '-7 four stalls. The parking lot would also have an effective pedestrian access from the parking area,.~'-' / with a wide covered entry walk beneath the porte cochere. However, staff noted there is no pedestrian linkage with the proposed sidewalk on the east side of the building, and recommends that one be designed to extend between the sidewalk and the front entrance of the hotel. Despite the aggressive nature of the landscape plan, the Public Works staff notes that the plan will require expansion to accommodate the planting of one street tree every 30 feet in the planter area bounding Airport Park Boulevard. Specific locations and species for these trees have not yet been selected by staff, who recommends that the individual tree well locations be determined as part of the improvement plans for street and pedestrian improvements (see Condition No. 10). The applicant has also agreed with Planning staff that at least 25 percent of the trees planted on the site would be native to the Ukiah area. Specific recommendations from staff include native oak trees in some of the large landscape planter areas proposed for the parking lot. Staff has also recommended that redwood trees be installed in the planter areas that bound Airport Park Boulevard since these trees would be consistent with the landscape and street tree themes that prevail throughout the business park. Orientation and Location of Buildinqs: There are no buildinqs on the abuttinq lots, but the applicants have oriented the proposed hotel with the "front" (.;'ntrance on the n(~rth side of the building to provide the best internal access for customers. In addition, the pool facilities and pedestrian access on the "back" entrance are specifically geared to provide a direct link with a site on which a sit-down restaurant may be constructed. This orientation also provides an open view of the site and keeps the hotel from sitting in the middle of a parking lot. Planning staff also notes that the building will be sited to take advantage of passive and solar heating, with the pool area and internal courtyard facing south and large building fronts on the east and west sides. Architectural Design: It is the opinion of Planning staff that the proposed hotel design is attractive and visually appealing, and very effective in limiting the impacts that would normally be associated with a building of this height and size. In particular, staff notes that the use of peaked and vaded rooflines, the inset walls, and the installation of large glass windows and balconies should avoid a box-like appearance. The mass of the building would also be softened by the development and landscaping in the courtyard area and the landscaping and water features proposed on the east side of the building. Building Exteriors: It is staffs opinion that the horizontal hardboard lap siding and the asphalt shingles proposed for the construction of the hotel would be highly unique, but compatible with the prevailing masonry-finished buildings in the commerdal developments to the north and east. The tan walls and brown roof would be more subdued than the colors on nearby buildings, but would blend in well with the landscaping proposed for the site. Lighting: Lighting would include Victorian-style pole lights in the parking areas and exterior security lights on all sides of the building, with some minor lighting on the water features and landscaping. All of this lighting will be Iow intensity or directed toward the ground, but staff recommends that the lighting plan in Condition 20 be required to ensure that lighting does not extend skyward or shine off the site. Design Amenities: No bicycle parking facilities are shown, but the applicants indicated that bicycle parking facilities for employees could be installed near the employee entrances, and that a bike rack for customers could be installed near the front entrance or the courtyard entrance. Planning staff recommends that these facilities be included in the Final Parking Plan recommended in Condition 27. The proposed hotel would incorporate a large number of other design amenities, including water features, a gazebo, and a large swimming pool and recreation area. TRAFFIC: In 1997, the City adopted a Capital Improvement Program (traffic mitigation fee) for development in the Airpod Industrial Park (ALP). The program established a precise fee, based upon the assigned land use designation, for each parcel of land within the AlP. As long as the fee is required and paid before building permits are issued, cumulative traffic at key intersections will be successfully mitigated. The Hampton Inn project raised a key issue related to traffic. The project includes a request to change the allowed uses in the "Professional Office" land use designation to allow hotels and restaurants. This raised the immediate questions of how much traffic would a hotel/restaurant facility generate, and how does that compare to professional offices? If a hotel/restaurant facility would generate significant amounts of more p.m. peak hour traffic, what would this do to the established Capital Improvement Program? Discussions with the City Public Works/Engineering staff revealed that they were generally comfortable with the proposed change as it related to traffic. Their thought was that the difference in traffic generation at the P.M. peak hour would be minor at best, and that no adjustments to the Capital Improvement Program would be necessary. Methodology: To determine the P.M. peak hour trip generation rate, we reviewed the Trip Generation Manual, 6th Edition, Volume 1 from the Institute of Transportation Engineers. We concluded that at the "worst case," the entire five-acres of vacant "Professional Office" designated land could be developed with "All Suites Hotels," because these are lodging facilities that provide sleeping accommodations, a restaurant and lounge, and a small amount of meeting space. The weekday p.m. peak hour trip generation rate for all suites hotels is 0.55 per occupied room. Analysis: Based on the size of the project parcel and proposed hotel, it was also concluded that the five vacant acres could accommodate approximately two "All Suites Hotel" facilities. This takes into account parking and landscaping requirements, as well as the large setback requirement from Airport Park Boulevard and other development standards. Two Hampton Inn type facilities with restaurants and meeting space would contain a total of 150 rooms. Information gathered from the City Economic Development Coordinator reveals that Ukiah hotels maintain an average vacancy rate of approximately 70%. This would result in an expected average occupancy of 105 rooms. The resulting trip generation would be 57 p.m. peak hour trips (105 x 0.55). The ITE Trip Generation Manual indicates that the p.m. peak hour trip generation rate for professional offices is 1.50 per square foot of gross leasable floor area. Based on the 40% coverage standard, the vacant five acres would accommodate approximately 87,000 square feet of professional office space. This would result in approximately 130 p.m. peak hour trips. In addition, it is interesting to note that the p.m. hour for professional offices/general traffic (4:30 to 5:30 p.m.) is different than for hotels. A telephone survey of six local hotels reveal that the busiest hour for their lodging businesses is between 6:00 and 7:00 p.m. Traffic Conclusions: City staff has conducted an analysis of the traffic expected to be generated from buildout of the subject property as professional offices as compared with two "All suites hotels." The analysis reveals that the professional offices would generate more p.m. peak hour traffic than the 150 rooms and associated land uses comprising the "All Suites Hotel" facilities. This is due to the fact that professional offices generate more traffic than hotels, and because the peak traffic hour for hotels occurs later than it does for professional offices, retail land uses, and other typical 4:30 to 5:30 traffic generators. CONCLUSIONS: It is the conclusion of the Planning Depadment staff that the amendment of the PD ordinance to allow hotels in this portion of the Airport Industrial Park should be approved since this highway commercial type use would be close to the freeway users expected to be its primary customers. Furthermore, the allowance of the professional office uses that this area was reserved for has been extended throughout a large area of the park, providing ample opportunities for support-type businesses to be developed. Staff also concludes that the layout for the proposed hotel is well conceived and would provide highly suitable vehicle and pedestrian access once minor changes to on-site pedestrian facilities are addressed. This layout would also allow a direct connection with a sit-down restaurant should one be developed on the parcel to the south. Staff is also impressed with the design of the building and the building materials and colors selected for its construction. The design and materials differ greatly from those used on other developments in the AlP, but the unique appearance of the building is not expected to clash in any substantial way with the commercial appearance of the nearby structures since its design is consistent with other transient use buildings. Finally, it is staff's conclusion that even though the project site is not the most ideal for an "upscale" hotel, it does have exposure to Highway 101, and is in close proximity to a mix of compatible land uses (retail commercial, eateries, etc.). Finally, the City is reaching buildout, and there really is no better more suitable vacant land for a hotel of this caliber. FINDINGS: The Planning Department's recommendation for the approval of Airport Industrial Park Ordinance Amendment No. 00-18 is based, in part, on the following findings: 1. The proposed hotel is a highway commercial oriented building that would be best located near the Talmage Road entrance to the Airport Industrial Park; and . The professional office land use originally reserved for the northwest portion of the Airport Industrial Park has been extended to other areas of the Airport Industrial Park and it is no longer critical to maintain a specific area for professional office development within this area. 3. Amending the AlP Planned Development Ordinance to list hotels and sit-down restaurants as "allowed" land uses in the Professional Office Land Use Designation is reasonable and appropriate for the following reasons: a. Hotels and sit-down restaurants would be compatible with surrounding land uses. b. There is ample opportunity for professional offices in the 32-acre mixed use area to the south, and on the remaining acreage in the Professional Office Land Use Designation. c. There is no vacant Highway Commercial designated land in the Airport Industrial park, and no opportunity for visitor serving land uses, such as hotels. 4. Based on the EIR consistency analysis prepared by staff, the proposed amendment to the AlP Planned Development Ordinance would be consistent with the scope, findings, and conclusions contained in the Program EIR certified for the buildout of the Airport Industrial Park. The Planning Department's recommendation for the approval of Variance 00-31 is based, in part, on the following findings: The reduced setback from Airport Park Boulevard is necessary due to the relatively narrow width of the subject property, and the fact that the parcel is physically unique in terms of its marrow width, as compared to adjacent and nearby properties. ..~ 2. The reduced setback area would not be a grant of special privilege since there are other buildings in Ukiah of a similar size and height that are located as close or closer to property lines; and 3. The reduced setback area would not be detrimental to surrounding property owners since the subject yard abuts Airport Park Boulevard, and a safe and reasonable distance of 17.5 feet would still separate the building from the public right of way. The Planning Depadment's recommendation for the approval of Major Site Development Permit #00-26 is based, in part, on the following findings: The development and operation of the hotel, as conditioned, is consistent with the General Plan goals and policies for the Airport Industrial Park Master Plan land use classification and with the applicable use and development standards for the Airport Industrial Park Planned Development-Professional Office land use designation; . The construction and operation of the hotel would not create hazardous or inconvenient impacts to existing vehicular or pedestrian patterns since the anticipated increase in levels of average daily traffic from the site would not be substantial enough to cause service levels for abutting public streets or the abutting intersections to decline; . The City Engineer determined the circulation pattern and access driveways for the hotel development are consistent with the roadway standards for the AlP and would provide safe and efficient ingress and egress; . As conditioned, the proposed hotel development would have sufficient landscape areas and landscape plantings to provide screening of the buildings from Airport Park Boulevard and abutting properties and to break up and screen on-site parking and automobile display areas; . The construction of the proposed hotel would not restrict or cut out light or air on abutting parcels since it is bordered on the east by a public street and provides adequate setbacks from the buildings and building sites on the parcel to the north to avoid screening or overshadowing of buildings; 6. The construction of the hotel would not excessively damage or destroy natural features since there are none on the site; o The construction and operation of the hotel would generate no significant adverse environmental impacts that were not previously analyzed in the Environmental Impact Report prepared for the buildout of the AlP, as determined in the consistency review completed for this project by the Environmental Coordinator; and . The construction and operation of the hotel, as conditioned, would not be detrimental to the public's health, safety and general welfare since it is consistent with applicable General Plan goals and policies and would be developed in a manner that is consistent with the use requirements, development standards, and design guidelines for the Airport Industrial Park Planned Development. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Major Site Development Permit #00-26, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: All use, construction, or occupancy shall conform to the application approved by the Planning Commission, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Enqineering Department of the City of Ukiah; except where higher standards are imposed by ~'aw, rule, or regulation or by action of the Planning Commission. o In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. . , Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. Building Permits shall be issued within two years after the effective date of the Site Development Permit, or it shall be subject to the City's permit revocation process and procedures. In the event the Building Permit cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. o The approved Site Development Permit may be revoked through the City's revocation process if the approved project related to the Site Development Permit is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. o Except as otherwise specifically noted, the Site Development Permit shall be granted only for the specific purposes stated in the action approving the Site Development Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. o o 10. Prior to the issuance of a building permit for the hotel structure, the Boundary Line Adjustment procedure and recordation of deeds for BLA #00-19 shall be completed. Prior to the issuance of a building permit for the hotel structure, the existing five-foot and twenty-five foot easements shall either be abandoned or revised such that the easements are located adjacent to the northern property lines established by the recordation of BLA #00-19, and the public utility easement required along Airport Park Boulevard shall be incorporated into all improvement plans. All easements shall be prepared by a licensed land surveyor and submitted to the City Engineer for approval and recordation prior to the issuance of a Certificate of Occupancy for any structure developed on the site. Prior to the issuance of a building permit for the hotel structure, improvement plans prepared by a licensed civil engineer shall be prepared for the proposed driveways, sidewalk, street trees, and other street improvements and submitted to the City Engineer for approval. 11. An Encroachment Permit shall be obtained from the City by a licensed contractor prior to doing any construction within the public roadway easements. Encroachment permit fee shall be 1.5% of estimated construction costs payable for construction inspection. The portion of the improvement plans that are modified will be reviewed and an additional 1.5- % charge will apply to those portions of the work to cover the additional plan review necessary. Contractor(s) shall have a current City of Ukiah Business License who shall -/2_ 12. 13. 14. 16. 17. 18. 19. 20. 24. submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000) and current Workman's Compensation Certificate. All trees planted in the required public utility easement/setback fronting Airport Park Boulevard shall be considered street trees and shall be installed in accordance with City Standard Drawings 601 and 602 and a Street Tree Agreement shall be completed to define the maintenance for all landscaping within the planters adjacent to the Airport Park Boulevard street frontage and in street medians to the east of the project site. The property owner shall be responsible for maintenance and replacement of these trees in perpetuity. Prior to the issuance of a building permit, an On-site Grading and Drainage Plan that includes an Erosion and Sediment Control Component and a Drainage Study shall be prepared to demonstrate that the proposed drainage facilities are adequate. This report shall be prepared by a licensed civil engineer and shall be approved by the City Engineer. All on-site paving shall be a minimum of 2" (inches) of asphalt concrete with a 6" (inch) aggregate base, or, alternatively, any option approved by the City Engineer. All reports and plans submitted to the City Engineer for review and approval shall address required mitigation outlined in the certified Airport Industrial Park Environmental Impact Report (EIR). Capital improvement fees for the parcels comprising the project site shall be paid in accordance with City Resolution No. 2000-13, or as otherwise required. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. All signs shall comply with the approved Sign Program. Additional signage or major alterations to the approved signs shall be submitted for the review and approval of the Planning Director. A Landscaping and Lighting Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of Occupancy 'for the building. This plan shall include, but not be limited to the following: a. A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation, including required street trees in the setback abutting Airport Park Boulevard; b. A planting schedule for all vegetation installed on the site; c. A maintenance and watering schedule for all vegetation; and d. A lighting plan for exterior lighting installed or otherwise used on the site. e. The location and dimensions for the meandering sidewalk adjacent to Airport Park Boulevard. Landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the interior portions of the site shall be replaced with similar vegetation approved by the Planning Director and any street trees removed shall be replaced with vegetation approved by the City Engineer. -15 25. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view. 26. Outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not be visible outside the enclosures. 27. A Final Parking Plan shall be submitted to the Planning Director prior to the issuance of a building permit for the hotel. This plan shall included, but not be limited to a. A minimum of 76 vehicle parking stalls for on-site parking; b. Two public bicycle parking spaces and one bicycle parking space for every ten employees. 29. Prior to the commencement of construction activities, the applicants shall submit a Storm Water Pollution Prevention Plan to the Regional Water Quality Control Board (RWQCH) and secure a General Construction Activity Permit if required by law. 30. The applicants shall participate in a Transportation Management Association if and when it is formed. 31. Prior to the commencement of site preparation and construction activities, the applicants shall submit a detailed geotechnical report of the site conducted by a registered engineering geologist or geological engineer. Field and laboratory data should be analyzed to provide the following geotechnical information: a. A description of the soil and geologic conditions observed, including faulting and landsliding. b. Site grading recommendations. c. Recommended foundation types and design criteria. d. Retaining wall design criteria, as necessary. e. Recommendations for slab-on-grade construction, as applicable. f. Geotechnical engineering drainage recommendations. g. The applicants shall construct the project per the recommendations contained in the geotechnical investigation. 33. All proposed Structures/facilities shall comply with current seismic design standards contained in the Uniform Building Code. 34. Every attempt shall be made to keep all construction areas swept and clear of mud and debris to reduce air quality impacts. 35. Construction activities shall be limited to 7:00 a.m. to 5:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays. 36. Construction equipment shall be properly muffled and maintained to limit adverse air quality impacts. 37. The detailed construction plans submitted fora building permit shall include water conservation devices on toilets, urinals, and faucets. 38. The applicants shall pay the required sewer/water connection fees at the time of application for service. 39. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. 40. The Applicants shall employ construction activity management techniques, such as; extending construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between emission sources; reducing or changing the hours of construction; and scheduling activity during off-peak hours as a means to reduce potential adverse impacts to air quality. 41. The applicants shall keep all inactive soil piles completely covered to avoid the transportation of dust, and shall regularly water all exposed soil areas to reduce dust. 42. All construction vehicles shall be limited to a maximum speed of 15 miles per hour while on the site. 43. Prior to the issuance of a building permit, the applicants shall pay the required Ukiah School district fees applicable to commercial development. 44. Prior to the final inspection of the building, and issuance of a certificate of occupancy, the applicants shall submit a Recycling Plan for all recyclable materials, if any, the automobile dealership will generate during its operation. 45. If, during site preparation and grading activities, any archaeological resources are discovered, all work shall be halted, and the Planning department notified of the discovery. The applicant shall be responsible for funding the services of a professional archaeologist to assess the discovered resources, and for any measures developed by the archaeologist to protect the resources. 46. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. ATTACHMENTS: . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Proposed Ordinance Location Map Site Plan Applicant's Project Description Site Plan for Boundary Line Adjustment #00-19 First Floor Plan Second Floor Plan Third Floor Plan Front (North) and Left (East) Side Elevation Right (West) Side and Rear (South) Elevation Courtyard Elevations Landscape Plan Monument Sign Exhibit LOCATION MAP MAJOR SITE i)I~VI~I.OPMENT I~I~RMIT NO. 00-26- HAMPTON INN 1160 Airport l)ark Boulevard (Assessor Parcel No. 180-070-25) ! NORTH 0 500 1000 1500 2000 3500 3000' SCALE: 1 inch = 500 feet .. % - I I I I I I I I --I I I 1 I ComPliance Checklist/Analysis Purpose: The purpose of this Checklist/Analysis is to comply with CEQA Section 15168 (c)(4), and document an evaluation of future projects within the Airport Industrial Park to determine whether the environmental effects of the project(s) were covered in the previously certified AlP "program" EIR. Applicant: Gary Ackerstrom, Redwood Business Park of Ukiah Mark and Debra Watson, Best Western Country Inn Project Title: Hampton Inn -AlP Professional Office Text Amendment (Rezoning) 00-18 / Major Site Development Permit 00-26 / Variance 00-31. Location: West side of Airport Park Boulevard adjacent to and north of Commerce Drive. Project Description: The project involves a proposed amendment to the Airport Industrial Park Planned Development Ordinance that would add Hotels and sit-down restaurants as "allowed" land uses in the Professional Office land use designation. The "Purpose" sub-section of the text describing the regulations for the Professional Office designation would also be revised to add "Highway Commercial" as a primary purpose. The "General Requirements" sub-section would also be revised to delete the provisions that require a viable office component with all development projects in the Professional Office designation. The project also includes a Major Site Development Permit to construct a three-story hotel on 1% parcels (1.49 acres) west of Airport Park Blvd., and adjacent to and north of Commerce Drive. The Variance is for a sight reduction in the yard setback along Airport Park Boulevard (17.5 feet, where 25 feet are required). Attachments: 1. Site Development Plan (on file) 2. Mitigation Monitoring Program 3. Traffic Discussion Person Responsibl~~ For Preparing/~ Checklist: /~ ~~~p,~Plannw(gyect: Date: 3 --2.2- CHECKLIST / ANALYSIS A. INTRODUCTION As stated above, the purpose of this evaluation is to determine if the proposed project is consistent with the scope, findings and conclusions contained in the certified Program Environmental Impact Report for the buildout of the Airport Industrial Park. This type of evaluation is encouraged by Section 15168 of the California Environmental Quality Act, and has been routinely performed by the Ukiah Planning Department staff to evaluate projects for consistency with the certified program EIR. This analysis assumes the "worst case" scenario that the entire five vacant acres of Professional Office land would be developed with hotels and restaurants. Based on the acreage, it was determined that two "All suites hotels" (hotels with restaurants and meeting space) could be constructed on the properties. The subject Rezoning (zoning text amendment), Variance, and Major Site Development Permit project has been found to be consistent with the scope, findings, and conclusions contained in the certified EIR. The following text provides the evaluation that documents this conclusion. The Mitigation Monitoring Program is included at the end of this report. B. EVALUATION 1. Geology: a. Is the project within the scope of the Geology Section contained in the EIR? Explain. Yes. The EIR indicates that the Airport Industrial Park has no significant geologic constraints. A geotechnical report will be required for the proposed project, as well as any subsequent projects, and the properties would be graded and prepared for development according to the provisions of the report. bi Is the project consistent with the findings and conclusions contained in the Geology Section of the EIR? Explain. Yes. The proposed project is consistent with the provisions of the Airport Industrial Park Planned Development Ordinance, and the building square footages and total coverages assumed in the certified EIR. c. Are there Geology mitigation measures applicable to the project? Yes. These mitigation measures will be imposed during the discretionary review process as appropriate. 2. Hydrology and Dr '~age: . . a. Is the project within the scope of the Hydrology/Drainage Section contained in the EIR? Explain. Yes. The project is consistent with the AlP PD Ordinance standards for building coverage, landscaping, parking, and other factors that may affect hydrology and drainage. Accordingly, it has been determined that the project is in substantial conformance with the findings and conclusions contained in the certified EIR. Any subsequent hotel/restaurant project on the remaining acreage would have to be consistent with the AlP PD Ordinance standards for building coverage, landscaping, parking, and other factors that may affect hydrology and drainage. bi Is the project consistent with the findings and conclusions contained in the Hydrology/Drainage Section contained in the EIR? Explain. Yes (see above). c. Are there Hydrology/Drainage mitigation measures applicable to the project? Yes. All applicable hydrology and drainage mitigation measures will be imposed as conditions of approval on the project, and any subsequent project. Wildlife and Vegetation: a. Is the project within the scope of the WildlifeNegetation Section contained in the EIR? Explain. Yes. The subject parcel is devoid of wildlife habitat values, or any significant vegetation. b. Is the project consistent with the findings and conclusions contained in the Wildlife/Vegetation Section of the EIR? Explain. Yes. The EIR did not identify any potential significant impacts on wildlife or vegetation resulting from the future development of the subject parcels. c. Are there Wildlife/Vegetation mitigation measures applicable to the project? NO. Archaeology: ae Is the project within the scope of the Archaeology Section contained in the EIR? Explain. Yes. No significant impacts to historic or pre-historic cultural resources were identified on the subject parcels. b. Is the project consistent with the findings and conclusions contained in the Archaeology Section of the EIR? Explain. Yes. No potential impacts were identified. . c. Are there/' 'haeological mitigation measures ar' 'icable to the project? Yes. The routine mitigation measure requiring all work to be halted in the event of an archaeological discovery will be imposed on the project, and any subsequent project. Traffic and Circulation: a. Is the project within the scope, findings and conclusions of the Traffic/Circulation Section contained in the EIR? Explain. Yes (See attached discussion on traffic) Sm b. Are there Traffic/Circulation mitigation measures applicable to the project? Yes. The traffic mitigation program for the AlP (AlP Capital Improvement Program) will be imposed on the project. The locally adopted program requires the payment of a traffic mitigation fee. Air Quality: a. Is the project within the scope of the Air Quality Section contained in the EIR? Explain. The certified EIR was found to be complete and adequate by the Mendocino County Air Quality Management District. They endorsed and found the mitigation measures to be reasonable and feasible for off-setting short term and cumulative air quality impacts. All applicable mitigation measures contained in the Certified EIR will be imposed on the proposed project, as well as any subsequent projects. bm Is the project consistent with the findings and conclusions contained in the Air Quality Section in the EIR? Explain. Yes. The proposed project would not conflict with the findings and conclusions contained in the certified EIR, because it does not significantly change (increase) the scale of development assumed in the certified EIR or create an increase in vehicle tdps (see the discussion of traffic). Furthermore, the development that has occurred in the AlP thus far is smaller in square footage, scale and intensity than assumed in the Certified EIR, which has resulted in less vehicle emissions overall. c. Are there Air Quality mitigation measures applicable to the project? Yes. All applicable mitigation measures will be imposed as conditions of approval on the subject project, and any subsequent projects. Visual Quality: a. Is the project within the scope of the Visual Quality Section of the EIR? Explain. Yes. It is concluded that the proposed hotel project is equal to or more aesthetically pleasing than the existing development in the AlP. In addition, any . . b. subsequen* 'tel/restaurant project would be held to to achieve c,,nsistency with the certified EIR. ~milar high design standard Is the project consistent with the findings and conclusions contained in the Visual Quality Section in the EIR? Explain. Yes (See above). C. Are there Visual Quality mitigation measures applicable to the project? NO. Noise: a. b, Is the project within the scope of the Noise Section contained in the EIR? Explain. Yes. There is no evidence that the proposed hotel project (s) would create more noise that assumed for a professional office development on the same parcels. In fact, it could be argued that the proposed development, coupled with an additional hotel/restaurant project would cause less noise than a professional office development that would involve more people and automobiles. Additionally, the parcels designated as "Professional Office" are bordered by public street on two sides, a re-saw mill on the west, and existing office development on the north. The minor traffic created by a hotel facility would not even produce nuisance level noise in this location. Is the project consistent with the findings and conclusions contained in the Noise Section of the EIR? Explain. Yes. The EIR concluded that there would not be noise issues or impacts resulting from the professional office use of the properties, other than short-term construction sounds, and it has been determined that less noise would be produced from the proposed hotel use. c. Are there Noise mitigation measures applicable to the project? Yes. All applicable mitigation measures will be imposed as conditions of approval on the subject project. Police and Fire Service: a. Is the project within the scope of the Police/Fire Service Sections contained in the EIR? Explain. Yes. Discussions with both the City Police and Fire Departments reveal that the proposed project will not alter their abilities to serve the proposed development. 10. 11. b. Is the proj, ~ consistent with the findings and cc ,lusions contained in the Police/Fire .~ervice Sections in the EIR? Explain. Yes. The City Police and Fire Departments have indicated that the project would not increase the need for police and fire protection services beyond what it indicated in the EIR. C. Are there Police arid Fire Service mitigation measures applicable to the project? Yes. All applicable mitigation measures will be imposed as conditions of approval on the subject project, and any subsequent projects. Sewage Treatment/Disposal and Water Service: a. Is the project within the scope of the Sewage Treatment/Disposal and Water Service Sections contained in the EIR? Explain. Yes. Discussions with the City Public Utilities Department reveal that the proposed project will not adversely affect their ability to provide water and sewer service to the proposed development. b. Is the project consistent with the findings and conclusions contained in the Sewage Treatment/Disposal and Water Service Sections EIR? Explain. Yes. The project would not cause the use of more water or discharge of more wastewater than assumed in the EIR. C. Are Sewage Treatment/Disposal and Water Service mitigation measures applicable to the project? Yes. All applicable mitigation measures will be imposed as conditions of approval on the subject project, and any subsequent projects. Schools: a. Is the project within the scope of the Schools Section contained in the EIR? Explain. Yes. Discussions with the Ukiah Unified School District reveal that the proposed project will not adversely affect their enrollments beyond that assumed in the previously certified EIR. b. Is the project consistent with the findings and conclusions contained in the Schools Section of the EIR? Explain. Yes (see above). c. Are there Schools mitigation measures applicable to the project? Yes. All applicable mitigation measures will be imposed as conditions of approval on the subject project, and any subsequent projects. 12. Solid Waste: 13. 14. a. Is the project within the scope of the Solid Waste Section contained in the EIR? Explain. Yes. Discussions with the City Public Works Director reveal no concerns regarding compliance with the solid waste discussion contained in the Certified EIR. b. Is the project consistent with the findings and conclusions contained in the Solid Waste Section EIR? Explain. Yes. The project will not generate a substantial increase in solid waste, or change any assumptions regarding the amount of volume of solid waste assumed in the certified EIR. C. Are there Solid Waste mitigation measures applicable to the project? Yes. All applicable mitigation measures will be imposed as conditions of approval on the subject project, and any subsequent projects. Energy Use: a. Is the project within the scope of the Energy Use Section contained in the EIR? Explain. Yes. Research reveals that the overall energy use resulting from the hotel would not be substantially more than the amount of professional offices assumed for the site would generate, and therefore within the scope and findings contained in the certified EIR. b. Is the project consistent with the findings and conclusions contained in the Energy Use Section in the EIR? Explain. Yes (see above). C. Are there Energy Use mitigation measures applicable to the project? NO. Land Use: a. Is the project within the scope of the Land Use Section contained in the EIR? Explain. Yes. The proposed project will not drastically change the assumed scale or density of use for the subject parcel. In fact the total square footage of the proposed hotel would be less than applicants for a professional office project could conceivably pursue on the site. The change in land use would not be significant for a number of reasons. First, there is not a shortage of professional office space in the City, and a number of recent infill office projects are under construction in the downtown core of the City. Second, ample opportunity for professional office development exists in the new "Mixed-Use" acreage to the south of the subject site. Finally, the Airport "Industrial" 15. 16. Park, as it · 's originally designed, has evolved thrr 'ih a series of City Council decisions, ir,,,., an eclectic use of commercial, professi~, ,al office, light industrial, and visitor serving land uses. The addition of more hotel/restaurant uses in close proximity to existing fueling, restaurant, and retail uses would not represent illogical land use planning. b. Is the project consistent with the findings and conclusions contained in the Land Use Section in the EIR? Explain. Yes (see above). C. Are there Land Use mitigation measures applicable to the project? NO. Cumulative Impacts: a, Is the project within the scope of the EIR in terms of cumulative impacts? Explain. Yes. The proposed project will not significantly change the assumed scale and density of development of the parcel. All the development standards and design requirements will remain unchanged. All applicable mitigation measures addressing cumulative impacts contained in the certified EIR will be imposed on the subject project. Conclusions: Staff is able to conclude that the project is within the scope of the EIR, because the hotel development will be in substantial conformance with the scale and density of development assumed for the subject parcels. Buildout with hotel/restaurant projects rather than Professional Offices would not represent a significant change in terms of potential environmental impacts. There would be less traffic and noise; development aesthetics would improve; all public services are readily available; geology, hydrology, and drainage would not be significantly different; and impacts to wildlife, vegetation and archaeology would not be increased. The change in land use would not be significant for a number of reasons. First, there is not a shortage of professional office space in the City, and a number of recent infill office projects are under construction in the downtown core of the City. Second, ample opportunity for professional office development exists in the new "Mixed-Use" acreage to the south of the subject site. Finally, the Airport "Industrial" Park, as it was originally designed, has evolved through a series of City Council decisions, into an eclectic use of commercial, professional office, light industrial, and visitor serving land uses. The addition of more hotel/restaurant uses in close proximity to existing fueling, restaurant, and retail uses would not represent illogical land use planning. All applicable mitigation measures contained in the certified "Program" EIR for the buildout of the Airport Industrial Park shall be imposed on the subject project as conditions of approval. HAMPTON INN EIR Consistency Traffic Analysis INTRODUCTION In 1997, the City adopted a Capital Improvement Program (traffic mitigation fee) for development in the Airport Industrial Park (ALP). The program established a precise fee, based upon the assigned land use designation, for each parcel of land within the AlP. As long as the fee is required and paid before building permits are issued, cumulative traffic at key intersections will be successfully mitigated. The Hampton Inn project raised a key issue related to traffic. The project includes a request to change the allowed uses in the "Professional Office" land use designation to allow hotels and restaurants. This raised the immediate questions of how much traffic would a hotel/restaurant facility generate, and how does that compare to professional offices? If a hotel/restaurant facility would generate significant amounts of more p.m. peak hour traffic, what would this do to the established Capital Improvement Program? Discussions with the City Public Works/Engineering staff revealed that they were generally comfortable with the proposed change as it related to traffic. Their thought was that the difference in traffic generation at the P.M. peak hour would be minor at best, and that no adjustments to the Capital Improvement Program would be necessary. METHODOLOGY To determine the P.M. peak hour trip generation rate, we reviewed the Trip Generation Manual, 6th Edition, Volume 1 from the Institute of Transportation Engineers. We concluded that at the "worst case," the entire five-acres of vacant "Professional Office" designated land could be developed with "All Suites Hotels," because these are lodging facilities that provide sleeping accommodations, a restaurant and lounge, and a small amount of meeting space. The weekday p.m. peak hour trip generation rate for all suites hotels is 0.55 per occupied room. ANALYSIS Based on the size of the project parcel and proposed hotel, it was also concluded that the five vacant acres could accommodate approximately two "All Suites Hotel" facilities. This takes into account parking and landscaping requirements, as well as the large setback requirement from Airport Park Boulevard and other development standards. Two Hampton Inn type facilities with restaurants and meeting space would contain a total of 150 rooms. Information gathered from the City Economic Development Coordinator reveals that Ukiah hotels maintain an average vacancy rate of approximately 70%. This would result in an expected average occupancy of 105 rooms. The resulting trip generation would be 57 p.m. peak hour trips (105 x 0.55). The ITE .Trip Generation Manual indicates that the p.m. peak hour trip generation rate for professional offices is 1.50 per square foot of gross leasable floor area. Based on the 40% coverage standard, the vacant five acres would accommodate approximately 87,000 square feet of professional office space. This would result in approximately 130 p.m. peak hour trips. In addition, it is interesting to note that the p.m. hour for professional offices/general traffic (4:30 to 5:30 p.m.) is different than for hotels. A telephone survey of six local hotels reveal that the busiest hour for their lodging businesses is between 6:00 and 7:00 p.m. CONCLUSIONS City staff has conducted an analysis of the traffic expected to be generated from buildout of the subject property as professional offices as compared with two "All suites hotels." The analysis reveals that the professional offices would generate more p.m. peak hour traffic than the 150 rooms and associated land uses comprising the "All Suites Hotel" facilities. CITY OF UKIAH ~ MITIGATION MONITORING PROGRAM Hampton Inn Rezoning, Variance and Site Development Permit The following Mitigation Measures are required for the Hampton Inn Rezoning, Variance, and Site Development Permit project for compliance with the certified Program Environmental Impact Report for buildout of the Airport Industrial Park. I. ISSUE: GEOLOGY/SOILS Mitigation Measures . Prior to the commencement of site preparation and construction activities, the applicants shall submit a detailed geotechnical report of the site. The analysis shall be conducted by a registered engineering geologist or geological engineer. Field and laboratory data should be analyzed to provide the following geotechnical information- a. A description of the soil and geologic conditions observed, including faulting and landsliding. b. Site grading recommendations. c. Recommended foundation types and design criteria. d. Retaining wall design criteria, as necessary. e. Recommendations for slab-on-grade construction, as applicabie. f. Geotechnical engineering drainage recommendations. The applicants shall construct the project per the recommendations contained in the geotechnical investigation. . All proposed Structures/facilities shall comply with current seismic design standards contained in the Uniform Building Code. . Prior to the commencement of construction activities, the applicants shall submit a Storm Water Pollution Prevention Plan to the Regional Water Quality Control Board (RWQCB) and secure a General Construction Activity Permit, if the project is not exempt. Moni.toring Procedures The City Public Works Department shall review the submitted grading plan and conduct routine inspections of grading activities. They shall also be responsible for reviewing the submitted geotechnical report for its adequacy and relationship to submitted improvement plans. The City Planning Department - Building Division shall be responsible for reviewing detail construction drawings and assuring compliance the seismic design standards contained in the U.B.C. Monitorinq and Reporting Department City Public Works and Planning/Building Departments Funding Responsibility The applicants shall be responsible for funding the preparation of all required plans and reports. City staff time is considered routine and is generally funded by permit fees. Timing The timing for implementation is articulated in the mitigation measures. II. ISSUE: AIR QUALITY Mitigation Measures . o o o o . All exposed or disturbed soil shall be regularly watered to avoid the transportation of dust, particularly during windy days. 10. Every attempt shall be made to keep all construction areas and access roads swept and clear of mud and debris. Bicycle parking facilities shall be installed near the entrance to the building prior to final inspection and the grant of occupancy. The applicants shall participate in a Transportation Management Association if and when one is formed for the Airport Industrial Park. The Applicants shall employ construction activity management techniques, such as: extending construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between emission sources; reducing or changing the hours of construction; and scheduling activity during off-peak hours. The applicants shall keep all inactive soil piles completely covered to avoid the transportation of dust. All construction vehicles shall be limited to a maximum speed of 15 miles per hour while on the site. Monitorin~ Procedures The City Public Works and Planning Departments shall be responsible for assuring implementation of these mitigation measures during review of the building permit, during routine inspections of grading and construction activities, and prior to the grant of final occupancy. Monitoring and Reporting Department City Public Works and City Planning/Building Department Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the preparation of all required plans and reports. City staff time is considered routine and is generally funded by permit fees. Timinc~ Implementation timing is articulated in the mitigation measures. VI. ISSUE: NOISE Mitigation Measures 11. Construction activities shall be limited to 7:00 am to 5:00 pm on weekdays and 8:00 am to 5:00 pm on Saturdays, unless additional hours are approved by the Planning Director. 12. Construction equipment shall be properly muffled and maintained. Monitorinq Procedures The City Public Works and Planning Departments shall be responsible for assuring implementation of these mitigation measures during routine inspections of grading and construction activities. Monitoring and Reporting Department City Public Works and Planning/Building Departments Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the preparation of all required plans and reports. City staff time is considered routine and is generally funded by permit fees. Timing Implementation timing is articulated in the mitigation measures. VI. ISSUE: FIRE PR~JTECTION Mitigation Measure 13. The building shall include a sprinkler system as required by the City Fire Department. Hydrant location and construction, building access, and building construction shall comply with the requirements of the City Fire Department. Monitoring Procedures The City Planning Department - Building Division and City Fire Department shall be responsible for assuring implementation of this mitigation measure during review of the building permit, and during routine building inspections. Monitoring and Reporting Department City Planning Department - Building Division and City Fire Department. Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the preparation of all required plans and reports. City staff time is considered routine and is generally funded by permit fees. Timing The plans submitted for a building permit shall be reviewed for compliance with City Fire Department and Uniform Building Code requirements. The City Building Inspector and Fire Marshal shall reviewed vadous phases of construction to assure compliance with approved plans. VII. ISSUE: SEWAGE/WASTEWATER DISPOSAL Mitigation Measure-~ 14. The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, udnals, and faucets. 15. The applicants shall pay the required sewer/water connection fees at the time of application for service. 16. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. Monitoring Procedure~ The City Planning Department - Building Division and City Utilities Department shall be responsible for assudng implementation of these mitigation measures during review of the building permit, and during routine building inspections. Monitoring and Reportinb Department City Planning Department - Building Division and City Utilities Department. Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the preparation of all required plans and reports. City staff time is considered routine and is generally funded by permit fees. Timing Implementation timing is articulated in the mitigation measures. VIII. ISSUES: SCHOOLS Mitiqation Measures 17. Pdor to the issuance of a building permit, the applicants shall pay the required Ukiah School District fees applicable to commercial development. Monitoring Procedures The City Planning Department - Building Division shall be responsible for assuring implementation of these mitigation measures during review of the building permit. Monitoring and Reporting Department City Planning Department- Building Division Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the preparation of all required plans and reports. City staff time is considered routine and is generally funded by permit fees. Timing Implementation timing is articulated in the mitigation measures. IX. ISSUES: TRAFFIC Mitigation Measures 18. Prior to the issuance of a building permit, the applicants shall pay the required Capital Improvement fee for mitigating traffic impacts within the Airport Industrial Park. .Monitoring Procedures The City Planning and Public Works Departments shall be responsible for assuring implementation of this mitigation measure during review of the building permit. Monitoring and Reporting Department City Planning and Public Works Departments. Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the payment of the required Capital Improvement (traffic impact) fee. City staff time is considered routine and is generally funded by permit fees. Timing Implementation timing is articulated in the mitigation measure. X. ISSUES: SOLID WASTE Mitigation Measures 19. Prior to the final inspection of the building, and the issuance of a certificate of occupancy, the applicants shall submit a Recycling Plan for all recyclable materials, if any, the hotel will generate during its operation. Monitoring Procedures The City Planning Department shall be responsible for assuring implementation of this mitigation measure by communicating with the City Building Official prior to the granting of a certificate of occupancy. Monitoring and Reporting Department City Planning/Building Departments. Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the preparation of all plans and reports. City staff time is considered routine and is generally funded by permit fees. Timing Implementation timing is articulated in the mitigation measure. Xl. ISSUES' ARCHAEOLOGY .Mitiqation Measures 20. If, during site preparation and grading activities, any archaeological resources are discovered, all work shall be halted, and the Planning Department notified of the discovery. The applicant shall be responsible for funding the services of a professional archaeologist to assess the discovered resources, and for the any measures developed by the archaeologist to protect the resources. Monitoring Procedures The City Planning and Public Works Departments shall be responsible for assuring implementation of this mitigation measure. Monitoring and Reporting Department City Public Works and Planning/Building Departments. Funding Responsibility The applicants shall be responsible for funding the implementation of all mitigation measures, and for the preparation of all plans and reports. City staff time is considered routine and is generally funded by permit fees. Timing Implementation timing is articulated in the mitigation measure. MINUTES CITY OF UKIAH PLANNING COMMISSION July 26, 2000 MEMBERS PRESENT Eric Larson, Chairman Judy Pruden Mike Correll Jennifer Puser Joe Chiles OTHERS PRESENT Gary Akerstrom Mark Watson Deborah Watson STAFF PRESENT Charley Stump, Planning Director Dave Lohse, Associate Planner Cathy Elawadly, Recording Secretary MEMBERS ABSENT None The regular meeting of the City of Ukiah Planning Commission was called to order by Chairman Larson at 7:02 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. 3. SITE VISIT VERIFICATION Chairman Larson polled the Planning Commission and determined each had made the required site visit. 4. APPROVAL OF MINUTES - Regular Meeting of July 12, 2000 Commissioner Pruden recommended the following changes to the minutes: Page 5, Paragraph 4, first sentence, reads, "Mr. Lohse advised that the Downtown Revitalization Guidelines do not illicit strict requirements and these Guidelines favor Iow- level screening wherein no quantifiable number of vegetation is necessary," be amended to read, "Mr. Lohse advised that the Downtown Revitalization Guidelines do not contain strict requirements and these Guidelines favor Iow-level screening wherein no quantifiable number of vegetation is necessary." Page 7, Paragraph 6, first sentence, reads, "Commissioner Pruden recommended the Commission review staff's project recommendations to include project setbacks, reorientation, fence height, and other relative issues," be amended to read, "Commissioner Pruden recommended the Commission review staff's recommendations to include project setbacks, reorientation, fence height, and other relative issues." Commissioner Correll recommended the following change to the minutes: Page 11, Paragraph 4, reads, "Commissioner Correll questioned why the restroom is located on the south side, which is a hidden area?" be amended to read, "Commissioner MINUTES OF THE PLANNING COMMISSION Page ! 2000 Correll questioned why the restroom is located on the south side, which would create a hidden area?" Commissioner Puser recommended the following change to the minutes: Page 7, Paragraph 1, reads, "Ms. Puser inquired as to the number of gallons containing chemicals to be stored on site?" be amended to read, "Ms. Puser inquired as to the number of gallons of chemicals to be stored on site?" ON A MOTION by Commissioner Correll, seconded by Commissioner Puser, it was carried by an all AYE voice vote to approve the July 12, 2000 minutes, as amended. 5. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS. No one from the audience came forward. 6. APPEAL PROCESS Chairman Larson read the appeal process to the audience. For matters heard at this meeting, the final date for appeal is August 7, 2000. 7. VERIFICATION OF NOTICI= Staff reported Airport Industrial Park Planned Development Ordinance Amendment No. 00-18, Minor Variance Application No. 00-31, and Major Site Development Permit No. 00-26 were legally noticed in accordance with the provisions as outlined in the City Municipal Code. 8. PROJECT REVIEWS 8A. Airport Industrial Park Planned Development Ordinance Amendment No. 00-18, as submitted by Gary Akerstrom, to add Highway Commercial Land uses to the list of allowed uses in the Professional Office land usc desianation for the AlP Ordinance and remove the requirement that all development projects include a viable office development component Located at the Airport Industrial Park (Assessor's Parcel Nos. 180-070 24,25,26,27,28, and 29); Zoned PD-Professional Office 8B. Minor Variance Application No. 00-31, as submitted by Mark Watson for Hampton Inn, to allow the required front yard setback for a thrcc-story hotel that would be constructed alon.q Airport Park Boulevard to bc reduced from 25 feet to 17.26. Located in the Airport Industrial Park, at 1160-1180 Airport Park Boulevard (Assessor Parcel Nos. 180-070-25 and n portion of 180-070-26); Zoned PD-Professional Office 8C. Major Site Development Permit No. 00-26 as submitted by Mark Watson for Hampton Inn to allow the construction of a three-story hotel with 7E _o. uestrooms in the Airport Business Park. Located at 1160 Airport Park Boulevard (Assessor Parcel Nos. 180-070-25 and 26 portion); Zoned Airpor' Industrial Park Planned Development-Professional Office land us," desianation. MINUTES OF THE PLANNING COMMISSION Page 2 July 26, 2000 Planning Director Stump reported the first agenda item includes the approval of the proposed Airport Industrial Park Planned Development Ordinance Amendment No. 00- 18 recommending to the City Council that Highway Commercial land use be added to the list of allowed uses in the Professional Office land use designation as provided for in Ordinance No. 1024. This Ordinance is the established governing provision for the Airport Industrial Park Planned Development. The modified amendment would allow the deletion of language relevant to Section 11(B)(2)(b) of the AlP Ordinance that requires all development projects incorporate a viable office development component. He noted other Amendment modifications intended for internal consistency would allow the term "hotels and sit-down restaurants" as allowed land uses in the Professional Office Land Use Designation and would eliminate the requirement for all projects proposed on land in the Professional Office Land Use Designation to have a viable office development component. Mr. Stump reported the second agenda item includes approval of Variance No. 00-31 allowing the proposed hotel structure to be constructed approximately 17.5 from the right-of-way for Airport Park Boulevard instead of the 25-foot wide setback as provided for in the existing Ordinance, Section 11(G)(3). Mr. Stump reported the third agenda item includes the approval of Major Site Development Permit No. 00-26 allowing for the construction of a three-story hotel encompassing 75 guestrooms on a 1.49 acre site. Mr. Stump stated that regardless of the Commission's decision to the City Council relative to the Ordinance Amendment, staff recommends the Commission proceed with the proposed Variance and the Site Development Permit actions despite the possibility the Commission may deny approval of the Amendment. This consideration would then allow the City Council to proceed with an Ordinance Amendment decision wherein the Commission's action on the Variance and Site Development Permit applications would be on record. Furthermore, this condition would allow the City Council to hear appeals in the event the Commission disapproves the applications for the proposed Variance and the Site Development Permit. He noted the existing conditions suggest that if the Commission recommends approval of the three aforementioned agenda items, then the approval entitlements would be contingent upon the Council's favorable action on the Ordinance Amendment. Associate Planner Lohse reviewed the Staff Report and reported the Planning Department recommends approval of Airport Industrial Park Planned Development Ordinance Amendment No. 00-18 with Findings Nos. 1-4, on the grounds the proposed hotel use would be consistent with the highway commercial uses located on the parcels to the east and with other commercial office and retail uses to the north and southeast. Staff noted the PD Ordinance Amendment would allow a hotel in this portion of the AlP since this highway commercial type use would be close to the freeway wherein such users would be expected to utilize the facility. Staff recommends approval of Variance No. 00-31 with Findings Nos. 1-3 on the grounds the proposed setback distance would not be a grant of special privilege and is required due to the relatively narrow width of the proposed site. Staff recommends approval of Major Site Development No. 00-26 with Findings Nos. 1-8 and Conditions of Approval Nos. 1-46 on the grounds the hotel development would be consistent with the allowed uses, development standards, and MINUTES OF THE PLANNING COMMISSION Page .3 July 26, 2000 design requirements for the proposed revised Airport Industrial Park Planned Development. The Planning Report referencing the aforementioned agenda items specifically provides for a comprehensive study analysis of the project to include project description incorporating site/building design concepts, landscape and lighting plans, consistency allowances for the General Plan and Planned Development Ordinance, compliance with the development standards pertinent to minimum/maximum lot requirements and coverage, minimum/maximum building setbacks and height issues, Ukiah Airport Master Plan consistency requirements, public utility easements, sidewalk requirements, bicycle lanes, developmental integrations, and an extensive traffic study for the area. Mr. Lohse drew attention to compliance with the PD Ordinance development standards to include the minimum building setback requirement of at least 25 feet along the entire public street frontage within the AlP wherein a Variance was necessary since the east wall of the proposed hotel would be only 17.5 feet from the right-of-way for AlP. Approval of the Major Site Development Permit would allow the hotel construction and the development of a 76 space parking lot, a large outdoor pool and recreation area with pedestrian-type amenities and extensive landscaping along all the project site perimeters. He clarified the fence along the western property line would be ten feet in height rather than six feet for visual screening purposes from the industrial uses of the adjacent property. Staff determined the project Findings were consistent with the Environmental Impact Report prepared for the AlP. Staff also determined the project was in full compliance with the development standards and the design guidelines as set forth with the Airport Industrial Park Ordinance. The proposed hotel layout was well conceived and would provide highly suitable vehicle and pedestrian access. The project would allow the direct connection with the sit-down restaurant that may potentially be developed on the parcel to the south. Staff was impressed with the building design and materials selected for the construction. While the project site may not be the most ideal location for an up-scale hotel, it would provide freeway exposure and it would be in close proximity to compatible land uses including the existing retail/commercial uses. Staff noted the City is reaching build-out capacity and there is not a large vacant parcel available for this type of development. Mr. Lohse specifically drew attention to the General Plan consistency, noting the Master Plan designation assigned to the AlP is governed by the AlP Planned Development Ordinance. The most recent Ordinance modification for the Professional Office land use designation does not include hotels, motels, or other transient residencies on the list of allowed or permitted uses, but Ordinance Amendment No. 00- 18 would include hotels in the list of allowed uses in the Professional Office designation and would delete the requirement that all development projects include an office development component. The Professional Office land use designation was originally assigned to all the properties between Talmage Road and Hastings Road that are west of the AlP in order to ensure there would be a viable business and professional office component within the AlP. This area was designated during a time when the majority of lands in the AlP were limited to industrial or retail commercial land designations in which the only ancillary office uses were allowed. However, the City Council recently approved a mixed-use designation allowing professional offices to be developed throughout large areas of the AlP wherein the need to reserve specific areas for office uses was no longer considered a critical component of the AlP Planned Development. Staff noted since the City Council's adoption of the mixed-use designation to the south of the AlP, the entire MINUTES OF THE PLANNING COMMISSION Page 4 July 26, 2000 area on the west side of Airport Park Boulevard is now opened to Professional Office development, which would be an area more consistently developed in this manner particularly if this area is in some sort of support capacity for an industrial or commercial user. Planning Commission questions to Planning Staff: Commissioner Pruden inquired regarding the project perimeters. Mr. Lohse replied there would be a vacant lot located between the proposed project site, and the office to the north would directly abut with the lumberyard. Ms. Pruden inquired according to the Parcel Map whether the long, narrow parcel immediately to the west was considered to be a part the lumberyard parcel? Staff replied affirmatively and noted the three parcels shown on the Parcel Map adjacent to the railroad tracks in addition to the long, narrow parcel belong to the lumberyard. Commission Puser drew attention to page 9 of the Staff Report regarding the traffic report and inquired whether the vacant rate should be referred to as occupancy rate? Staff replied affirmatively and staff noted there exists no definitive number with regard to the average hotel occupancy rate in Ukiah. He briefly elaborated on the various measures and reference manuals utilized in the traffic studies. Ms. Puser inquired regarding the figures for the transit occupancy tax and whether this rate has increased? She further inquired whether the annual gross receipt amount was known? Mr. Stump replied the rate is currently eight percent. He further replied staff did not have the annual gross receipt figures. Chairman Larson replied the City receives approximately $240,000 in revenue generated from the aforementioned tax and no annual comparison figures were available. It was noted the development of new hotels would increase City revenue in this capacity. Commissioner Chiles inquired whether the project light standards had been approved by ^irport Land Use Commission? It was noted Airport staff does not anticipate problems associated with the proposed lighting plan. Lighting incorporating a cement base to raise light standards higher would not be acceptable. The lights would be implemented at the height demonstrated on the plan, which would provide an overall lower light. Mr. Chiles inquired whether staff considered incorporating into the Plan a "lantern type" light, non-glowing/non-upward emitting lighting concept? Staff replied negatively and indicated the proposed type of lamps produce Iow wattage and this wattage issue has been addressed in the Lighting Plan Conditions of Approval. MINUTES OF THE PLANNING COMMISSION Page .5 July 26, 2000 Chairman Larson inquired whether a Variance would be required relative to the meandering sidewalk? Staff replied negatively and staff noted this aspect could be an amendment to be approved by the Commission. It was noted only a setback requirement would necessitate a Variance wherein such a requirement is not considered a subjective issue. A meandering sidewalk would be considered a subjective issue. Staff further noted although the meandering sidewalk issue is in the development codes contained for the AlP, there is no provision for a variance. If the Commission desired to support the applicants' request to have a straight sidewalk on the street, the Commission would have to amend the Code in order to achieve this objective. PUBLIC HEARING OPENED: 7:23 p.m. Mark Watson, 8000 Feliz Creek Road, Hopland, applicant, presented a project overview and as managing partner for Redwood Empire Lodging, he represents the developers of the proposed Hampton Hotel by Hilton. He introduced Mr. Jacobs as the finance director for Hilton International, Mr. Boyle as the Associate Builder, and Deborah Watson as the Landscape architect. He indicated the marketing strategies and/or site investigations encompassed many research hours. He reported the up-scale lodging facilities are generally located and preferred by guests in close proximity to other major services wherein the AlP is considered a major developing services area. Guests also prefer easy freeway accessibility as well as convenient accessibility into the Downtown. He briefly elaborated on Ukiah's other entertainment/service amenities that would potentially appeal to hotel guests. He advocated the hotel would operate closely with the City's Conference Center since he anticipates the facility to be used by the professional/corporate clientele in addition to the leisure traveler. He specifically noted, the Hampton Inn Hotels are used extensively by corporate clients. He further noted the hotel would employ approximately 39 persons in various employment capacities. He addressed the lighting issue wherein there would be sufficient parking lot lighting and all other associated lighting would be considered subtle muted lighting. There would be five bulbs on each fixture containing 15 watt frosted florescent, which is the equivalent to 40 watt incandescent. He noted with the tree species and proposed mature canopy height, all the lighting would be screened in a couple of years. Commissioner Correll inquired regarding the signage wherein he indicated the Commission has established a signage dimension pattern within the AlP and whether the applicants would be amenable to adjusting the dimensions to be compatible with the other approved projects. Mr. Watson replied changing the signage would be a difficulty because each proposed sign has a particular function. He would be amenable to reducing the Hampton sign by two feet, but altering the other signage would be a hardship. He discussed the sidewalk issue and noted the PD Ordinance contains language relevant to curvilinear sidewalks. He advised the proposed straight course sidewalk does contain curbs along the entire project frontage to incorporate a Iow brick landscaped wall with a Iow brick post every 20 feet. It is the applicants' contention that a curvilinear sidewalk would decrease the privacy and increase noise exposures for persons occupying rooms on the east side of the hotel and, therefore, a straight course for this path is proposed instead of the curvilinear path required in the PD Ordinance. The applicants further contend that a MINUTES OF THE PLANNING COMMISSION Page 6 July 26, 2000 curvilinear sidewalk would be more difficult for persons with disabilities to navigate since it would extend travel distances and limit lines of sight. Proposed alternatives supporting the straight course sidewalks are specifically addressed in the applicants' project description by a nonprofit consulting firm specializing in disability/accessibility issues. He reported on other project sidewalk accessibility issues in the public areas and indicated that although these pedestrian pathways were in compliance with ADA standards, there have been legal proceedings associated with this aspect. He commented incorporating sidewalks with curves does adequately satisfy the sidewalk requirements for the Airport Park Boulevard frontage. He addressed the accessibility issue relevant to straight course sidewalks versus meandering sidewalks in correlation to the handicapped wherein meandering sidewalks could potentially become a liability issue. A brief discussion followed regarding hotel future employment opportunities and the potential wage scales for these opportunities. Chairman Larson noted the City Engineer requires a certain amount of street trees and inquired what measures the applicants proposed in order to accommodate the street trees without curving the sidewalk around them? Mr. Watson indicated the street tree compliance would be accommodated on the west side of the sidewalk. Mr. Larson conducted various sidewalk observations during the site visit in order to justify applicants' rationale for implementation of a straight sidewalk as opposed to curvilinear. He does not support abandonment of the curvilinear sidewalk concept wherein a meandering sidewalk could be effectively designed without causing substantial obstructions or greater distances to persons traveling in wheelchairs or by other assistance devices. He does not support the concept that a meandering sidewalk would create an impact to the guests in the east-facing rooms. He questioned applicants' argument for this potential impact when the hotel would front a busy street with a reduced setback wherein people passing by on foot or in a wheelchair would create any more of an impact than the fast moving traffic or the impacts created from the adjacent lumber mill and/or the activities created from the commercial/retail developments across the street. Mr. Watson replied there would be no units that face the adjacent lumberyard and the east-facing rooms would incorporate balconies and patios. He commented on the Airport Boulevard traffic and indicated it was considered normal, non-intrusive traffic according to his project marketing studies. He considers an existing sidewalk meandering into the inner portions of a hotel area to be intrusive. It was his experience that most guests are more active in the evenings than in the daytime and do not consider nearby commercial/retail facilities to be obtrusive. He indicated, according to his project consultants, that 97 percent of all sidewalks are not meandering. He stated a sight impaired person learns to navigate along planes. Mr. Larson noted there would be no pedestrian access into the facility from the street sidewalk and inquired whether the applicants plan to connect the pedestrian access from the sidewalk to the facility. MINUTES OF THE PLANNING COMMISSION Page 7 July 26, 2000 Mr. Watson stated the guests entering from the sidewalk area would normally walk from the entrance driveway and access a sidewalk. Commission Puser inquired whether a pedestrian walkway was a project requirement? Staff replied a link between the sidewalk and the front walkway is required by Ordinance, which would prevent guests from utilizing the parking lot for accessibility purposes. Ms. Puser stated the AlP does not provide existing entertainment nor specialty shops/restaurants and whether the applicants considered this situation. Mr. Watson commented some of the aforementioned amenities and/or services may be provided for in the future. A brief discussion followed regarding the pro's and con's of planting olive trees on the site. Deborah Watson, Hopland, applicant and Landscape architect, presented a brief synopsis pertinent to the Landscape Plan wherein specimen trees would be utilized for the project. She drew attention to the Landscape Plan and noted the proposed conifers to be planted. She considers tourism to be the best, clean light industry that benefits communities as well as local proprietors. Mr. Larson commented street trees are generally referred to as trees, which provide some canopy on the street. It was noted a final landscaping plan was not submitted with the application, but the conifers located on northeast portion of the property is accurate. A general discussion followed regarding other hotel/resort locations in the area. Gary Akerstrom, Civil Engineer, Ukiah, reported, in terms of the PD Ordinance, when the Airport Industrial Park was formulated and developed, all properties north of Hastings Road or Commerce were initially designated Highway/Commercial on the east side and Office/Commercial on the west side. Since the Park's development, the Highway/Commercial usage is the only land use designation remaining and incorporates 1.39 acres, which constitutes the gas station and Jack-in-the-Box. Currently, the land use designation on the east side is zoned Commercial and the land use designation on the west side is zoned Professional Office wherein the lumberyard is considered a non- conforming use. He stated allowance of land use designation as Highway/Commercial on part of the eastern portion of said Park, is in keeping with the original plan for the Airport Industrial Park. He noted there would be some areas within the Park that will remain designated as Professional Office to include the Redwood Regional Center. He stated the street trees were planted in accordance City Ordinance requirements. The Redwood Business Park submitted an entire plan demonstrating a substantial use of conifers particularly redwood trees to be located within the AlP. The City utilizes application of standard Plans 601 and 602 relevant to street trees, which provide that such trees be planted adjacent to the curbing next to the street. He stated this concept is not conducive wherein there exists a driving lane adjacent to the curbing and adequate space must be given for truck and street tree clearance. He advocates street trees planted within three or four feet of the curb would be in jeopardy of being hit by MINUTES OF THE PLANNING COMMISSION Page 8 July 26, 2000 vehicles. Street trees planting should not interfere with the existing underground utilities, which are located immediately behind the curbing. Planting street trees in pipes is also not feasible due to drainage problems in the area. He recommended application of City street tree standards 601 and 602 not be implemented for projects. He also recommended Condition of Approval No. 12 be deleted since the Redwood Business Park has an established planned development Landscaping Plan for the AlP wherein street trees do not necessarily need to be specified. He indicated Condition of Approval No. 17 is not relevant to the project since the capital improvement fees for the parcels have been waived and no fees are due. It was noted a special settlement agreement exists between the City and Redwood Business Park, which provides that no capital improvement fees are due for certain parcels. Staff recommends that Condition of Approval No. 17 remain as a matter of record wherein capital improvement fee compliance is required. This compliance has been fully satisfied. A general discussion followed regarding the street tree issue in the AlP. Commissioner Puser inquired regarding the potential for increased traffic problems and associated safety issues in the area. Staff addressed the condition of Talmage Road, which is a state owned highway. The City has advised Caltrans that Talmage Road requires maintenance/repair in order to comply with City street standards. The City desires not to incorporate this road as a City street unless the road is repaired according to City standards. Staff does not anticipate increased traffic/safety problems associated with this particular project that would create impacts to be mitigated off-site. The Capital Improvement Fee program pertinent to traffic improvements is assisting in this regard. Commissioner Correll questioned whether the setback on the west side could be at zero lot line. Staff replied affirmatively by Ordinance definition. Lyn McNamara, Ukiah, Real Estate Broker, supports the project and stated the community would benefit from this project. PUBLIC HEARING CLOSED: 8:19 p.m. Planning Commission Discussion: Commissioner Pruden stated although the project is well designed, she supports incorporating the meandering sidewalk concept as well as incorporating street trees into the project. She does not favor the proposed project signage height and stated the AlP is not the ideal location for a project of such magnitude. She does not support the PD Ordinance amendment. Mr. Stump advised the meandering sidewalk issue should not be perceived as a complicated matter whereupon the straight course sidewalk would be acceptable provided there exists some curvatures for character purposes. He supports planting MINUTES OF THE PLANNING COMMISSION Page 9 July 26, 2000 street trees out of the public utility zone. Staff would work with the applicants regarding an acceptable Final Landscape Plan. There was Commission discussion regarding certain precedence provided for in other projects relative to setback issues, sidewalk/pedestrian accessibility, landscaping/lighting concepts and signage height matters, to which the Commission desires to maintain this established project consistency. The Commission's intent is to avoid making compromises on the aforementioned issues in order to accommodate the desires of each applicant. It was noted most of the Commissioners supported the proposed Variance. Commissioner Chiles proposed incorporating a sidewalk encompassing curvatures along with a planter adjacent to the curb and in order to comply with ADA requirements, the sidewalk could be set back further from the curb. Ms. Pruden reported ADA is subject to Civil Code requirements pertaining to sidewalk widths, grades, and levels as opposed to whether the sidewalk is straight or meandering. Mr. Chiles suggested removal of the "reader board" on the Hampton Inn sign would allow for an appropriate signage height, which would be in compliance with the other approved projects in the AlP. It was noted an eight-foot signage height limit was approved for the Ken Fowler project and this project consistency should be applied to the Hampton Inn project. Mr. Larson indicated meandering sidewalks are required by the PD Ordinance and an amendment must be proposed in order to delete this requirement. He further indicated if a full setback for this project were anticipated, there would be sufficient room for the sidewalk to meander. He supported the concept that some degree of meandering sidewalks are necessary and appropriate and he recommended introducing curbside landscaping techniques in order to mitigate the straight line visual sidewalk impacts. There has been a great deal of safety discussion relative to implementing sidewalks directly adjacent to travel lanes. He noted since a Variance is likely to be granted, integrating pedestrian landscaping and/or other amenities would be appropriate. Mr. Larson stated given the property constraints, the applicants chose to develop a sizeable hotel on the site, which does not adequately provide justification for a Variance on the setback. He did not have a problem with the setback, itself, but he did not support the Findings associated with the proposed Variance. He noted approval of the Variance would be a grant of special privilege wherein staff's argument contends that lesser setbacks exist within the City, but not within the AlP wherein those setbacks are specifically part of the AlP Planned Development Ordinance. He noted prior approved AlP projects complied with the Ordinance setback requirements. The situation being if the proposed site were ideal, the notation of requiring a Variance would be contradictory. It was noted the site's Commercial zoning does allow for a zero lot line whereupon the project could potentially be moved further west, thus eliminating the necessity for a Variance provided no setback is required for the back side of the property. It was noted the backside of the property would be utilized as a service and maintenance quarters. MINUTES OF THE PLANNING COMMISSION Page ]0 July 26, 2000 Mr. Lohse stated even though no setback is required for the project, it actually enhances the design because it does not place guests directly overlooking the property to the west. The PD Ordinance allows for the construction of a 10-foot high fence to be developed on the west side. The Ordinance provides for a six-foot standard fence height allowance, but a higher fence standard is acceptable provided it is approved as part of the Site Development Permit process and there is no variance or other discretionary review requirement necessary. There are no special provisions within the PD Ordinance for the AlP regarding fence heights and fence criteria is not governed by the Municipal Code for this area. There was a brief discussion regarding the proposed lighting concept and it is the Commission's preference that lighting be shielded and directed downward. Staff supports the applicants' high standard lighting approach, which includes Iow intensity lighting features designed to be directed toward the ground. However, some of the lighting fixtures would emit light outward and upward. Staff incorporated Condition of Approval No. 20 to ensure that lighting would not be extended skyward or shine off the site. Mr. Larson supports the overall project lighting features and fixtures/globes, and is hopeful the applicant would be able to uniformly incorporate internal shielding globes reflecting the bulk of the light outward and downward rather than upward. A discussion followed whether a project condition should be imposed requiring the applicants to maintain a particular wattage and frosted globes to prevent lighting impacts. Mr. Larson was not supportive of the proposed PD Ordinance Amendment and he also would be supportive of an amendment deleting Professional Office and Industrial uses within the Park, since these land uses would probably not be used to any significance in the future. The AlP is no longer to be considered an industrial park since it has become primarily a retail/commercial area. Mr. Chiles inquired whether the planters between the two driveways would require a meandering sidewalk or will the sidewalk extend to the curb at this point. Mr. Stump replied the sidewalk would extend to the curb, since it is considered a very short distance. Ms. Pruden did not support the Ordinance being triggered by projects. Mr. Stump commented the reason for not recommending the proposed amendment to the Ordinance should not be based on the premise, "it is just another amendment to the PD Ordinance." He further commented, "holding the project at bay because the Commission does not want to amend the Ordinance again," would not be fair and/or reasonable. Ms. Puser indicated the AlP history demonstrates that land use designations were modified to reflect the necessities of a particular project. Although there exists the possibility that office space would be lost, there is plenty of office space located in the Downtown. She further noted the last time the City Council overturned the Planning Commission's recommendation for AlP zoning, it added more office space, which from a MINUTES OF THE PLANNING COMMISSION Page ] ! July 26, 2000 ¢-1/ planning perspective, was pointless. She stated a hotel/restaurant does not belong in an industrial park and argued the Park is no longer industrial. Mr. Stump reminded the Commissioners the amendment's objective is not to usurp any industrial land for any high tech companies in lieu of Professional Office use. He understands that the Commission has been concerned about Professional Office uses in the AlP. He noted if the Commission desires not to have Professional Office in the Park, the argument-supporting visitor serving commercial is valid for this particular property where the Professional Office use has been designated. He noted the proposed Highway/Commercial use would be conducive zoning for the particular area as opposed to Professional Office land use designation. Mr. Correll expressed his concern regarding the AlP land use designation changes and stated past changes affect land use direction for future projects. Mr. Larson was not supportive of the project's location. ON A MOTION by Commissioner Chiles, seconded by Commissioner Correll, it was carried by the following roll call voice vote to recommend approval of Airport Industrial Park Planned Development Ordinance Amendment No. 00-18, based on Findings Nos. 1-4, as outlined in the Staff Report, and as discussed above. AYES: NOES: ABSTAIN: ABSENT: Commissioners Correll and Chiles Commissioners Puser, Pruden, and Chairman Larson None None ON A MOTION by Commissioner Pruden, seconded by Commissioner Chiles, it was carried by the following roll call vote to approve Variance No. 00-31, based on Findings Nos. 1-3, as outlined in the Staff Report, and as discussed above. AYES: NOES: ABSTAIN: ABSENT: Commissioners Correll, Chiles, Puser and Pruden Chairman Larson None None It was noted approval of the Variance and Major Site Development Permit are contingent upon City Council's adoption of the PD Ordinance Amendment. Mr. Lohse recommended the following Major Site Development Permit Condition of Approval modifications: Condition of Approval No. 12 would remain the same as written, but staff will consult with the City Engineer to ensure the standard drawings would be the most effective way to plant and to investigate whether the proposed plantings would create problems for the trees. Condition of Approval No. 17 would be reviewed by staff. Condition of Approval No. 20 shall be modified to read: A Landscaping and Lighting Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of MINUTES OF THE PLANNING COMMISSION Page ]2 July 26, 2000 Occupancy for the building. This plan shall include, but not be limited to the following: a. A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation, including required street trees in the setback abutting Airport Park Boulevard; b. A planting schedule for all vegetation installed on the site; c. A maintenance and watering schedule for all vegetation; d. A lighting plan for exterior lighting installed or otherwise used on the site that includes bulb wattages that are sufficiently Iow and light globes that are frosted and/or shielded to ensure excessive levels of light do not shine skyward; e. The location dimensions for the meandering sidewalk adjacent to Airport Park Boulevard and pedestrian linkage with public sidewalk along Airport Park Boulevard. Condition of Approval No. 44 shall be modified to read, "Prior to the final inspection of the building, and issuance of a certificate of occupancy, the applicants shall submit a Recycling Plan for all recyclable materials, if any, the hotel will generate during its operation." Existing Condition of Approval No. 46 shall be renumbered as Condition of Approval No. 27 and the proposed Condition of Approval No. 46 shall read: "The approval of the Site Development Permit is contingent upon the City Council's adoption of the Airport Industrial Park Ordinance." Condition of Approval No. 48 shall read: "The freestanding signs shall be limited to a maximum height of 8 feet from grade." There was a motion made to approve Major Site Development Permit No. 00-26, based on Findings Nos. 1-8 and Conditions of Approval Nos. 1-48. There was also another motion to amend the motion. There was a further motion to amend Finding No. 1 as recommended in the discussion below. Staff noted it was not necessary to vote on the motion to amend the motion wherein a Commission agreement would suffice. Chairman Larson inquired whether Site Development Permit Finding No. 1 could be deleted. Planning Director Stump replied a General Plan consistency Finding cannot be deleted, but recommended consistency language contained in the Finding to read "Airport Industrial Park Planned Development Ordinance, as proposed for amendment." ON A MOTION by Commissioner Pruden, seconded by Commissioner Puser, it was carried by an all AYE voice vote to approve Major Site Development Permit No. 00-26, based on Findings Nos. 1-8 and Conditions of Approval Nos. 1-48, as outlined in the Staff Report, and as recommended and discussed above. Commissioner Pruden commented the zoning land use designation issues for the AlP have been ongoing and complicated. She preferred the hotel be located within the Downtown corridors so that many of the Downtown services could be utilized and enjoyed by the clientele. MINUTES OF THE PLANNING COMMISSION Page ]3 July 26, 2000 9. ELECTION OF CHAIRMAN AND VICE CHAIRMAN The Commission elected to postpone this agendized item until the next regular meeting. 10. A. B. C. PLANNING DIRECTOR REPORTS City Council and Redevelopment Agency Actions Future Planning Commission Agenda Items Status Report Planning Director Stump briefly reported on upcoming projects to be reviewed by the Planning Commission. He reiterated the Planning Commission's budget for training seminars was approved by City Council. He advised staff is formulating a landscaping plan example, outlining specific landscaping elements which would provide applicants with necessary landscaping plan information and recommendations. It is anticipated this process should provide staff as well as the Commission with improved project landscaping plans. 11. PLANNING COMMISSION REPORTS The Commission recommended applicants be required to submit site development plans incorporating further detail relative to concise property line delineations, traffic circulation and parking, landscaping/pedestrian access and other pertinent plan characteristics. 12. ADJOURNMENT There being no further business the Planning Commission adjourned at 9:44 p.m. Eric Larson, Chairman Cathy Elawadly, Recording Secretary MINUTES OF THE PLANNING COMMISSION Page ]4 July 26, 2000 9d ITEM NO. DATE: August 16, 2000 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE REVISING UKIAH MUNICIPAL CODE DIVISION 9, CHAPTER 2, ARTICLE 15.5 (HOMELESS FACILITIES); ADOPTION OF RESOLUTION ESTABLISHING USE AND DEVELOPMENT GUIDELINES FOR HOMELESS SHELTERS; AND APPROVAL OF A MITIGATED NEGATIVE DECLARATION SUMMARY: At the City Council meeting on August 2, 2000, the Council conducted a public hearing and discussed proposed amendments to the Ukiah Municipal Code to update the current provisions for homeless facilities. At the conclusion of the discussion, the Council decided to continue the matter for two weeks to allow interested people time to review and comment on additional changes recommended by the City Attorney. After the meeting on August 2, 2000, staff sent copies of the proposed City Attorney changes to the Ordinance to everyone who has participated or expressed an interest in this project. To date, staff has not received any written or verbal comments. Attached are a revised Ordinance and Resolution reflecting the changes recommended by the City Attorney, as well as the Mitigated Negative Declaration and Agenda Summary Report from the August 2, 2000 City Council meeting. The draft minutes of the August 2, 2000 City Council public hearing are included as Item No. 4 in the City Council packet. RECOMMENDED ACTION: 1) Conduct the continued public hearing; 2) Approve the Mitigated Negative Declaration; 3) Introduce the Ordinance revising the Ukiah Municipal Code; and 4) Adopt the Resolution establishing Use and Development Guidelines for Homeless Facilities. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not approve the Mitigated Negative Declaration, introduce the Ordinance, or adopt the Resolution, and provide direction to staff. Citizen Advised: Mendocino County Department of Social Service, The Ford Street Project, and other interested organizations and individuals Requested by: Planning Department Prepared by: Charley Stump, Planning Director Coordinated with: Candace Horsley, City Manager, and David Rapport, City Attorney Attachments: 1. Draft Ordinance 2. Draft Resolution 3. Mitigated Negative Declaration 4. Agenda Summary Report, dated August 2, 2000 APPROVED: Candace Horsley, City M'~nager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 15.5 (HOMELESS FACILITIES), CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH MUNICIPAL CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9265 of the Ukiah Municipal Code, Division 9, Chapter 2 (Zoning) is amended by revising Article 15.5 (Homeless Facilities) as indicated on Exhibit "A" attached to this Ordinance. SECTION TVVO The amendments to Article 15.5 of Chapter 2 of the Ukiah Municipal Code include establishing a Use Permit process to review and approve homeless shelters of all types in most locations throughout the City. They also reference a set of "Homeless Shelter Use and Development Guidelines" that would be adopted in Resolution form by the City Council. The Guidelines include a Purpose and Intent Statement; Permit and Planning Requirements; and Operational requirements. The purpose of having these Guidelines in Resolution form rather than within the body of the Municipal Code, is because they can be more easily modified in the future as a result of operational experiences and changing needs. SECTION THREE This amendment to Article 15.5 of Chapter 2 of the Ukiah Municipal Code is necessary to ensure that the City has up-to-date regulations for homeless facilities, and to provide broader Iocational opportunities, flexible standards, and a public hearing and decision making process. SECTION FOUR This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on ., by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk EXHIBIT "A" HOMELESS FACILITIES ORDINANCE CHAPTER 2 ZONING ARTICLE 15.5 HOMELESS SHELTERS SECTION: §9171' [}9172: Use Permit Required Approval Guidelines Established by Council Resolution {}9171' Use Permit Required Ao All homeless shettem facilities in the City of Ukiah require Planning Commission review and approval of a Use Permit, consistent with {}9262 of the Zoning Code. Bo Actions by the Planning Commission relative to a homeless ~ facility Use Permit may be appealed to the City Council ~,.,r,.., ~." fi"'"~,,~., '" "" ~ " ~ ', ,,.. .. .., .. , ... , , , consistent with §9262.D.4. of the Zoning Code. C. Homeless facilities may be proposed and approved in the following zoning districts: CN (Neighborhood Commercial); C-1 (General Commercial); C-2 (Heavy Commercial / Light Industrial); PF (Public Facilities); R-1 (Single Family Residential) R-2 (Medium Density Residential) and R-3 (High Density Residential). {}9172: Use Permit Approval Guidelines Ao The City Council shall adopt and m~i,-,t~i,-, may, from time to time, amend Use and Development Guidelines for homeless ~ facilities. B. Such Guidelines shall be .~..r~,, .~¢,....~ in cn adopted b_b_y r- ..... ;w D..,;.,, Resolution, which shall be made available to any applicant seeking to construct or install a homeless shelteF facility in the City. Co Such Guidelines shall be utilized by applicants to design and organize any proposed homeless shelte~ facility in the City. Do Such Guidelines shall be utilized by the Planning Commission, or City Council in its decision to approve, deny, or modify a homeless ~ facility Use Permit. Eo Conditions of Approval established by the Planning Commission, or City Council in its review and approval of any homeless shelte+ facility shall be based on the adopted homeless shetteF facility guidelines. F, An approved homeless ~ facility Use Permit may be revoked if the shelter is not being conducted in compliance with the Conditions of Approval, or in violation of any other ordinance pertaining to its operation. Revocation proceedings shall be conducted in ~ m~,-,,-,cr cc,",c!ctc,-,t accordance with §9262.H. of the Zoning Code. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING HOMELESS SHELTER USE AND DEVELOPMENT GUIDELINES FOR SITING, DESIGNING AND USING HOMELESS FACILITIES WHEREAS, in 1988, the City of Ukiah adopted Article 15.5 (Homeless Facilities) of Chapter 2, Division 9 of the Ukiah Municipal Code; and WHEREAS, since 1988, the siting, design, and operational needs for homeless shelter facilities has changed, which has rendered the existing 1988 regulations out-dated and inflexible; and WHEREAS, on July 12, 2000, the City Planning Commission conducted a public hearing to consider revisions to Article 15.5 (Homeless Facilities) of Chapter 2, Division 9 of the Ukiah Municipal Code; and WHEREAS, after the conduct of the public hearing, the Planning Commission voted unanimously to recommend City Council adoption of the Ordinance revising the Municipal Code, and approval of a Resolution establishing Homeless Shelter Use and Development Guidelines; and WHEREAS, On August 2, 2000, the City Council, after the conduct of a public hearing, approved a Negative Declaration of Environmental Impact, and adopted an Ordinance revising Article 15.5 (Homeless Facilities) of Chapter 2, Division 9 of the Ukiah Municipal Code; and WHEREAS, the newly adopted Ordinance calls for the adoption of a Resolution establishing Homeless Shelter Use and Development Guidelines; and WHEREAS, the City Council has reviewed the Homeless Shelter Use and Development Guidelines, included as Exhibit "A" herein; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby approves the Homeless Shelter Use and Development Guidelines to be used to guide the use, siting, and design of homeless shelter facilities in the City of Ukiah. PASSED AND ADOPTED on ., by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk EXHIBIT "A" HOMELESS FACILITY RESOLUTION HOMELESS SHELTER FACILITY USE AND DEVELOPMENT GUIDELINES I. Purpose and Intent In recognition of the growing numbers of homeless persons in the Ukiah area, these guidelines are intended to provide the entitlement frcmewerk a guide by which a temporary or long-term homeless shelter miC=rt could be established within the City of Ukiah. They are also intended to ensure that the public's health, safety, and welfare are maintained. The term "homeless shelter" means the same as "homeless facility." II. Permit and Planning Requirements Use Permit: All homeless shelters require Planning Commission approval of a Use Permit, consistent with the provisions contained in Ukiah Municipal Code §9262. Use Permit applications are on file in the office of the Planning Department. Conditions of approval shall be imposed by the Planning Commission -"- VV %1 1 ~14 Ii~ "Gu!de!!.":es" =."e s=ti~fied in accordance with Article 15.5, Chapter 2 of the Ukiah Municipal Code. Decisions of the Planning Commission may be appealed to the City Council. Shelter Management Plan: Shelter providers shall establish a Shelter Management Plan in conjunction with the required Use Permit. Shelter Management Plans shall address issues such as transportation needs, client supervision, food service (if any or if allowed), client services, interior and exterior building improvements for client and neighborhood welfare, pets, and any other component which might bear on ensuring that the shelter is operated in a safe, efficient, and sanitary manner. The Shelter Management Plan shall also include measures to be implemented that will ensure compatibility with surrounding land uses. III. Operational =nd C~.-.tev_t,_'=! Standards: A. Minimum Distance to Nearest Residential Development: ................... ~ ....... ~ ~po~ Homeless f~dlJties s~ll be loo~te~ ~ su~dent ~ist~noe from residential developments so that they will not create adversely impacts. Factors such as topography, landscapinq, structures, and other natural or man-made features shall help to determine whether or not a proposed facility could have an adverse impact on residential areas. B. Minimum Distance to Nearest School or Public Park: cnn ~....,/ri;o, ....... ~ ,~o,- v'Slll~V i~,.,1~,.,~i. ~lll,~llklll~Ik,41 IVY rUE I kY IVV~ .............. ~ ....... ~ ~pO~ ,~, ~, v, ' ....... ~,,,~, ~ ........ , v ~ Ul lU V~l I~i l~V~Vl v ~I lU~ ,~ ~o;,;,y ~ ..... ;~,; .... ~'~ -- ~..~'; .... ~ Homeless f~cilities sh~ll be loc~ted ~ su~cient · i iv lUVlll~ ii Vli i v~iV~ll i~ VVl ivvlv Vl ~U~llV ~Ul l~V. distance from schools ~nd p~rks so that the~ will not create ~dverselv impacts. F~ctors such ~s topography, landscaping, structures1 and other natural or man-made features shall help to determine whether or not a proposed facility could have an adverse impact on schools and parks. School and public park hours of use shall also be considered when determining the appropriate distance from schools and parks. C. Hours of Operation: Temporary homeless shelters typically are restricted to the hours of 6:00 p.m. to 8:00 a.m., during winter months (November to March). Hours can vary depending on the severity and/or duration of the winter, or any other unforeseen factor (e.g., natural disaster, etc.) which, individually or collectively, warrant different hours of operation. Permanent homeless shelters are allowed to have expanded hours of operation, depending upon the extent of in-residence services provided. D. Shelter Separation from Other Shelters: Shelter Size (Number of Beds) 25 or less 26 - 75 76 - 100 101 - 125 Min. Separation from Other Shelters 0.25 miles 0.50 miles 1.00 miles 1.50 miles 126 or more 2.00 miles E. Location: Shelters should be located within a reasonable distance or travel time from services and facilities used by the homeless (e.g., food service, bus stops, government offices, etc.). They should be in areas that are safe and have Iow crime rates. Shelters should be located so as to minimize travel routes through residential neighborhoods to get to transit facilities or other services needed by the homeless. Finally, they should be located so their operations do not conflict with nearby businesses. F. Shelter Site and Facility Size/Capacity: The size of the shelter site should be commensurate with the size of the proposed shelter structure and the activities attendant to its operation. To insure that the shelter operation is fully contained on site, the building should be of sufficient dimension and capacity to house the proposed number of residents and provide space for a variety of support activities, as well as other activities and facilities essential for its operation. This would include, but not be limited to, adequate shower/bath facilities, toilets, off- street parking, staff facilities, food preparation facilities, counseling center, health screening facilities, day care center, and the like. G. Enclosed and Screened Facilities: Shelter activities should be enclosed within buildings, except for outdoor waiting areas and play areas for shelters which accommodate families with children. Outdoor areas associated with the shelter should be enclosed and appropriately screened to ensure privacy and to provide comfortable waiting areas. H. Lighting: Adequate on- and off-site lighting should be provided. I. Access: Adequate pedestrian access should be provided between a homeless shelter and transit facilities and other services needed by the homeless. CITY OF UKIAH NEGATIVE DECLARATION DATE: APPLICANT: PROJECT: LOCATION: June 14, 2000 Ukiah Planning Department Ukiah Municipal Code Amendment - Chapter 2, Article 15.5 (Homeless Shelter Facilities) Citywide DESCRIPTION OF PROPOSAL: The project consists of substantially revising Article 15.5 of Chapter 2 of the Ukiah Municipal Code (Homeless Shelter Facilities). The new regulations establish a Use Permit process to review and approve shelters, and they refer to a set of use, placement, and development guidelines to assist applicants and decision-makers in accomplishing this task. ENVIRONMENTAL SETTING: The City of Ukiah is a densely developed urban environment. ENVIRONMENTAL ANALYSIS: An Initial Study of potential environmental impacts resulting from the project was prepared, and a number of potentially significant adverse environmental consequences were identified. These included impacts to earth and soils from the development of future homeless facilities; an increase in air pollution from the fugitive dust cause by construction activities; potential impacts to creeks and streams as a result of the potential development of future homeless facilities; potential noise impacts; and potential light and glare impacts. However, the Ordinance requires the securing of a discretionary Use Permit, which in turn, requires individual environmental review. These potential impacts will be evaluated on a case-case basis for compliance with he California Environmental Quality Act. This document contains possible mitigation measures that could be applied to future projects through the individual environmental review processes for all future homeless facility proposals. FINDINGS SUPPORTING A NEGATIVE DECLARATION: Based upon the analysis, findings, and conclusions contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment. . Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals. Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable. , Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. . The potentially significant impacts resulting from this project would be mitigated to levels that are not considered to be significant if the recommended mitigation measures or similarly effective and feasible mitigation measures are incorporated into the environmental documents of future homeless shelter development proposals. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that there is no substantial evidence that the project will have a significant adverse impact on the environment, and further, that this I~egative Declaration constitutes compliance with the requirements for environmental review ~3qd analysis required by th~ California Environmental Quality Act. This Negative Declaration and associated Initial s.s.!u/~_.m~, b,,e' reviewe.~'~the~ah branch of the Mendocino County Library at 105 North Main Street, Ukiah, or at the //~ah Civic Center, 300 Seminary Avenue, Ukiah, California. (707) 463-6200. · 2 INITIAL STUDY OF POTENTIAL ENVIRONMENTAL IMPACTS BACKGROUND INFORMATION e w 1 Sm t Se . Name of Project Proponent: City of Ukiah Plannin.q Department Address of Project Proponent: 300 Seminary Avenue, Ukiah, CA 95482 Name of Project: Ukiah Municipal Code Amendment - Chapter 2, Article 15.5 (Homeless Facilities). Assessor's Parcel Number(s): N/A Date of Initial Study Preparation: June 14, 2000 Name of Lead Agency: City of Ukiah Address and Phone Number of Lead Agency: 300 Seminary Avenue, Ukiah, CA 95482 / (707) 463-6200 Project Description: (See the detailed proiect description on pare 2 of this Initial Study). Person(s) Responsible for Preparing Initial Study: ~7~t~'mp,~t~' Plan ,ng Director PROJECT DESCRIPTION The Ukiah Municipal Code currently contains Article 15.5 entitled, "Homeless Facilities." It was written and adopted in 1988, and has not been altered or amended since that time. The proposed code amendment project involves deleting the existing language and replacing it with the following text: CHAPTER 2 ZONING ARTICLE 15.5 HOMELESS SHELTERS SECTION: §9171' Use Permit Required §9172: Approval Guidelines Established by Council Resolution §9171' Use Permit Required A. All homeless sheltem facilities in the City of Ukiah require Planning Commission review and approval of a Use Permit, consistent with §9262 of the Zoning Code. B. Actions by the Planning Commission relative to a homeless shelte~ facility Use Permit may be appealed to the City Council for c fi,-,a! dec!c~c,-,, consistent with §9262.D.4. of the Zoning Code. C. Homeless facilities may be proposed and approved in the following zoning districts: CN (Neighborhood Commercial); C-1 (General Commercial); C-2 (Heavy Commercial/Light Industrial); PF (Public Facilities); R-1 (Single Family Residential) R-2 (Medium Density Residential) and R-3 (High Density Residential). §9172: Use Permit Approval Guidelines A. The City Council shall adopt and ma!,-,ta!,-, may, from time to time, amend Use and Development Guidelines for homeless ~ facilities. B. Such Guidelines shall be clearly defined ;" c,", adopted b_y Ccunci! Pcllcy Resolution, which shall be made available to any applicant seeking to construct or install a homeless sheite~ facility in the City. C. Do E. F. Such Guidelines shall be utilized by applicants to design and organize any proposed homeless ~ facility in the City. Such Guidelines shall be utilized by the Planning Commission, or City Council in its decision to approve, deny, or modify a homeless shelte¢ facility Use Permit. Conditions of Approval established by the Planning Commission, or City Council in its review and approval of any homeless shette¢ facility shall be based on the adopted homeless shelte¢ facility guidelines. An approved homeless shelte¢ facility Use Permit may be revoked if the shelter is not being conducted in compliance with the Conditions of Approval, or in violation of any other ordinance pertaining to its operation. Revocation proceedings shall be conducted in a mcnner ccnc~ctent accordance with §9262.H. of the Zoning Code. HOMELESS SHELTER FACILITY USE AND DEVELOPMENT GUIDELINES I. Purpose and Intent In recognition of the growing numbers of homeless persons in the Ukiah area, these guidelines are intended to provide the ent!tleme,-,t frcme:'.'o~ a .quide by which a temporary or long-term homeless shelter might could be established within the City of Ukiah. They are also intended to ensure that the public's health, safety, and welfare are maintained. The term "homeless shelter" means the same as "homeless facility." II. Permit and Planning Requirements Use Permit: All homeless shelters require Planning Commission approval of a Use Permit, consistent with the provisions contained in Ukiah Municipal Code §9262. Use Permit applications are on file in the office of the Planning Department. Conditions of approval shall be imposed by p!dt · the Planning Commission....-"' *~'-'*., ,.... *~'~.., ,.. c..,'--'~,.. intent, II ~ in accordance with Article 15.5, Chapter 2 of the Ukiah Municipal Code. Decisions of the Planning Commission may be appealed to the City Council. Shelter Management Plan: Shelter providers shall establish a Shelter Management Plan in conjunction with the required Use Permit. Shelter Management Plans shall address issues such as transportation needs, client supervision, food service (if any or if allowed), client services, interior and exterior building improvements for client and neighborhood welfare, pets, and any other component which might bear on ensuring that the shelter is operated in a safe, efficient, and sanitary manner. The Shelter Management Plan shall also include measures to be implemented that will ensure compatibility with surrounding land uses. A. Minimum Distance to Nearest Residential Development: ~ cn fcc* fr~;,.~ ................... ~. ....... ~ upcn Homeless facilities shall be located a sufficient distance from residential developments so that they will not create adversely impacts. Factors such as topography, landscaping, structures, and other natural or man-made features shall help to determine whether or not a proposed facility could have an adverse impact on residential areas. lUV~VIV illUl V~II~I illV IUVIllI~ IlVlll V~IV~III~ IVVI~ II~lUl B. Minimum Distance to Nearest School or Public Park: cnn ~c* f~;~* ....... ~c '"~'~' ~h~n C~ ~ A~n~Ain~ , ,~nn fnn~r~nh~, I~nAe~n;n~ elf, ,~, ,r~ ~nA ~lh~r ~re lh~ ~, ,~. · ,,~,, vvv ,v~ ~,,~,,,~ ~v,, ~v~v~,~,,j~ .~,,~vv~,,,~ vk,~v~,~v~ ~,,~ ~, ,~, ,~v~,~ ~,,~k ~,~, '"~ ~;';t~' ~ ..... ~,; .... .~,~ ..... ~'~ ~ Homeless facilities shall be located a su~cient distance from schools and parks so that they will not create adversely impacts. Factors such as topography, landscaping, structures, and other natural or man-made features shall help to determine whether or not a proposed facility could have an adverse impact on schools and pa~ks~ School and public park hours of use shall also be considered when determining the appropriate distance from schools and parks. C. Hours of Operation: Temporary homeless shelters typically are restricted to the hours of 6:00 p.m. to 8:00 a.m., during winter months (November to March). Hours can vary depending on the severity and/or duration of the winter, or any other unforeseen factor (e.g., natural disaster, etc.) which, individually or collectively, warrant different hours of operation. Permanent homeless shelters are allowed to have expanded hours of operation, depending upon the extent of in- residence services provided. D. Shelter Separation from Other Shelters: Shelter Size (Number of Beds) Min. Separation from Other Shelters 25 or less 0.25 miles 26 - 75 0.50 miles 76- 100 1.00 miles 101 - 125 1.50 miles 126 or more 2.00 miles E. Location: Shelters should be located within a reasonable distance or travel time from services and facilities used by the homeless (e.g., food service, bus stops, government offices, etc.). They should be in areas that are safe and have Iow crime rates. Shelters should be located so as to minimize travel routes through residential neighborhoods to get to transit facilities or other services needed by the homeless. Finally, they should be located so their operations do not conflict with nearby businesses. F. Shelter Site and Facility Size/Capacity: The size of the shelter site should be commensurate with the size of the proposed shelter structure and the activities attendant to its operation. To insure that the shelter operation is fully contained on site, the building should be of sufficient dimension and capacity to house the proposed number of residents and provide space for a vadety of support activities, as well as other activities and facilities essential for its operation. This would include, but not be limited to, adequate shower/bath facilities, toilets, off-street parking, staff facilities, food preparation facilities, counseling center, health screening facilities, day care center, and the like. G. Enclosed and Screened Facilities: Shelter activities should be enclosed within buildings, except for outdoor waiting areas and play areas for shelters which accommodate families with children. Outdoor areas associated with the shelter should be enclosed and appropriately screened to ensure privacy and to provide comfortable waiting areas. H. Lighting: Adequate on- and off-site lighting should be provided. I. Access: Adequate pedestrian access should be provided between a homeless shelter and transit facilities and other services needed by the homeless. CONTEXT OF INITIAL STUDY As a result of the proposed code amendment language, a property owner or agent would be required to pursue a Use Permit to open and operate a homeless facility. It is understood and acknowledged that while such a facility would more than likely be opened within an existing building, it is possible that it could also result in the construction of a new building. Accordingly, this Initial Study evaluates the potential environmental impacts resulting from the proposed code amendment language, and the possible new construction of a building that would be used as a homeless facility. Even though future environmental review would be required of any Use Permit proposal for a homeless facility, mitigation measures are recommended that are intended to guide the future individual environmental review processes. DISCUSSION OF POTENTIAL IMPACTS AND RECOMMENDED MITIGATION MEASURES 1 EARTH AND SOILS: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. According to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. According to the Soil Survey of Mendocino County, Eastern Part, and Trinity County Southwestern Part published by the U.S. Soil Conservation Service, the urban portions of the City are underlain by terraces of alluvial plains. Concrete, asphalt, buildings, or other impervious surfaces typical of a city environment cover the majority of these soils. Drainage, surface runoff, and available water capacity are all variable. A. Impacts Revising the language of the existing Ukiah Municipal Code to better define and permit homeless facilities, will not in and of itself have a significant adverse impact on soils within the City. However, when examining the language in terms of what impact a newly constructed building that would house a homeless facility may have on the soils within the City limits, it is concluded that theoretically, such a facility could have an unacceptable impact, depending upon its size, capacity, specific location, and other factors. Accordingly, the proposed code language requires discretionary review of any proposal for a temporary homeless facility, which engages CEQA review. In this way, the size, capacity, location and other factors of a specific proposal can be fully understood and evaluated for potential adverse impacts to soils and earth. It is concluded that it while it is impossible to evaluate what impact a proposed homeless facilities may have on local soils without knowing where they are proposed, and how big they are, routine mitigation measures can be effective in assuring that potential impacts are kept at a level that is considered less than significant. g B. Miti.clation Measures . Future proposed homeless facilities involving site preparation, grading, and actual construction, shall not permitted without the review and approval of a Grading and Drainage Plan by the City Engineer. This Plan shall include, but not be limited to, the following: ao co the extent of modifications to existing drainage patterns on the site; the extent of storm drainage improvements and erosion control measures for building pads, driveways, parking lot areas and other movements of soils; other development that the City Engineer determines could adversely affect existing drainage patterns on the site or abutting properties or cause wind or water erosion; C. Impact Significance After Mitigation Requiring a grading and drainage plan for projects involving site preparation, grading, and actual construction ensures that potential impacts are kept to a level that is less than significant. However, the effectiveness of these mitigation measures must be confirmed by the additional environmental review required for future individual projects. AIR QUALITY A. Settinq: Air Basin Characteristics The concentration of a given pollutant in the atmosphere is determined by the amount of pollutant released and the atmosphere's ability to transport and dilute the pollutant. The major determinants of transport and dilution are wind, atmospheric stability, terrain, and sunshine. In Ukiah, the combined effects of moderate winds, clear skies, frequent atmospheric inversions that restrict vertical dilution, and terrain that restricts horizontal dilution, result in a relatively high potential for air pollution. The City of Ukiah is situated in the flat and narrow Ukiah Valley. The presence of the mountains on both the west and east sides of the valley create the terrain that tends to restrict the horizontal east-west movement of pollutants. The dominant wind direction in the Ukiah Valley is from the northwest to the southeast. VVind speeds in the central portion of the community are moderate, with wind speeds of 4 mph or less occurring over 60 percent of the time. While the potential for air pollution is high in the Ukiah Valley, the actual pollutant levels are relatively Iow due to the lack of upwind sources and the relatively Iow level of development in the local air basin. B. Air Quality Standards The Federal Clean Air Act Amendments of 1970 established National Ambient Air Quality Standards for six "criteria pollutants." These include photochemical ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide, particulate matter, and lead. California then adopted its own Clean Air Act in 1977, creating separate and stricter air quality standards. Each standard is shown as a duration of time for which a specific contaminant level cannot exceed. The standards are designed to protect the public from health hazards, visibility reduction, soiling, nuisance, impacts to agricultural crops, and other forms of air quality damage. Table I: Federal and State Ambient Air Quality Standards Pollutant Average Time Federal Standard Ozone 1-hour 0.12 PPM Carbon Monoxide Nitrogen Dioxide Sulfur Dioxide PM-10 Lead 8-hour 1-hour Annual 1-hour Annual 24-hour 1-hour Annual 24-hour 30-day Avg. Month Avg. 9.0 PPM 35.0 PPM 0.05 PPM ------ 0.03 PPM 0.14 PPM N-- 50 ug/m3 150 ug/m3 1.5 ug/m3 State Standard 0.09 PPM 9.0 PPM 20.0 PPM 0.25 PPM 0.05 PPM 0.5 PPM 30 ug/m3 50 ug/m3 1.5 ug/m3 PPM = Parts per Million uglm3 = Micrograms per cubic meter D. Existing Air Quality in Ukiah The Mendocino County Air Quality Management Distdct (MCAQMD) operates a monitoring site in Ukiah measuring concentrations of PM-10. Prior to August 1988 the District also monitored several gaseous pollutants in Ukiah. In August of 1992, the District again established a multi-pollutant monitoring site in Ukiah for gaseous pollutants, which measures ozone, carbon monoxide, nitrogen dioxide and sulfur dioxide. Air quality in Ukiah meets all Federal and State air quality standards with the exception of the State 24-hour PM-10 standard. This standard was exceeded on 3 days in 1990, 2 days in 1991, 0 days in 1992, 2 days in 1993, and 1 day in 1994. No exceedances have 10 occurred since 1994. Sources of PM-10 include field-burning, dust from unpaved roads and grading operations, combustion, and automobiles. 54 of the 58 counties in California are designated non-attainment for PM-10, which means that most of the California air basins exceed the permitted 24-hour concentration. The ARB does not require an Attainment Plan for jurisdictions that violate the PM-10 standard. Ozone is one of the most serious pollutants affecting the State, and 30 of the 58 counties are designated non-attainment. While Mendocino County is attainment for ozone, the Ukiah (East Gobbi Street) sampling station has shown a steady increase in the annual hours of ozone levels exceeding the 40, 50, and 60 parts per billion thresholds since 1993 (see Table 2). Additionally, the 80 ppb (State standard = 90 ppb) threshold has been exceeded twice over the past 4 years. However, based upon 1993-1995 data, the ARB has assigned Ukiah an "Expected Peak Day Concentration" (EPDC) level of 74 ppb, which means that any values above 70 ppb would be excluded from the designation process as extreme concentrations (Marcella Nystrom, ARB, personal communication, 4~24~97). Regardless of the attainment designation and the EPDC status, ozone remains as the pollutant of primary concern to the Mendocino County Air Quality Management District. The major sources of ozone precursors are combustion sources such as, factories, automobiles, and evaporation of solvents and fuels. Other State cdteria pollutants measured in Mendocino County have routinely had maximum concentrations well below the applicable Federal or State standards. The only other pollutant of significant concern is Carbon Monoxide (CO). The local threshold for point source production of CO is 550 pounds per day. Carbon Monoxide (CO) is an odorless, colorless gas whose primary source is automobiles. Concentrations of CO measured in Mendocino County have never exceeded State or Federal standards, and current maximum concentrations measured in Ukiah are well below the applicable standards. Table 2:1994-97 Monthly Ozone Maximums Number of Hours 1994 1995 1996 1997 Number of hours exceeding 348 325 390 200 40 PPB Number of hours exceeding 121 119 142 60 5O PPB Number of hours exceeding 41 34 44 17 60 PPB 11 Number of hours exceeding 6 7 7 1 70 PPB Number of hours exceeding 2 2 0 0 80 PPB Number of hours exceeding 90 PPB (State 0 0 0 0 Standard) NOTE: 1) PPB = Parts Per Billion; 2) State Standard = 90 PPB; 3) Federal Standard = 120 PPB SOURCE: A Source of Air Quality Conditions Includinq Emissions Inventory, Ozone Formation, PM10 Generation, and Mitiqation Measures for Mendocino County, CA; Sonoma Technologies, Inc., 1998. E. Project Characteristics in Relation to Air Quality The proposed Zoning Code amendment would potentially permit a homeless facility to be established in the City with the securing of a Use Permit. This in and of itself would not cause a degradation of air quality. However, if such a facility were established under the proposed code amendment language, it could be open during the entire year, rather than the more common temporary winter facility. While an occasional client may arrive by car or truck, It is anticipated that clients would ordinarily arrive and depart by foot or bicycle. Discussions with the representatives of local organizations dedicated to finding shelter for the homeless (Ford Street Project) confirm this assumption. Based on past experience with operating homeless facilities, the Ford Street Project staff have stated that the vast majority of clients walk to and from these facilities. F. Criteria for Determining Impacts and their Significance The following criteria were used to determine whether or not the project would cause significant adverse air quality impacts: . Would the project cause or contribute substantially to existing or projected air quality violations? 1 Would the project result in exposure of sensitive receptors (i.e. individuals with raspatory diseases, the young, and the elderly) to substantial pollutant concentrations? 12 1 Would the project cause the exceedance of a Federal or State air quality standard? G. Short-term Construction Related Air Quality Impacts Construction activities create a wide range of emissions,~ ranging from exhaust from heavy equipment to the air bound organic gases from solvents, insulating materials, caulking materials, and "wet" pavement. However, while these emissions may contribute to the accumulation of substances that undergo the photochemical reaction that creates urban ozone, they are not regarded as significant short-term impacts. The major short-term construction related air quality impacts would be due to dust generated by equipment and vehicles. Fugitive dust is emitted both during construction activity and as a result of wind erosion over exposed earth surfaces. Construction dust impacts are extremely variable, being dependent upon wind speed, soil type, soil moisture, the type of construction activity and acreage affected by the construction activity. The highest potential for construction dust impacts would occur during the late spring and summer, and early fall months when soils are dry. In all probability, any future proposal for a homeless facility would involve the reuse of an existing structure. However, it is potentially possible that a future proposal could involve site preparation, grading, and actual construction of a new building. It should be noted that a future project that is permitted by the proposed code amendment language is still subject to a Use Permit, which will require further CEQA review. For the purposes of this Initial Study, the following mitigation measures are suggested to offset potentially adverse impacts related to the production of PM-10, and should be considered in the environmental documents for future homeless facility development proposals. H. Mitigation Measures . Future homeless facility projects involving site preparation, grading, and actual construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. . All inactive soil piles on future homeless facility project sites shall be completely covered at all times to control fugitive dust. . Future temporary homeless facility projects involving site preparation, grading, and actual construction shall institute a program of cleaning all trucks leaving the construction site to control the transport of mud and dust onto public streets. H. Air Quality Impacts Related to Auto Emissions Based upon the nature of a given proposed project, there could industrial type emissions or auto related emissions that could degrade the regional air quality. However, it is staff's conclusion that auto related emissions, such as Reactive Organic Gases (ROG) and Oxides of Nitrogen (NOX), which are two precursors of ozone, Carbon Monoxide, and, as indicated above, PM-10, would not result from the potential construction and operation of a homeless facility, because these facilities typically serve persons without vehicles. 13 = I. Cumulative Air Quality Impacts Cumulative impacts refers to two or more individual effects which, when considered together, are considerable. An examination of cumulative impacts to air quality must take into account the accumulative of past, present, and probable future projects, and their associated emissions. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. It is concluded that because the potential construction and operation of a homeless facility would produce no appreciable emissions or pollutants, there would be no significant contribution of these substances to the local quality of air. Miti_~ation Measures Addressinq Auto Emissions and Cumulative Air Quality Impacts No mitigation measures are recommended or required. K. Impact Significance After Mitigation The recommended mitigation measures designed to control fugitive dust will assure that the production of PM-10 from future development sites is kept at a level that is less than significant. However, the effectiveness of these mitigation measures must be confirmed by the additional environmental review required for future projects. L. Additional Conclusions Regarding Air Quality Based on staff's research and analysis, it is concluded that the majodty of clients using any future homeless facility would not be arriving or departing from the facility by vehicles. Moreover, in all likelihood, future homeless facilities would be reusing existing buildings, and no site preparation, grading or actual construction would occur. However, a number of mitigation measures are recommended that guide the future environmental review process for any proposal involving site preparation, grading, and the actual construction of a new structure. WATER: Three major creeks flow through the City on their way to the Russian River. The areas adjacent to the creeks have been identified by the Federal Emergency Management Agency (FEMA) as being potential subject to flooding events. Additionally, there are numerous areas within the City that are Iow-lying and subject to short-term flooding during the winter months. A. Impacts It is not anticipated that a proposal for a homeless facility within an existing building would cause changes in absorption rates, drainage patterns, or the rate and amount of surface runoff, unless the proposal included major exterior work such as the construction or renovation of a parking lot. Additionally, it is concluded that a facility within an existing building would not adversely impact, or be impacted by any streams, creeks, or other waterways, unless a new parking facility or other significant exterior changes are made to 14 a a given site. In this case, a grading and drainage plan would be required to ensure that the work does not impact creeks, streams, or adjoining properties. Similarly, the construction of a new homeless facility could impact or be impacted by streams and creeks if the building site were adjacent to one of the creeks flowing through the City. This scenario could also result in adverse impacts to drainage patterns, absorption rates, and the rate and amount of surface runoff. It is impossible to quantify impacts to water resources, or the potential impacts caused by water resources without knowing the details of a future project or its precise location. However, pursuant to the proposed revisions to the Ukiah Municipal Code, any proposal for a homeless facility is subject to discretionary review and the CEQA process. In this way, any future homeless facility proposal will undergo environmental review to determine, based on the details of the proposal and its location, whether or not it would have an adverse impact on water resources. B. Mitigation Measures . Future homeless facility projects involving new construction in areas subject to flooding according to the Federal Insurance Rate Maps maintained by the Planning Department shall comply with the Ukiah Municipal Code requirements for construction within the flood plain. . Future homeless facility projects involving the creation of impervious surfaces such as parking lots and roofs, shall be required to submit grading and drainage plans to assure that storm water run-off is properly routed and does not adversely impact creeks, streams, and adjoining properties. C. Impact Significance After Mitigation Assuring compliance with Ukiah Municipal Code requirements regarding development within areas subject to flooding will reduce potential impacts related to flooding to a level that is less than significant. Similarly, by requiring grading and drainage plans for projects involving new construction and the creation of impervious surfaces will keep potential impacts on water resources at a level that is less than significant. However, this must be confirmed by the additional environmental review required for future projects. PLANT AND ANIMAL LIFE: It is unknown if there are rare and endangered plant or animal species within the City limits. The majority of plant and animal life within the City is generally limited to the dpadan corridors along the creeks that flow to the Russian River and the western hillside area. Any disruption to these sensitive natural habitats could result in adverse impacts to plants and animals, including potential rare and endangered species. A. Impacts Similar to the conclusions made regarding potential impacts to water resources, it is impossible to determine if a future homeless facility project will adversely impact plant or animal species without knowing the details of the proposal and its precise location. 15 As indicated in Item 3 above, pursuant to the provisions of the Ukiah Municipal Code, any proposal for a homeless facility is subject to discretionary review and the CEQA process. In this way, any future homeless facility proposal will undergo environmental review to determine, based on the details of the proposal and its location, whether or not it would have an adverse impact on plant and animal resources. B. Mitigation Measure . No development of a homeless facility should be allowed to encroach on the naturally occurring riparian corridor along any creek or stream unless the project design includes reasonable and feasible mitigation measures. C. Im~3act Siqnificance After Mitigation Assudng the preservation of the City's creek and stream riparian corridors will substantially reduce potential impacts on plants and animals and their habitats to a level that is less than significant. However, this must be confirmed by the additional environmental review required for future projects. NOISE: Aside from the various single family residential neighborhoods, the City is generally noisy due to its dense urban environment and the presence of major streets. The General Plan suggests that homeless facilities should be located in areas near public services. Much of the area throughout the City near services such as transportation facilities, medical care, and food and clothing stores, are generally noisy due to their close proximity to primary streets. However, it should be noted that many commercially zoned parcels fronting major streets also back-up to residential areas. A. Impacts It is possible that a future proposed homeless facility could be impacted by typical urban noises. It is also possible that a future facility could cause adverse noise impacts to the owners and/or inhabitants of adjoining parcels. It is impossible to determine the level of impact without knowing the size and capacity of a future proposed facility, its precise location, and whether or not it would be situated within an existing or newly proposed building. As indicated in the text above, any proposal for a homeless facility is subject to discretionary review and the CEQA process. In this way, any future homeless facility proposal will undergo environmental review to determine, based on the details of the proposal and its location, whether or not it would create or be impacted by significant amounts of noise. However, based upon information provided by the Ford Street Project, who are involved in programs serving the homeless, noise can be a problem with homeless facilities if they are located adjacent to sensitive noise receptors such as residential land uses. Accordingly, staff is able to conclude that noise impacts resulting from the operation of homeless facilities are potentially significant and warrant mitigation. = 1 B. Miti_(lation Measure . The outdoor activities of clients using homeless facilities shall be strictly regulated and supervised to ensure that noise levels are reduced to a level that is less than significant. C. Impact Significance After Mitiqation Assuring regulated and supervised outdoor activities provides a means to substantially reduce potential noise impacts from the users of the facility on adjoining properties to a level that is less than significant. However, this must be confirmed by the additional environmental review required for future projects. LIGHT AND GLARE: Light and glare impacts usually result from development projects involving glare producing materials such as large windows and metal roofing, or that use broad-casting exterior lighting. A. Impacts Once again, it is impossible to determine if a future homeless facility would produce an adverse amount of light and glare without knowing the design details and exact location of the facility. However, land uses that are open dudng the evening hours, particularly during the dark winter months, have extedor lighting systems for general illumination and security. It is potentially possible that a future homeless facility could install an exterior lighting system that casts an excessive amount of light onto adjacent properties, which could be regarded as a significant adverse impact. As indicated in the text above, any proposal for a homeless facility is subject to discretionary review and the CEQA process. In this way, any future homeless facility proposal will undergo environmental review to determine, based on the details of the proposal and its location, whether or not it would create significant amounts of light and glare. This Initial Study concludes that mitigation is warranted, and the following mitigation measure is intended to guide future environmental review. B. Mitigation Measure . The exterior lighting for future homeless facilities shall be kept to a minimum, and shall not illuminate adjoining properties or the night sky. C. Impact Significance After Mitigation Assudng limited exterior lighting, and requiring it to only illuminate the project site, provides a means to substantially reduce potential light and glare impacts of future projects to a level that is less than significant. However, this must be confirmed by the additional environmental review required for future projects. LAND USE/GENERAL PLAN CONSISTENCY: The Housing Element of the Ukiah General Plan contains a section devoted to homeless persons. It distinguishes between transitional and emergency homeless facilities, and suggests that the latter be situated near services. Accordingly, it is concluded that the proposed updated code language concerning homeless facilities achieves consistency with the General Plan. ag The Ukiah Municipal Code allows or permits large and small homeless facilities in various locations throughout the City. As a result of the proposed code amendment project, a homeless facility could be permitted in most areas of the City with the securing of a Use Permit. The Ukiah Airport Master Plan establishes airport "compatibility zones" throughout the City. Generally, the closer a given property is to the airport, particularly the runway protection area and approach/departure zones, the more development restrictions there are to ensure safety and limit noise impacts. A. Impacts No matter the location, any homeless facility has the potential to conflict with neighboring land uses. This is due to the assemblage of people, potential loitering, potential noise, and other nuisance level impacts. However, according to the proposed amendment to the Ukiah Municipal Code, all proposals for homeless facilities will require the securing of a Use Permit. Use Permits are not issued unless findings are made that the proposal will not adversely impact the health, safety, and welfare of the public, and that the project is consistent with the Ukiah General Plan. According to the density limitations associated with the vadous airport "compatibility zones," a future homeless facility may be limited in terms of finding a location. For example, the "A", compatibility zone limits the number of persons to 10 per acre, and the "BI" and "B2" zones limit the number of persons on a site to 60 per acre. Depending upon the size of the property, and the proposed capacity of the shelter, this may be a limiting factor in locating a homeless facility. However, because the Ukiah Airport Master Plan is an adopted policy document, all future development must conform to its provisions, and therefore no mitigation measures are necessary. B. Miff_clarion Measure None required. C. Impact Significance After Mitigation The public process and public hearing before the City Planning Commission for future homeless facilities ensures that any land use conflict will be kept to a level that is less than significant. This will be confirmed not only by the review of the Use Permit, but also by the additional environmental review that is required for future projects. NATURAL RESOURCES: For the purpose of this Initial Study, potential impacts to natural resources are evaluated in two ways. First, the project is evaluated to determine if it will have an impact on any naturally occurring resources present on a given site; and second, if a future proposal will demand a significant amount of natural resources for construction and overall development of the project. 18 1 10. A. Impacts It is not anticipated that a future homeless facility will result in any significant adverse impacts to naturally occurring resources in the City, because the City is a densely urban environment essentially devoid of renewable or non-renewable natural resources (exception: water resources - see Section 3). Additionally, it is not anticipated that a proposal for a new homeless facility will demand unusual amounts of natural resources for construction purposes, because these types of facilities do not typically make such demands. Typical construction materials are readily available in the immediate Ukiah area. B. Miti_~ation Measures None required. C. Impact Significance After Miti.qation Because no mitigation measures are necessary or required, no impacts to natural resources would result from the project. This conclusion must be confirmed by the additional environmental review required for future projects. HUMAN HEALTH, TOXIC MATERIALS, AND OTHER HAZARDS: The proposed new code language would not, in and of itself, produce toxic or hazardous materials that would threaten human health. Based on discussions with local organizations that have provided homeless facilities in the past, it is not anticipated that the future establishment of homeless facilities pursuant to the proposed code language would involve the use, collection, or storage of any toxic or hazardous materials. A. Impacts Local organizations dedicated to housing the homeless have indicated that homeless facilities do not involve the use or storage of hazardous substances. Accordingly, it is concluded that the project would not result in the creation of human health hazards associated with toxic materials. B. Mitigation Measures None required. C. Impact Si_qnificance After Mitigation Because no impacts from hazardous or toxic materials would result from the project, no mitigation measures are required. This conclusion must be confirmed by the additional environmental review required for future projects. POPULATION: The current population for the City of Ukiah is approximately 15,000 persons, with an annual projected growth rate that is less than two percent (2.0%) per year. 19 A. Impacts The opening of a homeless facility to provide shelter will assist a portion of the local population that is homeless. A 1994 study entitled, "Study of Homelessness in the Ukiah Area" found that up to approximately 2000 persons were homeless in the Ukiah area for all or a portion of 1993. Local organizations addressing this problem have indicated that the number of persons without shelter has increased substantially since that time (discussion with Mr. Mark Rohloff of the Ford Street Project). B. Mitigation Measures None required. C. Impact Significance After Mitigation Because no impacts to the local population would result from the project, no mitigation measures are required. This conclusion must be confirmed by the additional environmental review required for future projects. 11. HOUSING: According to the General Plan Housing Element, the number of housing units in the City of Ukiah has increased approximately 20% over the last 10 years, and at the present time, there is an approximate even split of renters and owners. The City is in need of very-low and above moderate income housing to satisfy the demands of the existing and projected population. Additionally, the Housing Element indicates that the City has a rising homeless persons population that constitutes a significant local housing issue. A. Impacts It is not anticipated that the proposed code language project would have an adverse impact on housing resources, because it would provide a mechanism for the establishment of homeless facilities. Moreover, if a homeless facility is proposed and approved by the City through the discretionary permit process, it would fulfill a goal of the General Plan Housing Element of providing shelter for homeless persons. B. Mitigation Measures None required. C. Impact Significance After Mitigation Because no adverse impacts to the local housing stock would result from the project, no mitigation measures are required. In fact, the proposed project would provide a regulatory tool for potentially increasing the housing "stock" of the City. This conclusion must be confirmed by the additional environmental review required for future projects. 12. TRANSPORTATION/TRAFFIC/CIRCULATION: As the City grows, the need for a more efficient circulation systems increases. Over the past several years, the City has experienced significant infill type development, as well as commercial development in the southwest portion of the community. This type of development has caused the levels of 2O 13. service at key intersections to drop, yet the duration of "heavy" traffic is limited to short peak times. The City has kept pace with the increase in traffic by upgrading signals and making improvements to heavily traveled streets. A. Impacts It is not anticipated that the proposed enabling language and possible subsequent establishment of homeless facilities would cause traffic impacts, because while an occasional client may arrive by car or truck, it is anticipated that clients would ordinarily arrive and depart by foot. Discussions with the organizations that establish homeless facilities confirm this assumption. Based on last years experience with operating a winter homeless facility, Mr. Rohloff and Mr. Lovell of the Ford Street Project has stated that the vast majority of clients walk to and from the facility. B. Mitigation Measures None recommended or required. C. Impact Significance After Mitigation There is no potential for significant impact, and therefore no mitigation is required. Potential impacts remain insignificant. This conclusion must be confirmed by the additional environmental review required for future projects. PUBLIC SERVICES: Public services are generally available to all parcels within the City limits. These include police, fire protection, emergency services, schools, parks and recreation, solid waste, and public transportation. A. Impacts Discussions with the City Police and Fire Departments, and local emergency service providers reveal that the proposed code amendment project, and possible subsequent homeless shelter facilities will not adversely impact their ability to serve the City. In terms of schools, parks and recreation, and solid waste service, discussions with appropriate representatives reveal that the proposed project would not have an adverse impact on their operations or service capabilities. B. Mitigation Measures None required. C. Impact Significance After Mitiqation There is no potential for significant impact, and therefore no mitigation is required. Potential impacts remain insignificant. This conclusion must be confirmed by the additional environmental review required for future projects. 21 14. ENERGY: The City General Plan contains an Energy Element with local public policy focusing on correcting environmental degradation caused by burning fossil fuels and shod- sighted urban planning and design. Burning fossil fuels creates air pollution and increases atmospheric concentrations of infrared-absorbing gases. These increases have been associated with global warming. Past urban design features such as expansive shade-less parking lots also contribute to the production of heat, both at ground level and in the lower troposphere. To address excessive energy consumption and the resulting environmental degradation, the General Plan includes policies aimed at reducing the dependence on fossil fuels by promoting the use of alternative transportation; promoting the use of renewable energy resources; increasing the efficiency of energy used within structures; and promoting urban planning and design techniques, such as requiring heavy tree planting in parking lots. A. Impacts It is not anticipated that the proposed project or subsequent establishment of homeless shelter facilities would have a significant adverse impact on energy resources, because these facilities do not typically use substantial amounts of energy. Construction of a new homeless facility would be required to meet all building code requirements for energy conservation, as well as the zoning code requirements for tree planting in parking lots. Accordingly, it is concluded that the potential future construction of a new building for a homeless facility does not have the potential to use significant amounts of energy or result in a significant adverse impact on energy resources. B. Mitigation Measures None required. C. Impact Significance After Mitiqation There is no potential for significant impact, and therefore no mitigation is required. Potential impacts remain insignificant. This conclusion must be confirmed by the additional environmental review required for future projects. 15. UTILITIES: Establishment of code language facilitating the development of homeless shelter facilities, and the potential subsequent development of a facility would require connections to City utilities. A. Impacts Discussions with the City Public Utility Department reveal that if a homeless shelter facility is proposed within the City, they will have the capability to serve it with water, sewer, and electrical service. They have indicated further that such a proposal would not in and of itself, result in a need for new systems or suppliers. B. Mitiqation Measures None required. 22 16. 17. C. Impact Significance After Mitiqation There is no potential for significant impact, and therefore no mitigation is required. Potential impacts remain insignificant. This conclusion must be confirmed by the additional environmental review required for future projects AESTHETICS: While visual quality is subjective in nature, development projects situated in close proximity to scenic vista areas or scenic highways must be evaluated to determine if they adversely impact the visual resource. In addition, the Ukiah General Plan places a strong emphasis on community design and visual quality, and contains goals and policies intended to ensure that development is aesthetically pleasing. A. Impacts The proposed code language establishing a process for the development of homeless shelter facilities, and the possible subsequent development of such a facility could cause adverse aesthetic impacts if it involved the construction of a new building. However, any proposal is subject to the discretionary Use Permit process, which pursuant to the Ukiah Municipal Code, requires an examination of the aesthetic quality of projects, and subsequent CEQA review. B. Mitiqation Measures None required. C. Impact Significance After Mitiqation There is no potential for significant impact, and therefore no mitigation is required. Potential impacts remain insignificant. This conclusion must be confirmed by the additional environmental review required for future projects. RECREATION: Recreation is an important component to the City's quality of life. Including the golf course, the City currently has approximately 10.4 acres of developed parkland per 1000 people, which exceeds the park acreage goals for the City contained in the General Plan. A. Impacts It is not anticipated that the proposed code amendment language and the potential subsequent establishment of homeless shelter facilities would adversely impact local park and recreation facilities, because according to City Parks staff, the park facilities are generally underutilized, and there is an ample amount of parkland to serve the local population. B. Miff_clarion Measures None required. 23 18. 19. C. !ml~act Siqnificance After Mitiqation There is no potential for significant impact, and therefore no mitigation is required. Potential impacts remain insignificant. This conclusion must be confirmed by the additional environmental review required for future projects. HISTORIC AND CULTURAL RESOURCES: The City General Plan illustrates areas of identified archaeological sensitivity within the General Plan Planning Area. Most of the known sites are situated along or in close proximity to creeks and streams, and very few are located within the City limits. A. Impacts The proposed code amendment language will not in and of itself have a significant adverse impact on historic or cultural resources. However, the language enables a homeless shelter facility to be established with the securing of a Use Permit, and therefore, the project indirectly has the potential to impact these resources. Without an actual detailed proposal, it is impossible to determine if future homeless shelter facilities would have a significant impact on historic and cultural resources. The final determination on this matter will be made during the CEQA review of any future project. However, for the purpose of this Initial Study, it is presumed that any future proposal for a homeless shelter facility will not have a significant adverse impact on historic and cultural resources because there are very few areas of archaeological sensitivity within the City limits, and in all likelihood, such a facility would be located within an existing structure. Moreover, the requirement for discretionary review and a detailed CEQA compliance analysis will assure that no significant adverse impacts would result. B. Mitiqation Measures None required. C. Impact Significance After Mitiqation There is no potential for significant impact, and therefore no mitigation is required. Potential impacts remain insignificant. This conclusion must be confirmed by the additional environmental review required for future projects. CONCLUSIONS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS: After the conduct of this Initial Study, staff is able to conclude that there are a number of potential impacts that could result from the proposed Municipal Code amendment project. However, these same impacts could result under the current Municipal Code regulations for the development of homeless shelter facilities. The future development of homeless facilities will require the securing of a Use Permit from the City Planning Commission, which automatically triggers individual CEQA review. This Initial Study provides possible mitigation measures that could be used in the future environmental review processes for the Use Permit proposal seeking approval to develop homeless shelter facilities. 24 20. 21. MITIGATION MONITORING: AB 3180 requires "all public agencies" to adopt a monitoring program whenever they adopt an EIR or "mitigated" Negative Declaration. The City of Ukiah fulfills the requirements of AB 3180 for this project in the following manner. All imposed mitigation measures are tied to routine field inspections and/or the development/code permitting process. For example, fulfillment of mitigation measures is required prior to recordation of a final map, prior to the issuance of grading permits, prior to the issuance of building permits, or prior to final inspection and the grant of occupancy. In the case of the subject project, an additional stage of the project will be the development of a precise Development Plan. Additionally, routine grading operation field inspections by City Engineering staff will ensure compliance with the mitigation measures related to short-term construction impacts. The Community Services Department, Public Works Department, and Planning Department will be responsible for the review of grading and building plans, and will confirm that required mitigation measures are satisfied at the vadous required stages of the project. In this way, City staff can effectively monitor the implementation of mitigation measures. A copy of the draft Mitigation Monitoring checklist is included as an attachment to this Initial Study. MANDATORY FINDINGS OF SIGNIFICANCE: Am aa Cg Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? Short Term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long- term impacts will endure well into the future). Cumulative: Does the project have impacts, which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant). 25 D= Substantially Adverse: Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 22. DETERMINATION: On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described within the initial study have will be incorporated into the design of the project or required by the City of Ukiah. A MITIGATED NEGATIVE DECLARATION will be prepared. p, Interim Planmn.q Director Title Charles Stump Print Name Date 26 RESOURCES USED TO PREPARE THIS INITIAL STUDY . . o City of Ukiah General Plan, 1995 The Linkaqe Between Land Use, Transportation and Air Quality, State Air Resources Board, 1993. The Land Use - Air Quality Linkage: How Land Use and Transportation Affect Air Quality, State Air Resources Board, 1997. Transportation-Related Land Use Strateqies to Minimize Mobile Source Emissions: An Indirect o . . . 10. 11. 12. 13. 14. 15. Source Research Project, State Air Resources Board, 1995. A Source of Air Quality Conditions Includinq Emissions Inventory, Ozone Formation, PM10 Generation, and Mitigation Measures for Mendocino County, CA, Sonoma Technologies, Inc., November, 1998. Natural Diversity Data Base, Department of Fish and Game, 1995 Soil Survey of Mendocino County, Eastern Part, and Trinity County, Southwestern Part, California, U.S. Department of Agriculture -Soil Conservation Service, January, 1991. FIRM Flood Insurance Rate Map, Mendocino County, California - Community Panel Number 060183- 0811 B, June 1, 1983, Federal Emergency Management Agency. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996. City Air Photographs: 1952, 1968, 1978, 1995. Study of Homelessness in the Ukiah Area, Kiichli & Associates, August 3, 1994. Discussions with Mr. Mark Rohloff, Ford Street Project Discussion with Mr. Richard Lovell, Ford Street Project Discussions with Ms. Romona Ansolabehere, Mendocino County Department of Social Services 27 UKIAH MUNICIPAL CODE AMENDMENT CHAPTER 2, ARTICLE 15.5 Homeless Shelter Facilities Mitigation Monitoring Checklist Mitigation Measure 1. The City Engineer shall permit no grading, excavation, or other development on the project site without the review and approval of a Grading and Drainage Plan. This Plan shall include, but not be limited to, the following: a. the extent of modifications to existing drainage patterns on the site; b. the extent of storm drainage improvements and erosion control measures for building driveways, parking lot areas and other movements of soils; c. other development that the City Engineer determines could adversely affect existing drainage patterns on the site or abutting properties or cause wind or water erosion; Monitoring Responsibility city Department of Public Works Monitoring Schedule and Timing Prior to site preparation and grading activities Implementation Verification Signature and Date 28 2. Future temporary homeless facilities involving site preparation, grading, and actual construction activities shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 3. Future temporary homeless facility projects involving site preparation, grading, and actual construction shall institute a program of washing off trucks leaving the constru( site to control the transport of mud and dust onto public streets. 4. All inactive soil piles on future homeless facility project sites shall be completely covered at all times to control fugitive dust. 5. Future temporary homeless facility projects involving new construction in areas subject to flooding according to the Federal Insurance Rate Maps maintained by the Planning Department shall comply with the Ukiah Municipal Code requirements for construction within the flood plain. Planning and Public Works Departments During routine field inspections Planning and Public Works Departments During routine field inspections Planning and Public Works Departments During routine field inspections Planning and Public Works Departments During routine plans examination and review 29 6. Future temporary homeless facility projects involving the creation of impervious surfaces such as parking lots and roofs, shall be required to submit grading drainage plans to assure that storm water run-off is properly routed and does not adversely impact creeks, streams, and adjoining properties. 7. No development of a temporary homeless facility shall be allowed to encroach on the naturally occurring riparian corridor along any creek or stream. 8. The outdoor activities of clients using temporary homeless facilities shall be strictly regulated and supervise to ensure that noise levels are reduced to a level that is less than significant. 9. The exterior lighting for future emergency homeless facilities shall be kept to a minimum, and shall not illuminate adjoining properties or the night sky. Planning and Public Works Departments Planning Department Planning Department During routine plans examination and review Ongoing Ongoing 3O '10. All proposals for temporary homeless facilities shall be subject to the Use Permit process, as required by the Ukiah Municipal Code. Planning Department During routine examination and review of submitted plans 31 ITEM NO. 8a DATE: August 2, 2000 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE REVISING UKIAH MUNICIPAL CODE DIVISION 9, CHAPTER 2, ARTICLE 15.5 (HOMELESS FACILITIES); ADOPTION OF RESOLUTION ESTABLISHING USE AND DEVELOPMENT GUIDELINES FOR HOMELESS SHELTERS; AND APPROVAL OF A MITIGATED NEGATIVE DECLARATION SUMMARY: Staff has initiated the amendment to the Ukiah Municipal Code to update the current provisions for homeless facilities. Approval of the proposed new language would establish a Use Permit process to review and approve homeless shelters of all types in most locations throughout the City, although they are discouraged in the residential zoning districts. The draft Ordinance is included as Attachment No. 1. In addition, the new Code language refers to "Homeless Shelter Use and Development Guidelines" that would be adopted in Resolution form by the City Council. The Guidelines include a Purpose and Intent Statement; Permit and Planning Requirements; and Operational requirements. The purpose of having these Guidelines in Resolution form rather than within the body of the Municipal Code, is because they can, if necessary, be more readily modified in the future as a result of operational experiences and changing needs. A draft Resolution containing these Guidelines is included as Attachment No. 2. (Continued on page 2) RECOMMENDED ACTION: 1) Conduct a public hearing; 2) Approve the Mitigated Negative Declaration; 3) Introduce the Ordinance revising the Ukiah Municipal Code; and 4) Adopt the Resolution establishing Use and Development Guidelines for Homeless Facilities. ALTERNATIVE COUNCIL POLICY OPTION' 1. Do not approve the Mitigated Negative Declaration, introduce the Ordinance, or adopt the Resolution, and provide direction to staff. Citizen Advised: Mendocino County Department of Social Service, The Ford Street Project, and other interested organizations and individuals Requested by: Planning Department Prepared by: Charley Stump, Planning Director Coordinated with: Candace Horsley, City Manager, and David Rapport, City Attorney Attachments: . 5. 6. 7. Draft Ordinance Draft Resolution Existing Regulations Mitigated Negative Declaration Planning Commission Staff Report, dated July 12, 2000 Planning Commission Minutes, dated July 12, 2000 Correspondence received from Mr. Doug Strong, dated July 5, 2000 APPROVED: Candace H0rsley,' ager AUG 2, 2000 Agenda Summary Report PROJECT DESCRIPTION: The project involves a complete revision to the existing Municipal Code Section addressing homeless facilities. The new Code language requires a Use Permit to establish a homeless facility, and that any proposal be consistent with a set of Guidelines adopted by the City Council. The Guidelines accompany the proposed Ordinance revision, and are proposed for adoption in Resolution form. As indicated earlier, the purpose of establishing the Guidelines in Resolution form is because they can be more readily modified if necessary, as a result of operational experiences and changing needs in the future. BACKGROUND/DISCUSSION: The current zoning regulations for homeless facilities were adopted in 1988. At that time, it was envisioned that a permanent large homeless shelter, or a number of small shelter facilities would likely be constructed to serve the local homeless population. The regulations define certain areas for both large and small facilities, and require a "homeless Facility Permit" issued by the Director of Community Development. The "Homeless Facility Permit" can only be issued after surrounding property owners are notified and provided an opportunity to submit written comments. No public hearing is required under the current regulations. In addition, a number of rigid standards have to be satisfied, in order for the permit to be issued. These standards include a certain amount of outdoor open space, parking, bathroom facilities, compliance with building and fire codes, and no drop-in clients. The proposed regulations provide broader opportunities for siting a homeless facility, as well as permitting various types of facilities (permanent, temporary, etc.). All proposals would be subject to the Use Permit process, which involves a public hearing before the Planning Commission. The standards are flexible, acknowledging the scarcity of existing suitable buildings, the difference in operational and physical needs of the different types of facilities, and the lack of vacant land in the City. COMMUNITY REVIEW: On April 10, 2000, the proposed homeless facilities regulations and guidelines were distributed to a wide range of interested organizations, groups and individuals for review and comment. Written comments were received from Mr. Doug Strong (Attachment No. 7). PLANNING COMMISSION REVIEW: On July 12, 2000, the Planning Commission conducted a public hearing and discussed the proposed new regulations. A number of individuals addressed the Commission and commented on both the homeless issues facing the community, as well as the proposed Ordinance and Resolution. All speakers were supportive of the new regulations, and urged the Commission to recommend City Council approval. The Planning Commission accepted staffs recommendations, which included incorporating Mr. Strong's suggestions into the language of the proposed regulations, and recommending City Council approval of the new regulations. CONCLUSIONS: The existing zoning regulations for homeless facilities are generally outdated and inflexible in terms of siting, designing, and operating shelters. Insurmountable problems were encountered by homeless shelter providers in the past due to the inflexible and mandatory nature of the existing regulations. The proposed regulations would provide opportunity for a variety of types of shelters in a broader area of the City. They also add much needed flexibility in Iocational and operational requirements. The Use Permit requirement called for in the new regulations provides a formal public hearing process, while the existing regulations require an administrative decision-making process. The Planning Commission Use Permit procedure provides important due process for the general public 2 and can be used as an educational forum for understanding the complexities of the homeless situation in our community. The proposed regulations are easier to understand and use, and would provide the public, interested organizations, staff, and decision-makers with an important tool for designing, regulating, and understanding proposals for homeless shelter facilities. {}9171 EXISTING REGULATIONS {}9171 CHAPTER 2 ZONING ARTICLE 15.5. HOMELESS FACILITIES SECTION: §9171' {}9172: Location of Homeless Facilities Homeless Facility Permits {}9171' LOCATION OF HOMELESS FACILITIES: Ae a. Small Homeless Facilities: Subject to first securing a Homeless Facility Permit as provided in {}9172, small homeless facilities may be established in any district or portion of a district defined in this Chapter, with the following exceptions: 1. Small homeless facilities may not be established in an R-1, Single-Family Residential district. Large Homeless Facilities: Large homeless facilities may be established in any city zoning district subject to first securing a use permit pursuant to Article 18 (commencing with {}9225) of this Chapter. A condition of granting a use permit shall be that the facility meets the requirements specified for a Homeless Facility Permit. Excluded Area: No homeless facilities, whether large or small, may be established within the area bounded by the following City streets: Mason, Perkins, Railroad Tracks, Clay, Oak, Henry, State and Norton, Including properties fronting on said streets. (Ord. 871, §1, adopted 1988) §9172 §9172 §9172: HOMELESS FACILITY PERMITS: No more than two (2) small homeless facilities shall operate at the same time within a homeless facilities zone. Homeless Facility Permits shall be issued by the Director of Community Development for each homeless facilities zone pursuant to the following procedures. Ao Application: Application for a Homeless Facility Permit ("HFP") shall be on a form provided by the Department of Community Development ("Department") The application form shall require information on the following items: 1, Physical description or plans for buildings and site. 2. Maximum number of persons to occupy a facility. 3. Outdoor open space for occupants. 4. Hours of operation. 5. Length of stay for occupants. 6. A description of toilet/bath facilities. 7. Description and qualifications of agency operating facility. 8. Evidence that facility complies with applicable building and fire codes. 9. Operational Plan detailing: - Management system - Meal program - Lodging accommodations - Police assistance plan - Agency referral system - Facilities/amenities lists - Intake and screening process The application shall contain a certification, signed by the applicant or its authorized agent, that the applicant Will operate the facility strictly in accordance with the information provided in the application. B. Standards: The application shall demonstrate compliance with the following standards: 9120 §9172 B),~ Ce DJ '§9172 1. A minimum of fifty (50) square feet of occupiable outdoor open space shall be provided, exclusive of parking space and driveways, per occupant. 2. Facilities shall contain a minimum of one bath/shower fixture and one toilet fixture per six (6) occupants. 3. Facilities shall only accept occupants referred by another agency such as the Ministerial Association, law enforcement, Social Services, etc. or a source in accordance with the approved management plan (no occupants allowed on a drop-in basis) 4. Buildings must meet all building and fire 'code requirements. 5. One on-site parking space per bedroom and one on-site parking space for each employee per eight (8) hour shift must be provided. Procedures: Applications shall be received in the Department and approved in accordance with the following procedures: 1. Within thirty (30) days after receiving the application the Department will determine whether the application is complete. If the application is not complete, the Department will notify the applicant of what additional information is necessary to complete the application. 2. Upon determining that the application is complete, the Department shall give notice to property owners within three hundred feet (300') of the parcel boundaries on which the facility is proposed that the application is on file. Said notices shall also Indicate that the application is available for public review, and that written public comments on the application will be accepted and considered, If received in the Department within twenty (20) days from the date of the notice. 3. At the expiration of twenty (20) days from the date of the notice to property owners, the Director of Community Development shall determine whether any conditions should be added to the permit based on any public comments timely submitted and shall issue the permit, if the application demonstrates compliance with the standards Imposed by this Section and the applicant agrees to any additional conditions imposed by' the Director. 4. The determination of the Director may be appealed pursuant to §1203 of the Ukiah Municipal Code. Subsequent Review and Revocation: The permit may be revoked by the Planning Commission pursuant to {}9238, if, at any time, it determines that the §9172 §9172 D) Ee permitted facility does not comply with the application as approved. Any change to the operational plan shall be submitted in writing to the Department thirty (30) days prior to the proposed effective date of such change. Application to Existing Facilities: Homeless facilities operating prior to the effective date of this Section under existing use permits may continue to operate upon the expiration of their use permit, provided they submit an application for an HFP at least thirty (30) days prior to the expiration of the use permit. Upon Issuance of the HFP the use permit shall be considered null and void. Such facility need not meet the physical/structural requirements of an HFP, if currently legally 'operating and meeting ex~sting applicable codes provided there are no operational or structural changes to the facility. All other homeless facilities must obtain an HFP within one year of the effective date of this Section. The "Ford Street Guest House" with sixteen (16) clients, is considered a large homeless facility and shall continue as such. (Ord. 871, §1, adopted 1988) 9122 CITY OF UKIAH PLANNING REPORT DATE: July 12, 2000 TO: FROM: SUBJECT: City of Ukiah Planning Commission City of Ukiah Planning Department Ukiah Municipal Code Amendment (Homeless Facilities) PROJECT SUMMARY: Staff is initiating an amendment to the Ukiah Municipal Code to update the current provisions for homeless facilities. Approval of the proposed new language would establish a Use Permit process to review and approve homeless shelters of all types in most locations throughout the City, although they are discouraged in the residential zoning districts. The draft Ordinance is included as Attachment No. 1. In addition, the new Code language refers to "Homeless Shelter Guidelines" that would be adopted in Resolution form by the City Council. The Guidelines include a Purpose and Intent Statement; Permit and Planning Requirements; and Operational requirements. The purpose of having these Guidelines in Resolution form rather than within the body of the Municipal Code, is because they can be more easily modified in the future as a result of operational experiences and changing needs. A draft Resolution containing these Guidelines is included as Attachment No. 2. This project is quasi-legislative in nature and does not require City Planning Commissioners to visit any property prior to formulating a recommendation to the City Council. PROJECT LOCATION: N/A DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission 1) recommend City Council ADOPTION of the Mitigated Negative Declaration; 2) recommend City Council APPROVAL of the proposed amendments to Chapter 2, Article 15.5 of the Ukiah Municipal Code; and 3) recommend City Council APPROVAL of the Resolution containing the Homeless Shelter Guidelines. ENVIRONMENTAL DOCUMENTATION: Pursuant to the requirements of the California Environmental Quality Act, staff has prepared an Initial Study, and has concluded that as mitigated, the project will not have a significant adverse impact on the environment. Accordingly, we are recommending the adoption of a Mitigated Negative Declaration for the project. GENERAL PLAN AND ZONING DESIGNATIONS: N/A PROJECT DESCRIPTION: The project involves a complete revision to the existing Municipal Code Section addressing homeless facilities. The new Code language requires a Use Permit to establish a homeless facility, and that any proposal be consistent with a set of Guidelines adopted by the City Council. The Guidelines accompany the proposed Ordinance revision, and are proposed for adoption in Resolution form. As indicated above, the purpose of establishing the Guidelines in Resolution form is because they can be more easily modified as a result of operational experiences and changing needs in the future. BACKGROUND/DISCUSSION: The current zoning regulations for homeless facilities were adopted in 1988. At that time, it was envisioned that a permanent large homeless shelter, or a number of small shelter facilities would likely be constructed to serve the local homeless population. The regulations define certain areas for both large and small facilities, and require a "homeless Facility Permit" issued by the Director of Community Development. The "Homeless Facility Permit" can only be issued after surrounding property owners are notified and provided an opportunity to submit written comments. No public hearing is required under the current regulations. In addition, a number of rigid standards have to be satisfied in order for the permit to be issued. These standards include a certain amount of outdoor open space, parking, bathroom facilities, compliance with building and fire codes, and no drop-in clients. The proposed regulations-provide broader opportunities for siting a homeless facility, as well as permitting various types of facilities (permanent, temporary, etc.). All proposals would be subject to the Use Permit process, which involves a public hearing before the Planning Commission. The standards are flexible, acknowledging the scarcity of existing suitable buildings, the difference in operational and physical needs of the different types of facilities, and the lack of vacant land in the City. COMMUNITY REVIEW: On April 10, 2000, the proposed homeless facilities regulations and guidelines were distributed to a wide range of interested organizations, groups and individuals for review and comment. No written comments were received, but a number of reviewing parties phoned to express full support for the new regulations. All reviewing organizations, groups and individuals were mailed a notice of the July 12, 2000 Planning Commission public hearing. CONCLUSIONS: The existing zoning regulations for homeless facilities are generally outdated and inflexible in terms of siting, designing, and operating shelters. The proposed regulations would provide opportunity for a variety of types of shelters in a broader area of the City. They also establish a Use Permit process, and add flexibility in Iocational and operational standards. The proposed regulations are easier to understand and use, and would provide the public, interested organizations, staff, and decision-makers with an important tool for designing, regulating, and reviewing proposals for homeless shelter facilities. ATTACHMENTS: . . Draft ordinance amending Chapter 2, Article 15.5 (Homeless facilities) of the Ukiah Municipal Code. Draft Resolution containing the Homeless Shelter Guidelines. Existing Code: Chapter 2, Article 15.5 (Homeless Facilities). Initial Study/Mitigated Negative Declaration outer perimeters of the site. He inquired whether there was the may change as the buildings mature wherein more emphasis woul additional landscaping efforts? this aspect placed on Mr. Akerstrom replied affirmatively. He indicated landscaping ml volunteer effort. However, additional landscaping would be impi~ site perimeters. enance is strictly a ;nted on those outer PUBLIC HEARING CLOSED: 8:35 p.m. Planning Commission Discussion: A brief discussion followed regarding the number of suitable location. It was noted the southern site is he; further noted the project is not large enough to trigg{ es to be planted and the most ly dominated by conifers. It was lot trees. It was the consensus of the Commission to "Three medium-canopy deciduous trees shall setback areas to the east and west of the class~ :ondition of Approval No. 11 to read, planted in each of the side yard ~m complex." It was the consensus of the Commission to pprove staff's recommendation regarding Condition of Approval No. 10. Commissioner Puser did not favor the ~anufactured building concept. A brief discussion followed regardin.~ he premanufactured and/or modular building concept. ON A MOTION by Commissioner ruden, seconded by Commissioner Chiles, it was carried by an the following roll cai to approve Major Site Development Permit No. 00-24 as submitted by Ukiah E' ngelical Free Church, based on Findings Nos. 1-6 and Conditions of Approva!.Nos -13, as outlined in the Staff Report and as discussed and modified above. AYES: NOES: Commissione ABSTAIN: None ABSENT: None Correll, Pruden, and Chairman Larson 8C. Ukiah Municipal Code Amendment- Chapter 2, Article 15.5 (Homeless Facilities) Ordinance amendment initiated by City staff to update the current provisions for homeless facilities, by establishinq a Use Permit process to review and approve homeless shelters and to provide flexibility in Iocationai and operational standards. The pro|ect also includes a set of "Homeless Shelter Guidelines" prepared in Resolution form that would be adopted by the City Council. Planning Director Stump reported the City has been working with a variety of agencies in order to revise the City's Homeless Shelter Ordinance. Staff proposes to amend and/or repeal the existing Ordinance, which is now outdated, in order to provide for a more flexible and more realistic document for addressing the homeless situation. The MINUTES OF THE PLANNING COMMISSION Page ! 3 July 12, 2000 proposed Ordinance amendment does allow provisions for a public scrutiny process as well to provide additional homeless opportunities. The revised Ordinance incorporates Homeless Shelter Guidelines providing sections relative to Purpose and Intent, Permit and Planning Requirements to include a Use Permit and a Shelter Management Plan, Operational and Contextual Standards relative to Generally Acceptable and Unacceptable Districts to Operate a Shelter, Minimum Distance to Nearest Residential Development, School and Public Park, Hours of Operation, Shelter Separation from other Shelters, Locale, Size, On-Site Issues, Lighting, and Access. The Shelter Management Plan must reflect the Shelter Guidelines. The above-referenced Gui<Jelit~es would be adopted by Resolution. The purpose for separating the Guidelines from the Ordinance and/or Municipal Code is to allow for an easier amendment process in the future. The Ordinance of the City Council of the City of Ukiah Amending Article 15.5 (Homeless Facilities), Chapter 2 (zoning) of Division 9 of the Ukiah Municipal Code and Homeless Shelter Guidelines are specifically provided for and incorporated herein by reference as Agenda item 8C. The proposed Ordinance as well as the Resolution would be reviewed and adopted by City Council on the same evening. Mr. Stump drew attention to a staff Memorandum, dated July 12, 2000, directed to the Planning Commission regarding comments submitted by Doug Strong relative to the Homeless Shelter Ordinance. He welcomed the comments and noted they were primarily editing comments, which provide additional language clarification and interpretation. He stated staff agrees with Mr. Strong's comments and recommends these comments be incorporated into the Homeless Shelter Ordinance and Guidelines as they advance to City Council for approval. He noted an Initial Study was required to be prepared on behalf of the Zoning Code amendments and Legislative Acts. The Study clearly outlines any proposal for a homeless shelter would require discretionary review therefore, triggering the California Environment Quality Act (CEQA) process. The purpose of this Initial Study was to identify possible impacts that might occur from the construction of a new building or the occupation of an existing building. The Study would also provide guidance to environmental review of any homeless shelter that is proposed. It was noted that in some cases the site selection would require CEQA review. Commissioner Correll inquired whether the proposed Negative Declaration would be the standard for all future environmental studies? Mr. Stump replied the proposed Negative Declaration would act as a guide for use if and when a future proposal comes forward and would be referenced in any CEQA review. It was noted a potential applicant must submit a Shelter Management Plan to be completed with the proposal and would be considered as part of the Use Permit proceedings. This would enable the Planning Commission to understand how the shelter would be managed wherein all good neighbor issues would be addressed. It was also noted that changes could be made to the Plan by the applicant, staff, and/or Planning Commission until the Use Permit is approved. Common procedure would be for the MINUTES OF THE PLANNING COMMISSION Page 14 July 12, 2000 applicant to complete a Use Permit along with a Shelter Management Plan to be presented before the Planning Commissions as a public hearing. Commissioner Pruden inquired regarding Chapter 2 of the 1988 Zoning text, referenced as section 9171, Item C, Excluded Area, and whether this particular section would be incorporated into the amended Ordinance? Mr. Stump replied negatively. He stated Chapter 2, Zoning, Article 15.5 Homeless Shelter, marked as Exhibit "A" is the proposed document replacing the 1988 Zoning text. The revised text states that no specific area would be excluded as reflected in the former Zoning document. Commissioner Puser questioned with regard to on-site issues if outdoor areas associated with the shelter should be enclosed and appropriately screened and whether staff could further elaborate on this matter? Mr. Stump replied the language was meant to be vague and flexible. The. intent referencing outdoor areas is to provide privacy to both, homeless clients as well as adjacent neighbors. Chairman Larson inquired in terms of flexibility, the language contained in the Operational and Contextual Standards section, "generally acceptable" and "generally unacceptable Zoning districts," and whether a shelter could conceivable be located in an R-3 Zoning District? Mr. Stump replied affirmatively. The aforementioned Guidelines are designed not to exclude an area in the R-3 Zoning District. An appropriate use would be difficult to establish in the R-1 Zoning District. The Homeless Shelter Guideline essentially directs those seeking a shelter location. Mr. Larson inquired regarding the section relevant to the minimum distance nearest schools and parks and whether the 500 foot separation would be an arbitrary measure which may be greater or lesser depending on other mitigating factors? Mr. Stump replied affirmatively whereas the mitigating factors could be based on design, location, and/or other physical features. Mr. Larson inquired if the homeless shelter were to be located on a specific site, would this preclude the development of public park and/or school facility space within 500 feet of the shelter? Mr. Stump replied this question was difficult to answer. Since the homeless shelter existed first, then the school would have to incorporate some criteria and/or standard in order to justify it being located near a homeless shelter, which would essentially be the school's choice. Mr. Larson further inquired whether the notion of a "school" would also include vocational training facilities that may be mutually beneficial in relation to a homeless shelter? A general discussion followed regarding the above-referenced concern. MINUTES OF THE PLANNING COMMISSION Page | 5 July 12, 2000 It was noted that perhaps the term school and park space should be more appropriately defined. It was also noted the homelessness concern in relation to school and park facilities would be further discussed by staff and the community. Mr. Larson drew attention to the Negative Declaration, page 7, On-Site Issues, and whether pets should be included in this section? Mr. Stump replied perhaps this issue could be added to the Homeless Management Plan, since some of the homeless do own pets. It was noted the Guidelines should indicate that if pets are to be accommodated, then the Shelter Management Plan must address the issue of pet management and potential impacts associated with this factor, it was further noted it would depend upon the type of facility whether or not pets could be accommodated. There exists the possibility the pets could be housed off-site. PUBLIC HEARING OPENED: 9:16 a.m. Mark Rohloff, Redwood Valley, commended staff for recognizing the scope of the homeless shelter problem. He questioned the definition of the term "buffer?" Mr. Stump replied the term "buffer" was meant to be vague. The Planning Commission would ultimately decide whether the buffer would be natural or otherwise. Mr. Roholoff supported the concept wherein the terms "permanent" and "temporary" homeless shelters were distinguished. Mr. Stump stated establishing a temporary homeless shelter is crucial and must be expedited in a timely manner. It was noted the proposed Guidelines are structured to be flexible in order to accommodate the immediate need for the establishment of a temporary homeless shelter. It was further noted the Management Shelter Plan must be reflective of the community concerns with regard to neighborhoods, schools, parks, and other facilities which would be ultimately affected. In terms of a temporary shelter, a special Planning Commission can be scheduled at any time provided the meeting is properly noticed. Gisella Minahan, Capella, commented on the temporary St. Mary's Homeless Shelter and noted the hours of operation for temporary facilities are from 6:00 p.m. to 8:00 a.m. She inquired whether the 500-foot minimum distance requirement could be reduced, since park and temporary homeless shelter hours of operation do not necessarily coincide. Mr. Larson replied the Guideline section relative to the minimum distance to schools and parks should be clarified relative to hours of operation. He favored staff finding a way to effectively address what the potential problem and/or impact might be if a park or school existed in close proximity to a homeless shelter. The 500 feet is considered an arbitrary area since a particular buffer must determine the appropriate distance. The Planning Commission would be required to provide an appropriate Finding in order to determine a buffer's appropriate distance. The Guidelines must provide the appropriate MINUTES OF THE PLANNING COMMISSION Page ! (~ July 12, 2000 information and/or requirements to address the buffer minimum distance issue whereupon a Finding can be formulated as to whether the minimum distance for parks and schools should be less than 500 feet. Ramona Ansolabehere, 740 N. Pine Street, Ukiah, commended City staff for their outstanding efforts in formulating the subsequent Homeless Shelter Guidelines and Ordinance. Commissioner Chiles inquired regarding the Shelter Management Plan and accompanying Use Permit and whether the term "client service" is related to job services? He further inquired whether recognition regarding the reasons for the growing number of homeless persons could be addressed in the homeless docu~:-, ~- affordable housing addressed under the client services section? Mr. Stump replied the homeless situation is a very complex issue. It was noted the concept of a permanent homeless shelter does not advocate homeless longevity, since there are various reasons why people are homeless. People do no desire to leave a stable home to live in a shelter unless personal circumstances make it mandatory. A permanent shelter should offer services in order to assist those who are homeless. Mr. Stump stated language cannot appropriately be provided for in the Ordinance which solves the homeless issues even though the documents contend with a combination of both planning and social components and/or elements. It was noted the homeless issue is the responsibility of the state, local city and county governments as well as the community. Mr. Rohloff reported about 98 percent of last year's temporary winter shelter participants were from the County area and approximately 92 percent were from Ukiah, which indicates that people do not want to come from other communities for congregational sleeping and eating. He stated in the past, homeless people mainly consisted of drug dependent and/or persons incorporating mental and/or physical problems, but current homelessness encompass entire families for a variety of other reasons to include the affordable housing crisis. Ms. Ansolabehere stated the County Board of Supervisors passed a policy on Homelessness last July indicating the County desires to develop a working partnership with the community, cities within the County, and the state in order to address the increasing homelessness problem. The Homeless Planning Group is an existing organization dedicated to assisting with the homeless problem in this community. She stated the working poor and AFDC families are struggling financially. The Ukiah Community Center accommodated approximately 750 families for services last year who do not have alternative support systems except possibly government assistance. It was noted this community does incorporate housing assistance agencies and/or programs. Norma Lowe, Ukiah, stated she works professionally with homeless people. She supports the concept of providing a cohesive continuum of services to become a MINUTES OF THE PLANNING COMMISSION Page ! 7 July 12, 2000 necessary part of the permanent homeless shelter program. She further stated the potential opportunity exists by incorporating assistance programs in homeless shelters to assist the homeless towards improving their quality of life. Laura Golino De Lavato. Executive Director of the Ukiah Community Center, Ukiah, commended City staff in formulating the Homeless Shelter Guidelines and Ordinance, which are meant to be flexible documents to assist in achieving the goal of adding a temporary and/or a permanent homeless shelter in the community. Chairman Larson questioned whether the County had plans to formulate and formally adopt a similar Homeless Shelter Guideline and Ordinance so that the community would possess a highly compatible and/applicable document. Ms. Ansolabehere replied, as a County employee, the County would be amenable to formulating a Homeless Shelter Ordinance. She stated the County Board of Supervisors would review this proposal. Mr. Stump reiterated staff suggested that should the Planning Commission recommend approval of the proposed Ordinance to the City Council, and perhaps as a result, the City Council could direct staff to advance the document to the County for review. Ms. Ansolabehere supported this recommendation. it was noted the community has a negative connotation with regard to the establishment of a permanent homeless shelter. Mr. Larson inquired whether the possibility exists relative to changing the term "permanent" to another term, which does not encompass the same associated negative connotation? Ms. Pruden recommended the possibility of qualifying certain technical language contained in the documents, wherein the Planning Commission is accustomed to using applicable Use Permit terminology interchangeably. The terms "temporary" and "permanent" are words used commonly by staff as well as the Planning Commission in different context with relation to homeless shelters. Mr. Stump stated the word, "temporary" as defined in this case, represents the period of time it takes for people attempting to secure a winter shelter need in order to satisfy this necessity. There is no correlation between the term "Temporary" Use Permit and its usage with reference to homeless shelters. Ms. Pruden inquired whether the Use Permit when issued relative to a temporary facility would refer to "each season?" Mr. Stump replied this concept is not necessarily true. He noted if such a temporary facility was secured, it could be a Use Permit for a temporary shelter that may be valid for an undisclosed period of time. This particular Use Permit may not have to be reviewed by the Planning Commission, but automatically continues each winter season. Ms. Pruden recommended defining the term, "temporary" as a seasonal shelter. MINUTES OF THE PLANNING COMMISSION Page ! :~ July 12, 2000 It was noted currently there is no temporary homeless shelter in place, which requires a new Use Permit each time the shelter location changes. It was recommended that a temporary Use Permit relative to a homeless shelter be renewable every five years or on a case-by-case basis. It was noted the connotation of the term "permanent" with reference to homeless shelters is one of community semantics wherein the public should be appropriately educated relative to the complexity of homelessness. Mr. Stump presented a brief summary relative to the Commission's recommendations to include reevaluation of the terms, temporary and permanent, addressing the pet issue, defining the intent of "buffer" in terms of homeless shelter distance requirements, providing clarity to the school and public park issue with regard to the homeless shelter hours of operation as well as the implication that shelters and school/parks are incompatible. A brief discussion followed regarding Mr. Strong's Ordinance recommendations and which aspects would be incorporated into the final document to include the "good neighbor" reference. It was noted an effective Shelter Management Plan shall address good land use planning issues and the reference to "good neighbor" shall be applied to the Purpose and Intent section of the Homeless Shelter Guidelines and/or in the context of the Shelter Management Plan reflective of the client's desires or shelter behaviors. The Good neighbor concept is also subject to an implied code of conduct to include a well-defined set of rules. Staff suggested with regard to Mr. Strong's recommendations to delete the term "good neighbor" and either to add a new sentence relative to this concept or apply it to an appropriate area of the Guidelines. PUBLIC HEARING CLOSED: 10:26 p.m. ON A MOTION by Commissioner Puser, seconded by Commissioner Pruden, it was carried by an all AYE voice vote to recommend approval to the City Council the mitigated Negative Declaration associated with the Ukiah Municipal Code Amendment for the Homeless Shelter Facilities, as outlined in the Staff Report, and the numerous recommendations to staff as discussed above. ON A MOTION by Commissioner Puser, seconded by Commissioner Pruden, it was carried by an all AYE voice vote to recommend approval to the City Council the proposed amendments to Chapter 2, Article 15.5 of the Ukiah Municipal Codes to reflect the changes as discussed above. ON A MOTION by Commissioner Puser, seconded by Commissioner Pruden, it was carried by an all AYE voice vote to recommend approval to the City Council of the Resolution containing the Homeless Shelter Guideline to include the changes as discussed above. 9. PLANNING DIRECTOR REPORTS Am City Council and Redevelopment agency Actions Future Planning Commission Status Report MINUTES OF THE PLANNING COMMISSION Page | 9 July 12, 2000 3 ITEM NO. 1 la. DATE: AUGUST 16, 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF CITY OF UKIAH LIVING WAGE ORDINANCE Councilmember Baldwin has requested a discussion of Living Wage be placed on the agenda for Council consideration. He has developed several drafts of ordinances attached for the Council's review. A year ago staff had collected copies of Living Wage ordinances from several other cities, which were reviewed by Councilmember Baldwin at that time. The documents already collected, as well as, any additional information requested will be provided for further consideration if desired by the Council. RECOMMENDED ACTION: Discuss proposed City of Ukiah Living Wage Ordinance as presented by Councilmember Baldwin. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Councilmember Baldwin Candace Horsley, City Manager Candace Horsley, City Manager 1. Draft ordinances for discussion. APPROVED:~ ~'".~ l-[orsiey, City'~anager C~d~ce \~~-~~ R:I\CM:kk MBALDWIN Draft City of Ukiah Living Wage Ordinance Whereas, the City of Ukiah awards contracts to private firms to provide services to the public and to City ernment: and Whereas. the City of Ukiah provides financial assistance to others for the purpose of economic development and job growth: and Whereas. the City of Ukiah has extremely limited resources to improve living standards because so much tax revenue leaves Ukiah destined for Washington and Sacramento as well as because State law denies the citizens of this CiD' the right to establish a just and efficient local tax system by democratic vote: and Whereas, even in relatively prosperous economic periods, far too many working Ukiah citizens and their families live below or near the poverty line: and Whereas, the City of Ukiah dedication to payment of prevailing wage rates for public works projects has been beneficial for working people in this community, for their families, for our communities and for the local economy; and Whereas, the City of Uklah benefits from the dedication of citizens who are paid well enough to establish roots in this community; and Whereas, the City of Ukiah commitment to an adequate wage scale for contracted providers will enhance the quantity and quality of services rendered by such employees to our community. Conversely, underpaying employees fosters high turnover, absenteeism and lackluster performance. Adequate compensation mitigates these undesirable conditions and promotes increased productivity, efficiency, workplace stability, and good citizenship; and Whereas, inadequate compensation often fails to provide employees with resources sufficient to afford a decent life in our community. It is unacceptable that City contracting decisions involving expenditure of City funds should serve to promote conditions placing a burden on limited County and non-profit social services. The City, has an interest in promoting an employment environment that protects such limited resources; and Whereas, financial assistance and tax expenditure recipients of the City are engaged in business that is an integral part of the City of Ukiah economy. The City, as a provider of tax subsidies to these business entities, has the same interest in requiring of them the same minimum level of compensation to employees expected of service contractors; and Whereas, when the City of Ukiah uses contractors or subsidizes businesses which do not provide health insurance to ir employees, this imposes the costs of their medical care on the County, State and Federal governments. The City an interest in avoiding such impacts, which the City finds can only be done if the employer provides health insurance in a ~onable form. The City finds that anemployer contribution for health benefits of at least $1.25 per hour on average is necessary to provide employee health care sufficient to avoid imposing the public costs noted above. The City also has an interest in ensuring that persons delivering City services are healthy, as lack of health care can affect performance and absenteeism. The City finds that employees are far more likely to remain healthy if their employer provides reasonable health insurance to them and their dependents. Moreover, one rationale for City financial assistance, tax expenditure or rebate to business is to promote public health, an interest served by having employers receiving such assistance spend a reasonable portion of this money for health purposes. Whereas, in requiring the payment of a higher minimum level of compensation, this chapter benefits these interests: BE IT THEREFORE RESOLVED BY THE CITY COUNCIL FOR THE CITY OF UKIAH The Municipal Code of Ukiah is hereby amended by inserting a new Chapter , as follows: Section 1. Title and Purpose (a)' Ukiah Living Wage Ordinance This ordinance shall be known as the "Ukiah Living Wage Ordinance." The purpose of this ordinance is to require that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of service contractors of the City and employees of beneficiaries of City financial assistance, tax expenditure or rebate. Section 2. Definitions The following definitions shall apply throughout this ordinance: (a) "Agency" means that subordinate or component entity or person of the City (such as a department or office) responsible for solicitation of proposals or bids and responsible for the administration of service contracts or financial istance agreements. (b) "City" means the City of Ukiah and all City departments and offices. (c) "City financial assistance recipient" (CFAR) means any person or entity receiving a financial benefit of $10,000 or more from the City of Uldah in a twelve month period. Categories of such assistance include, but are not limited to, grants, rent subsidies, bond financing, financial planning, tax increment financing, land write downs, tax credits and rebates. City staff assistance shall not be regarded as assistance for purposes of this article. The forgiveness of a loan shall be regarded as financial assistance, and a loan provided at below market interest rate shall be regarded as financial assistance. (d) "Contractor" means any person who enters into a service contract with the City in an amount equal to or ~eater than $10,000. (e) "Employee" means any person who is employed (1) as a service employee of a contractor or subcontractor under the authority of a contractor or subcontractor who expends any of his or her time thereon, including but not limited to services for landscaping, tree trimming, roofing, painting, janitorial, security guards, air conditioning, heating, waste management, food service, parking attendants, temporary clerical; or (2) by a CFAR and who expends at least half of his or time on the funded project/program or property which is the subject of city financial assistance, or (3) by a service contractor of a CFAR and who expends at least half of his or her time on the premises of the CFAR and is directly involved with the funded project/program or property which is the subject of city financial assistance. Any person who is a managerial, supervisory, or confidential employee is not an employee for purposes of this definition. (f) "Employer" means any person who is a City CFAR recipient, contractor, or subcontractor. (g) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. (h) "Service contract" means (1) a contract let to a contractor by the City for the furnishing of services, to or for the City, except contracts where services are incidental to the delivery of products, equipment or commodities, and that involves an expenditure equal to or greater than ten thousand dollars ($10,000), or (2) a lease or license under which service contracts are let by the lessee or licensee. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a "service contract" for the purposes of this definition. (i) "Subcontractor" means any person who enters into a contract with (1) a contractor to assist the contractor in performing a service contract or (2) a CFAR to assist the recipient in performing the work for which the assistance is being given or to perform services on the property which is the subject of city financial assistance. (j) '~Frainee" means a person enrolled in a job training program which meets the City of Ukiah job training standards. Section 3. Payment of Minimum Compensation to Employees (a) Wages Employers shall pay employees a wage to each employee of no less than the hour rates set under the authority of this Ordinance. The initial rate shall be ($8.75) per hour worked with health benefits, as described in this Ordinance, or otherwise nine dollars and twenty five cents ($10.00) per hour. Such rate shall be upwardly adjusted annually, no later than April 1 in proportion to the increase immediately preceding December 31, over the year earlier level of the Northern California Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. The City shall publish a bulletin by April 1 of each year announcing the adjusted rates, which shall take effect upon such publication. Said bulletin will be distributed to all City agencies, departments and offices, City contractors and CFAR's upon publication. The contractor shall provide written notification of the rate adjustments to each of its employees and to its subcontractors, who shall provide written notices to each of their employees, if any, and make the necessary payroll adjustments by July 1. (b) Compensated Days, Off Employers shall provide at least twelve (12) days off per year for sick leave, vacation, or personal necessity at the employee's request. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in the increments proportional to that accrued by full-time employees. Employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Employers shall also permit employees to take at least an additional ten (10) days a year of uncompensated time to be for sick leave for the illness of the employee or a member of his or her immediate family where the employee has exhausted his or her compensated days off for that year. This Ordinance does not mandate the accrual from year to year of uncompensated days off. (c) Health Benefits Health benefits required by this Ordinance shall consist of the payment of at least one dollar and twenty five cents ($1.25) per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of such benefits must be submitted to the agency not later than 30 days after execution of the contract to qualify for the wage rate in Section 3 for employees with health benefits. Section 4. Duration of Requirements For CFAR's, assistance given in an mount equal to or greater than ten thousand dollars ($10,000) in any twelve- month period shall require compliance with this Ordinance for the life of the contract in the case of assistance given to fund a program or five years in the case of assistance given to purchase real property, tan~ble property or construct facilities, including but not limited to materials, equipment, fixtures, merchandise, machinery or the like. A Service Contractor and subcontractor shall be required to comply with this Ordinance for the term of the contract. Section 5. Notifying Employees of their Potential Right to the Federal Earned Income Credit Employers shall inform employees making less than twelve dollars ($12.00) per hour of their possible right to the federal Earned Income Credit ("EIC") under SS32 the Internal Revenue Code of 1954, 26 U.S.C. SS32, and shall make available to employees forms informing them about the EIC and forms required to secure advance EIC payments from the {l~dPloyer. These forms shall be provided to the eli~ble employees in English and Spanish within 30 days of employment er the terms of this Ordinance and as required by the Internal Revenue Code. Section 6. Contract Review Process, City Reporting and Record Keeping (a) The City Manager shall promulgate rules and regulations for the preparation of bid specifications, contracts and preparation for contract negotiations. (b) The City Manager shall submit periodic reports to the City Council which shall include the following information: (1) A listing and the status of all RFP's and RFQ's service contracts and lease agreements executed and financial assistance awarded, to which this Ordinance applies including the term, dollar amount and the service performed or assistance provided; (2) A description of every instance where an exemption or waiver was granted by action of the City Council (c) The City Manager shall develop an administrative procedure and appeal process for determining compliance with this Ordinance. (1) Regarding the appeal process, it shall be available to every bidder/proposer who has been deemed noncompliant with this Ordinance, or who disputes the determination of applicability of this Ordinance to its business operation which will be involved in the proposed contract. A contract shall not be executed until there is resolution of the relevant appeal. (2) Appeals shall be filed with the City Manager within seven calendar days of the date of the notice of the City's written determination of noncompliance and reasons therefor, or written determination of the applicability of the (3) The City Manager shall maintain records pertaining to ail complaints, hearings, determinations and findings, and shail submit a regular report on compliance with this Ordinance no less than annually to the City Council. Special reports and recommendations on significant issues of interest to the Council will be submitted as deemed appropriate. Section 7. Noncompliance Review and Appeal Contractors. subcontractors and CFAR's who fail to submit documents, declarations or information required to demonstrate compliance with this Ordinance shall be deemed nonresponsive and subject to disqualification. Section 8. Waivers (a) A CFAR or Contractor which contends it is unable to pay all or part of the Living Wage must provide a detailed explanation in writing to the City Manager who may recommend a waiver to the City Council. The explanation must set forth the reasons for its inability to comply with the provisions of this ordinance, including a complete cost accounting for the proposed work to be performed with the financiai assistance sought, including wages and benefits to be paid ail employees, as well as an intimation of the wage and benefits paid to the five highest paid individuals employed by the CFAR or Contractor The CFAR or Contractor must aiso demonstrate that the waiver will further the interests of the City in creating training positions which will enable employees to advance into permanent living wage jobs or better and will not be used to replace or displace existing positions or employees or to lower the wages of current employees. (b) The City Council will grant a waiver only upon a finding and determination that the CFAR or Contractor has demonstrated economic hardship and that waiver will further the interests of the City in providing training positions which will enable employees to advance into permanent living wage jobs or better. However. no waiver will be granted if the effect of the waiver is to replace or displace existing positions or employees or to lower the wages of current employees. (c) Waivers from the Ordinance are disfavored, and will be granted only where the baiance of competing interests weights clearly in favor of granting the waiver. If waivers are to be granted, partiai waivers are favored over blanket waivers. Moreover, any waiver shall be granted for no more than one year. At the end of the year, the CFAR or Contractor may reapply for a new waiver which may be granted subject to the same criteria for ,..granting the initial waiver. (d) The CiW Council reserves the right to waive the requirements of th.;s Or~nmnce upon a finding m,.d determination of the City Council that wa,'ver is in the best interests of the Cit~,. e.g. when the CiD, has declared an emergency due to natur~M di ~sasters and needs immediate seE:ices. Section 9. Exemptions fox a c'~A~, ,-,,. c',~,,trac*or sh~ be ,~,~,~.t,~a from application of this ~,-~o~,~ if (!) ;t employs fewer than five employees for each working da2,' in each of twenty or more calendar weeks in the cu.,-rent or preceding calendar year, or (2) it obtains a waiver as provided herein. (b) An employee who is a trainee in a job training program which meets the Cit3' of Ukiah job training standards shall be exempt for the period of training as specified under the City approved training standards; or, (c) An employee who is under 21 years of age. employed by a non-profit corporation for after school or summer employment or as a trainee for a period not longer than 90 days. shall be exempt. Section 10. RFP's, City Contracts, and Financial Assistance Agreement Language All RFP's, City contracts and financial assistance agreements subject to this Ordinance shall contain the following two paragraphs or substantiaily equivalent language: (a) This contract is subject to the Living Wage Ordinance, of the Ukiah Municipal Code. The Ordinance requires that, unless specific exemptions apply or a waiver is granted, all employers (as defined) under service contracts and recipients of City Financial assistance, (as defined) shall provide payment of a minimum wage to employees (as defined) of $8.75 per hour with health benefits of at least $1.25 per hour or otherwise $10.00 per hour. Such rate shall be adjusted annually pursuant to the terms of the Ukiah Living 'Wage Ordinance, of the Ukiah City Code. (b) Under the provisions of the Living Wage Ordinance, the City shall have the authority, under appropriate circumstances, to terminate this contract and to seek other remedies as set forth therein, for violations of the Ordinance. ction 11. Obligations of Contractors and Financial Assistance Recipients (a) All proposed contractors and CFAR's subject to the provisions of this Ordinance shall submit a completed Declaration of Compliance form, signed by an authorized representative, along with each proposal. The completed Declaration of Compliance form shall be made a part of the executed contract. (b) Contractors and CFAR's shall require their subcontractors and tenants/leasehoiders to comply with the provisions of this Ordinance. Language indicating the subcontractor's or tenants/leaseholders agreement to comply shall be included in the contract between the contractor and subcontractor or any a~eement between a CFAR and tenants/leaseholders. A copy of such subcontracts or other such agreements shall be submitted to the City. (c) Contractors, subcontractors and CFAR's shall maintain a listing of the name, address, date of hire, occupation classification, rate of pay and benefits paid for each of its employees, if any, and submit a copy of the list to the City by March 31. june 30, September 30, and December 31 of each year the contract is in effect. Failure to provide this list within five days of the due date will result in a penalty of $500 per day. Contractors, subcontractors and CFAR's shall maintain payrolls for all employees and basic records relating thereto and shall preserve them for a period of three years after termination of their contracts. (d) Contractors, subcontractors and CFAR's shall give written notification to each current and new employee, at time of hire. of his or her rights to receive the benefits under the provisions of this Ordinance. The notification shall be provided in English and Spanish and shall be posted prominently in communal areas at the work site/ A copy of said notification shall be forwarded to the City which must include the following: (1) Minimum compensation - The initial rates of $8.75 with health benefits or $10.00 without health benefits will be adjusted annually to correspond to adjustments, if any. The Living Wage shall be upwardly adjusted each immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by Bureau of labor Statistics, U.S. Department of Labor, applied to $9.50. (2) Health benefits - Proof of the provision of such benefits shall be submitted to the City not later than 30 days after execution of the contract to qualify for the wage rate in Section 3. Health benefits shall be provided to part-time employees as well as full-time employees. (3) Twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave shall be made available to all covered employees as provided in this Ordinance. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eli~ble to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. This Ordinance does not mandate the accrual from year to year of uncompensated days off. (4) Federal; Earned Income Credit (E.I.C.) - Forms to inform employees earning less than $12 per hour of their possible right to E.I.C. and forms to secure advance E.I.C. payments from the employer shall be provided to the eligible employees in English and Spanish within thirty (30) days of employment under the subject a~eement. (5) Notice that the employers are required to file a Declaration of Compliance form as part of the contract with the City and that the City will make said declarations available for public inspection and copying during its regular business hours. (e) Contractors, CFAR's and subcontractors shall permit access to work sites and relevant payroll records for thofized City representatives for the purpose of monitoring compliance with this Ordinance, investigating employee mplaints of non-compliance and evaluating the operation and effects of this Ordinance, including production for inspection d copying of its payroll records for any or all of its employees for the term of the contract or for five years whichever period of compliance is applicable. Section 12. Retaliation and Discrimination Barred Contractors, subcontractors and CFAR's shall not discharge, reduce the compensation of or otherwise discriminate against any employee for making a complaint to the City, participating in any of its proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this Ordinance. Contractors, subcontractors, and CFAR's shall also be in compliance with federal law proscribing retaliation for union organizing. Section 13. Monitoring, Investigation and Compliance The provisions of this Ordinance will augment the City's normal and customary procedure for administering contracts. The City shall administer the requirements of this Ordinance as follows" (a) The City Manager shall develop rules and regulations to review contract documents to insure that relevant language and information are included in City RFP's, agreements and other relevant documents. (b) The City Manager shall develop rules and regulations for the monitoring of the operations of the contractors, subcontractors and financial assistance recipients to insure compliance including the review, investigation and resolution of specific concerns or complaints about the employment practices of contractor, subcontractor or CFAR relative to this Ordinance. In such cases, the City will attempt to resolve the problem within 30 days. (c) Where a violation of any provision of this Ordinance has been determined, the contractor will be given a written notice by the City per the rules and regulations promulgating by the City Manager. Should the violation continue and/or no resolution is imminent, the City shall pursue all available legal remedies, including but not limited to any or all of the following penalties and relief: (1) Suspension and/or termination of the contract, subcontract or financial assistance agreement for cause; (2) Payback of any or all of the contract or financial assistance awarded by the City of Ukiah; (3) Deem the contractor or CFAR ineligible for future City contracts and/or financial assistance until all penalties and restitution have been paid in full: (4) A fine payable to the City of Ukiah in the sum of $500 for each week for each employee found not to have been paid in accordance with this Ordinance; (5) Wage restitution for each affected employee. (e) The City Attorney shall promulgate procedures for legal enforcement of the requirements of this Ordinance. Section 14. Employee Complaint Process An employee who alleges violation of any provision of this Ordinance may report such acts to the City and, at the employee's discretion, exhaust available employer internal remedies. The complaint to the City shall be handled as follows: (1) The employee shall submit to the City a completed complaint form and copies of all documents supporting the allegation. The City shall provide the complaint forms in English and Spanish. (2) The City shall notify the agency and the employer of the complaint and seek resolution within five days from receipt of the complaint form. If resolution is not accomplished, the City shall initiate an investigation and seek legal remedies, if appropriate. (3) An employee claiming retaliation (such as, termination, reduction in wages or benefits or adverse changes in working conditions) for alleging non-compliance with this Ordinance may report the alleged retaliation in the same manner as the initial complaint. (4) The complainant's or witness' identity will not be divulged to the employer without the individual employee's written consent. Section 15. Private Right to Action (a) An employee claiming violation of this article may bring an action in the Municipal Court or Superior Court of State of California, as appropriate, against an employer and be awarded: (1) For failure to pay the living wage, back pay for each day during which the violation continued. (2) For any violation of this Ordinance, including retaliation for exercising rights provided hereunder, the Court may award any appropriate remedy at law or equity, including but not limited to reinstatement, compensatory damages and punitive damages. (b) The Court shall award reasonable attorney's fees and costs to an employee who prevails in any such enforcement action. (c) Notwithstanding any provision of this Code or any other ordinance to the contrary, no criminal penalties shall attach for any violation of this article. (d) No remedy set forth in this Ordinance is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law This Ordinance shall not be construed to limit an employee;s right to bring a common law cause of action for wrongful termination. Section 16. Collective Bargaining Agreement Supersession All of the provisions of this Ordinance, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the wavier is explicitly set forth in such agreement in clear and unambiguous terms. Section 17. Expenditures Covered By This Article This Ordinance shall apply to the expenditure whether through aid to financial recipients, service contracts let by its financial assistance recipients of funds entirely within the City's control and to other funds, such as federal or state grant funds, where the application of this Ordinance is consonant with the laws authorizing the City to expend such other funds. Section 18. Ordinance Applicable to new Contracts and City Financial Assistance The provisions of this Ordinance shall apply to (a) a contract entered into and financial assistance provided after the effective date of this Ordinance; (b) a contract amendment consummated after the effective date of this Ordinance which itself meets the financial threshold requirement of this Ordinance and (c) supplemental financial assistance provided for after the effective date of this Ordinance which itself meets the requirements of this Ordinance. Section 19. Implementing Regulations All implementing rules, regulations, and procedures promulgated by the City Manager or his designee shall be presented to the City Council for approval within sixty (60) days of adoption of this Ordinance. Section 20. Severability In the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. Section 21. Effective Date The law shall be effective from the date of July 1, 2000 Cifv of ITkiah Declaration of Compliance Living Wage Ordinance The Ukiah Municipal Code Chapter provides that all employers (except where specifically exempted) under contracts for the furnishing of services to or for the City and that involve an expenditure equal to or greater than $10,000 and certain recipients of City financial assistance that involve receipt of financial assistance equal to or greater than $10,000 shall comply with all provisions of this Ordinance. The contractor or CFAR further agrees: (a) To pay employees a wage no less than the minimum initial compensation of $8.75 per hour with health benefits, as described, or other, vise $10.00 per hour, and to provide for the annual increase pursuant to Section 3; (b) To provide at least twelve compensated days off per year for sick leave, vacation or personal necessity at employee's request, and at least ten additional days per year of uncompensated time off pursuant to Section 3' (c) To inform employees making less than $12 per hour of their possible right to the federal Earned Income Credit (EIC) and make available the forms required to secure advance EIC payments from the employer pursuant to Section 5; (d) To permit access to work sites for authorized City representatives to review the operation, payroll and related documents, and to provide certified copies of the relevant records upon request by the City; and, (e) Not to retaliate against any employee claiming non-compliance with the provisions of this Ordinance and to comply with federal law prohibiting retaliation for union organizing. The undersigned authorized representative hereby obligates the proposer to the above stated conditions under penalty of perjury. Company Name Signature of Officer or Authorized Representative Company Address and Phone Number Type or Print Name and Title Date Bid Number Type of Service Dra£t City o£ Ukiah Ordinance Bidding Pre[erence £or Eligible City Council of the City of Ukiah hereby ordains as follows: Local Businesses SECTION ONE - FINDINGS 1. The City of Ukiah ("City) has an interest in encouraging businesses to locate within the City and within Mendocino County in order to promote economic development for the betterment of the community. Ten percent of the commercial space in the City's downtown business district is currently vacant or underutilized. This vacancy rate is excessive and detrimental to the economic and aesthetic well-being of the City and its residents. 2. The unemployment rate in Mendocino County is currently nearly double the Statewide average unemployment. Mendocino County unemployment rates have substantially exceeded the Statewide average rate in each of the last twenty years. 3. Businesses located in the City and throughout Mendocino operate at a competitive disadvantage as compared to businesses located in areas closer to major urban centers in that local businesses sell to a much smaller market making their costs of doing business higher relative to their volume of business. In addition, shipping costs for county businesses are generally higher than in larger markets to the south. Segments of Highway 101 north of Cloverdale are still only two lanes and shipments by mil to Ukiah and Willits are severely limited. 4. An analysis of City purchases of goods and services (other than public works contracts exceeding $25,000 and professional services contracts) in 1998 revealed that 24.6% of the purchases valued at $150,035 for which local businesses submitted bids went to businesses located outside Mendocino County. If a 5% bidding preference had been extended to Mendocino County businesses an additional $30,867 would have gone to those local businesses at a modest additional cost to the City of $1099. Significantly, no County businesses submitted a bid on $755,799 worth of City purchases all of which went to out-of county businesses. 5. A 5% preference to Mendocino County businesses will encourage some businesses to remain or locate within ity limits, thus mitigating or reducing the high vacancy and unemployment rate. It may encourage more County businesses to submit bids in response to the City's requests for bids or price quotes. It will encourage businesses to obtain City business licenses. Local businesses tend to hire local residents and the wage requirements for eligibility will encourage long term residency and good citizenship. Dollars spent at local businesses are more likely to be spent inside the City and the county thereby improving the local economy. 6. A 5% preference will assist local businesses overcome the competitive disadvantages of doing business in a relatively remote rural area,, such as Mendocino County. 7. This small preference for Mendocino County businesses which seek to contract with the City will not erect any significant commercial barriers around the City or the County as the City's analysis of its 1998 purchases demonstrates. Already, businesses in nearby areas, such as Lake and Napa counties, enjoy a local preference when responding to bids solicited by those jurisdictions. 8. The City of Ukiah benefits from the dedication of citizens who are paid well enough to establish roots in this community. City of Ukiah commitment to an adequate wage scale for local businesses seeking preference will enhance the quantity and quality of services rendered by such employees to our community. Conversely, underpaying employees fosters high turnover, absenteeism and lackluster performance. Adequate compensation mitigates these undesirable conditions and promotes increased productivity, efficiency, workplace stability, and good citizenship. Inadequate compensation often fails to provide employees with resources sufficient to afford a decent life in our community. It is unacceptable that City contracting decisions involving expenditure of City funds should serve to promote conditions placing a burden on limited County and non-profit social services. The City, has an interest in promoting an employment environment that protects such limited resource. 19. The City of Ukiah struggles to deal with commercial area architectural and sign blight as well as a deficiency in dscaping along major commercial thoroughfares. As quality of life is the most important factor in the decision of business ocate in a community and for employees to desire long term residency, the City of Ukiah economy and community life will benefit from the adherence to requirements of the zoning and sign ordinance as well as building and use permits among those who apply for this preference. SECTION TWO A new Section 1523 is hereby added to the Ukiah City Code as follows: 1523: FIVE PERCENT LOCAL BIDDING PREFERENCE A. DEFINITIONS. As used in this Section: 1. "Business" shall mean any person, partnership, corporation, limited liability company or other entity or group of any kind seeking or bidding on any City contract or seeking to sell goods or services to the City. 2. "Local Business" shall mean any business which has or maintains a bona fide operation in Mendocino County and appears on the records maintained by the City's Finance Department as having a current, valid and fully paid City of Ukiah business license, and which has registered as a local business with the City F'mance Department. This business must verify that the majority of its workforce, including subsidiaries, is employed in Mendocino County. 3. "Eligible Local Business" shall mean any Local Business which pays a minimum wage of $8.75 per hour with Health Benefits or $10.00 without such benefits as of July 1, 2000, to be adjusted upward according to yearly changes in the Consumer Price Index; this business shall verify that it meets all requirements of zoning and sign ordinances as well as building and use permits while utilizing maximum recycling capability of the local waste hauler. 4. "Preference" shall mean the evaluation of the lowest responsive bid or other price quote responding to a City solicitation for such bids or quotes as described in Subsection B. B. PREFERENCE FOR LOCAL BUSINESSES !. Notwithstanding the provisions of Section 1522.A. 1 and .2.d (requiring the purchasing officer to purchase from the least expensive source),and except for purchases of supplies and equipment costing less than $100, in selecting the lowest bid or quote for goods or services subject to Section 1522, subsections A and B (rental or purchases of supplies or equipment), the City shall provide a Local Eligible Business preference as follows. If the lowest responsive bid or quote is from a business is not a Local Eligible Business, five percent (5%) of the bid or quote, not to exceed $5,000, shall be added to that bid or quote for purposes of comparing it with bids or quotes by Lzx~ Eligible Businesses. If a bid or quote from one or more Eligible Local Businesses is less than the bid or quote adjusted as provided herein, the City shall accept the lowest responsive bid or quote from a Local Eligible Business. 2. Eligible ~ Businesses which additionally meet the City of Ukiah Public Utilities Department requirements for special business electrical rates shall receive such a rate reduction (wording to be created by City staff) ,, C. REGISTRATION The City Manager is hereby authorized and directed to establish administrative regulations, consistent with the provisions of this Section, providing a procedure for any business to register with City as a Local Eligible Business. D. ENFORCEMENT AND PENALTIES Where a violation of any provision of this Ordinance has been determined, the business ownership will be given a written notice by the City per the rules and regulations promulgated by the City Manager. Should the violation continue and/or no resolution be imminent, the City shall pursue all available legal remedies, including but not limited to any or all of the following penalties and reliefi (1) Suspension and/or termination of the contract (2) Payback of any or all of allowed financial preference or total rate reduction for time period allowed (3) Deem the business ineligible for future City contracts and/or rate reduction until all penalties and restitution have been paid in full: (4) A fine payable to the City of Ukiah in the sum of $250 for each week since inception of contract AGENDA SUMMARY ITEM NO. ],-tb ._ DATE: August 16, 2000 REPORT SUBJECT: PRESENTATION AND DISCUSSION OF LOCAL BUSINESS LIAISON PROGRAM The City of Ukiah and Redevelopment Agency have played major roles in attracting businesses to the Ukiah area that provide new jobs and shopping experiences for our residents. However, it is a priority of the City that we retain our many small "Mom and Pop" businesses that have been the strong foundation to our community for many years. These businesses provide a rich and diverse experience and create a unique environment that is essential to the fabric and preservation of our "small town" sense of community. In fact, preservation of the distinct character of our Business District can form the City's definition of itself and provide uniqueness and a sense of place for our families and tourists alike. The downtown area provides recreational shopping, a mixed use of businesses, is aesthetically pleasing, and enhances the environment for the shopper. This same sense of uniqueness can and should be extended beyond the borders of the immediate downtown area. The City has formed strong partnerships with both the Ukiah Main Street Program and the Greater Ukiah Chamber of Commerce to achieve the many projects and goals under our economic development umbrella. However, there is an even more direct part in which the City can participate to encourage business retention and expansion. Over the last five years, the City and Redevelopment Agency have had many challenges on multiple fronts to overcome. These challenges limited our ability to be a proactive participant with our business community. Many of these roadblocks have been resolved RECOMMENDED ACTION: Council discuss the Liaison Business Plan and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Continue discussion of Liaison Business Plan to a future date. Citizen Advised: N/A Requested by: City Council Prepared by: Candace Horsley, City Manager Coordinated with: N/A Attachments:~~1' \ N.A~ pe~~' APPROVED: ...~ ¢ _ Candace ~o~leyl C~-ty/Manager 4:Can:ASRBusPI.800 and at this point staff is prepared to recommend we move forward with achieving an increased liaison role with our local businesses. There are many ways in which the City can become more involved with our business community to assist in promoting and building a strong economic development environment. The following are a few suggestions that staff would present to Council for discussion and direction: o Appoint a liaison from the City to work directly with the business community. This person would develop a working relationship with the business owners and visit a certain number of businesses every month to discuss issues and learn of the owners' needs. The liaison would also be the direct City contact for business owners to assist them with their questions and concerns and direct them to the appropriate City department when they need assistance. The liaison would also be able to explain the role of various departments and how best to work with the staff to achieve the goal of the business owner. A logical choice for this responsibility would be the Assistant City Manager, who is working with the City Manager on the City's Economic Development programs. . The City has the ability to provide many programs and tools to our local business community that are only available through a public agency. Information regarding Redevelopment Agency programs, rehabilitation programs, Community Development Block Grants, Economic Development Financing Corporation loan funds and other financing tools that may be available, can be developed into a brochure format for easy access and understanding. A dialog process with the City liaison would be established with business owners to provide additional detail on each of the programs and on other ways that the City can assist them. This would provide a template for economic program goals and also provide a strong feedback mechanism on how the business community views our City processes and what we can do to improve. , The City could formulate additional Development Business Assistance Programs that will meet the changing needs of the business community. We recently sent a letter to our local businesses informing them of the City's ability to apply for funding of Iow-interest rate business loans. Those interested in this potential funding source filled out a survey and returned it confidentially to our consultants. To date, there has been a significant response to this letter and once the deadline has been reached, our consultants will inform us of the need to apply for these funds. , The Redevelopment Agency could expand the "downtown core" area to provide assistance to a larger geographical area, specifically along State and Main Streets. We have seen a dramatic effect on School Street due to the Redevelopment Agency's assistance programs. By expanding this program, Se Gl we will be able to contribute to the beautification of the larger business area. The City Council approved in this fiscal year's budget, funding for the development of questions for a business survey. Upon approval of this business liaison concept, staff will meet with the survey consultants to develop a group of target questions that will be sent to our local business owners. The response to this survey will provide the framework for our plan of action for the business liaison. An integral element in developing our relationship with the local business community is to work closely with the Chamber of Commerce and the Main Street Program. I have met with the Directors of both of these agencies and they have expressed extreme interest in participating and cooperating with the City on this endeavor. If these steps are approved by the City Council, the Assistant City Manager and I will be meeting with the Boards of these two agencies to discuss our cooperative roles and to receive input on how best to implement this plan. Additionally, we will continue to work directly with the Economic Development Financing Corporation to develop business opportunities within the Ukiah Valley. Elements of Success The ultimate goal of developing a responsive working relationship with our business community will be to provide a clear vision to the City on the steps needed to create an environment of business confidence. More importantly, the Business Liaison Program will be opening the lines of communication between the City and its small business partners. Staff believes that under this program the City will assist our existing businesses to thrive and other businesses will seek to locate to our community. Should the Council wish to proceed, staff would appreciate direction on which elements of the program Council would prefer to implement. ITEM NO.1 lc DATE: August 16, 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND DIRECTION REGARDING THOMAS PLAZA FOUNTAIN Since the dedication of Alex R. Thomas Jr., Plaza, abuse and vandalism of the facility has been a regular issue with a primary focus on the fountain and the restrooms. The fountain has sustained continuous damage, the result of which has been substantial staff time and resources dedicated to repairs and removal of damaged components. The damage is generally being created by individuals climbing in and on the fountain as well as skateboarders utilizing the fountain seats and walls for jumps. Other damage has been in the form of breaking or removing of the tile trim and fountain bowls, destruction of and throwing the plantings into the fountain, and an overall abuse which has resulted in chipping, cracking, and breaking. Most recently, large pieces of the fountain have been chipped out and thrown into the water leaving large gaping holes in the hollow walls which present a possibility of injury to the public. Because of the gradual destruction to the point of being beyond repair and particularly in light of the potential liability resulting from this most recent damage, staff is recommending removal of the fountain and seeking direction from the Council as to the type of element the Council would prefer as a replacement. (Continued on Page 2) RECOMMENDED ACTION' After discussion, provide direction to staff regarding replacement of Thomas Plaza fountain. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. Photos of Plaza N/A N/A Larry W. DeKnoblough, Community Services Director,/-~ Candace Horsley, City Manager C ndace Horsley, City~anager The costs to replace the current fountain with another water element, based upon staff's discussion with a local fountain contractor, would likely be a minimum of $20,000. The actual cost of replacement will vary greatly based upon fountain design, size, and function. A second option is to utilize the area occupied by the fountain as a planter for trees, possibly surrounded by benches. While the planter option is substantially lower in costs, it would mean the loss of the water element which has served as the Plaza's focal point. The Council should note that no funds have been budgeted for this item in FY 2000/01. Staff believes the fountain has served as a key element to the character of the Plaza, however, the damage and vandalism which has resulted in its destruction has also created a significant amount of unnecessary work and frustration for Parks staff. In addition to the fountain, staff is required on an almost daily basis to repair damage or remove graffiti in the restrooms. Staff's primary concern is that the individuals and groups who are committing the vandalism will continue to do so regardless of what type of element is put in replacement of the current fountain. Unfortunately, this situation is not unique to the plaza, however, because of the plaza's location and type of amenities within the park, it does sustain an extraordinary degree of damage. A further exampie of this condition is the gradual destruction of the picnic tables, which have been reduced to two from the original 15. At a cost of approximately $500 each, the destruction of the tables is approximately $8,500. Attached to this report are photographs of the damage the fountain has incurred, as well as interior photos of damage to the restrooms. These photos represent a typical day for the Parks staff in which valuable staff time is wasted repairing damage perpetrated by a small sector of disturbed individuals. Staff finds this issue extraordinarily unfortunate for the rest of our community and regrets having to present such a discussion to the Council. However, the damage and conditions have elevated to a point at the Plaza where direction from the Council is necessary. Staff is recommending removal of the existing fountain and requesting direction as to the Council's preference of replacement. LD4 FOUNTN.ASR ITEM NO. DATE: lld AUGUST 16, 2000, AGENDA SUMMARY REPORT SUBJECT: BRIEFING ON STATUS OF PALACE HOTEL This is a briefing on the status of the Palace Hotel, and a presentation of staff recommended strategies on how we can work with the current owners of the property, to eliminate the blighted site. The Palace Hotel eyesore and associated issues date back approximately 12 years. Below is a summary of the current activity on this project. Action: On July 21, I spoke with one of the owners about the physical deterioration of the Palace Hotel and discussed with him the legal status of the site. He told me to contact him in late August to discuss the tentative business plans he has for this historic location. He asked me about whether there was any possibility of redevelopment monies that could assist him with developing the location. I told him the City would be exploring all economic options to assist in the restoration of the Palace Hotel, however, it was to early in the State of California Community Development Block Grant appropriation year to determine our eligibility for funding. Staff ,Strategies: The ability to work with the present owners of the Palace Hotel and the opportunity to develop or obtain grants will be a difficult task given the state of decline the site is now in. However, there are at least two strategies we may consider: The owner may work with the City, the National Park Service, and the Internal Revenue Service, in order to obtain tax credits of up to 20% for rehabilitation of the structure. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Council discussion of strategies regarding the Palace Hotel and direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: Remand to staff with directions. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Albert Fierro, Assistant City Manager Candace Horsley, City Manager None. APPROVED: B:I~,F APALACE Horsley, ager Briefing on Status of Palace Hotel August 16, 2000 Page 2 Comment: This option will only succeed if the owner has an exceptional commitment to preserving the structure. The U.S. Department of the Interior and the Department of the Treasury jointly administer the Federal historic preservation tax incentive program. The National Park Service acts on behalf of the Secretary of the Interior, in partnership with the State Historic Preservation Officer of each State. The Internal Revenue Service (IRS) acts on behalf of the Secretary of the Treasury. Certification requests are made to the National Park Service through the appropriate State Historic Preservation Officer. Generally, the tax credit is claimed on IRS form 3468 for the tax year in which the rehabilitated building is placed in to service. For phased projects, the tax credit may be claimed before completion of the entire project, provided that the substantial rehabilitation test has been met. The owner of the building must hold the building for five years after completing the rehabilitation, or pay back the credit. If the owner disposes of the building within a year after it is placed in service, 100% of the credit is recaptured. For properties held between one and five years, the tax credit recapture amount is reduced by 20% per year. The City may apply for Community Development Block Grant (CDBG) funding of an Economic Development Planning/Technical Assistance grant to determine the possible options for reuse of the hotel, such as retail, office, or a restored hotel, etc. Comment: This alternative would be a sound choice and provide the City and the property owner with an objective analysis of the site, marketing uses, and methods of financing the preferred re-use. This first step toward a renovation project for the hotel will require the City to apply for an Economic Development, Planning/Technical Assistance (ED P/TA) grant. Extensive analysis would be conducted to determine the following issues: (a) economic impact of site restoration; (b) architectural feasibility for a mixed-use formula involving housing/retail; (c) establishment of a senior Iow income housing need formula to conform to CDBG requirements; (d) financial cost development for a comprehensive site study; and (e) opportunity to apply for additional CEBG funding (up to $500,000) for renovation. This grant will give us the analytical leverage necessary to establish the need for a mixed-use project and the blueprint for economic success. Due to funding application deadlines, staff has scheduled a Planning and Technical Assistance Grant public hearing forum on August 23, 2000 at 5:00 p.m. If Council chooses not to go this route, we can cancel the public hearing. Historic Preservation: Staff recently contacted both the California State Office of Historic Preservation and the U.S. Department of the Interior to determine how these agencies could assist us with this project. Due to the deteriorated condition of the building our options have bee.q narrowed to those noted above. Although the Palace Hotel is listed both on the state and national lists of historic places, owners of such properties are free to maintain, manage or dispose of their property as they choose, provided no Federal monies are involved. B:I~AF APALACE