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Home My WebLink About2018-06-29 Packet CITY OF UKIAH CITY COUNCIL AGENDA Special Meeting CIVIC CENTER COUNCIL CHAMBER 300 Seminary Avenue Ukiah, CA 95482 June 29, 2018 3:00 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 3. PUBLIC HEARING a. Appeal of Planning Commission Decision to Approve a Major Use Permit/Site Development Permit and Parking Variance to Allow the Construction of a 35-unit Multi-Family Housing Development at 345 North Main Street and 215 Norton Street. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 b. Conference with Legal Counsel — Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Sonoma County Superior Court, Case No. SCV 256737 c. Conference with Legal Counsel — Existing Litigation (Cal. Gov't Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 5. ADJOURNMENT Please be advised that the City needs to be notified 24 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 25th day of June, 2018. Kristine Lawler, City Clerk Page 1 of 1 Agenda Item No.: 3a,...... MEETING DATEITIME: 6/29/2018 dd 1111. ia AGENDA SUMMARY REPORT SUBJECT: Appeal of Planning Commission Decision to Approve a Major Use Permit/Site Development Permit and Parking Variance to Allow the Construction of a 35-unitMulti-Family Housing Development at 345 North Main Street and 215 Norton Street. DEPARTMENT: Community Development Michelle Irace ATTACHMENTS: Attachment 1- May 30,2018 Main Street Village Staff Report Planning Commission Attachment - Final Findings Attachment 3- Final Conditions of Approval Attachment - June 11, 2018 Appeal from Councilmember Sclmnini Attachment - Federal Emergency Management Agency's National Flood Hazard Layer Map Attachment -Applicant Responses to Design Review Board Suggestions Attachment 7- Covenant and Environmental Restriction on Property for the North Coast Railroad Authority Summary: The Council will consider an appeal of the May 30, 2018 Planning Commission's approval of a Major UsePermit/Site Development Permit and Parking Variance to allow the construction of a 35-unit multi-family housing development at 345 North Main Street and 215 Norton Street. An appeal was filed on June 11, 2018 from the Planning Commission decision to approve the permit and variance. RECOMMENDED ACTION: Staff recommends the City Council uphold the Planning Commission's approval of a Major UsePermit/Site Development Permit and Parking Variance to allow the construction of a 35-unit multi-family housing development at 345 North Main Street and 215 Norton Street. ....... . 11.11..... . ....... ........... - BUDGET AMENDMENT REQUIRED. No .�_.-.. ..a..... -1111. ....,k,e m_111,,_1, .- �.......... e,,..............,,._m.,,... - .,, .. CURRENT BUDGET AMOUNT: N/A m m._ ................._.m......... ...11..11 _. .__ .m ..,.. . ,.w......... PROPOSED BUDGET AMOUNT:N/A ...... .. nmm._ ._.._... m._............. FINANCING SOURCE. N/A .... . ... PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A A_....- ,,,n..,..,,,,..,,_.,� �m COORDINATED WITH CraigSchlatter Community Development Director Approved: rage Sa iacomo, City Manager Background: Guillon, Inc. proposes to construct a 24,414 sq.ft., 35-unit market-rate multi-family housing complex of two separate buildings: Building A would comprise a 2-story 19-unit building (13,2016 sq.ft. total), which would also contain a manager's office, storage, and secured indoor bicycle storage; and Building B would comprise a 2-story 16-unit building (11,208 sq.ft. total). All residential units are 2 bedroom/1 bathroom units ranging in size from 643 sq.ft. to 725 sq.ft. While 55 vehicle spaces and 32 bicycle spaces would be provided, the Parking Variance allows a reduction of 13 parking spaces from the required 68 spaces per UCC§9198(a)(3) and §7388. Attachment 1 contains the May 30, 2018 Staff Report to the Planning Commission, Attachment 2 the Final Findings, and Attachment 3 the Final Conditions of Approval for the project. An appeal of the Planning Commission's approval was received by the City on June 11, 2018 from Councilmember Scalmanini, in accordance with UCC §1203 (Attachment 4). The appeal includes 49 items regarding the proposed project, including site design and perceived impacts to the surrounding neighborhood and asserts there are inaccuracies in the planning review process. The 49 items and Staffs responses to the items are provided below, and the appeal is forwarded to the City Council for consideration. Discussion: (Concerns raised in the June 11, 2018 appeal letter from Councilmember Scalmanini are in bold-type font, with Staff's response to each of the questions following.) 1. Acreage calculations are omitted from the Staff Report, and the acreages mentioned do not match those in the Assessor's Parcel map and in the aerial Site Map. Staff response: As mentioned on the summary page of the Planning Commission Staff Report, together the parcels total 1.21 acres, which is consistent with the APN page and surveyed parcels. Consistent with Ordinance No. 1189, acreage for the purpose of calculating density was determined by including the distance to the centerline of the roadway on both Norton and North Main streets. Parcel calculations are included below: Existing Parcel size calculations The North Main Street parcel is 180 ft. x 182 ft. = 32,760 sq.ft. (approx. 0.75 acre) The Norton Street parcel is 75 x 264.5= 19,837 sq.ft. (approx. 0.46 acre) Total = 52,597 sq.ft. (approx. 1.21 acres) Right-of-Way Calculations Norton Street(length of parcel frontage): 75 ft. x 20 ft. (measurement to centerline of the roadway) =1,500 sq.ft. North Main Street: 182 ft. (length of parcel frontage) x 20 ft. (measurement to centerline of the roadway) = 3,640 sq.ft. Total= 5,140 sq.ft. (approx. 0.12 acre) Total parcel size including Right-of-Way Frontage = 57,737 sq.ft. (approx. 1.33 acres) 2. All units are two bedroom/one bath, and look to be identical in the Overall Level I Floor Plans, which does not meet the General Plan goal to meet the diverse needs of the population in terms of mixed types and affordability of housing. Level 2 floor plans were omitted from the documentation provided to the Planning Commission, which makes the review of the project invalid. Staff response: The Planning Commission evaluates projects from a land use perspective and is not tasked with evaluating interior floor plans or other interior design details. Staff typically provides floor plans for the Commission's information only. In the City of Ukiah 2014-2019 Housing Element, the phrase `types of housing" does not refer to floor plans of individual homes and multi-family housing developments.According to the California Department of Finance, and as referred to in the Housing Element, "types of housing" are defined as single-family detached/attached, 2-4 units attached (duplex — fourplex), 5+ units attached (multi-family), and mobile homes. Types of housing can also refer to whether the home is a rental unit, special needs housing, senior housing, student housing, etc. The General Plan goal of meeting the diverse needs of housing 2 refers to these different types- single-family, multi-family, etc.-and ensuring there is an adequate supply of each. The term "affordability of housing"in the General Plan refers to a community's diversity in terms of supply of housing for different income groups. Affordability falls into four ranges: very low-income, low-income, moderate-income, and above moderate-income. The City of Ukiah has consistently met its Regional Housing Needs Allocation goals, set by the California Department of Housing and Community Development, for numbers of housing units affordable to very low-income, low-income, and moderate- income households. Where the City has fallen short is meeting the need for the number of above moderate-income units. The Main Street Village project would enable the City to achieve compliance with its Housing Element by providing 35 above moderate-income units. 3. The parcel on Norton Street is intended to be a driveway with no structures,which does not meet its General Plan designation of R3 (High Density Residential), which is intended for apartment and townhouse projects. Staff response: The proposed parking lot will support the apartment project. Additionally, with completion of the merger which was approved by the City Engineer on June 5, 2018 and recorded on June 13, 2018, it will be located on the same parcel as the apartment complexes. 4. The intended zoning of the merged parcels is omitted. (This affects at least setbacks and height allowances, which are different for the R3 and C1 zonings of the two parcels.) Staff response: Unless there is a proposed Rezone when parcels are merged, the zoning remains as-is. Because a Rezone is not being sought,the zoning districts and boundaries remain the same.The merged parcel will be split-zoned High Density Residential/Community Commercial. Setbacks also remain the same, as required by each zoning district. 5. No provision has been made for salvage and reuse of scarce and/or irreplaceable materials from the proposed demolition of the house on Norton St, which is built of old growth redwood. Staff response: Demolition of the residence was reviewed by the Demolition Permit Review Committee on November 28, 2017 and recommended for approval to the City Council. On January 31, 2018, the City Council approved the demolition of the house. City Council reviewed whether or not additional requirements, such as salvaging materials, should be required but no such requirements were imposed. However, per the California Building Code, 65% of materials are required to be recycled from the demolished residence. 6. The "relocation and re-housing process" for the tenant of 215 Norton St.was premature. Staff response: Per the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, persons who are being relocated will not be asked to move without first being given at least 90 days'written notice. Given the extremely competitive local housing market, Staff provided additional time for this process. The City has been working with the applicant since November 2017 and has executed an agreement with the tenant; as of June 1, 2018, the tenant has been relocated. 7. The Aerial Map (Figure 4) in the Staff Report is incorrect. Staff response: The boundary of the Norton Street parcel was inaccurately depicted on the Aerial Map of the May 30, 2018 Staff Report. However, Staff noticed this error and corrected it prior to the meeting of the Planning Commission so that it was correct for the presentation. In addition, Staff noted this error during the beginning of the presentation and clarified the correct boundary to avoid any confusion. The boundary is correct on all other figures and plans contained within the Staff Report. 8. Height allowances have not been considered, which would enable the building to exceed two stories, which would enable smaller footprints, which would in turn enable more onsite parking. Ground-level parking inside the buildings has not been considered. Staff response: The applicant is not required to consider alternative height allowances. The applicant considered the existing built environment and determined that two-story development is the most appropriate for the site and character of the surrounding area. 3 9. The project does not meet General Plan Goal H-1 to conserve, rehabilitate, and improve the existing housing stock.The project does the exact opposite-it removes/demolishes existing low- income housing stock. Staff response: The existing single-family residence is not restricted to low-income housing through a covenant and is therefore not considered low-income under the California Department of Housing and Community Development's definition. While the project removes one single family residence, it provides an additional 35 units for above moderate-income residents. The project supports General Plan Goal H- 1 by improving the housing stock within the City. Additionally, a project is considered to be consistent with a general plan if in considering all aspects of the project, it will further the objectives and policies of the general plan. It does not require a precise match between a project and the general plan (Corona-Norco Unified Sch. Dist. V. City of Corona(2001) 13 Cal.AppAth 1577; see also Sequoyah Hills Homeowners Assn v. City of Oakland (1993) 23 Cal.AppAth 704). Therefore, projects do not have to be found in compliance with every single general plan goal and policy to be approvable. In this case, the May 30, 2018 Staff Report notes 21 different General Plan Goals, Policies and Implementation Measures with which the project is consistent, including Goal H-1 and Goal H-2 to conserve, rehabilitate, and improve the existing housing stock. 10. The project does not meet the General Plan Goal H-2 to provide housing for all economic segments of the community, including mixed types and affordability of housing. Staff response: Refer to response to comment numbers 2 and 9 above. 11. The project considers downstream flooding but does not consider existing flooding due to lack of maintenance of Gibson Creek by the City(as demonstrated by the flood in February, 2017.) Staff response: According to the Federal Emergency Management Agency's National Flood Hazard Layer Map, the project is not located within a floodplain; it is located within "Zone X", which is defined as an area of minimal flood hazard (see Attachment 5). The project site drains towards Orr Creek, rather than Gibson Creek. Nonetheless, the project is conditioned such that the stormwater leaving the site in post-project conditions is less than stormwater leaving the site in pre-project conditions. These requirements are consistent with requirements by FEMA for flood risk, as well as the Regional Water Quality Control Board (RWQCB) for water quality issues. An applicant can only be held responsible for project impacts and is not required to mitigate impacts not caused by the project. See also response to comment number 38. 12. The project does not consider that the community may be tired of so many crape myrtle trees. Staff response: As discussed at the Planning Commission hearing, the applicant has removed crape myrtle trees from the landscaping plan. 13. The Parking Variance does not consider other options such as three-story buildings with smaller footprints, which would enable more on-site parking. Staff response: This comment is similar to comment number 8; refer to response to comment number 8. 14. The claim that "no review by the ALUC or the project is required pursuant to Policy 6.2(1) of the 22 Mendocino County Airport Comprehensive Land Use Plan (CLOP)" is highly questionable. Staff response: The Project application was referred to County of Mendocino staff representative Sam Vandewater for the Mendocino County Airport Land Use Commission (ALUC) for comment. Mr. Vandewater commented that no review by the ALUC of the project is required pursuant to Policy 6.2(1) of the Mendocino County Airport Comprehensive Land Use Plan (CLUP). Both the referral and comment were included in Attachment 4 of the May 30, 2018 Staff Report. 15. Review of the project by the City or Ukiah Airport Commission was omitted. Staff response: The City's Airport Commission is responsible for managing day to day operations of the airport and does not review projects for land use compatibility. The Mendocino County Airport Land Use Commission is responsible for reviewing projects for land use compatibility in accordance with the County's Comprehensive Land Use Plan (CLUP). See response to comment number 14. 4 16. The "corrugated metal" in the project is specifically discouraged in the City of Ukiah Downtown Design District Guidelines, as is all metal siding and metal building materials. Staff response: The Downtown Design District Guidelines (Guidelines) were adopted on May 20, 1992 and are intended to assist those within the development process to meet the community goals for maintaining aesthetic character and historic resources within the downtown area and along main street frontages. While an effort should be made to follow the Guidelines, they are not requirements. Moreover, the Guidelines have not prevented the use of corrugated metal siding, when deemed aesthetic, such as in the case of the architecture office building on Standley Street east of Cultivo Restaurant. 17. The Design Review Board did not vote"unanimously to recommend approval of the project to the Planning Commission." Staff response: The Appellant is correct. The Oct 19, 2017 Design Review Board Minutes state the following: "Motion/Second Nicholson/Hawkes to recommend Planning Commission approval to allow the construction of a 35-unit multi-family residence at 215 Norton Street and 345 N Main Street to incorporate the above-referenced comments into the project design. Motion carried by the following roll call vote: AYES: Member Hawkes, Nicholson and Chair Liden NOES: Member Hise. ABSENT: Member Morrow. ABSTAIN: None" However, per Section 1168 of Ukiah City Code, the Design Review Board "shall act in an advisory capacity to the City staff, Zoning Administrator, Planning Commission and City Council..." and projects may thus proceed to Planning Commission with or without a unanimous or majority recommendation from the Design Review Board. 18. "The project is not consistent with the goal of the General Plan to 'provide housing to a diversity of populations' because all units have almost identical 2 bedroom/1 bathroom floor plans." Staff response: See response to comment number 2. Floor plans have nothing to do with population diversity. 19. The project, as conditioned, will be detrimental to the public's health, safety and general welfare for reasons that include but are not limited to ignoring input from the Design Review Board, not soliciting input from the Ukiah Airport Commission, and creating overparking on nearby streets. Staff response: As discussed in response to comments 14 and 15 above, the project has been deemed in compliance with the CLUP by the County's ALUC staff representative. The Design Review Board (DRB) is an advisory board and the applicant has made a strong effort to incorporate all suggestions, as feasible. Applicant responses to DRB suggestions are included in Attachment 6. A parking analysis was provided by the applicant and contained a thorough analysis of the walkability and cyclability of the site, as well as the ridership of mass transit and the vacancy rates of public parking in the area. Parking reduction is further discussed in item 35, 36 and 37. 20. The project is detrimental to the general welfare by diminishing the value of the property at 211 Norton St and rendering it impractical for development for its zoning. Staff response: There is no evidence that the proposed project will diminish surrounding property values. Property values are based upon industrial standards as set forth by the Uniform Standard of Professional Appraisal Practices(USPAP). Those standards include three different approaches-the sales comparison approach, cost approach and income approach. Generally speaking, in regards to single-family homes, values are based upon market conditions and sales of comparable properties ("comps"), or similar properties with similar characteristics that have recently been sold in similar transactions. No evidence using such appraisal practices by qualified appraisers has been presented to the Planning Commission. 21. The site was not "previously developed with residential uses, similar to the proposal." The previous use of the parcel on N Main St was a trailer park for small trailers (not full size mobile 5 homes) and the parcel on Norton St was and still is a single family house that until recent months was rented at a low-income monthly price. Staff response: The proposed project, mobile home park, and single family dwelling are considered residential uses. In addition, the parcels were previously (2006) entitled for a subdivision to create 14 separate lots for the construction of townhomes. Also see response to comment number 9. 22. Nothing in the documentation of the project indicates how landscaping for "separating or screening the proposed structure(s) from the street and adjoining building sites" will be implemented, particularly for the apartment and single family house to the north of Building A. Staff response: As noted on the Landscape Plan included in the Planning Commission Staff Report and discussed at the Planning Commission hearing, groundcover, shrubs and trees will be planted along the street frontages and between the single-family house to the north of Building A. Specifically, Emerald Green Arborative will be planted along the northern boundary of Building A.This is a tall narrow pyramidal evergreen that keeps its color year round and will provide screening for the adjacent residence. 23.The size and intensity of the project does "create a hazardous or inconvenient vehicular or pedestrian traffic pattern" by eliminating parking spaces and possibly forcing some residents to park on local streets, and by not ensuring that each unit will always have at least one dedicated/reserved on-site parking space. Staff response: The project proposes 35 units and 55 vehicle on-site parking spaces. Therefore, at least one parking space per unit is ensured. In addition, 32 bicycle spaces are provided and the project encourages pedestrian use as well' as other alternative modes of transportation. 24.Whether "the proposed project and approval or the parking variance would provide adequate circulation and transportation for the project", and whether "strict application of the zoning regulations (parking requirements) would not allow the site to be developed to the best use and highest intensity allowed within the R3 Zoning District' is not adequately addressed, particularly without consideration of three-story buildings. Staff response: Refer to response to comment number 8. 25. The allegation that the project "provides needed middle-income housing" ignores the fact that the project destroys at least one unit of low-income housing. Staff response: Refer to response to comment number 9. 26. The allegation that"the project supports the housing strategy and needs identified in the Housing Element and Regional Housing Needs Allocation" ignores that the project destroys one or more units of low-income housing. Staff response: This comment is repeated from comment number 25 and is similar to comment number 9. See response to comments 9 and 25. 27. There is no indication that "a minimum of 2, AC Level 2, electric vehicle charging stations" will be provided, as recommended by the Air Quality Management District. Staff response: No electric vehicle parking stations are proposed. However, the project encourages pedestrian and bicycle access, as well as alternative modes of travel. The recommendation by the Air Quality Management District is a recommendation, and not a requirement for the project. 28. There is no evidence that "the pavement section shall be calculated appropriately to ensure that it can withstand the loading"from "heavy truck traffic ... from the solid waste company." Staff response: The City of Ukiah has adopted and approved private development standards for off-street parking and circulation areas, which require meeting compaction rates and providing base rock. These requirements will be ensured through the plan check process, prior to issuance of building permits and through site inspections by building inspectors as the project is being constructed. 29.The requested reduction of vehicle parking stalls is inconsistent. 6 Staff response: This comment does not specify the said inconsistency. However, as described in the Planning Commission Staff Report,the applicant is seeking a variance from the number of vehicle parking spaces required per UCC §9198. UCC §9198, Number of Parking Spaces Required, stipulates in (A)(3) that two parking spaces are required for each two-bedroom unit. The applicant is proposing a 35-unit 2- bedroom apartment complex, which per UCC requires 70 onsite parking spaces. Section 9199(B) of the UCC provides a reduction of two spaces per parcel, when there is a ratio of five bicycle spaces for every one vehicle stall (a minimum of 14, in this case). The applicant is providing 32 bicycle parking spaces, and as such is allowed a reduction in parking spaces from 70 to 68 per UCC §9199(6) Bicycle Parking Facility Exemption. However, the applicant is proposing 55 parking spaces and requesting a reduction of 13 vehicle parking spaces. 30. There is no mention of what other properties in the area have been granted reductions in the number of vehicle parking stalls, so there is no way to evaluate whether this project has government granted financial advantage vs. other properties due to the requested reduction in number of vehicle parking stalls. Staff response: A request for reduction in parking does not require the analysis of other properties in the area and whether they meet current parking standards. The approval of a Variance or any entitlement does not constitute a financial advantage. In the event that other properties in the area, or within the City of Ukiah request a parking reduction, then at that time the applicant would need to provide an analysis and demonstrate that the reduction is warranted. 31. The Parking Reduction Analysis omits any estimate of the number of cars expected to be parked on local streets, which can be estimated from a survey or the number of cars owned per 2- bedroom apartment near the project. Staff response: Because of the available on-street parking and public parking lots within the downtown area, in addition to the project's location to nearby public transit stops and pedestrian and bicycle facilities, Staff did not regard a reduction of 13 on-site parking spaces to warrant further investigation. A request for reduction in parking does not require an analysis of other properties in the area if those properties meet current parking standards. See response to comments 30 and 34 through 37. 32. The four schools that are alleged to be proximate to the bicycle path near the project are not identified, and only one school is mentioned previously(as a major destination, Pomolita School (a Middle School), at a distance or 0.48 miles.) Staff response: This language the Appellant is referring to was included within the applicant-provided Parking Reduction Analysis to provide a summary of the findings within a walkability survey that was conducted to support the City's Urban Greening Grant application for the Rail Trail. South Valley High School, Oak Manor Elementary School, Pomolita Middle School, Yokayo Elementary School, and Saint Mary of the Angels Catholic School are all within approximately one-half mile of the Rail Trail. 33.The alleged land use limitations or the property owned by the North Coast Railroad Authority, upon which the Class I bicycle path near the project is constructed, are not documented, nor is their deed-restriction, and so are not guaranteed in the future and therefore not relevant to the project. Staff response: The Covenant and Environmental Restriction on Property for the North Coast Railroad Authority is included as Attachment 7 and includes land use limitations. Specifically, Section 3.1, Restrictions on Development and Use, states the following: Covenantor promises to restrict the use of the Burdened Property as follows: a. Development and use of the Burdened Property shall be restricted to industrial, commercial, and or office space. b. No residence for human habitation shall be permitted on the Burdened Property. c. No hospitals shall be permitted on the Burdened Property. d. No public or private schools for persons under 21 years of age shall be permitted on the Burdened Property. 7 34. The finding that "The refusal to allow a variance would make a proper use of the property unfeasible" is not supported by the analysis. Since the majority or properties and land uses in the vicinity have sufficient off-street parking stalls", why shouldn't this project? Why should government grant a market advantage to this project without granting the same benefit to other similar developments nearby; where is this preferential treatment documented? Staff response: In granting a Variance for a parking reduction, the UCC 7388(8) requires only one finding to be made. In this case the applicant demonstrated that nearby public parking lots are underutilized. In addition, the applicant's analysis provided additional details that discussed the project's location near public transit stops, its ridership levels(highest traveled routes), proximity to existing and proposed public bicycle paths, walk scores and cycle scores. The analysis also discussed nearby employers and educational facilities, goods and services. The analysis, the findings, and its conclusion were further supported by General Plan Goals and Policies that discuss effectively planning new development that is pedestrian and bicycle friendly and near transit and employment centers (Goal CT-1, Goal CT-3, Goal CT-6„ Goal CT-8, Goal H-5, and Policy GP 29.3). 35. The allegation that the project is a proper use "without adding vehicle traffic to the local roads" is not supported. Staff response: A traffic analysis using standard traffic generation calculations from the Institute of Traffic Engineers (ITE) Trip Generation Manual, which is a widely accepted methodology for analyzing traffic impacts among traffic and planning professionals, was completed by Staff. The analysis showed the project would not add a significant amount of traffic on local roads. 36. The allegation that"The proposal includes adequate vehicle parking" is not supported. Staff response: See response to comment number 23. 37.The allegation that "A reduction in on-site parking, as detailed in the analysis ... will not have an impact upon the health, safety, and general welfare of the public" is not supported. Staff response: The applicant provided a detailed Parking Reduction Analysis that took into account public transit stops, ridership levels, existing and proposed public bicycle paths, vacancy rates at nearby public parking lots, and walk scores. The analysis also discussed nearby employers and educational facilities, goods, and services. The analysis is based upon existing surveys, projects and ridership numbers. See also response to comment number 34. 38.Agency Comments from the City of Ukiah Department of Public Works refer to the need for "a legally binding, signed maintenance agreement approved by the City of Ukiah is required for the proposed stormwater treatment planters and all post-construction BMPs, and shall be recorded prior to final approval of the building permit." These comments omit the need for a signed maintenance agreement between the City of Ukiah and perhaps the project's owner and/or their insurance company by which the City will fulfil its responsibility to maintain the channel of Gibson Creek, which it has not done for years if not decades, so as to prevent flooding of the project property as occurred in February of 2017, as witnessed by local residents, including the resident of the property at 211 Norton St, which is adjacent to the project. Staff response: The City of Ukiah Public Works Department stated the following in its October 25, 2017 comment letter(comment number 7): Maintenance and inspection of all post-construction best management practices (BMPs) are the responsibility of the property owner. In accordance with the LID Manual, a legally binding, signed maintenance agreement approved by the City of Ukiah is required for the proposed stormwater treatment planters and all post-construction BMPs, and shall be recorded prior to final approval of the building permit. This language is standard language included for every project requiring stormwater treatment facilities and was incorporated as Condition of Approval Number 42 (see Attachment 3). This language is intended to apply only to the stormwater facilities on-site and is not intended to extend to Gibson Creek. 8 The perceived issues of flooding in Gibson Creek and the existing conditions of Gibson Creek are not an impact of the project and the applicant is not responsible for issues that are not impacts of the project. In addition, this project is conditioned such that the stormwater leaving the site in post-project conditions is less than stormwater leaving the site in pre-project conditions. The site generally drains towards Orr Creek and not towards Gibson Creek. See response to comment number 11. 39. It remains unclear whether ADA curb ramps in the vicinity of the project are adequate for the expected additional pedestrian traffic. Staff response: The project will provide accessible sidewalks along the project street frontage, consistent with City Code. The applicant will be required to ensure the public right-of-way, including sidewalks and curbs and ramps that abut the immediate area of the project, and are in compliance with ADA standards. Improvements beyond those immediately adjacent to the project are not required. 40. The City of Ukiah Airport Commission was omitted from solicitation for input and comments on the project. Staff response: This comment is repeated from comment number 15; see response to comment number 15. 41.The claim in Agency Comments from the County of Mendocino Planning Department that "No review by ALUC required" is dubious and not supported by any documentation from the ALUC. (ALUC is assumed to be the Airport Land Use Commission.) Staff response: This comment is repeated from comment number 14; refer to response to comment number 14. 42. The claim that the project will "provide for future solar capability" does not meet General Plan Goal EG-4, "Maximize on-site solar energy use, especially in new developments."(Yet half of the roof of each building faces southward, which is ideal for photovoltaics.) Staff response: The applicant has considered the ability to install a solar system and has determined that, due to the limited amount of lighting necessary in the common areas, solar installation is currently cost prohibitive. It would also require additional panels and electrical conduit. However, the project is consistent with the California Green Building Code standards and will be built to be solar-ready. 43. Setbacks mentioned are inconsistent but irrelevant until the zoning of the parcel after being combined has been determined, which has not been done yet. Staff response: This comment is similar to comment number 4; see response to comment number 4. 44. The developer being "open to discussion how this can most effectively be accomplished" does not meet the requirement that "assurances of privacy must be provided." Staff response: The applicant has incorporated project design elements to ensure privacy to the extent feasible. A window study was conducted to assess the level of privacy with regard to placement of bedroom windows when two-story buildings are adjacent to one another or on adjacent properties. Unit windows are generally offset to increase privacy. In addition, the units will have blinds installed and trees will be planted along the northern property line to increase privacy. 45. Unit windows ... generally offset from one another" is vague and does not meet the requirement that "assurances of privacy must be provided." Staff response: See response to comment number 44. 46. "There'll be blinds installed" does not meet the requirement that"assurances of privacy must be provided." Staff response: See response to comment number 44. 47. Having parking spaces within four feet of bedroom windows does not meet the requirement that "assurances of privacy must be provided." 9 Staff response: The applicant has considered privacy for tenants and has incorporated design features to increase privacy to the extent feasible. See response to comment number 44. However, there is no requirement that prevents windows from being located adjacent to parking spaces. 48.ADA compliance for the parking spaces is not ensured. Staff response:The Americans with Disabilities Act(ADA)requires and ensures that the built environment meets specific standards for people with disabilities. The applicant is required to be in compliance with such requirements and the City of Ukiah ensures such conformance through the plan check process and inspections throughout the building process. 49.The project apparently violates state law by not accommodating a full-time on-site manager, which is required for apartment buildings with the proposed number of units. Staff response: The Applicant is required to comply with state and federal residential housing laws. Staff has confirmed that the Applicant understands that the California Code of Regulations, Title 25, section 42, requires property owners of apartment buildings with 16 or more units to have on-site resident managers living on their properties. 10 ATTACHMENT 1 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. City off. Ukiah Ukiah, CA 95482 1 DATE: May 30, 2018 2 3 TO: Planning Commission 4 5 FROM: Michelle Irace, Planning Manager 6 7 SUBJECT: Request for Review and Recommendation regarding a Major Use Permit/Major Site 8 Development Permit and Parking Variance to allow the construction of a 35-unit multi-family housing 9 development at 345 N Main Street and 215 Norton Street File No. 3085 10 11 12 SUMMARY 13 OWNER: City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 APPLICANT/AGENT: Steve Honeycutt Guillon Inc. 2550 Lakewest Dr., Suite 50 Chico, CA 95927 REQUEST: Major Use Permit Major Site Development Permit Variance (parking) DATE DEEMED COMPLETE: May 4, 2018 LOCATION: ±0.180 ft. east and ±0.125 ft. south of the intersection of Norton Street and N. Main Street, lying on the south and east sides, respectively. APNs 002-153-04 (215 Norton) and 002-153-30 (345 Main) TOTAL ACREAGE: ±1.21 acres; (1.33 acres including Right-of-Way per Ordinance No.1189) GENERAL PLAN: Commercial (C), High Density Residential (HDR) ZONING DISTRICT: Community Commercial (Cl), High Density Residential (R3) ENVIRONMENTAL Categorical Exemption, pursuant to CEQA Guidelines Article 19 DETERMINATION: Section 15332, In-Fill Development Projects, Class 32 RECOMMENDATION: Conditional Approval STAFF PLANNER: Michelle Irace 14 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. City off. Ukiah Ukiah, CA 95482 1 PROJECT DESCRIPTION AND BACKGROUND 2 3 An application was received from Steve Honeycutt on behalf of Guillon Inc.for approval of a Major 4 Use Permit/Major Site Development Permit and Parking Variance to allow for the construction of 5 a 24,414 sq.ft., 35-unit market-rate multi-family housing complex. The project includes the 6 following components: 7 Construction of two separate structures: 8 o Building A: two-story 19-unit building (13, 2016 sq.ft. total), which will also 9 contain a manager's office, storage, and secured indoor bicycle storage; and 10 o Building B: two-story 16-unit building (11,208 sq.ft.). 11 o All residential units are two bedroom/one bath units. 12 0 A total of 55 vehicle parking spaces and a total of 32 bicycle parking spaces (12 outdoor and 13 20 indoor). 14 0 Landscaping provided throughout the site with a wide combination of ground cover and 15 shrubs. 26 new trees will be planted. 16 0 Stormwater Low Impact Development features such as inceptor trees, vegetative swales, 17 and vegetated buffer strips. 18 0 A large grass area installed at the southeastern corner of the site, giving tenants open space 19 access, space for barbequing, benches and recreational opportunities. 20 0 Access provided via two-directional driveways on both Norton and Main streets. 21 0 Lighting fixtures in the parking lot, driveways and building entrances/walkways. All lights 22 would be night sky compliant with full shields and directed downward. 23 0 Site served by City sewer, water and electric. 24 The application, site plan, landscape plan, elevations, and renderings are included as Attachment 25 3. 26 Location. The proposed project is to be located on two City-owned parcels: 215 Norton Street 27 (APN 002-153-04) and 345 N. Main Street (APN 002-153-30). The City is in the process of 28 merging the two properties and Staff proposes conditioning the project (see COA No.2 in 29 Attachment 2) to ensure the merger is finalized prior to developing the site. The Norton parcel is 30 zoned High Density Residential (R3), while the Main Street parcel is zoned Community 31 Commercial (Cl). Multi-family residences are an allowed use in the R3 zoning district and a 32 permitted use with approval of a Use Permit in the C1 zoning districts. 33 The proposal is to construct a 35-unit multi-family housing complex on 1.21 acres, which prior to 34 the adoption of Ordinance No. 1189 (see following)would equate to 28.9 units per acre. However, 35 on May 2, 2018 Ordinance No. 1189, Ordinance of The City Council of the City of Ukiah Amending 36 Various Sections of Chapter 2, Division 9 of The Ukiah City Code to Set Forth in Greater Detail 37 the Procedure for Calculating Residential Density, was adopted which allows measuring the area 38 of a given parcel to the centerline of streets or other public rights of way which are contiguous to 39 the property lines of the parcel for the purpose of calculating residential density. Therefore, the I Norton and Main Street Rights of Ways have been included in the acreage calculation and the 2 total parcel size is 1.33 acres, allowing up to 37 units on-site. 3 Although currently vacant, the parcel located at 345 North Main Street was previously a mobile 4 home park. Both the 19-unit and the 16-unit buildings are proposed to be located on this parcel. 5 The parcel at 215 Norton Street contains a single-family residence that is leased on a monthly 6 basis. The City is working with the tenant and has begun the relocation and re-housing process, 7 as the single-family residence and an accessory structure will be demolished. This parcel will 8 accommodate the majority of the proposed parking. 9 10 The two parcels were the subject of a Boundary Line Adjustment, General Plan Amendment / 11 Zoning Change, and Major Subdivision application in 2006. The project included rezoning the 12 parcels to Community Commercial-Planned Development (C1-PD) to create 14 separate lots for 13 the construction of townhomes. Per UCC Section 9169(A), although approved, the project (of the 14 same name, Main Street Village) was never completed and the entitlement was subsequently 15 deemed expired in 2012 because substantial progress had not been made and a request for 16 extension was not received. Therefore, the Rezone never became effective and the parcels 17 remain zoned R3 and C1. 18 19 The proposed project submitted to the Community Development Department by Guillon, Inc. in 20 September 2017 is considered a new application. 21 22 SURROUNDING LAND USE AND ZONING 23 24 The parcel fronting onto Main Street is zoned C-1, while the parcel fronting onto Norton Street is 25 zoned R3. The project site is surrounded by the following uses: 26 • North: A multi-family apartment structure, Norton Street and additional single and multi- 27 family structures all located within the R3 zoning district. 28 • South: Circle Trailer Park and single-family residential structures located in the C1 zoning 29 district. 30 • West: Main Street, ADCO Sheet Metal along with a mix of multi-family housing located 31 within the C1 zoning district. 32 • East: Single-family located in the R3 zoning district and multi-family housing located in 33 both the R3 and C1 zoning districts. 34 GENERAL PLAN ZONING LOT SIZES USES North HDR R3 ±0.18 -0.33 Residential acres _0.47— + 1.32 East HDR/C C1, R3 acres Residential SouthC C1 _0.26 acres Residential + - _0.11 0.3 Commercial/ West C C1, Planned Development acres Residential 35 36 37 Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 3 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. City off. Ukiah Ukiah, CA 95482 1 Figure 1. General Plan Designation ry ,�y wy� r� i iii � one vfl �Mw,� OR w � om , t d MRS RVIC d., r --- 3 Figure 2. Zoning Designation ��ffffffffffffff n ff!„J a»'rrtui-k'+.��kfa✓J�fJGtilll I�4r.rr�a�ueoN a f/,�1w I1i1�11 � �unFNM"il�iP v � `lht.viw mwwyWJ i'.o fi �ti � 1, JP�uo w�mk l,mr �r¢ ffmr R 4 iM�lP' �,r,yOrH�x/n„41�r4�D6J,r,IjPli trio wnw �4w a wa 1 Figure 3. Airport Master Plan Zoning Capability Map 0 Legend Wport Piriort oA P,111110 I .........A lRA Pr � irk , �., Zone,A` zone1' rr �tlNl➢1➢J/J r .one Zorte C zarle r;, C'= , Limits 3 Figure 4. Aerial Map %�11A, ii �i 4 Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 5 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. City off. Ukiah Ukiah, CA 95482 1 AGENCY COMMENTS 2 Project referrals were sent to the following responsible or trustee agencies with interest or 3 jurisdiction over the Project: Ukiah Valley Fire District, City of Ukiah Public Works Department, 4 City of Ukiah Police Department, City of Ukiah Electric Utility Department, City of Ukiah Building 5 Division, the Mendocino County Airport Land Use Commission, Mendocino County Air Quality 6 Management District, Mendocino Transit Authority, the State Regional Water Quality Control 7 Board, and Sonoma State University Northwest Information Center. The agencies' comments and 8 recommended Conditions of Approval are contained in Attachment 4. The project was also 9 reviewed by the Design Review Board on October 19, 2017 and the Board's 10 comments/recommendations are summarized in the "Design Guidelines" section of this report 11 (meeting minutes are included as Attachment 5). AGENCY RESPONSE RESPONSE DATE Ukiah Valley Fire District Conditions of Approval September 4, 2017 May 5, 2018 City of Ukiah Public Works Conditions of Approval September 27, 2017 October 25, 2017 City of Ukiah Police Dept. Comments October 4, 2017 May 8, 2018 City of Ukiah Electrical Utility Conditions of Approval October 18, 2017 City of Ukiah Building Official Conditions of Approval April 23, 2018 City of Ukiah Design Review Board Comments October 19, 2017 Mendocino Co. Air Quality Mgmt. District Conditions of Approval May 15, 2018 Mendocino County Airport Land Use Comments May 18, 2018 Commission Mendocino County Building and Planning No Comment May 9, 2018 Mendocino Transit Authority No Response N/A State Regional Water Quality Control Board No Response N/A Sonoma State Northwest Information Center Comments May 16, 2018 12 13 STAFF ANALYSIS 14 15 Although the project proposal comprises two lots, the analysis is based on the project site, defined 16 as, "A lot or group of lots used together for a unified development' (UCC §9278(B)). In addition, 17 the City is in the process of merging the parcels into one lot. 18 19 A Variance for reduction in parking numbers is also being considered concurrently. Separate 20 findings must be made for the approval of the Variance, and these are analyzed both first and I separately from the findings necessary for approval of the Use Permit (UP) and Site Development 2 Permit (SDP). This is because the possible approval of the UP and SDP is contingent upon a 3 successful Variance application. 4 5 In addition, the Applicant has submitted building permits for the development for concurrent 6 review, with the understanding that the issuance of building permits is contingent upon approval 7 of the UP, SDP and Variance. 8 9 Lastly, the Applicant's proposal of 35 units is contingent upon Ordinance No. 1189, Ordinance of 10 The City Council of the City of Ukiah Amending Various Sections of Chapter 2, Division 9 of The 11 Ukiah City Code to Set Forth in Greater Detail the Procedure for Calculating Residential Density, 12 which will become effective on June 4, 2018. Conditions of Approval Numbers 1 through 3 have 13 been added with this understanding (see Attachment 2). 14 15 General Plan and Zoning Consistency 16 Permitted Uses. The Norton Street parcel has a General Plan designation of High Density 17 Residential (HDR) and the Main Street parcel has a General Plan designation of Commercial (C). 18 The HDR designation is intended for apartment or townhouse projects, while the C designation 19 applies to lands appropriate for a variety of commercial uses in locations served by public utilities 20 and where future growth is anticipated. 21 22 The Norton Street parcel is zoned High Density Residential (R3), while the Main Street parcel is 23 zoned Community Commercial (Cl). Multi-family residences are an allowed use in the R3 zoning 24 district and a permitted use with approval of a Use Permit in the C1 zoning district. 25 Density. As noted in Table IV.4-44, Population Density and Building Intensity, the City of Ukiah 26 General Plan "Commercial" and "High Density Residential" designations allow a maximum of 28 27 units per acre, typically as apartments and townhouse projects, to meet the diverse needs of the 28 population in terms of mixed types and affordability of housing. 29 Ordinance No. 1189 directs Staff to measure the area of a given parcel to the centerline of streets 30 or other public rights of way that are contiguous to the property lines of the parcel for the purpose 31 of calculating residential density. The ordinance becomes effective June 4, 2018, and the density 32 calculation for the site has been conducted utilizing direction in this new ordinance. Therefore, 33 the total parcel size for calculating density is 1.33 acres, allowing up to 37 units on-site'. The 34 proposed 35 units equates to 26.3 units per acre, which is less than the maximum allowable 35 number of units per acre of 28. 36 Height. The structures are at a height of 26-feet 2-inches, which is below the height limitation of the 37 C1 requirement of 50-feet and below the R3 requirement of 40-feet height. 38 By providing housing to a diverse population, promoting infill development, supporting the local 39 economy, promoting alternative modes of transportation, incorporating water saving landscaping, 40 and installing energy efficiency features, the project fulfills the following General Plan policies and 41 implementing policies. The Applicant has provided a comprehensive list of General Plan Polices 42 that the project is consistent with in Attachment 3. 1 1.33 acres x 28 units/acre(per General Plan and Zoning designation)=37.24 units/acre allowed. Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 7 1 2 Overall General Plan and Growth Management 3 • Goal GP-5: Encourage housing in a price range to match the income of residents. 4 • Goal GP-6: Encourage housing for local workers and jobs for current residents. 5 6 Economic Development Element 7 • Goal ED-1: Support a strong local economy. 8 • Policy ED 1.1: Take steps to reinforce the Ukiah Valley's economy. 9 • Policy GP-29.3: Promote public transportation, services within walking distances 10 in neighborhoods, and any other feasible means of preventing needless vehicle 11 use and pollution. 12 • Implementation Measure CD-9.2(a): Require that new building designs be 13 complementary to the overall character of the neighborhood in which a project is 14 located. 15 16 Circulation and Transportation Element 17 • Goal CT-1: Consider all types of circulation and transportation issues in land use 18 decisions. 19 • Goal CT-2: Maximize the use of existing streets and circulation patterns. 20 • Goal CT-3: Design new development and redevelopment projects to be as 21 accessible by foot, bicycle and transit as they are by auto. 22 • Policy CT-2.2: Encourage development along existing roads with available 23 capacity and appropriate zoning prior to locating development in areas which 24 require new transportation facilities. 25 • Policy CT-3.1: New development and redevelopment projects shall specifically 26 include plans for pedestrian facilities, bike lanes, bike racks and transit stops. 27 28 Housing Element 29 • Goal H-1: Conserve, rehabilitate, and improve the existing housing stock to 30 provide adequate, safe, energy efficient, and decent housing for all Ukiah 31 residents. 32 • Goal H-2: Provide housing for all economic segments of the community. 33 • Goal H-4: Promote well planned and designed housing opportunities for all 34 persons regardless of race, gender, age, sexual orientation, marital status or 35 national origin. 36 • Goal H-5: Use land effectively to meet housing needs and to implement smart 37 growth, green building, and sustainable development policies with a focus on infill 38 development. 39 • Policy H-5.1: Housing Design: Assure that new housing is well-designed to 40 enhance Ukiah's neighborhoods and the community as a whole. Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 8 1 • Policy H-5.6: Infill Development. Support careful well-designed infill housing 2 development in areas currently served by City services. 3 • Policy H-5.7: Sustainable Development. Encourage and support sustainable site 4 planning and development. 5 • Implementation Measure H-5.a: Apply the CEQA Infill Exemption when possible 6 and perform expedited review for well designed, compact projects using green and 7 sustainable design and building techniques. 8 • Implementation Measure H-5.h: Promote stormwater management systems for 9 mutli-family housing developments that have multiple benefits such as bio-swales 10 to reduce downstream flooding, contamination of streams and rivers, fire hazard, 11 and irrigation needs and to distribute stormwater and recharge groundwater. 12 • Implementation Measure H-5.j: Work with developers to create residential 13 neighborhoods with mixed housing densities, types, and housing affordability 14 levels that promote human interaction, neighborhood-scale services and facilities, 15 safety, and connectivity to schools, neighborhoods, and commerce. 16 17 18 Signs. The applicant does not propose signage at this time. Condition of Approval 15 has been 19 added, ensuring that the applicant will obtain Sign Permits, in compliance with Division 3, Chapter 20 7, Signs, of the UCC. 21 22 Landscaping. In accordance with UCC Sections 9052 and 9087, landscaping makes up 22% of 23 the site and will consist of a mixture of trees, shrubs, ground cover, and field boulders. Along 24 Main Street, two bio-swells will be installed to capture surface water runoff and meet Low Impact 25 Development (LID) standards. Bio-swells will have Purple Needlegrass, which is California's 26 State grass. 27 28 Shade trees are provided throughout the parking lot and consist of Ginko, Crape Myrtle and 29 October Glory Red Maple, which are noted on the Ukiah Parking Lot tree list. The selected trees 30 bring a variety of seasonal colors and interest to the site. Parking lot shade coverage is 62%, 31 which exceeds landscape requirements. Ground cover and shrubs also provide interest and 32 texture to the site which provide additional aesthetic value. 33 34 Lighting. Lighting will be placed within the parking lot and near the entrances of the units. Parking 35 lot light fixtures will be at a pedestrian scale, no taller than 20 feet. The proposed lights are of a 36 shoebox design with LED luminaires. Additional lights will be placed at the front entrances of the 37 units. All lights are night sky compliant with full shields and directed downward. 38 Parking Variance 39 The applicant is seeking a variance from the number of vehicle parking spaces required per UCC 40 §9198. UCC §9198, Number of Parking Spaces Required, stipulates in (A)(3) that two parking 41 spaces are required for each two-bedroom unit. The applicant is proposing a 35-unit 2-bedroom 42 apartment complex, which per UCC requires 70 onsite parking spaces. Section 9199(8) of the 43 UCC provides a reduction of two spaces per parcel, when there is a ratio of five bicycle spaces 44 for every one vehicle stall (a minimum of 14, in this case). The applicant is providing 32 bicycle 45 parking spaces, and as such is allowed a reduction in parking spaces from 70 to 68 per UCC Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 9 I §9199(6) Bicycle Parking Facility Exemption. However, the applicant is proposing 55 parking 2 spaces and requesting a reduction of 13 vehicle parking spaces. 3 4 The project would provide a total of 55 parking spaces, 39 of which are standard (9 ft. x 19 ft.), 5 and 16 of which are compact (8 ft. x 17 ft.). UCC §9192, Size of Parking Spaces, states, "In any 6 parking area with more than 10 required off street parking spaces, 30% compact spaces may be 7 allowed." 16 compact spaces accounts for 30% of the total, and therefore the project is consistent 8 with this requirement. 9 10 UCC§9051(H). Exemption from the number of required vehicle parking spaces is provided in R3 11 through UCC §9051(H), which states, "Relief from the parking requirements in the R-3 Zoning 12 District may be approved through the discretionary review process, provided a finding is made 13 that a reduced number of spaces would not adversely impact the health, safety, and general 14 welfare of the public." This enables a parking reduction on the 215 Norton Street lot. 15 16 UCC §7388. UCC Chapter 3 Off-Street Parking, Article 5. Parking District, §7388 Variance 17 Procedure allows for the Planning Commission to grant a variance to any parcel of land within 18 Parking District #1 thereby allowing a reduction in the number of required spaces asserted by 19 UCC §9198 Number of Parking Spaces Required. The current boundaries of Parking District 1, 20 also known as the Parking and Business Improvement District, were expanded to their current 21 configuration by the City Council by Ordinance No. 883, approved June 30, 1989. See 22 Attachment 7 for the ordinance and a map of the district. The 345 Main Street lot is within the 23 Parking District 1 and eligible for a variance per UCC §7388. 24 25 Per UCC §7388(8), the Planning Commission may grant a variance on one or more of the 26 following grounds: 27 1. The refusal to allow a variance would make a proper use of the property unfeasible; 28 2. Physical impossibility or unsuitability of the property to comply with on-site parking 29 requirement; 30 3. Proximity to an underutilized public parking lot which would reduce the need for on-site 31 parking; 32 4. Specific conditions exist which particularly affect the subject property as opposed to 33 other properties in the District similarly situated; 34 5. Specific conditions exist as to the type of business enterprise or use permitted by the 35 Commission and which may affect the need for on-site parking. 36 Per UCC §7388(8), it is the burden of the applicant to demonstrate to the Planning Commission 37 the grounds on which the application for variance may be based. The applicant has provided the 38 parking analysis and justification in Attachment 3, which supports criteria numbers 1 and 5 39 above. In summary, 40 41 The project is an infill market rate apartment building in the downtown core of Ukiah. As detailed 42 in the analysis, the site itself and the surrounding conditions are walkable, bikeable and transit 43 friendly. Adding a residential use is a proper use of the site and will allow tenants to utilize all the 44 nearby amenities, goods, services, employment and educational opportunities without adding 45 vehicle traffic to the local roads...The project site is centrally located to a variety of goods, 46 services, employment and educational opportunities... The proposal is supported by General Plan Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 10 I Goals and Policies... The City of Ukiah is relatively flat with short commuter times, resulting in a 2 city that is bicycle friendly. The project site is near a heavily used Class I bicycle path that is 3 anticipating to expand and will result in a higher number of users... There are two bus stops along 4 North Main Street, adjacent to the project site. These stops serve the highest ridership routes in 5 the County (Route 7, 9 and 20) which are both local and regional. Having high density projects 6 near transit stops typically lead to increased ridership and a reduction of vehicles on the road... 7 A reduction in on-site parking, as detailed in the analysis (above) will not have an impact upon 8 the health, safety, and general welfare of the public..." 9 10 Per UCC §9264(D)findings are required to grant a variance the Zoning Administrator or Planning 11 Commission, on the basis of the evidence submitted at the hearing, may grant variances from the 12 requirements of this Chapter when: 13 14 a. Because of special circumstances applicable to the property, including size, shape, 15 topography, location, or surroundings, the strict application of this Article deprives 16 such property of privileges enjoyed by other property in the vicinity and subject to 17 identical zoning regulations. 18 Applicant Statement: The subject property is located within the downtown area of 19 the City of Ukiah and surrounded by urban development and uses. As such, the 20 project site is defined as an infill project. Infill projects have to take a balanced 21 approach to development and the variety of requirements and regulations that are 22 placed upon them through local zoning codes and State regulations. Typically, infill 23 development sites are not of sufficient size of land to accommodate and meet every 24 need and regulation (ADA path of travel, trash, open space, landscaping, shade, 25 parking, setbacks, Low Impact Development etc.) while ensuring the project can 26 be economically feasible. 27 b. The issuance of the variance would not constitute a grant of special privilege 28 inconsistent with the limitations upon other properties in the vicinity and subject to 29 identical zoning regulations. 30 c. Applicant Statement: The immediate area is fully developed, with only one other 31 parcel being vacant. The other parcel used to contain aspects of the nearby Depot 32 site (rail spurs, out buildings etc.), and as such, it has a covenant placed upon that 33 property limiting its own development potential (no residential and sensitive land 34 uses). In the event that property in the vicinity wish to be redeveloped or further 35 intensified, that project may also be granted special privilege depending upon the 36 request. However, since no project is currently proposed in the vicinity, no analysis 37 have been performed and to do so would be speculation under the California 38 Environmental Quality Act. The grant of the variance would not be detrimental to 39 surrounding property owners. 40 Applicant Statement: The reduction in parking has been thoroughly analyzed and 41 has concluded that there will not be a fire, life, safety issue to the surrounding 42 property owners in that;land uses around the project are a mix of commercial and 43 multi-family and the site is within walking distance to Downtown Ukiah, major 44 employers, transit, goods and services, bicycle paths and traditional residential 45 neighborhoods. Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 11 I Staff agrees with the above conclusions. The strict application of the zoning regulations (parking 2 requirements) would not allow the site to be developed to the best use and highest intensity 3 allowed within the R3 Zoning District and would not allow the project to advantage of Ordinance 4 No. 1189. Additionally, this project provides needed middle-income housing, as prioritized in the 5 2017 City of Ukiah Housing Strategy. Based on the above analysis, the findings for a variance 6 can be made. The variance findings are included in Attachment 1 as Findings 10-12. 7 8 Airport Compatibility 9 The Mendocino County Airport Land Use Commission has adopted a Comprehensive Land Use 10 Plan (CLUP)for all airports within the County. The Mendocino County Airport CLUP was adopted 11 in 1993 and establishes compatibility zones while regulating land use through safety zones, noise 12 zones, and height restrictions. Land use information and compatibility criteria is contained within 13 Chapters 2 and 3 of the CLUP and provides land use compatibility guidelines for lands near the 14 airport to avert potential safety problems and to ensure unhampered airport operations. 15 16 The CLUP originally did not include information for the Ukiah Municipal Airport and the 17 compatibility map was omitted from the CLUP in anticipation of the City preparing an Airport 18 Master Plan. However, the Ukiah Municipal Airport Master Plan (Master Plan) was adopted by 19 the City of Ukiah in 1996 and the CLUP was amended to include information contained within the 20 Master Plan, including the land use compatibility map; the Ukiah Municipal Airport is discussed 21 within Chapter 3, Section 6 of the CLUP. Land use information and compatibility criteria is 22 contained within Chapter 7 of the Master Plan and is consistent with that contained within the 23 CLUP. 24 25 The project site is located approximately 1.4 miles north of the runway for the Ukiah Municipal 26 Airport, placing over half the site within the B2 Compatibility Zone (Extended Approach-Departure 27 Zone). Normally Acceptable Uses in the B2 Zone include single-story offices, single-family homes 28 on existing lots, low-intensity retail, office, and low intensity manufacturing. Uses identified as not 29 normally acceptable include residential subdivisions, intensive retail, intensive manufacturing or 30 food processing, multiple tory offices, hotels and motels, and multi-family residential. However, 31 the City's Master Plan (pg.7-33) includes flexibility for new residential development with the 32 following compatibility criteria, which was included in the County's CLUP as Policy 6.2. Policy 6.2 33 states the following regarding residential development: 34 35 The 82 zone north of the Airport encompasses existing development. Some vacant land remains, 36 however, redevelopment of other parcels is anticipated. The Infill Policy (Policy 2.1.6) of the 37 County-Wide Compatibility Plan is applicable to the entirety of this 82 zone. This policy allows 38 new development of a similar intensity to that of surrounding, already existing, uses. 39 40 A survey of the area has been conducted to determine the current types and intensity of uses. 41 The following limits on future development of this zone are set accordingly.- 42 ccordingly.42 (1) New residential development is discouraged in this zone. However, where such development 43 is considered the best land use fora particular parcel with regard to general city planning shall- 44 because of its lower sensitivity to noise compared to single-family residential uses-be deemed 45 normally acceptable. Any new multi-family residential development shall not exceed 28 46 dwelling units per acre. Also, any proposed multi-family development on a parcel of more than 47 4 acres shall maintain a minimum of 30% open space (including major landscaping areas, 48 non-enclosed automobile parking lots and driveways, and a share of adjacent streets). New 49 single-family residential uses shall continue to be regarded as normally unacceptable." Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 12 I The entirety of the proposed Building B, and up to half of proposed Building A would be located 2 in the B2 zone.Although multi-family residential uses are listed as uses"not normally acceptable", 3 the project meets the criteria contained within Policy 6.2(1) in the following ways: 4 Using the B2 density standard of 28 units per acre, 37 units would be allowed on the 1.33- 5 acre parcel (1.33 x 28 units/acre=37.24 units). The proposal is to construct a 35-unit multi- 6 family apartment project on a site that is 1.33 acres, which results in a net density of 26.3 7 units per acre. As such, the proposed project's density would be below the maximum 8 density allowed within the B2 zone. 9 As proposed the site currently has 71% open land (landscape, driveways, parking etc.). 10 which exceeds the minimum 30 % recommended for the B2 zone. 11 In addition, the proposed project site is surrounded and bounded by existing development similar 12 in use, size and scale. Specifically, a two-story apartment complex exists directly adjacent to the 13 proposed site on Main Street and there are also two-story apartments located on Norton Street. 14 As such, the proposed project is of similar intensity and consistent with existing surrounding uses. 15 Therefore, this project meets the intent of CLUP's Infill Policy (Policy 2.1.6). 16 Further, Policy 6.3 of the CLUP allows recording of a Deed Notice as an acceptable alternative to 17 dedication of an avigation easement in the B2 zone. Condition of Approval No. 4 is recommended 18 to satisfy this policy. 19 20 Lastly, the Project application was referred to the County of Mendocino staff representative Sam 21 Vandewater for the Airport Land Use Commission (ALUC) for comment. Mr. Vandewater 22 commented that no review by the ALUC of the project is required pursuant to Policy 6.2(1) of the 23 Mendocino County Airport Comprehensive Land Use Plan (CLUP). 24 25 Based on the above information and analysis, the project complies with the Ukiah Municipal 26 Airport Master Plan and requirements in the B2 Compatibility Zone of the CLUP and may be 27 considered an acceptable use within the B2 zone. The pertinent sections of the County's CLUP 28 are included as Attachment 8. 29 Design Guidelines 30 The entirety of the site is located within the Downtown Design District and subject to the 31 recommendations of the Design Guidelines for Commercial Projects Within the Downtown Design 32 District. The Design Review Board (DRB) reviewed the project on October 19, 2017, and the 33 minutes of the meeting are included as Attachment 5. 34 35 The proposal includes two two-story buildings with exterior finishes consisting of horizontal lap 36 siding, stucco, corrugated metal. Colors consist of rich brown (Otter) for the stucco, a cream 37 (Cobble Stone)for the lap siding and a warm red (Colonial Red) and rich grey (Slate Grey)for the 38 corrugated metal. Trim for both buildings will be an off white (Oyster White). Aesthetic interest 39 is brought to the structure through the introduction of the different finish materials and colors, as 40 well as details in the gable ends, gable vents, window pergolas, and structural details within the 41 gable ends. Balconies are proposed for all units and will have a black powder coated metal railing. 42 At the DRB meeting, there was general discussion about the architectural style of the building, 43 materials selection, colors, lighting, sign height and area, and landscaping. The DRB voted Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 13 I unanimously to recommend approval of the project to the Planning Commission, provided the 2 following criteria are incorporated into the project. 3 4 5 ENVIRONMENTAL DOCUMENTATION 6 7 The proposed project is subject to the California Environmental Quality Act(CEQA). The applicant 8 is seeking a categorical exemption from CEQA pursuant to CEQA Guidelines Article 19 Section 9 15332, In-Fill Development Projects, Class 32, based on the following: 10 11 a) The Project is consistent with the applicable general plan designation and all applicable 12 general plan policies as well as with applicable zoning designations and regulations. 13 The proposal is consistent with applicable general plan designations and applicable 14 general plan policies as well as zoning designations and regulations, in that the proposal 15 is allowed by right in the R3 zoning district and allowed with use permit approval in the C1 16 zoning district. 17 b) The proposed development occurs within city limits on a project site of no more than five 18 acres substantially surrounded by urban uses. 19 The proposal is within the Ukiah City limits on a property that is approximately 1.21 acres 20 in size. The site is surrounded on all sides by existing urban uses, both commercial and 21 residential in nature. 22 c) The project site has no value as habitat for endangered, rare or threated species. 23 The project site contains no habitat value for endangered, rare or threatened species in 24 that the site has been previously developed and all improvements removed. At one time 25 the project site was regraded for a previous project. Since then the site is routinely mowed. 26 The site does not contain any shrubs or trees. 27 d) Approval of the project would not result in any significant effects relating to traffic, noise, 28 air quality, or water quality. 29 Approval of the project would not result in any significant effects to traffic, noise, air quality 30 or water quality in that the project site is in a walkable area of town, on-site parking is 31 providing and the project is similar to the existing land uses pattern in the immediate area. 32 Further, the site was previously developed with residential uses, similar to the proposal. 33 e) The site can be adequately served by all required utilities and public services. 34 The site can be adequately served by all required utilities and public services in that the 35 site used to accommodate single and multi-family residential uses. The project site is 36 within the City limits and is already served by Fire and Police Departments, including other 37 applicable City services such as public works and sewer. Finally, there are two transit 38 stops immediately adjacent to the project site along Main Street. 39 40 NOTICE 41 Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 14 I Notice of the Public Hearing was provided in the following manner, in accordance with UCC 2 §9262(C): 3 • Published in the Ukiah Daily Journal May 20, 2018 4 • Posted on the Project site May 18, 2018 5 • Posted at the Civic Center (glass case) 72 hours prior to hearing 6 • Mailed to property owners within 300 feet of the parcels included in the project on 7 May 18, 2018 8 9 10 RECOMMENDATION 11 12 Staff recommends Planning Commission 1) conduct a public hearing; and 2) adopt the findings 13 and conditionally approve a Major Use Permit/Site Development Permit and Parking Variance 14 for the project. 15 16 ATTACHMENTS 17 1. Draft Findings — UP/SDP and Parking Variance 18 2. Draft Conditions of Approval 19 3. Project Application, Project Description, Plans, Parking Reduction Analysis 20 4. Agency Comments 21 5. Design Review Board Minutes; October 19, 2017 22 6. Ordinance No. 1189, Ordinance of The City Council of the City of Ukiah Amending 23 Various Sections of Chapter 2, Division 9 of The Ukiah City Code to Set Forth in Greater 24 Detail the Procedure for Calculating Residential Density. Adopted May 2, 2018. 25 7. Ordinance No. 883, Ordinance of the City Council of the City of Ukiah Amending Section 26 2605 of Ukiah City Code to Expand the Boundaries of the Parking and Business 27 Improvement District Within the City of Ukiah. Adopted June 30, 1989 28 8. Airport Land Use Master Plan Compatibility Criteria. 29 Staff Report Major Use Permit/Site Development Permit, and Variance Main Street Village 345 Main Street. and 215 Norton Street. File No.: 3085 15 I ATTACHMENT 1 2 3 FINDINGS TO ADOPT A USE PERMIT/SITE DEVELOPMENT PERMIT AND VARIANCE FOR 4 THE MAIN STREET VILLAGE PROJECT 5 345 NORTH MAIN STREET AND 215 NORTON STREET 6 FILE NO.: 3085 7 8 9 Recommendation for the Approval of the Major Use Permit/Site Development Permit and 10 Findings: The Community Development Department's recommendation for conditional 11 approval of Major Use Permit/Site Development Permit and Variance, File No. 3085 to construct 12 a market rate 35-unit multifamily complex project, including associated improvements, is based 13 in part on the following findings, in accordance with UCC §9262, 9263 and 9264: 14 15 Use Permit and Site Development Permit Findings 16 17 1. The proposed project is consistent with the goals, objectives, and policies of the Ukiah 18 General Plan because it provides housing to a diversity of populations, supports the 19 local economy, promotes infill development, promotes alternatives modes of 20 transportation, and incorporates water saving landscaping and energy efficiency 21 features. 22 23 2. The Project is consistent with the use and development standards for the Airport Land 24 Use Master plan and qualifies for Infill Policy 2.1.6, which allows flexibility for new 25 development of similar intensity to that of surrounding, already, existing uses. 26 27 3. The project is consistent with the land use development standards contained within 28 Ukiah City Code Sections 9045-9053 (Regulations in R3 Districts) and Sections 9080- 29 9088 (Regulations in C1 Districts). Additionally, it is consistent with Ordinance No. 30 1189, Ordinance of The City Council of the City of Ukiah Amending Various Sections 31 of Chapter 2, Division 9 of The Ukiah City Code to Set Forth in Greater Detail the 32 Procedure for Calculating Residential Density. 33 34 4. Through architectural design and input from the Design Review Board, the project 35 provides sufficient variety, creativity, and articulation to the architecture and design of 36 the structure(s) and grounds to avoid monotony and/or a box-like uninteresting 37 external appearance. 38 39 5. As conditioned, the project's development will not be detrimental to the public's health, 40 safety, or general welfare. The project has been reviewed by the following agencies to 41 ensure compliance with the Ukiah City Code and other local codes and regulations: 42 Ukiah Valley Fire District, City of Ukiah Public Works, City of Ukiah Police Department, 43 City of Ukiah Electric Utility, City of Ukiah Building Official, the Mendocino County 44 Airport Land Use Commission, Mendocino County Air Quality Management District, 45 Mendocino Transit Authority, the State Regional Water Quality Control Board, and 46 Sonoma State University Northwest Information Center. Comments have been 47 included as Conditions of Approval. 48 49 6. The project will not cause significant adverse environmental impacts or excessively 50 damage or destroy natural features. The project site contains no habitat value for 51 endangered, rare or threatened species and the site has been previously disturbed. Findings for Use Permit, Site Development Permit, and Variance Main Street Village 345 Main Street and 215 Norton Street File No.: 3085 1 I Approval of the project would not result in any significant effects to traffic, noise, air 2 quality or water quality. The site was previously developed with residential uses, 3 similar to the proposal. Since then the site has been routinely mowed and no trees 4 exist on site. The proposed development will not excessively damage or destroy 5 natural features, including trees, shrubs, creeks, and the natural grade of the site. 6 7 7. Sufficient landscaped areas have been reserved for purposes of separating or 8 screening the proposed structure(s) from the street and adjoining building sites, and 9 breaking up and screening large expanses of paved areas. 10 11 8. City services are available to serve the Project. The Project has been reviewed by 12 Public Works Department, Electric Utility, Fire Marshal, and Building Official, and 13 conditioned to ensure adequate services and utilities are available to serve the project. 14 15 9. The location, size, and intensity of the proposed project will not create a hazardous or 16 inconvenient vehicular or pedestrian traffic pattern. The proposed project provides two 17 access points on both N. Main Street and Norton Street, deemed adequate by the 18 Public Works and Fire Department. The Project includes pedestrian and bicycle 19 access to the downtown area, providing convenient vehicle and pedestrian traffic 20 patterns. 21 22 Variance Findings 23 24 10. Due to the size of the property, its proximity to the downtown and local transit system, 25 and alternative transportation design components such as bike and pedestrian 26 opportunities, the proposed project and approval of the parking variance would provide 27 adequate circulation and transportation for the project. The strict application of the 28 zoning regulations (parking requirements) would not allow the site to be developed to 29 the best use and highest intensity allowed within the R3 Zoning District would not allow 30 the project to advantage of Ordinance No. 1189. Additionally, this project provides 31 needed middle-income housing, as prioritized in the 2017 City of Ukiah Housing 32 Strategy. 33 11. The City's 2014-2019 Housing Element (Adopted 2016) of the General Plan identifies 34 the need for housing of all income categories, and identifies vacant and underutilized 35 infill parcels as the best place to site new housing development. This includes parcels 36 that are close to existing infrastructure and situated along transportation corridors, 37 and are close to the downtown, retail opportunities, medical services, and professional 38 offices. The Main Street parcel is identified as a vacant parcel in the Housing Element 39 and is located on an infill parcel within the Ukiah Downtown Core area, close to existing 40 transit and infrastructure, as well as commercial, employment and retail opportunities. 41 In addition, because the project proposes a middle-income 35-unit multi-family 42 complex the project supports the housing strategy and needs identified in the Housing 43 Element and Regional Housing Needs Allocation. Therefore, issuance of the proposed 44 variance would not constitute a grant of special privilege inconsistent with the 45 limitations upon other properties in the vicinity and subject to identical zoning 46 regulations. 47 12. The grant of the variance would not be detrimental to surrounding property owners. 48 The proposal for the reduction in parking has been thoroughly analyzed. The project 49 has been reviewed by the following agencies and their comments have been included Findings for Use Permit, Site Development Permit, and Variance Main Street Village 345 Main Street and 215 Norton Street File No.: 3085 2 I as Conditions of Approval to ensure compliance with all applicable health and safety 2 codes: Ukiah Valley Fire District, City of Ukiah Public Works, City of Ukiah Police 3 Department, City of Ukiah Electric Utility, City of Ukiah Building Official, the 4 Mendocino, and the Mendocino County Air Quality Management District. 5 6 13. Notice of the Public Hearing was provided in the following manner: 7 8 • Published in the Ukiah Daily Journal May 20, 2018 9 • Posted on the Project site May 18, 2018 10 • Posted at the Civic Center (glass case) 72 hours prior to hearing 11 • Mailed to property owners within 300 feet of the parcels included in the project on 12 May 18, 2018 13 Findings for Use Permit, Site Development Permit, and Variance Main Street Village 345 Main Street and 215 Norton Street File No.: 3085 3 I ATTACHMENT 2 2 3 CONDITIONS OF APPROVAL 4 TO ADOPT A USE PERMIT, SITE DEVELOPMENT 5 PERMIT AND VARIANCE FOR THE 6 MAIN STREET VILLAGE PROJECT 7 345 NORTH MAIN STREET& 215 NORTON STREET 8 FILE NO. 3085 9 10 11 The following Conditions of Approval shall be made a permanent part of the Major Use Permit, 12 Major Site Development Permit and Variance, File No. 3085, shall remain in force regardless of 13 property ownership, and shall be implemented in order for this entitlement to remain valid. 14 15 Approved Project Description. An application was received from Steve Honeycutt on behalf of 16 Guillon Inc. for approval of a Major Use Permit/Major Site Development Permit and Parking 17 Variance to allow for the construction of a 24,414 sq.ft., 35-unit market-rate multi-family housing 18 complex. The project includes the following components: 19 Construction of two separate structures: 20 o Building A: two-story 19-unit building (13, 2016 sq.ft. total), which will also 21 contain a manager's office, storage, and secured indoor bicycle storage; and 22 o Building B: two-story 16-unit building (11,208 sq.ft.). 23 o All residential units are two bedroom/one bath units. 24 0 A total of 55 vehicle parking spaces and a total of 32 bicycle parking spaces (12 outdoor and 25 20 indoor). 26 0 Landscaping provided throughout the site with a wide combination of ground cover and 27 shrubs. 26 new trees will be planted. 28 0 Stormwater Low Impact Development features such as inceptor trees, vegetative swales, 29 and vegetated buffer strips. 30 0 A large grass area installed at the southeastern corner of the site, giving tenants open space 31 access, space for barbequing, benches and recreational opportunities. 32 0 Access provided via two-directional driveways on both Norton and Main streets. 33 0 Lighting fixtures in the parking lot, driveways and building entrances/walkways. All lights 34 would be night sky compliant with full shields and directed downward. 35 0 Site served by City sewer, water and electric. 36 SPECIAL CONDITIONS 37 38 1. Approval of the UP and SDP is subject to the following two conditions which must be 39 satisfied before the permits become effective: (1) Approval of the application for a 40 Variance and (2) Ordinance No. 1189, Ordinance of The City Council of the City of Ukiah 41 Amending Various Sections of Chapter 2, Division 9 of The Ukiah City Code to Set Forth 42 in Greater Detail the Procedure for Calculating Residential Density ("Ordinance"), 43 becoming effective, as further detailed in the Conditional Approval Agreement , dated May 44 1, 2018, which is on file with the Community Development Department. Building permits 45 for this project shall not be issued prior to the satisfaction of both special conditions. Conditions of Approval Use Permit, Site Development Permit, and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 1 1 2. Prior to issuance of building permits, the two existing lots shall be merged into one. The 2 merger shall be recorded with the County and a final copy of the recorded map will be 3 provided to the City. 4 5 3. Prior to issuance of building permits, a demolition permit shall be acquired to remove the 6 existing residence. 7 8 4. A dedication of avigation easement or a Deed Notice shall be recorded and a copy of the 9 recorded document shall be provided to the Community Development Department prior to 10 issuance of building permits. 11 12 13 STANDARD CONDITIONS OF APPROVAL 14 15 5. This approval is not effective until the 10-day appeal period applicable to this Use Permit 16 and Site Development Permit has expired without the filing of a timely appeal. If a timely 17 appeal is filed, the project is subject to the outcome of the appeal and shall be revised as 18 necessary to comply with any modifications, conditions, or requirements that were 19 imposed as part of the appeal. 20 21 6. All Conditions of Approval shall be printed on all sets of building permit project plans 22 pertaining to any site preparation work or construction associated with the development 23 of the multi-family project and ancillary site improvements approved by the Use Permit 24 and Site Development Permit. 25 26 7. All use, construction and the location thereof, or occupancy, shall conform to the 27 application and to any supporting documents submitted therewith, including any maps, 28 sketches, or plot plans accompanying the application or submitted by applicant in support 29 thereof. 30 31 8. Any construction shall comply with the "Standard Specifications" for such type of 32 construction now existing or which may hereafter be promulgated by the Engineering 33 Department of the City of Ukiah; except where higher standards are imposed by law, rule, 34 or regulation or by action of the Planning Commission such standards shall be met. 35 36 9. Building permits shall be issued within two years after the effective date of the Use Permit 37 or same shall be null and void. 38 39 10. If any use permitted shall cease for six (6) consecutive months, then the right to any Use 40 Permit permitting such use shall terminate and such Use Permit shall be revocable by the 41 granting body. 42 43 11. If any condition is violated or if any required approval is not obtained, then the Use Permit 44 granted shall be null and void; otherwise to continue in full force and effect indefinitely until 45 otherwise terminated and shall run with the land. 46 47 12. The approved Use Permit may be revoked through the City's revocation process if the 48 approved project related to the permit is not being conducted in compliance with the 49 stipulations and conditions of approval; or, if the project is not established within two (2) Conditions of Approval Use Permit, Site Development Permit, and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 2 I years of the effective date of approval; or, if the established use for which the permit was 2 granted has ceased or has been suspended for twenty-four (24) consecutive months. 3 4 13. Except as otherwise specifically noted, any Use Permit shall be granted only for the 5 specific purposes stated in the action approving such Use Permit and shall not be 6 construed as eliminating or modifying any building, use, or zone requirements except as 7 to such specific purposes. 8 9 14. In addition to any particular condition which might be imposed; any construction shall 10 comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, 11 regulations, and ordinances in effect at the time the Building Permit is approved and 12 issued. 13 14 15. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 15 7, Signs, of the UCC. 16 17 MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT CONDITIONS 18 16. This project is subject to District Regulation 1 regarding air quality permits. The applicant 19 is required to obtain an Authority to Construct permit from the District prior to beginning 20 construction and/or installation of the equipment. 21 22 17. Diesel Engines —Stationary and Portable Equipment and Mobile Vehicles: 23 • Any stationary onsite diesel IC engines 50 horsepower or greater (i.e. large power 24 generators or pumps) or any propane or natural gas engines 250 horsepower or 25 greater may require a permit from the District. 26 • Portable diesel powered equipment that may be used during the proposed project are 27 required to be registered with the state Portable Equipment Registration Program 28 (PERP) or obtain permits from the District. 29 • Projects located adjacent to sensitive receptors (schools, child care facilities, health 30 care facilities, senior facilities, businesses, and residences, etc.) during the 31 construction phase of this project have the potential for exposure to diesel particulate. 32 • Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is 33 limited to less than 5 minutes. 34 35 18. Demolition Projects: Single Family Dwellings Less Than Four (4) Units 36 a. Prior to receiving a Demolition/ Renovation Permit from the Planning & Building 37 Agency the applicant is required to: 38 Submit a completed Asbestos Demolition/Renovation form to the District and 39 obtain written authorization from the District. 40 41 19. Grading Projects: All grading activities must comply with the following fugitive dust 42 mitigation measures in accordance with District Regulation 1, Rule 1- 430: 43 a. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust 44 emissions 45 b. All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall 46 have a posted speed limit of 10 miles per hour. 47 c. Earth or other material that has been transported by trucking or earth moving 48 equipment, erosion by water, or other means onto paved streets shall be promptly 49 removed. Conditions of Approval Use Permit, Site Development Permit, and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 3 I d. Asphalt, oil, water or suitable chemicals shall be applied on materials stockpiles, and 2 other surfaces that can give rise to airborne dusts. 3 e. All earthmoving activities shall cease when sustained winds exceed 15 miles per hour. 4 f. The operator shall take reasonable precautions to prevent the entry of unauthorized 5 vehicles onto the site during non-work hours. 6 g. The operator shall keep a daily log of activities to control fugitive dust. 7 8 20. Prior to starting any construction, the applicant is required to: 9 a. Submit a Large Area Grading permit application to the District. 10 b. Obtain a final determination from the Air Quality Management District as to the need 11 for an Asbestos Dust Mitigation Plan and/or Geologic Survey to comply with CCR 12 sections 93106 and 93105 relating to Naturally Occurring Asbestos. 13 c. Obtain written verification from the District stating that the project is in compliance with 14 State and local regulations relating to Naturally Occurring Asbestos. 15 16 21. Property Development: Prior to starting any construction the applicant is required to: 17 a. Obtain a Property Development Permit from the District for any open outdoor burning. 18 b. Obtain a Large Area Grading Permit, if applicable 19 The District recommends that the applicant consider alternate means of 20 disposal other than open burning, such as cutting the majority of the larger 21 material up as firewood, and chipping smaller material, if feasible to mitigate 22 impacts from open outdoor burning. 23 24 22. Installation of Wood Burning Devices: 25 a. Installation of new wood burning devices is prohibited by District Regulation 4 with the 26 following exceptions: 27 • Wood burning appliances in existing residential, commercial or public 28 buildings designated as a historical site. 29 • The installation of wood burning appliances on display at a retail business 30 whose purpose is the sale of wood burning appliances to the public. 31 • Fireplaces and wood burning appliances installed on railroad equipment that 32 is owned and/or operated by an active railroad or public museum. 33 • Wood burning appliances used primarily in the preparation of food. 34 • Wood burning appliances used in compliance with all other local, state and 35 District regulations for recreational outdoor heating. 36 b. Building officials are prohibited from issuing a Certificate of Occupancy or approving a 37 final building inspection until one of the following has been documented; 38 1) The authorized local building official observes and documents that no wood 39 burning appliances have been installed, or; 40 2) The project is a residential dwelling of three units or less and not part of a 41 new major subdivision subject to Rule 4.1-400 (e) and; 42 • The authorized local building official observes and documents the 43 presence of EPA 44 • certification labels on all installed wood burning appliances on the 45 premises, or; 46 1) The authorized local building official observes and documents that only pellet 47 fueled wood 48 2) burning appliances have been installed, or; Conditions of Approval Use Permit, Site Development Permit, and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 4 1 • The Air Pollution Control Officer has issued a statement, in writing, that 2 the project is exempt from this Regulation, or 3 • The Air Pollution Control Officer has issued a statement, in writing, that 4 the project is in compliance with this Regulation. 5 6 23. New Commercial Development Mitigation Recommendations: 7 a. New Road Construction: The District recommends that at a bare minimum 8 all roads be covered with a sealant or rocked to prevent fugitive dust 9 emissions. 10 b. Parking Lot Tree Planting: The District recommends that commercial parking 11 lot tree planting be defined as no less than 1 tree per 4 parking spaces to 12 provide a beneficial reduction in summer heat gain. 13 c. Mass Transit: The District recommends that applicant work in conjunction 14 with the local Transit Authority (MTA) to provide a shelter in addition to the 15 concrete pad so that the benefits and incentives to use mass transit would 16 be immediately available. 17 d. Electric Vehicle Charging: To further mitigate impacts to local air quality, it is 18 recommended that applicant encourage the use of low emission vehicles by 19 providing a minimum of 2, AC Level 2, electric vehicle charging stations. 20 21 Fire Marshal Conditions 22 24. A lighted map directory shall be installed at the Main Street entrance. On director for the 23 North set of apartments and one for the South set of apartments. City Ordinance 5214, 24 Section 505.4. 25 25. All electrical and gas locations shall be labeled according to apartment number. 26 26. Apartment addresses, must be visible from the driveway, or street front the unit. 27 Contrasting colors of letter or numbers shall be required. Ca Fire Code, Sec 505.1. 28 27. Electrical/Utility room located behind on site office shall have entrance door labeled to 29 indicate "Electrical'. Ca Fire Code, 2016 Edition, Sec. 509.1. 30 28. Two on-site fire hydrants shall be required. One at each entrance, Main Street and Norton 31 Street, on either side of the driveway. Appendix C, Ca Fire Code, 2016 edition. 32 29. Type 2-A rated fire extinguishers shall be required as located on the plans provided. 33 Location suggestions can be found on page A2.1 and A2.2 (fire and second floors, 34 respectively). Ca Fire Code, 2016 edition. 35 30. Where access to orwithin a structure or an area is restricted because of a secured opening 36 and "Knox Box" shall be required, and keys shall be placed for emergency fire department 37 operations. Ca Fire Code, Sec. 506. 38 39 Electric Utility Department Conditions 40 31. This property will be served from Under Ground utilities. 41 Developer is to provide EUSERC approved electrical equipment that is to be used in this 42 project. 43 32. All future site improvements shall be submitted to the Electric Department for review and 44 comment. At this time, specific service requirements, service Voltage and developer cost Conditions of Approval Use Permit, Site Development Permit, and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 5 I s and requirements will be determined. 2 33. Developer shall provide projected load calculations to the EUD 3 34. Developer/customer shall incur all costs of this future project (labor, materials, equipment 4 and future services) 5 35. There shall be an easement provided to the EUD for any electric service that transverses 6 through the property, or around any City owned Electric equipment. 7 8 Building Department Conditions 9 36. Submit plans and building permit application. Please submit three complete plan sets, two 10 wet stamped and signed. 11 12 37. The design and construction of all site alterations shall comply with the 2016 California 13 Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical 14 Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24 California 15 Energy Efficiency Standards, 2016 California Green Building Standards Code and City of 16 Ukiah Ordinances and Amendments. 17 18 38. The City of Ukiah Building Division enforces CBC Chapters 11A and 11B for disabled 19 access compliance and does not review ADA. Reference CBC Chapters 11A and 11 B. 20 21 Public Works Conditions 22 23 39. Prior to construction of site improvements, a final grading and drainage plan, and an 24 erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for 25 review and approval by the Department of Public Works. The plan shall include the 26 detailed design of the proposed storm water best management practices (BMPs). 27 Drainage improvements shall be in compliance with the City of Ukiah's Phase I Storm 28 Water Permit and the 2017 Low Impact Development Technical Design Manual (LID 29 Manual). A final Storm Water Low Impact Development Submittal (SWLIDS) and Drainage 30 Report shall be provided to support the design of the proposed drainage system. 31 32 40. Since the project area disturbs greater than one acre, the applicant must obtain a Storm 33 Water Permit from the Regional Water Quality Control Board, prior to construction. The 34 Storm Water Pollution Prevention Plan shall be prepared by a Qualified SWPPP 35 Developer, and implemented by a Qualified SWPPP Practitioner. Also, an Air Quality 36 Permit from the Mendocino County Air Quality Management District will be required. 37 38 41. The project engineer shall provide direct oversight and inspection during project 39 construction, with special attention to implementation of best management practices for 40 sediment and erosion control, and the proper grading, installation, and landscaping of 41 post-construction stormwater BMPs. Upon completion of the work, a report shall be 42 submitted by the project engineer to the Department of Public Works stating that the 43 stormwater BMPs have been completed in accordance with the approved plans, final 44 SWLIDS, and conditions of approval, shall function as intended, and all areas have been 45 permanently stabilized to prevent sediment and erosion. 46 Conditions of Approval Use Permit, Site Development Permit, and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 6 1 42. Maintenance and inspection of all post-construction best management practices (BMPs) 2 are the responsibility of the property owner. In accordance with the LID Manual, a legally 3 binding, signed maintenance agreement approved by the City of Ukiah is required for the 4 proposed stormwater treatment planters and all post-construction BMPs, and shall be 5 recorded prior to final approval of the building permit. 6 7 43. Sidewalk and driveway improvements within the street right-of-way shall meet accessibility 8 requirements. Prior to construction, improvement plans shall be prepared by a Civil 9 Engineer and approved by the Department of Public Works for all improvements within 10 the street rights-of-way. Public sidewalks located outside of the street right-of-way will 11 require a sidewalk easement dedicated to the City. 12 13 44. Street trees shall be spaced approximately every 30' along project street frontages within 14 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard 15 Drawing No 601. Tree types shall be approved by the City Engineer. 16 17 45. Any existing curb, gutter and sidewalk in disrepair adjacent to the subject property shall 18 be repaired. Abandoned driveway approaches and curb openings shall be removed. All 19 work shall be done in conformance with the City of Ukiah Standard Drawings 101 and 102 20 or as directed by the City Engineer. 21 22 46. All work within the public right-of-way shall be performed by a licensed and properly 23 insured contractor. The contractor shall obtain an encroachment permit for work within this 24 area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of 25 estimated construction costs. 26 27 47. All areas of circulation shall be paved with a minimum of 2 of AC on 6 of Base or other 28 suitable all-weather surface approved by the City Engineer. This includes the proposed 29 driveways and parking areas. If heavy truck traffic is anticipated from the solid waste 30 company, delivery trucks, or other heavy vehicles, the pavement section shall be 31 calculated appropriately to ensure that it can withstand the loading. 32 33 48. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and 34 tested, and repaired or replaced if required. If an existing lateral is to be abandoned, it 35 shall be abandoned at the main to the satisfaction of the Public Works Department. Sewer 36 connection fees shall be paid at the time of building permit issuance. 37 38 49. Capital Improvement fees for water service are based on the water meter size. A fee 39 schedule for water meter sizes is available upon request. Additionally, there is a cost for 40 City crews to construct the water main taps for the proposed water services to serve the 41 project. 42 43 50. Irrigation services shall have approved backflow devices. Conditions of Approval Use Permit, Site Development Permit, and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 7 ATTACHMENT 3 Opo f REc4ljgja&Community Development Department SEP 2 t f 300 Seminary Avenue Ukiah, CA 95482 SMDYNG/p. Email: plannincityofukiah.com INN Web: www.cityofukiah.com C i ty of T7k?lz hPhone: (707)463 -6203 (hu ..��m iNEIIIIuo IIII iumuumummmuuuu�muuumuiuiumuuuuuuuuuuuuuums� uuu uww�o�u�umumuuummnnom��mmm�u �,�immouuuuuuuuuuuuuuuumlihu�uom� � Fax: (707)463-6204 Planning Permit Application :�4t= 3ofs_ PROJECT NAME: Main Street Village PROJECT ADDRESSIGROSS STREETS: AP NUMBER(S): 345 Main Street and 215 Norton Street 002-153-04 and 002-153-30 APPLICANTIAuTHORIZED AGENT: PHONE No: FAX,N0: E4ML ADDRESS: Steve Honeycutt, Guillon Inc. 530-624-0178 530-897-6455 Steve@guilloninc.com APPLICANTIAUTI PRIZED AGENT ADDRESS: CITY: STATEMIP: 2550 Lakewest Drive, Suite 50 Chico CA 95927 PROPERTY OWNER IF OTHER THAN APPLICANTIAGENT; PHONE NO: FAx ND: E4mL ADDRESS: City of Ukiah PROPERTY OWNER ADDRESS IF OTHER THAN APPLICANT CITY: STATEIZIP: 300 Seminary Avenue Ukiah CA 95482 HAS YOUR PROJECT RECEIVED A PRELIMINARY RENEW? ❑YES 99 NO ❑AIRPORT LAND USE COMM. S ❑REZONING $ ❑USE PERMIT—AMENDMENT S DETERMINATION 100.0800.611.003 1 W0800.61 1.001 100.0400.449.001 ❑ANNE%ATION S ❑REzoNING—PLANNEoDISTRICT S IBUEPERMIT-MAJOR S 100.0800.611.001 1 W0900.61 1.001 I K0400.449.001 ❑APPEAL S ❑SITE DEVELOPMENT PERMIT— S ❑USE PERMrr—MINOR 100.0400.449.001 AMENDMENT 100.0400.449.001 100.0400.449.001 iiBOUNDARY LINE ADJUSTMENT S 1XXTE DEVELOPMENT PERMIT— S ❑VARIANCE—MAJOR S 100.0800.610.001 hMJoR 100.0400.449.001 100.0400.449.001 ❑GENERAL PLAN AMENDMENT $ ❑SITE DEVELOPMENT PERMIT- S ❑VARIANCE—MINOR S 100.0800.611.001 MINOR 100.0400.449.001 100.0400.449.001 ❑MURAL PERMrr S ❑SPECIFIC/NkSTER PLAN S ❑ZONING AMENDMENT-MAP S 100.0400.449.001 100.0800.611.003 100.0800.611.001 ❑PRELIMINARY REVIEW(PC) S ❑SUBDIVISION ExCEPTION $ ❑ZONING AMENDMENT—TExT S 100.0800.611.003 100.0800.610.001 100.0800.611.001 ❑PRELIMINARY REVIEW{PRC) S ❑TENTATIVE PARCEL MAP (4 OR fi ❑OTHER S 100.0800.611.003 FEWER LOTS) 100.0800.610.001 ❑PRELIMINARY REVIEW(STAFF) S ❑ TENTATIVE SUBDIVISION MAP S ❑OTHER $ 100.0800.611.003 (5 OR MORE Lars)100.0800.610.001 CouNTY CEQA FILING FEE: S MAJOR PERMrrDEPOSIT: S FILING DATE, CHECK PAYABLE TO MENDOCINO CO. COUNTY CEQA(NEG DEC)FEE: S MINOR PERMIT FEE: S TOTAL AMOUNT PAID:$ CHECK PAYABLE TO MENDOCINO CO. COUNTY CEQA(EIR)FEE: S TOTAL FEE: fi RECEIPT NUMBER: CHECK PAYABLE TO MENDOCINO CO. APPLICATION NUMBER(S ): Recommendation: Prior to submitting an application, discless your project vAth Staff to discover what fees (sewer,water, in-lieu park fees,traffic impact fees,etc.) may be required for your project. Also,ask about street tree requirements, required sidewalk repairs, drainage issues, storm water mitigation requirements, frontage improvements,etc. Project Description The purpose of the project description is to assist Staff in understanding the project. Providing complete information will help expedite the project review process and in determining what additional information, if any, related to the project and required environmental review is required. To construct a multi-family project, See attached Project Description for project specifics and details. Environmental Review and Reports Please be aware that projects are required to comply with the California Environmental Quality Act(CEQA). Projects will be reviewed by Staff for compliance with CEQA and Staff will determine the appropriate CEQA document to prepare for the project (exemption, negative declaration, etc.). In order to make this determination, specific reports (traffic,arborist,soils,etc.)and or additional information may be required. Use Information Please provide the following information related to the use of the site and building: Description of Building&Site Parcel Size:34,020 and 19,837.5 s.fI Building Size: Number of Floors: Use of Building(Check all that apply) Description Square Footage Number of Units/Suites n Office(businessiprofessional) n Office(medicalidental) eu Retail c Light Industrial K Residential Multi-Family Hous in 35 Units 28 u/per acr ) o Other: Operating Characteristics Days and Hours of Operation: NA Number of Shifts:NA Days and Wo-urs of Shifts: NA Number of Employees/Shift:NA Loading Facilities: o�Yes aX No Type/Vehicle Size: Deliveries: Type: Number(daytweek/month): Time(s)of Day: o Yes X No NA NA NA Outdoor areas associated with use? Sales area: Unloading of deliveries: Storage: (check all that apply) „:Yes X No u,Yes X No c;'Yes X No o Yes X No Square Foota w Square Foota e: §guare Foota w Noise Generating Use? iIT;Yes cXNo Description: To Be Completed by Staff General Plan Designation: Zoning District: Airport Land Use Designation: City's Architectural&Historic Age of Building: Demolition Policy: Inventory: C)YES No Hillside: Flood Designation FIRM Map: Flood Designation Floodway Map: YES L,Na Tree Policies General Plan Open Space Conservation Community Forest Management Plan o No I°,YEs GoAUP0UCY#: r.o-No YEs GOALIPOLICY#: Landscaping and Streetscape Design Guidelines Commercial Development Design Guidelines o No Q YEs GUIDELINE#:: a No ('3YES GUI01ELINE#: Tree Protection and Enhancement Policy Tree Planting and Maintenance Policy o No 9 YEs NOTES: n No u:wYES NOTES: UCC:Street Tree Policy,Purpose and Intent Other: o No a YEs NOTES; Notes Submittal Requirements 1. Items marked(X)are required for a complete application unless their deletion is approved by staff, 2. Other information may be reguired at the discretion of staff in order to fully evaluate the project and/or to conduct required environmental review for the project. 3. Please review the application packet prior to submittal to the City.Application packets that do not include the required materials may not be accepted for processing or may be deemed"Incomplete! Application Type Submittal Document LLA GPA PRELIM REZ REZ•PD SDP TPM TSM UP VAR Project X X X X X X X X X X Description Building X X X X X Elevations 1 Floor Plan X X X X X Grading and X X X X Drainage Plan and SUSMP 7 Landscape Plan X X X X (2) CONCEPT Site Plan(3) X X X X X X X X Details— X Architectural Details—Fence X X X Details—Sign X X X Site Contours(4) X X X X Street Sections X X Tentative Map(6) X X Preliminary X X X X Title Report Colors R Materials X X X Board CONCEPT Number of Plan Sets-Initial Submittal 5 (1) Building Elevations.Drawing must include all elevations(front,rear,and sides)and identify materials and colors,One set of colored drawings is required. (2) Landscape Plan.Plan must show all proposed trees,shrubs,and ground covers.Location,size and spades must be indicated. (3) Slte Plan.Must be prepared to scale and include:a north arrow,all property lines,adjoining streets,creeks,ponds,drainage ditches, existing curb,gutter,and sidewalk,existing and proposed buildings(with square footage noted),parking spaces,all existing trees,existing and proposed fences,buildings on adjacent parcels,existing fire hydrants within 600-feet,access and utility easements(with widths),location an d Odth of all easements(access,drainage,utility,etc.) location of existing and proposed trash enclosures,and the percentage of average slope of the property.Site contours may also be required(see table above). (4) Site Contours.When required,site contours should be indicated on the site plan and grading plan.A separate site contour pian is not required. (5) Staff will determine the number of plans needed for the initial submittal.Onoe the application is complete,the number of plans sets required for the public hearing will be determined by staff.Plans are required to be provided prior to the hearing. (6) See Minor Subdivision Submittal Requirements or Major Subdivision Submittal Requirements handout for Tentative Map requirements. (7) SUSMP-Standard Urban Storm Water Mitigation Plan--Required unless specifically exempt(Consult with Public Works Staff] BLA-Boundary Line Adjustment GPA-General Plan Amendment Prelim-Preliminary Review REZ--Rezoning REZ-PD-Rezoning to Planned Development SDP-Site Development Pen it TPM-Tentative Parcel Map/Minor Subdivision TSM-Tentative Subdivision Map/Moor Subdivision UP-Use Permit VAR-Variance I, owner authorize Guillon Inc, to act on my behalf for this project and I have read and agree with all of the above.(Application must be signed by owner). PROP TY W SIGNATURE DATE I, , am the ❑owner / ❑ authorized agent of the property for which the development is proposed.The above information and attached documents are true and accurate to the best of my knowledge. I have read and agree with all of the above. I hereby authorize employees of the City of Ukiah, the City's authorized agents, and persons with review or decision making authority for the project to enter upon the subject property, as necessary, to inspect the premises, post notices,and process this application. I understand that conditions of approval may be placed on my project by the city of Ukiah and it is my responsibility to fully understand the conditions and ask questions about them before action is taken on my planning permit. ❑OWNER / MAUTHORIZED AGENT DATE INDEMNIFICATION AGREEMENT As part of this application,the applicant agrees to defend,indemnify,and hold harmless the City of Ukiah, its agents, officers,council members,employees, boards, commissions or Council from any claim,action or proceeding brought against any of the foregoing n individuals or entities,the purpose of which is to attack,set aside,void, or annul any approval of the application or related decision, or the adoption or certification of any environmental documents or negative declaration which relates to its approval. This indemnification shall include, but is not limited to, all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of it or in connection with the approval of the application or related decision,whether or not there is concurrent, passive, or active negligence on the part of the City, its agents, officers, council members, employees, boards, commissions of Council. If for any reason, any portion of this indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. The City of Ukiah shall have the right to appear and defend its interests in any action through its City Attorney or outside counsel. The applicant shall not be required to reimburse the City for attorney's fees incurred by the City Attorney of the City's outside counsel if the City chooses to appear and defend itself in the litigation. I have read and agree to all of the above. -,,-Steve Hol 'ycuti,r. Guidicin fnr. � r .... ............. 13PROPERTY OWNER / ®AUTHORIZf AGEN (PLEASE PRIM NAME) m 13PROPERTY OWNER / 09AUTHORIZED AGENT DATE (SIGNATURE) Revised 02/09/2016 I, owner authorize Guillon Inc. to act on my behalf for this project and I have read and agree with all of the above.(Application must be signed by owner). PROPERTY OWNER SIGNATURE DATE I. C ,am the Downer 1 rauthorized agent of the property for which the development is proposed.The above information and attached documents are true and accurate to the best of my knowledge. I have read and agree with all of the above. I hereby authorize employees of the City of Ukiah, the City's authorized agents, and persons with review or decision making authority for the project to enter upon the subject property, as necessary, to inspect the premises, post notices,and process this application. I understand that conditions of approval may be placed on my project by the city of Ukiah and it is my responsibility to fully understand the conditions and ask questions about them before action is taken on my planning permit. O / ❑ NER / bTHORIZED AGENT DATE INDEMNIFICATION AGREEMENT As part of this application,the applicant agrees to defend,indemnify, and hold harmless the City of Ukiah,its agents, officers,council members,employees, boards, commissions or Council from any claim, action or proceeding brought against any of the foregoing n individuals or entities, the purpose of which is to attack, set aside,void, or annul any approval of the application or related decision, or the adoption or certification of any environmental documents or negative declaration which relates to its approval. This indemnification shall include, but is not limited to, all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of it or in connection with the approval of the application or related decision,whether or not there is concurrent, passive, or active negligence on the part of the City, its agents, officers, council members, employees, boards, commissions of Council. If for any reason, any portion of this indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. The City of Ukiah shall have the right to appear and defend its interests in any action through its City Attorney or outside counsel. The applicant shall not be required to reimburse the City for attorney's fees incurred by the City Attorney of the City's outside counsel if the City chooses to appear and defend itself in the litigation. I have read and agree to all of the above. •i, to ❑PROPERTY OWNER / ®AUTHORIZED AGENT (PLEASE PRINT NAME) 0 PROPERTY OWNER / MAUTHORIZED AGENT DATE (SIGNATURE) Revised 02/09/2016 Main Street Village Project Description 345 N Main St. &215 Norton St., Ukiah APNs 002-153-30 and 002-153-04 Project The proposal is to construct a 35-unit multi-family housing complex on 1.21 acres which equals to 28.9 units per acre. However, on May 2, 2018 Ordinance No. 1189, Ordinance of The City Council of the City of Ukiah Amending Various Sections of Chapter 2, Division 9 of The Ukiah City Code to Set Forth in Greater Detail the Procedure for Calculating Residential Density, was adopted which allows measuring the area of a given parcel to the centerline of streets or other public rights of way which are contiguous to the property lines of the parcel for the purpose of calculating residential density. Therefore, the total parcel size for calculating density is 1.33 acres, allowing up to 37 units on-site. The project includes the construction of two separate structures, one a 19-unit structure which will also contain a manager's office, storage and secure indoor bicycle storage. The second structure is a 16-unit building. All units are 2-bedroom 1-bath. The site will be accessible by two vehicle entrances, one from North Main Street and the second from Norton Street and a pedestrian walkway that will connect to both streets through the project site. A total of 55 vehicle parking stalls are proposed while a total of 32 bicycle parking stalls are proposed (12 outdoor and 20 indoor). Landscaping is provided throughout the site with a wide combination of ground cover, shrubs and trees. A large grass area will be installed at the southeastern corner of the site, which will give the tenants access to open space, BB(Xs, benches and recreational opportunities. Project Setting The subject project consists of two contiguous parcels, 345 North Main Street(APN 002-153-30) and 215 Norton Street (APN 002-153-04). The City is in the process of merger these two parcels. At one time,the site was developed with a mobile home park (Uptown Trailer Court) and a single-family residence. The mobile home park has been removed while the single-family residence is currently vacant and will be demolished as part of this project. The parcel fronting onto Main Street is zoned C-1, while the parcel fronting onto Norton Street is zoned R3 with the project site is surrounded by the following uses: ■ North: A multi-family apartment structure, Norton Street and additional single and multi- family structures all located within the R3 zoning district. ■ South: Circle Trailer Park, single-family residential structures located in the C1 zoning district. ■ West: Main Street, ADCO Sheet Metal along with a mix of multi-family housing all located within the C1 zoning district. ■ East: Single-family located in the R3 zoning district and multi-family housing located in both the R3 and C1 zoning district. Ukiah Airport Master Plan Approximately one-half of the project site (southern) in is located within the B2 —Airport Compatibility Zone(Extended Approach/Departure zone),while the remaining land (northern) is not located within any compatibility zone. Land Uses within the B2 Zone are regulated by Chapter 7 of the Ukiah Municipal Airport Master Plan,which provides policies and criteria for types and intensity of land uses in each zone. The B2 Compatibility Zone north of the airport largely encompasses existing development with some vacant lands. Pursuant to Infill Policy (Policy 2.1.6) new residential development projects should not exceed 28 dwelling units per acre. In this case, the proposal is to construct a 35-unit multi-family apartment project on a site that is 1.33 acres, which results in a net density of 26 units per acre, with approximately half of the site within the B2 zone The B2 Compatibility Zone also recommends that 30-percent of the project site be open space. As proposed the site currently has 71-percent dedicated to open space (landscape, driveways, parking etc.). The structures are at a height of 26-feet 2-inches, which is below the height limitation of the C1 requirement of 50-feet and below the R3 requirement of 40-feet height limitation and below the B2 Zone height limitation of 70-feet noted in the Airport Master Plan.Therefore,the project complies of the Ukiah Municipal Airport Master Plan and the B2 Compatibility Zone. Architecture The proposal includes two two-story buildings with exterior finishes consisting of horizontal lap siding, stucco, corrugated metal. Colors consist of rich brown (Otter) for the stucco, a cream (Cobble Stone) for the lap siding and a warm red (Colonial Red) and rich grey(Slate Grey)for the corrugated metal. Trim for both buildings will be an off white (Oyster White). Interest is brought to the structure through the introduction of the different finish materials and colors, as well as details in the gable ends, gable vents, window pergolas Structural details are within the gable ends. Balconies are proposed for all units and will have a black powder coated metal railing. Parking Ukiah Municipal Code requires 2 stalls for every dwelling unit while Ukiah Municipal Code (UMC) while Section 9199.13 allows for a vehicle parking reduction of 2 stalls, per parcel when there is a ratio of 5 bicycle stalls for every vehicle stall. In this case, a total of 68(70 required, with a 2 stall reduction) parking stalls would be required. The site plan indicates a total of 55 parking stalls both compact and standard in size. Pursuant to UMC Section 9051.F, relief from parking requires may be approved through the discretionary preview process. In this case, the applicant is requesting a reduction of 13 stalls. Ukiah Municipal Code requires that the number of bicycles stalls be equal to 10 percent of the total of vehicle parking stalls, which equals to 6 bicycle stalls. The applicant is proposing 6 bicycle racks outside, which can accommodate 2 bicycles each, which will be placed throughout the project and near the entrances to the units. The proposal also includes an indoor bicycle storage area which will be secured by a locked door that is accessible only to the tenants. The indoor bicycle storage can accommodate 20 additional bicycles, bringing the total bicycle parking to 32, exceeding code requirements. Landscaping Landscaping makes up 22-percent of the site and will consist of a mixture of trees, shrubs, ground cover and field boulders. Along Main Street,two bio-swells will be installed to capture surface water runoff and meet Low Impact Development (LID) standards. Bio-swells will have Purple Needlegrass, which is California's state grass. Shade trees are provided through parking lot and consist of Ginko, Crape Myrtle and October Glory Red Maple, which are noted on the Ukiah Parking Lot tree list. The selected trees bring a variety of seasonal colors and interest to the site. Parking lot shade is noted at 62%, exceeding requirements. Ground cover and shrubs also provide interest and texture to the site which provide additional aesthetic value. Lighting Lighting will be placed within the parking lot and near the entrances of the units. Parking lot light fixtures will be at a pedestrian scale, no taller than 20-feet. The proposed lights are of a shoe-box design with LED luminaires. Additional lights will be placed at the front entrances of the units. All lights are night sky compliant with full shields and directed downward. General Plan The proposal meets several goals and policies that are noted in the General Plan as described in the below: Goal/Policy Number Consistency Determination Goal/Policy Text Goal ED-1: Support a strong local economy. Having a strong local economy is based on a balance of housing, employment and education opportunities, meeting social needs and creating a well-balanced community. Policy ED 1.1:Take steps to reinforce the valley's Providing housing for all segments of the economy. population will aid in reinforcing the valley's economy in that it will provide short term construction related benefits, longterm housing opportunities and increase property taxes. Implementation Measure CD-9.2(a): Require The proposal is surrounded by a mix of that new building designs be complementary to residential and commercial structures. Many of the overall character of the neighborhood in which are in the same size and scale as the which a project is located. project. Policy GP-29.3: Promote public transportation, The project site is located in the central part of services within walking distances in Ukiah and has several bus stops within walking neighborhoods, and any other feasible means of distance. The site is also within walking distance preventing needless vehicle use and pollution. to a Class I bicycle path which leads to several major employment centers, goods, services and Downtown. Goal CT-1: Consider all types of circulation and The proposal includes adequate vehicle parking transportation issues in land use decisions while also providing bicycle parking that exceeds the required ratio with indoor and outdoor bicycle parking. Bicycle parking is placed throughout the project site in secure, visible and well-lit locations. Goal CT-2: Maximize the use of existing streets The project utilizes the existing street pattern and circulation patterns. and is designed to allow vehicle access from two different frontages. Policy CT-2.2: Encourage development along The proposal is located within a portion of town existing roads with available capacity and that would encourage tenants to walk and bike to appropriate zoning prior to locating development nearby facilities and has access to goods and in areas which require new transportation services beyond walking and biking distances due facilities. to the two transit stops along Main Street. Goal CT-3: Design new development and The development is in an area that is currently redevelopment projects to be as accessible by served by mass transit, is located to major foot, bicycle and transit as they are by auto. employment centers and is walkable and bicycle friendly. Policy CT-3.1: New development and The project exceeds the bicycle parking standards Redevelopment projects shall specifically include found in the municipal code.The proposal also plans for pedestrian facilities, bike lanes, bike includes secure bicycle parking that are placed racks and transit stops. throughout the project so that all tenants and guest have easy access and creates a secure environment. Goal H-1:Conserve, rehabilitate, and improve the The proposal includes 35 dwelling units in the existing housing stock to provide adequate, safe, center of Ukiah.The California Building Code will energy efficient, and decent housing for all Ukiah require the structure to be built to specific residents. energy efficient standards and thresholds. The Building Code will also ensure that the structure is safe and adequate for occupancy. Goal H-2: Provide housing for all economic The proposal will provide 35 market rate units. segments of the community. Goal H-4: Promote well planned and designed The proposal will provide 35 market rate units. housing opportunities for all persons regardless of race, gender, age, sexual orientation, marital status or national origin. Goal H-5: Use land effectively to meet housing The project is in the center of town, on parcels needs and to implement smart growth, green that are considered infill and surrounded by building, and sustainable development policies urban uses.The site is currently under developed with a focus on infill development. with most of the site being vacant. H-5.1: Housing Design:Assure that new housing The subject site is located in an area mixed with is well-designed to enhance Ukiah's residential and commercial uses,with a variety of neighborhoods and the community as a whole. building heights and styles. The design has a variety of finished materials and details to add interest. C H-5.6: Infill Development. Support careful well- The project site is approximately 1.21 acres designed infill housing development in areas within the core of the city, meeting the definition currently served by City services. of infill development. H-5.7: Sustainable Development. Encourage and The project is subject to Low Impact support sustainable site planning and Development (LID)which requires the development. management of stormwater runoff as part of green infrastructure.The California Building Code will ensure each structure is built with energy efficiency standards. Landscaping will be installed with drip bubblers, timers and mulch to minimize water usage. Shade trees will be provided within the project to minimize the urban heat island effect. Implementation Measure H-5.a:Apply the CEQA The proposal meets CEQA Infill Exemption 15332 Infill Exemption when possible and perform in that the site does not contain any habitat, is on expedited review for well designed, compact projects using green and sustainable design and a site less than 5 acres, substantially surrounded building techniques. and can be served by existing utilities. Implementation Measure H-5.h: Promote The project will have to meet the Low Impact stormwater management systems for mutli- Development (LID),which require the family housing developments that have multiple management of stormwater runoff as part of benefits such as bio-swales to reduce green infrastructure. LID emphasizes downstream flooding, contamination of streams conservation and use of on-site natural features and rivers,fire hazard, and irrigation needs and to protect water quality. to distribute stormwater and recharge groundwater. Implementation Measure H-5.j:Work with The proposal is within an existing neighborhood developers to create residential neighborhoods that contains both residential and commercial with mixed housing densities, types, and housing uses. The project contains open space areas to affordability levels that promote human promote tenant interactions and a welcoming interaction, neighborhood-scale services and environment. The site is well situated in that it is facilities, safety, and connectivity to schools, walkable to a variety of facilities, employment, neighborhoods, and commerce. goods and services. Sidewalks within the project connect to the public right of way. 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LL q Q LL/ J LU ID I I 1 \ In' � jl - � ® � ✓moi 1 i _ ___ O W VA _ ++ _ _ice _ _ N -. ------------- o U 1��b11S Nlb W ——-- y< ` z �I -- ^-- - — ------------- Lu ' T— — O F- _ �c ccs;, 1 ... ......... ........1 .........� ........ ......., 0 6" CURB ACTS AS WHEEL STOP IE = w Q J z Y LL W D U cu Ll < w O 00- I a � 0- Uz � � � z � � a 9'-0" PARKING SPACE WIDTH ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ G S m 'm uuu uuu uuuuuuuuuuuuuui AD LED Catalog ■ Number LED Area Luminaire Nates 44 � 7�`o` NIGHTTIME �+ FRIENDLY Specifications � 's aIlaalf lle IIIuiiiunlilinalilupe EPA: 11 rn�1 n') ra�� This item is an A+capable luminaire,which has been 17-1/2" Length- designed and tested to provide consistent color (KK S crn) 9 T appearance and system-level interoperability. Width: 17-1/2" H • All configurations of this luminaire meet the Acuity (44 s,m) Brands'specification for chromatic consistency " Height: 7-1/8 EL 11 (18.1 crn) • This luminaire is A+ Certified when ordered with DTL" 36lbs.Weight L controls marked by a shaded background. DTL DLL (max): (164kc7) equipped luminaires meet the A+specification for luminaire to photocontrol interoperability1 • This luminaire is part of an A+Certified solution for ROAM02 or XPointTM Wireless control networks, providing out-of-the-box control compatibility with simple commissioning,when ordered with drivers and control options marked by a shaded background' To learn more about A+, visit www.acuitybrands.corrm/aplus. 1. See ordering tree for details. 2.A+ Certified Solutions for ROAM require the order of one ROAM node per luminaire. Sold Separately: Link to Roam; Link to DTL DLL A+Capable options indicated by this color background. EXAMPLE: KAD LED 40C 1000 40K R5 MVOLT SPD04 DDBXD KAD LED i i KAD LED 20C20 LEDs 530 530 nnA' 30K 3000 K R2 Type II MVOLT 277 Shipped included Shipped separately 30C' 30 LEDs 700 700 nnA 40K 4000 K R3 Type III 1201 347 SPUMBAK__ Square pole universal mounting adaptor" 04 4"arm DAD12P Degree arm 40C 40 LEDs 1000 1000 nnA 50K 5000 K R4 Type IV 2081 480, RPUMBAK_ Round pole universal mounting adaptor" 06 6"arm (pole) 60C 60 LEDs R5 Type 2401 SPD__ Square pole 09 9"arm I DAD12WB Degreearm RPD_ Round pole 12 12"arm 3 (wall) WBD Wall bracket KMA Mast arm external WWDWoodpoleorwall fitter i r, i i Shipped installed Shipped separately" DDBXD Dark bronze DDBTXD Textured dark PERS NEMAtwist-lock five-wire receptacle only PIR1FC3V Bi-level,motion/ambient sensor, PNMTDD3 Part night,dim till WG Wire guard DBLXD Black bronze (no controls)I 8-15'mounting height,ambient dawn'1° DNAXD Natural DBLBXD Textured black PERT Seven-wire receptacle only(no controls) sensorenabledat1fC PNMT5D3 Pa rt night,dim 5 aluminum DNATXD Textured natural SF Single fuse(120,277,347V) PIRH1FC3V Bi-level,motion/ambient sensor, hrs'1° DWHXD White aluminum 15-30'mounting height,ambi- PNMT6D3 Part night,dim 6 DWHGXD Textured white DF Double fuse(208,240,480V) entsensorenabledat1fc° hrs'1° PIR Bi-level,motion/ambient sensor,8-15'mounting BL30 Bi-level switched dimming, PNMT7D3 Pa rt night,dim 7 height,ambient sensor enabled at5fc'' 30%' ' hrs' PIRH Bi-level,motion/ambient sensor,15-30'mounting BL50 Bi-level switched dimming, HS Housesideshield" height,ambient sensor enabled at5'fc°' 50%'rs ljjji11°;VL,ppIII,IIWII°IVlVll'ilWl iuullll One Llthonla Way • Conyers,Georgia 30012 • Phone:800.279.8041 BADLED "� ell ll' Illi Ir,VIIIII6',IIIIVI°ipV�iVllliVlllli! uli II�"'R Z2012 2017 Acuity Brands Lighting,Inc. All rights reserved. Rev.0210'7117 „,,,,,,, NOTES Stock configurations are offered for shorter lead times: ACCeSSOreeS 1 20C or 30C LED are not available with 530 Drive Current and 347V Orvdorvod arvd shlppod separately. or480V DLL727F 1.51U Photocell-SSLtwist-lock(120-277V) 2 MVOLT driver operates on any line voltage from 120-277V(50/60 Hz). DLL347F 1.5 CUL lU Photocell-SSLtwist-lock(347V)12 Single fuse(SF)requires 120,277 or 347 voltage option.Double fuse (DF)requires 208,240 or 480 voltage option. KAD LED 30C 1000 40K R3 MVOLT PUMBAK09 DDBXD* KADL 30C 40K R3 DLL480F 1.5 CUL JU Photocell-SSLtwist-lock(480V)12 3 9”or 12"arm is required when two or more luminaires are oriented DSHORT SBK U Shorting cap's on a 90°drilling pattern. KAD LED 30C 1000 40K RS MVOLT PUMBAK09 DDBXD" KADL 30C 40K RS KADLEDHS 20C U Houseside shield for 20 LED unit 4 Available as a separate combination accessory:PUMBAK(finish)U. 5 Mounting must be restricted to±45°from horizontal aim per ANSI KAD LED 40C 1000 40K R3 MVOLT PUMBAK09 DDBXD* KADL 40C 40K R3 KADLEDHS 30C U Houseside shield for 30 LED unit C136.10-2010.Not available with motion sensor. KAD LED 40C100040KIRS MVOLT PUMBAK09DDBXD* KADL 40C40KIRS KADLEDHS 40CU Houseside shield for40 LED unit 6 PIR and PIR1 FC3V specify the "control; KADLEDHS 60CU Houseside shield for 60 LED unit PIRH and PIRH1FC3Vspecify the control; KAD LED 30C 1000 40K R3 MVOLT PUMBAK09 PIRH DDBXD* KADL 30C 40K R3 PIRHsee , for details.Dimming driver KMADDBXD U Mast arm adapter(specifyfinish) standard Not available with PER5 or PERT Separate on/off require. KAD LED 30C 1000 40K RS MVOLT PUMBAK09 PIRH DDBXD* KADL 30C 40K RS PIRH KADWG U Wire guard accessory 7 Maximum ambient temperature with 347V or 480V is 30°C. PUMBAK DDBXD U* Square and round pole universal mount- 8 Requires an additional switched circuit with same phase as main KAD LED 40C 1000 40K R3 MVOLT PUMBAK09 PIRH DDBXD* KADL 40C 40K R3 PIRH ing bracket adaptor(specifyfinish) luminaire power.Supply circuit and control circuit are required to be in the same phase. KAD LED 40C 1000 40K RS MVOLT PUMBAK09 PIRH DDBXD" KADL 40C 40K RS PIRH For more control options,visit and '"online. 9 Dimming driver standard.MVOLT only.Not available with 347V,48OV, PER5,PERT or PNMT options. "PUMBAK is not standard nomenclature. *Round pole top must be 3.25"O.D.minimum. 10 Dimming driver standard.MVOLT only.Not available with 347V,48OV, PER5,PERT,BL30 or BL50. 11 Also available as a separate accessory;see Accessories information. 12 Requires luminaire to be specified with PER option.Ordered and shipped as a separate line item from Acuity Brands Controls. ", per„pl ata.,#5 Top of Pole Tenon Mounting Slipfitter** 9/16-- Dia. (3PLcs) 2-3/8" T20-190 T20-280 T20-290 T20-320' T20-390 T20-490 2-7/8" T25-190 T25-280 T25-290 T25-320 T25-390 T25-490 s 4" T35-190 T35-280 T35-290 T35-320 T35-390 T35-490 For roundpole mounting(RPDXX)only. t Requires 9"or 72"arm. 2-1/B" /1 �Jjji P° 11°;Vf,ppIII,IIWII° f VlVll'ilWl iuullll One Llthonla Way • Conyers,Georgia 30012 • Phone:800.279.8041 KADLED "� elllllli J11=1111111,11111111,VVIIII',IIIIIII°'ipV1 iVIII11VlllliV II�"'V Z2012 2017 Acuity Brands Lighting,Inc. All rights reserved. Rev.02/0'7/17 IcH i#5 Top of Pole Tenon Mounting Slipfitter** 9/16" (3PLcs) 2-3/8" T20-190 T20-280 T20-290 T20-320' T20-390 T20-490 2-7/8" T25-190 T25-280 T25-290 T25-320 T25-390 T25-490 2-1/B" 4" T35-190 T35-280 T35-290 T35-320 T35-390 T35-490 For roundpole mounting(RPDXX)only. t Requires 9"or 72"arm. 2-1/B" Lumen Output Lumen values are from photometric tests performed in accordance with IESNA LM-79-08.Data is considered to be representative of the configurations shown,within the tolerances allowed by Lighting Facts. Contact factory for performance data on any configurations not shown here. 0 0 0 0 / / R2 4,140 1 0 1 118 4,446 1 0 1 127 4,473 1 0 1 128 ............................................................................................................................................................................................................................................................................................................... R3 4,123 1 0 1 118 4,427 1 0 1 126 4,455 1 0 1 127 530 mA 35W ................................................................................................................................................................................................................................................................................................................. R4 4,128 1 0 1 118 4,433 1 0 1 127 4,460 1 0 1 127 ................................................................................................................................................................................................................................................................................................... RS 4,381 2 0 1 125 4,704 3 0 1 134 4,734 3 0 1 135 ......................................................................................................................................................................................................................................................................................................................................................................... R2 5,271 1 0 1 117 5,660 1 0 1 126 5,696 1 0 2 127 ............................................................................................................................................................................................................................................................................................. R3 5,250 1 0 2 117 5,637 1 0 2 125 5,672 1 0 2 126 20C 700 mA 45W R4 5,256 1 0 2 117 5,644 1 0 2 125 5,679 1 0 2 126 ..................................................................................................................................................................................................................................................................................................... RS 5,578 3 0 1 124 5,990 3 0 1 133 6,027 3 0 1 134 ............................................................................................................................................................................................................................................................................................................................................................................................ R2 7,344 1 0 2 101 7,886 2 0 2 108 7,935 2 0 2 109 .................................................................................................................................................................................................................................................................................................... 1000 mA 73W R3 7,314 1 0 2 100 7,854 1 0 2 108 7,903 1 0 2 108 R4 7,322 1 0 2 100 7,863 1 0 2 108 7,912 1 0 2 108 ................................................................................................................................................................................................................................................................................................................... RS 7,771 3 0 1 106 8,345 3 0 1 114 8,397 3 0 1 115 ....................................................................................................................................................................................................................................................................................................................................................................................................................... R2 6,166 1 0 2 116 6,621 1 0 2 125 6,663 1 0 2 126 ........................................................................................................................................................................................................................................................................................... R3 6,141 1 0 2 116 6,594 1 0 2 124 6,635 1 0 2 125 530 mA 53W R4 6,148 1 0 2 116 6,602 1 0 2 125 6,643 1 0 2 125 ..................................................................................................................................................................................................................................................................................................... RS 6,525 3 0 1 123 7,006 3 0 1 132 7,050 3 0 1 133 ............................................................................................................................................................................................................................................................................................................................................................................................... R2 7,817 2 0 2 113 8,395 2 0 2 122 8,447 2 0 2 122 ................................................................................................................................................................................................................................................................................................................. R3 30C700 mA 69W .............................................................................................................................................................................................................................................................................7,785 1 0 2 113 8,360 2 0 2 121 8,412 2 0 2 122....................... R4 7,794 1 0 2 113 8,370 1 0 2 121 8,422 1 0 2 122 .................................................................................................................................................................................................................................................................................................................. RS 8,272 3 0 2 120 8,883 3 0 2 129 8,938 3 0 2 130 ...................................................................................................................................................................................................................................................................................................................................................................... R2 10,755 2 0 2 100 11,549 2 0 2 107 11,621 2 0 2 108 ...................................................................................................................................................................................................................................................................................................... 1000 mA 108W R3 10,711 2 0 2 99 11,502 2 0 2 106 11,574 2 0 2 107 R4 10,724 2 0 2 99 11,515 2 0 2 107 11,587 2 0 2 107 ............................................................................................................................................................................................................................................................................................... RS 11,381 3 0 2 105 12,221 4 0 2 113 12,297 4 0 2 114 ....................................................................................................................................................................................................................................................................................................................................................................................................................... R2 8,156 2 0 2 115 8,758 2 0 2 123 8,812 2 0 2 124 ............................................................................................................................................................................................................................................................................................................... 530 mA 71WR3 8,122 2 0 2 114 8,722 2 0 2 123 8,776 2 0 2 124................................................................................................................................................................................................................................................................................................................. R4 8,132 1 0 2 115 8,732 1 0 2 123 8,786 1 0 2 124 .......................................................................................................................................................................................................................................................................................................... RS 8,630 3 0 2 122 9,267 3 0 2 131 9,325 3 0 2 131 ............................................................................................................................................................................................................................................................................................................................................................................. R2 10,286 2 0 2 109 11,045 2 0 2 118 11,114 2 0 2 118 ................................................................................................................................................................................................................................................................................................. R3 10,244 2 0 2 109 11,000 2 0 2 117 11,069 2 0 2 118 40C700 mA 94W ............................................................................................................................................................................................................................................................................................... R4 10,256 2 0 2 109 11,013 2 0 2 117 11,081 2 0 2 118 ....................................................................................................................................................................................................................................................................................................... RS 10,884 3 0 2 116 11,688 4 0 2 124 11,761 4 0 2 125 .............................................................................................................................................................................................................................................................................................................................................................................................. R2 13,923 2 0 2 99 14,951 2 0 2 106 15,045 2 0 2 107 .................................................................................................................................................................................................................................................................................................... 1000 mA 141 W R3 13,866 2 0 3 98 14,890 2 0 3 106 14,983 2 0 3 106 R4 13,882 2 0 3 98 14,907 2 0 3 106 15,000 2 0 3 106 ................................................................................................................................................................................................................................................................................................................... RS 14,733 4 0 2 104 15,821 4 0 2 112 15,920 4 0 2 113 .......................................................................................................................................................................................................................................................................................................................................................................................................................... R2 11,996 2 0 2 116 12,882 2 0 2 125 12,963 2 0 2 126 ............................................................................................................................................................................................................................................................................................... R3 11,947 2 0 2 116 12,829 2 0 2 125 12,909 2 0 2 125 530 mA 103W R4 11,961 2 0 2 116 12,844 2 0 2 125 12,925 2 0 2 125 .................................................................................................................................................................................................................................................................................................... RS 12,694 4 0 2 123 13,632 4 0 2 132 13,717 4 0 2 133 ................................................................................................................................................................................................................................................................................................................................................................................ R2 14,927 2 0 2 109 16,029 3 0 3 117 16,130 3 0 3 118 ............................................................................................................................................................................................................................................................................................................... 60C700 mA 137WR3 14,866 2 0 3 109 15,964 2 0 3 117 16,063 2 0 3 117................................................................................................................................................................................................................................................................................................................. R4 14,884 2 0 3 109 15,982 2 0 3 117 16,082 2 0 3 117 ................................................................................................................................................................................................................................................................................................... RS 15,796 4 0 2 115 16,962 4 0 2 124 17,068 4 0 2 125 ......................................................................................................................................................................................................................................................................................................................................................................... R2 19,328 3 0 3 89 20,754 3 0 3 96 20,884 3 0 3 97 ...........................................................................................................................................................................................................................................M............................... R3 19,248 3 0 3 89 20,669 3 0 4 96 20,799 34 96 1000 mA 216W ........3 0 3 89 20,693 3 0 4 96 20,823 34 96 RS20452 ......4...... 029521962402102220994 .2............1.02........ P° 11°;Vf,ppIII,IIWII° fVIVI I'ilWl iuullll One Llthonla Way • Conyers,Georgia 30012 • Phone:800.279.8041 • BADLED "�� ell ll' Illi Ir,VIIIII6',IIIIVI°ipV�iVllliVlllli! uli II�"'R Z2012 2017 Acuity Brands Lighting,Inc. All rights reserved. Rev.0210'7117 Lumen Ambient Temperature(LAT) Multipliers Electrical Load factorsUse these 104°F),termine relative lumen output for average ambient temperatures from 0-400C(32 iii 208 240 277 347 480 OAC 32�F 1.0.2 �/%%/%//��%�� 10OC 50OF 1.01530 35 0.30 0.18 0.16 0.15 - - 200C 680F 1.00 20 700 45 0.39 0.23 0.20 0.18 0.15 0.12 250C 770F 1.00 1000 73 0.61 0.35 0.31 0.27 0.22 0.17 300C 860F 1.00 530 53 0.44 0.26 0.23 0.20 - - 400C 1040F 0.99 30 700 69 0.58 0.34 0.29 0.26 0.21 0.16 1000 108 0.90 0.52 0.46 0.40 0.32 0.24 530 71 0.60 0.35 0.32 0.29 0.21 0.16 Projected LED Lumen Maintenance 40 700 94 0.79 0.46 0.41 0.36 0.27 0.20 Data references the extrapolated performance projections for the KAD LED platform in 1000 141 1.18 0.68 0.59 0.52 0.42 0.30 a 25°C ambient,based on 10,000 hours of LED testing(tested per IESNA LM-80-08 and 530 103 0.87 0.50 0.44 0.39 0.29 0.22 projected per I ESNA TM-21-11). 60 700 137 1.15 0.66 0.58 0.51 0.40 0.29 To calculate LLF,use the lumen maintenance factor that corresponds to the desired number 1000 216 131 1.04 0.92 0.81 0.63 0.47 of o erating hours below.For other lumen maintenance values,contact factory. NOTE:All ratings in this table are for a nominal system operated at 25°C ambient --�� 0 25,000 50,000 700,000 temperature. Current and power specifications in this table do not include branch circuit �/xixirJaa�°wli �OO°U derating specified in the National Electrical Code.Please observe all applicable electrical KAD LED 60C 1000 codes and ratings. 1.0 0.91 0.86 0.76 KAD LED 40C 1000 1.0 0.93 0.88 0.79 KAD:,LED 64C70� 1.0 0.98 97 0.94 To see complete photometric reports or download.ies files for this product,visit Lithonia Lighting's a Isofootcandle plots for the KAD LED 60C 1000 40K.Distances are in units of mounting height(20'). LEGEND 4 3 2 1 0 1 2 3 4 4 3 2 1 0 1 2 3 4 4 3 2 1 0 1 2 3 4 4 3 2 1 0 1 2 3 4 4 4 4 4- 0.1 fc 3 3 3 3 O """"^ 0.5 fc z z / ".. z " y. �(I 2.. '^w qp 1.0 fc -�,% o ..a_.^ .... ? o pt . o.. �I .,.m. v � t z t�., �., zz z � K 3 3 ., 3 ..,.. ......, 3- R2 R3 R4 v RS " FEATURES&SPECIFICATIONS INTENDED USE INSTALLATION The energy savings and long life of the KAD LED area luminaire make it a reliable choice for Included universal mounting block and extruded-aluminum arm facilitate quick and easy illuminating streets,walkways,parking lots,and surrounding areas. installation using nearly any existing drilling pattern.Stainless steel bolts fasten the luminaire CONSTRUCTION to the mounting block securing it to poles or walls. The KAD LED can withstand up to a 1.5 Ci vibration load rating per ANSI C136.31.The KAD LED also utilizes the standard K-Series Singlepiecedie-cast,aluminum housing with contoured edges has a 0.12"nominal wall thickness. (Template#5)for pole drilling. Die-cast door frame has an impact resistant,tempered glass lens that is fully gasketed with one piece tubular silicone. LISTINGS CSA certified to U.S.and Canadian standards.Luminaire is IP65 rated.Rated for-40°C FINISH minimum ambient. Exterior parts are protected by a zinc-infused Super Durable TGIC thermoset powder coat finish Design Lights Consortium@(DLC)qualified product.Not all versions of this product may be that provides superior resistance to corrosion and weathering.A tightly ccntrclled multi stage DLC qualified.Please check the DLC Qualified Products List at to process ensures a minimum 3 mils thickness for a finish that can withstand extreme climate confirm which versions are qualified. changes without cracking or peeling. OPTICS WARRANTY S-year limited warranty.Complete warranty terms located at: Precisionmoldedrefractive acrylic lenses are available in four distributions.Light engines are available in standard 4000K,3000K or 5000K(70 CRI)configurations. - ELECTRICAL Note:Actual performance may differ as a result of end-user environment and application. All values are design or typical values,measured under laboratory conditions at 25°C. Light engine consists ofhigh-efficacy LEDs mounted to a metal-core circuit board and aluminum Specifications subject to change without notice. heat sink,ensuring optimal thermal management and long life.Class 1 electronic driver has a power factc0r>90%,THD QO%,and has an expected life of 100,000 hours with<1%failure rate.Easily- serviceable surge protection device meets a minimum Category C Low(per ANSVIEEE C62.412). i P° 11°;V,ppIII,IIWII°IVlVll'ilWl iuullll One Lithonia Way • Conyers,Georgia 30012 • Phone:800.279.8041 BADLED "�� ell ll' Illi p,,VVIII6',IIIIVI°ipV�iVllliVlllli! uli II�"'H Z2012 2017 Acuity Brands Lighting,Inc. All rights reserved. Rev.0210'7117 Catalog Size 1 mb AW00101 LED Wall Luminaire Notes 1 liyhGg Type NIGHTTIME facts FRIENon d"series Introduction Specifications The D-Series Wall luminaire is a stylish,fully I„,,uurlrmiiiorwaiiire IBack Il Box (113113W, 121I,,,, ) integrated LED solution for building-mount Width: 13-3/4” Weight: 12 lbs applications. It features a sleek, modern design Width: 13-3/4" EiEiW S lbs (34.4,_r�n) r��k�) (249,.,)j) Weight: (2'3kl�) and is carefully engineered to provide long-lasting, Depth: 10" Depth: 4" ELCW 10 lbs energy-efficient lighting with a variety of optical (25.4 cm) (10.2 cm) Weight: (4.5 kc,) and control options for customized performance. Height: 6-3/8" Height: 6-3/8" (16.2,m) (16.2,m) With an expected service life of over 20 years of p p W nighttime use and up to 74%in energy savings - — over comparable 250W metal halide luminaires, II'llll " " Q D the D-Series Wall is a reliable, low-maintenance lighting solution that produces sites that are W For 3/4"N PT side-entry conduit(BBW only) exceptionally illuminated. EXAMPLE: DSXW1 LED 20C 1000 40K T3M MVOLT DDBTXD DSM LED i i / / DSXW1 LED 10C 10 LEDs 350 350 mA 30K 3000 K T2S Type II Short MVOLTI Shipped included Shipped installed e� glne) 530 530 mA 40K 4000K T2M Type 11 Medium 120' (blank) Surface BE Photoelectric cell,button type engine) 20C LEDs 700 700 mA 50K 5000 K T3S Type III Short 208' mounting Di 0-10V dimming driver(no controls) (two 1000 1000 mA AMBPC Amber T3M Type III Medium 240' bracket PIR 180°motion/ambient lightsensor,<15'mtght, engines) A) phosphor T4M Type IVMedium 277' 1313W Surface- PIRH 180°motion/ambient light sensor,15-30'mtght' converted mounted TFTM Forward Throw 3471 back box PIR1FC3V Motion/ambient sensor,8-15'mounting height,ambi- Medium 4801 (for conduit entsensor enabled at1fc' ASYDF Asymmetric entry) PIRH1FC3V Motion/ambientsensor,15-30'mounting height, diffuse ambient sensor enabled at1fc' ELCW Emergency battery backup(Includes external compo- nent enclosure) ° / / Shipped installed Shipped separately" DD13XD Dark bronze DSSXD Sandstone DWHGXD Textured white SF Single fuse(120,277or347V)' BSW Bird-deterrent spikes DBLXD Black DDBTXD Textured dark bronze DSSTXD Textured sandstone DF Double fuse Q08,2400r480V)' WG Wire guard DNAXD Natural aluminum DBLBXD Textured black HS Nouse-side shield" VG Vandal guard DWHXD White DNATXD Textured natural aluminum SPD Separate surge protection' DDL Diffused drop lens Accessories NOTES 1 MVOLT driver operates on any line voltage from 120-277V(50/60 Hz).Specify 120,208,240 or 277 options only when ordering with fusing(SF,DF Ordered and shipped separately. options),or photoeontrol(PE option). 2 Only available with 20C,700mA or 1000mA.Not available with PIR or PIRH. DSXWHS U House-side shield(one per 3 Back box ships installed on fixture.Cannot be field installed.Cannot be ordered as an accessory. light engine) 4 Photocontrol(PE)requires 120,208,240,277 or 347 voltage option.Not available with motion/ambient light sensors(PIR or PIRH). DSXWBSW U Bird-deterrent spikes 5 PIR and PIR1 FC3V specifies the I Ii"control;PIRH specifies the . control;see fP.. DSXWIWG U Wire guard accessory for details.Includes ambient light sensor.Not available with"PE"option(button type photocell).Dimming driver standard.Not available with 20 DSXWIVGU Vandal guard accessory LED/1000mA configuration(DSXW1 LED20C1000). 6 Cold weather(-20C)rated.Not compatible with conduit entry applications.Not available with BBW mounting option.Not available with fusing.Not available with 347 or 480 voltage options.Emergency components located in back box housing.Emergency mode IES files located on product page at, 7 Single fuse(SF)requires 120,277 or 347 voltage option.Double fuse(DF)requires 208,240 or 480 voltage option.Not available with ELCW. 8 Also available as a separate accessory;see Accessories information. 9 See the electrical section on page 3 for more details. uIII ull�l klpi I�VpKp,l° VIVIV� VVIV�ulVl� One Lithonia Way • Conyers,Georgia 30012 • Phone:800.279.8041 iplV'i�ipVll°',ii'w'M'jllyIIIIV4V i!,!,i;, ©2013-2016 Acuity Brands Lighting,Inc. All rights reserved. Lumen Output Lumen values are from photometric tests performed in accordance with IESNA LM-79-08.Data is considered to be representative of the configurations shown,within the tolerances allowed by Lighting Facts. Contact factory for performance data on any configurations not shown here. r / / / / r r/ T2S 1415 0 0 1 101 1520 0 0 1 109 1529 0 0 1 109 894 0 0 1 64 T2M 1349 0 0 1 96 1449 0 0 1 104 1458 0 0 1 104 852 0 0 1 61 T3S 1400 0 0 1 100 1503 0 0 1 107 1512 0 0 1 108 884 0 0 1 63 350mA 14W T3M 1386 0 0 1 99 1488 0 0 1 106 1497 0 0 1 107 876 0 0 1 63 TV 1358 0 0 1 97 1458 0 0 1 104 1467 0 0 1 105 858 0 0 1 61 TFTM 1411 0 0 1 101 1515 0 0 1 108 1525 0 0 1 109 892 0 0 1 64 ASYDF 1262 0 0 1 90 1355 1 0 1 97 1363 1 0 1 97 797 0 0 1 57 12S 2 05i 1 0 1 103 ?1M 1 0 1 110 22P 1 0 1 111 1,20 0 0 1 63 T2M 1957 1 0 1 98 2102 1 0 1 105 2115 1 0 1 106 1205 0 0 1 60 T3S 2031 0 0 1 102 2181 0 0 1 109 2195 0 0 1 110 1250 0 0 1 63 530 mA 20W :M MID 1 0 1 101 2159 1 0 1 108 2172 1 0 1 109 1,23Z 0 0 1 62 Mm 1970 1 0 1 99 2115 1 0 1 106 2128 0 0 1 106 1212 0 0 1 61 TFTM 2 04Z 0 0 1 102 2198 0 0 1 110 22R 0 0 1 111 I'M 0 0 1 63 ASYDF 1830 1 0 1 92 1966 1 0 1 98 1978 1 0 1 99 1127 0 0 1 56 R2 M23 1 0 1 97 MN 1 0 1 Ni ME 1 0 1 105 L514 0 0 1 57 (10 LEDs) RM M22 1 0 1 93 MH 1 0 1 99 01 1 0 1 100 I'M 0 0 1 55 T3S ?01 1 0 1 96 1z§5 1 0 1 103 2 8Q2 1 0 1 104 152Z 0 0 1 57 700 mA 27W T3M 2 567 1 0 1 95 2 757 1 0 1 102 2 774 1 0 1 103 Mi 0 0 1 56 T4M 2 515 1 0 1 93 2 701 1 0 1 100 2 718 1 0 1 101 1,441 0 0 1 55 TFTM ?&M 1 0 1 97 MT 1 0 1 104 2 825 1 0 1 105 1 539 0 0 1 57 ASYDF 2 337 1 0 1 87 ?1512 1 0 1 93 2S6 1 0 1 94 126 0 0 1 51 R2 M§5 1 0 1 92 3 957 1 0 1 99 12§? 1 0 1 100 2,235 1 0 1 58 T2M MR 1 0 1 88 1M 1 0 1 94 i 795 1 0 1 95 2 I30 1 0 2 55 T3S 16M 1 0 1 91 3 9i3 1 0 1 98 12M 1 0 1 98 2210 1 0 2 57 1000 mA 40W T3M 3 607 1 0 1 90 3 874 1 0 1 97 3 898 1 0 1 97 2 18Z 1 0 2 56 T4M 3 534 1 0 1 88 i 795 1 0 1 95 MP 1 0 1 95 2,143 1 0 2 55 TFTM 10 1 0 1 92 i 945 1 0 1 99 M§2 1 0 1 99 LM 1 0 2 57 ASYDF 3 284 1 0 1 82 3 52z 1 0 1 88 MR 1 0 1 89 I'M 1 0 2 51 2S 2 820 1 0 1 118 1M 1 0 1 126 ME 1 0 1 127 1 777 1 0 1 74 RM MM 1 0 1 112 MN 1 0 1 120 129A 1 0 1 121 I'M 1 0 1 71 D3 2,M 1 0 1 116 2 995 1 0 2 125 3 013 1 0 2 126 125Z 0 0 1 73 350mA 24W T3M ?20 1 0 1 115 12§A 1 0 2 124 ?1M 1 0 2 124 02 1 0 1 72 T4M 1M 1 0 1 113 ?12H 1 0 2 121 122? 1 0 2 122 I'M 1 0 1 71 TFTM 1§11 1 0 1 117 MR 1 0 2 126 12M 1 0 2 127 I'M 0 0 1 74 ASYDF 2 513 1 0 1 105 ?&22 1 0 2 112 1716 1 0 2 113 1,544 1 0 1 66 T2S 4079 1 0 1 113 4380 1 0 1 122 4408 1 0 1 122 2504 1 0 1 70 RM 1W 1 0 1 108 4174 1 0 1 116 1200 1 0 1 117 2,14Z 1 0 1 66 T3S 4034 1 0 1 112 4332 1 0 1 120 4359 1 0 1 121 2477 1 0 1 69 530 mA 36W T3M 3993 1 0 1 111 4288 1 0 1 119 4315 1 0 1 120 2451 1 0 2 68 14M 3912 1 0 2 109 4201 1 0 2 117 4227 1 0 1 117 2402 1 0 1 67 TFTM 4,066 1 0 1 113 4367 1 0 1 121 4394 1 0 1 122 2496, 1 0 1 69 20C ASYDF 3,635 1 0 2.... 101 3 904 1 0 2.... 108 3928 1 0 2 109 2232 1 0 1 62 R2 5188 1..... 0 1.... 110 5 571 1 0 1 119 5 606 1 0 1 119 3,065 1 0 1 65 (20 LEDs) 2M 4 945 1 0 1 105 5 310 1 0 1 113 5 343 1 0 1 114 2122i 1 0 1 62 JI 5131 1 0 1 109 5 510 1 0 2 117 5,5M 1 0 2 118 3193i 1 0 1 64 700 mA 47W DM 5 0Z2 1 0 2 108 M5! 1 0 2 116 MM 1 0 2 117 3,90 1 0 1 64 T4M In 1 0 2 106 5 343 1 0 2 114 5 3z7 1 0 2 114 2 939 1 0 1 63 TFTM 5172 1 0 2 110 5 554 1 0 2 118 5A2 1 0 2 119 3,955 1 0 1 65 ASYDF 4624 1 0 2 98 4966 1 0 2 106 4997 1 0 2 106 2732 1 0 1 58 12S Z,205 1 0 1 97 7 736 1 0 1 105 Z 785 1 0 1 105 4 429 1 0 1 61 T2M 6866 1 0 2 93 7373 1 0 2 100 7419 1 0 2 100 4221 1 0 2 58 T3S 7124 1 0 2 96 7 650 1 0 2 103 M2§ 1 0 2 104 UN 1 0 2 60 1000 mA 74W :M Z,052 1 0 2 95 7 736 1 0 2 105 Z 620 1 0 2 103 U35 1 0 2 59 Mm MID 1 0 2 93 Z 420 1 0 2 100 Z 4§6 1 0 2 101 4 248 1 0 2 58 TFTM 7182 1 0 2 97 7 712 1 0 2 104 7 760 1 0 2 105 4 415 1 0 2 60 .....ASY D.F............5,421...........1.........0........Z.........87.............fi�895..........Z.........0........Z..........93.............fi�938.............Z..............0...............Z..............94..............r........................................................................................ 3,24Z 1 0 2 54 ljlj4111,V111 IIp111 V"V"" iill"I' Villlliiiullu0 One Lithonia Way Conyers,Georgia 30012 • Phone:800.279.8041 DSXW1-LED °� eVIV 4uV'I�.iVV14Vli",i1 i1V111j11111V V 1�" ©2013-2016AcuityBrands Lighting,Inc. All rights reserved. Rev.6/07/16 II IIIIP Lumen Ambient Temperature (LAT) Multipliers Electrical Load Use these factors to determine relative lumen output for average age ambient temperatures from 0-40°C(32-104°F). �i 120V 208V 240V 277V 347V 480V OAC 32 F 1.02 350 14W 0.13 0.07 0.06 0.06 - - 101C SOOF 1.01 530 20W 0.19 0.11 0.09 0.08 - - 200C 68OF 1.00 10C 700 27W 0.25 0.14 0.13 0.11 - - 25'C 770F 1.00 1000 40W 0.37 0.21 0.19 0.16 - - 300C 860F 1.00 350 24W 0.23 0.13 0.12 0.10 400C 1040F 0.98 530 36W 0.33 0.19 0.17 0.14 - - 20C 700 47W 0.44 0.25 0.22 0.19 0.15 0.11 Projected LED Lumen Maintenance 1000 74W 0.69 0.40 0.35 0.30 0.23 0.17 Data references the extrapolated performance projections for the DSXW1 LED 20C 1000 platform in a 25°C ambient,based on 10,000 hours of LED testing(tested per IESNA LM- 80-08 and projected per IESNA TM-21-11). To calculate LLE,use the lumen maintenance factor that corresponds to the desired number of operating hourssbbelow.For other lumen maintenance values,contact factory. 0 25,000 50,000 100,000 1.0 0.95 0.93 0.88 To see complete photometric reports or download.ies files for this product,visit Lithonia Lighting's " Isofootcandle plots for the DSXW1 LED 20C 1000 40K.Distances are in units of mounting height(15'). Distribution overlay comparison to 250W metal halide. LEGEND 4 3 2 1 0 1 2 3 4 4 3 2 1 0 1 2 3 4 4 3 2 1 0 1 2 3 4 LEGEND 0.1 fc 4 g. yy ,y 05fc 3 3 0.5 fc 2 ; 2 4' , , .°.. "�. ......w„...°,u„N 1.0 fc 1 0.5 fc 0 'K sd 0 a rs n .r F 10, 0 W d i11a dr 0 f "h f i rG4 "P LD, 0.. 4, 'iWF1 0.71 a a 2 FFszW1"0.95 TWF2: DSXW1: 3 6 3 .3 291VV 74W T2M ;'� TIM }� T35 DSXW1 LED 20C 40K 1000 TIM, .4 r,! 4 4 TWF2250M Pulse,15'Mounting Ht l so I Crl Illuu T3M(left),ASYDF(right)lenses HS-House-side shields BSW-Bird-deterrent spikes WG-Wire guard VG-Vandal DDL-Diffused drop lens guard FEATURES&SPECIFICATIONS power factor>90%,THD<20%,and a minimum 2.5KV surge rating.When ordering the SPD option,a separate surge protection device is installed within the luminaire which meets a INTENDED USE minimum Category C Low(per ANSI/IEEE C62.41.2). The energy savings,long life and easy-to-install design of the D-Series Wall Size 1 make itthe smart choice for building-mounted doorway and pathway illumination for nearly any facility. INSTALLATION Included universal mounting bracket attaches securely to any 4"round or square outlet box CONSTRUCTION for quick and easy installation.Luminaire has a slotted gasket wireway and attaches to the Two-piece die-cast aluminum housing has integral heat sink fins to optimize thermal management mounting bracket via corrosion-resistant screws. through conductive and convective cooling.Modular design allows for ease of maintenance.The LED driver is mounted to the door to thermally isolate it from the light engines for low operating temperature LISTINGS and long life.Housing is completely sealed against moisture and environmental contaminants(IP65). CSA certified to U.S.and Canadian standards.Rated for-40°C minimum ambient. FINISH Design Lights Consortium@(DLC)qualified product.Not all versions of this product may Exterior parts are protected by a zinc-infused Super Durable TG IC thermoset powder coat finish be DLC qualified.Please check the DLC Qualified Products List at www.designlights.org to that provides superior resistance to corrosion and weathering.Atightly controlled multi-stage confirm which versions are qualified. process ensures a minimum 3 mils thickness for a finish that can withstand extreme climate WARRANTY changes without cracking or peeling.Available in textured and non-textured finishes. Five-year limited warranty.Complete warranty terms located at OPTICS .. Precision-molded proprietary acrylic lenses provide multiple photometric distributions tailored Note:Actual performance may differ as a result of end-user environment and application. specifically to building mounted applications.Light engines are available in 3000 K(7O min.CRI), All values are design or typical values,measured under laboratory conditions at 25°C. 4000 K(70 min.CRI)or 5000 K(70 min.CRI)configurations. Specifications subject to change without notice. ELECTRICAL Light engine(s)consist of 10 high-efficacy LEDs mounted to a metal-core circuit board to maximize heat dissipation and promote long life(L88/100,000 firs at 25°C).Class 1 electronic drivers have a II11 41111jl111ilp1111! V Ilp11%151llliiiullu0 One Lithonia Way • Conyers,Georgia 30012 • Phone:800.279.8041 DSXW1-LED °� eVIV TV'IIS,.j1pIIFVIi",iiilpV'IpIIIV Imo° ©2013-2016AcuityBrands Lighting,Inc. All rights reserved. Rev.6/07/16 II IIIIP Parking Reduction Analysis Main Street Place 345 Main Street, Ukiah CA Background The applicant is proposing a 35-unit 2-bedroom apartment unit at 345 North Main Street which results in a total of 70 onsite parking stalls. Section 9199.B of the Ukiah City Code (UCC) provides a reduction of 2 stalls per parcel, when there is a ratio of 5 bicycle stalls for every vehicle stalls. There for, a total of 66 stalls would be required by UCC. The applicant is proposing 55 stalls and requesting a reduction of 11 vehicle parking stalls. Ukiah City Code The following UCC sections are applicable to the request and serve as the manner in which the request may be granted. The City of Ukiah Municipal Code Section 7388.B states: Variance Procedure: When,in the judgment of the Planning Commission, any parcel of land within a Parking District may be better utilized by allowing a reduction in the required parking, the Planning Commission may, upon application by the landowner, grant a variance from the parking requirement. In granting a variance the Planning Commission shall be guided by the following criteria:upon a showing by applicant and a finding thereof by the Planning Commission, a variance may be granted on one or more of the following grounds: 1. The refusal to allow a variance would make a proper use of the property unfeasible; 2. Physical impossibility or unsuitability of the property to comply with on-site parking requirement; 3. Proximity to an under utilized public parking lot which would reduce the need for on-site parking; 4. Specific conditions exist which particularly affect the subject property as opposed to other properties in the District similarly situated; 5. Specific conditions exist as to the type of business enterprise or use permitted by the Commission and which may affect the need for on-site parking. Ukiah Municipal Code section 9051.H states: Relief from the parking requirements in the R-3 Zoning District may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, and general welfare of the public. Analysis The project site is located within Ukiah's downtown core and is in vicinity of a variety of goods and services such as employment opportunities, major retail shopping and medical facilities. As an example of the sites proximity,the following major destinations are noted: Public Parking Lot C and D: 0.14 miles Ukiah Valley Medical Center: 0.18 miles Walgreens Pharmacy: 0.19 miles The Home Depot: 0.27 miles Lucky's 0.29 miles Alex R.Thomas Plaza 0.32 miles Ross 0.35 miles Ukiah City Hall 0.44 miles Pomolita Middle School 0.48 miles Walkscore.com,a website that has created an index that awards points based on the distance to amenities in different category (businesses, parks, theaters, schools and common destinations) that are weighted equally, summed and normalized to yield a score from 0 to 100. The site has a Walk Score of 821, which is considered "very walkable" and most errands can be accomplished on foot. The score of 82 is also equal to the site's Bike Score and Transit Score. Bike Score measures if the area is good for biking based on existing bicycle lanes, trails, terrain, road connectivity and destinations. While the Transit Score measures how well the location is served by public transit based on the distance and type of nearby transit lines. Approximately 340 feet to the east, there is an existing Class I bicycle path that runs in a north-south direction, known locally as the Rail Trail. A local group of citizens hold a month event along the trail to encourage utilization and public awareness of the trail. The group is part of a larger association which includes the City of Ukiah. The City of Ukiah is currently applying for additional grant funding to expand the path.As part of the grant application,a survey was conducted which includes streets and bicycle lanes in the immediate area. The survey concluded that a total of 696 pedestrians and 216 bicycle riders utilize the site (and surrounding area) daily. These numbers represent a 24-percent increase walking and 54- percent increase in bicycle riders from previous yearS2. The grant application goes on to note that the number of users are projected to increase to 1,275 pedestrians and 282 bicycle riders with construction of additional Class I pathway. Additional findings in the survey note: - That many of the pathway users were students who utilized the path because of its proximity to four schools. - Ukiah's terrain is flat, with a concentration of employers and the city is compact in size and that generally there are many fair-weather days resulting in a commute times and distances which are easily bikeable for commuters living and working in the city limits. 1 www.walkscore.com/score/345-n-main-st-ukiah-95482 2 Data obtained from Urban Greening Grant application - The Activity Center Map within the survey indicates that 30 'activity centers' are within 1/4 miles and 50+ 'activity centers' are within 1/2 mile of the area. - Nearby employers such as Ukiah Valley Medical Center enthusiastically promote active transportation (walking and biking)for its employees. The land in which the Class I path is constructed upon is owned by the North Coast Railroad Authority (NCRA), and has land use limitations (future recorded covenant) that will prohibit residential or other sensitive land uses (day cares etc.). Because of the unique and size of the parcel (triangular), other land uses would be limited. Because of the above, NCRA is looking at the possibility of turning the remaining open areas into additional passive uses (benches, picnic tables etc.) and both public and private parking stalls. These off-site parking stalls are within walking distance to the project site. The Downtown Ukiah Parking Improvement Study,conducted by W-Trans(2007),reviewed public parking demands in the Downtown area of Ukiah. The study notes that "downtown Ukiah can absorb a certain amount of new development without having to provide additional parking spaces. In reality, market forces typically dictate that at least a small amount of parking will be provided as part of new construction. For example, newer urban apartments and condominiums often provide one parking space per unit (emphasis added),with any additional demand created by second vehicle or visitors being accommodated by shared spaces on surrounding streets or other parking facilities (page 17)." According to study, a total of 4,451 parking spaces are in the overall study area (which half of the project site is located within). Parking supply in the area is summarized in the following table: Talar 2 Parking Supply within Study Area Sub-Area Public Can-Street Public Lots Private Lot$ -Total Downtown Core 635 442 572 1,649 Extended Study Area 1,361 0 1,441 2,802 Total 1.9196 442 2,013 4,451. The study also evaluated the occupancy level of streets and existing public lots: Table 3 Summary of Public Parking Conditions in Downtown:Corry Parking Type Total Spaces Occupancy Peale Time Occupied.'Spaces During Peak at Peau 24 Minutes 21 71% nen-I P.m. Is 90 Minutes 287 66` 1 p.m.-2 P.m. 190 2-Hour 258 53% t 1 a.m.,noon 136 5-Hour 88 77% 11 a.m.-noon 68 10-Hour 56 77% 11 arm.-noon 43 Unrestricted 37 32% 10 a.m.- I I a.m. 12 Exempt 4 100% 1 P.M.-2 P.M. 4 Permit 306 61% 111 a.m.-noon, 187 Loading 20 35'% noon- I p.m, 7 Total 1077 60% 11 am.-neon 646 The study discusses that the majority of users to the public lots are those who are employed in Downtown Ukiah and those who are required to visit the courthouse. Just recently, and after the study was concluded, the State of California determined that a new Courthouse facility is needed and will be constructing a new building and additional off street parking. With the Courthouse moving to a new location in the near future, it will free up the parking occupancy allowing for additional users to utilize those stalls. On-street parking is adequate in the area and currently underutilize as the majority of properties and land uses in the vicinity have sufficient off-street parking stalls. The street frontage of the project, can accommodate approximately 5 additional parking stalls, which includes adequate space for the transit stop. Additional on-street parking is located in the area along other properties frontages. Mendocino Transit Authority (MTA) offers public transportation throughout the valley and in this case, has stops adjacent to the project site on North Main Street, which offer both a local (Route7 and 9) and regional (Route 20) services. According to MTA 2014 Transit Survey', ridership on Route 9 and 20 are the highest in the county and primarily serve commuters, students and people running errands with a minimum of 400 riders served weekly. The Ukiah City Code (UCC) requires the number of bicycle stalls within a project to equal 10-percent of the number of vehicle stalls. In this case,the project needs to accommodate a minimum of 6 bicycle stalls. The applicant is proposing to install 32 bicycle racks, 20 of which will be in an indoor bicycle storage area that only the tenants will have access too. The remaining 12 stalls will be placed throughout the site to accommodate guest or short-term parking. Findings Based upon the above the following findings can be made: UCC section 7388.13: 1. The refusal to allow a variance would make a proper use of the property unfeasible. 2. Specific conditions exist as to the type of business enterprise or use permitted by the Commission and which may affect the need for on-site parking The project is an infill market rate apartment building in the downtown core of Ukiah.As detailed in the analysis (above), the site itself and the surrounding conditions are walkable, bikeable and transit friendly. Adding a residential use is a proper use of the site and will allow tenants to utilize all the nearby amenities, goods, services, employment and educational opportunities without adding vehicle traffic to the local roads. The proposal is supported by the following General Plan Goals and Policies: Goal H-5: Use land effectively to meet housing needs and to implement smart growth, green building, and sustainable development policies with a focus on infill development. 3 http://mendocinotransit.org/wp-content/uploads/2015/01/Mendocino-Surveys-2014-Final-Report.pdf The project is in the center of town, on parcels that are considered infill and surrounded by urban uses.The site is currently under developed with most of the site being vacant. Goal CT-3: Design new development and redevelopment projects to be as accessible by foot, bicycle and transit as they are by auto. The development is in an area that is currently served by mass transit, is located to major employment centers and is walkable and bicycle friendly. Goal CT-1: Consider all types of circulation and transportation issues in land use decisions. The proposal includes adequate vehicle parking while also providing bicycle parking that exceeds the required ratio with indoor and outdoor bicycle parking. Bicycle parking is placed throughout the project site in secure, visible and well-lit locations. Goal CT-6: Increase the use of bicycle transportation. The project includes a bicycle parking plan that exceeds the number of required racks found in the Ukiah City Code. The proposal has both indoor and outdoor stalls. Indoor stalls are in a secure location that limits access to tenants only. While outdoor stalls are spread throughout the site and are near the entrances of each unit. Policy CT-6.2: Promote the use of bicycles as a viable and attractive alternative to cars. The project is located in the downtown core of the City and near a range of bicycle facilities, including Class I path, employers, schools and services. Ukiah is general flat, compact and with good weather that further encourages users to utilize bicycles as a regular mode of transportation. The project has secure indoor bicycle storage, as well as outdoor stalls in locations that are visible, well lit areas and near the front entrances. Goal CT-8: Encourage increased use of public transportation. There are two bus stops along North Main Street,adjacent to the project site.These stops serve the highest ridership routes in the County (Route 7, 9 and 20) which are both local and regional. Having high density projects near transit stops typically lead to increased ridership and a reduction of vehicles on the road. Policy GP-29.3: Promote public transportation, services within walking distances in neighborhoods, and any other feasible means of preventing needless vehicle use and pollution. The project site is located in the central part of Ukiah and has several bus stops within walking distance. The site is also within walking distance to a Class I bicycle path which leads to several major employment centers, goods, services and Downtown. UCC section 9051.H: Relief from the parking requirements in the R-3 Zoning District may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, and general welfare of the public. A reduction in on-site parking, as detailed in the analysis (above) will not have an impact upon the health, safety, and general welfare of the public. The project site is centrally located to a variety of goods, services, employment and educational opportunities. The city of Ukiah is relatively flat with short commuter times, resulting in a city that is bicycle friendly. The project site is near a heavily used Class I bicycle path that is anticipating to expand and will result in a higher number of users. The site has transit stops along the Main Street frontage, which accommodates the highest number of transit users on Routes 7, 9 and 20. Onsite bicycle parking exceeds UCC demands and will also feature secure indoor bicycle parking that only tenants have access too. The proposal is supported by the following General Plan Goals and Policies: Goal H-5: Use land effectively to meet housing needs and to implement smart growth, green building, and sustainable development policies with a focus on infill development. The project is in the center of town, on parcels that are considered infill and surrounded by urban uses.The site is currently under developed with most of the site being vacant. Goal CT-3: Design new development and redevelopment projects to be as accessible by foot, bicycle and transit as they are by auto. The development is in an area that is currently served by mass transit, is located to major employment centers and is walkable and bicycle friendly. Goal CT-6: Increase the use of bicycle transportation. The project includes a bicycle parking plan that exceeds the number of required racks found in the Ukiah City Code. The proposal has both indoor and outdoor stalls. Indoor stalls are in a secure location that limits access to tenants only. While outdoor stalls are spread throughout the site and are near the entrances of each unit. Goal CT-8: Encourage increased use of public transportation. There are two bus stops along North Main Street,adjacent to the project site.These stops serve the highest ridership routes in the County(Route 7, 9 and 20) which are both local and regional. Having high density projects near transit stops typically lead to increased ridership and a reduction of vehicles on the road. Policy CT-6.2: Promote the use of bicycles as a viable and attractive alternative to cars. The project is located in the downtown core of the City and near a range of bicycle facilities, including Class I path, employers, schools and services. Ukiah is general flat, compact and with good weather that further encourages users to utilize bicycles as a regular mode of transportation. The project has secure indoor bicycle storage, as well as outdoor stalls in locations that are visible, well lit areas and near the front entrances. Goal CT-1: Consider all types of circulation and transportation issues in land use decisions. The proposal includes adequate vehicle parking while also providing bicycle parking that exceeds the required ratio with indoor and outdoor bicycle parking. Bicycle parking is placed throughout the project site in secure, visible and well-lit locations. Policy GP-29.3: Promote public transportation, services within walking distances in neighborhoods, and any other feasible means of preventing needless vehicle use and pollution. The project site is located in the central part of Ukiah and has several bus stops within walking distance. The site is also within walking distance to a Class I bicycle path which leads to several major employment centers, goods, services and Downtown. ATTACHMENT 4 Interoffice Memorandum To: Adele Phillips, Associate Planner From: Ben Kageyama, Senior Civil Engineer Date: October 25, 2017 Re: Project Review Committee Referral File No. 3085 Main Street Village Major Site Development Permit and Use Permit Located at 345 Main Street and 215 Norton Street The Department of Public Works has reviewed the above referenced project and offers the following comments for your consideration- 1. onsideration:1. The southwest corner of the subject property appears to be in proximity to the edge of the 100-year flood plain. Prior to Planning Commission action, please provide a written statement from the project engineer or surveyor determining the flood plain location with respect to the subject property, and indicate mitigation measures to be taken, if any. 2. A storm drain extension in Norton Street is proposed to direct project drainage to an existing storm drain in Mason Street, as was proposed with the previously abandoned Main Street Village project (the drainage report of which is available to view upon request). A final drainage report will be required to support the drainage design and address potential project impacts to flooding prior to approval of the improvement plans. 3. The Initial Storm Water Low Impact Development Submittal (SWLIDS) has been submittal for review. The SWLIDS states on Page 4: "It is the intent of this design that stormwater runoff from the roofs and parking areas be directed across vegetated buffers prior to entering the stormwater BMP's." On the BMP map (H-1), Tributary Area D does not appear to include a paved area disconnect/buffer area. Also, the SWLIDS calculations show that credits were taken for "buffer strips and bovine terraces" when the same area for roofs were previously given a credit for being disconnected. It may not be appropriate for an area to be given a credit twice for the same buffer. During review of the final SWLIDS we will confirm storm water calculator credits to reduce the treatment volume are appropriate, and properly reflected on the final plans. The following conditions of approval are recommended: 4. Prior to construction of site improvements, a final grading and drainage plan, and an erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for review and approval by the Department of Public Works. The plan shall include the detailed design of the SAPublic WorksIPROJECTSTublic WorksTermit FilesIPLANNING120171File#3085 Main Street Village 10-25-17.doc 1 October 25, 2017 proposed storm water best management practices (BMPs). Drainage improvements shall be in compliance with the City of Ukiah's Phase I Storm Water Permit and the 2017 Low Impact Development Technical Design Manual (LID Manual). A final Storm Water Low Impact Development Submittal (SWLIDS) and Drainage Report shall be provided to support the design of the proposed drainage system. 5. Since the project area disturbs greater than one acre, the applicant must obtain a Storm Water Permit from the Regional Water Quality Control Board, prior to construction. The Storm Water Pollution Prevention Plan shall be prepared by a Qualified SWPPP Developer, and implemented by a Qualified SWPPP Practitioner. Also, an Air Quality Permit from the Mendocino County Air Quality Management District will be required. 6. The project engineer shall provide direct oversight and inspection during project construction, with special attention to implementation of best management practices for sediment and erosion control, and the proper grading, installation, and landscaping of post-construction stormwater BMPs. Upon completion of the work, a report shall be submitted by the project engineer to the Department of Public Works stating that the stormwater BMPs have been completed in accordance with the approved plans, final SWLIDS, and conditions of approval, shall function as intended, and all areas have been permanently stabilized to prevent sediment and erosion. 7. Maintenance and inspection of all post-construction best management practices (BMPs) are the responsibility of the property owner. In accordance with the LID Manual, a legally binding, signed maintenance agreement approved by the City of Ukiah is required for the proposed stormwater treatment planters and all post-construction BMPs, and shall be recorded prior to final approval of the building permit. 8. Sidewalk and driveway improvements within the street right-0f--way shall meet accessibility requirements. Prior to construction, improvement plans shall be prepared by a Civil Engineer and approved by the Department of Public Works for all improvements within the street rights-0f--way. Public sidewalks located outside of the street right-0f--way will require a sidewalk easement dedicated to the City. 9. Street trees shall be spaced approximately every 30' along project street frontages within 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard Drawing No 601. Tree types shall be approved by the City Engineer. 10.Any existing curb, gutter and sidewalk in disrepair adjacent to the subject property shall be repaired. Abandoned driveway approaches and curb openings shall be removed. All work shall be done in conformance with the City of Ukiah Standard Drawings 101 and 102 or as directed by the City Engineer. SAPublic WorksIPROJECTSTublic WorksTermit FilesIPLANNING120171File#3085 Main Street Village 10-25-17.doc 2 October 25, 2017 11.AII work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs. 12.AII areas of circulation shall be paved with a minimum of 2" of AC on 6" of Base or other suitable all-weather surface approved by the City Engineer. This includes the proposed driveways and parking areas. If heavy truck traffic is anticipated from the solid waste company, delivery trucks, or other heavy vehicles, the pavement section shall be calculated appropriately to ensure that it can withstand the loading. 13.Existing sewer laterals planned to be utilized as part of this project shall be cleaned and tested, and repaired or replaced if required. If an existing lateral is to be abandoned, it shall be abandoned at the main to the satisfaction of the Public Works Department. Sewer connection fees shall be paid at the time of building permit issuance. 14.Capital Improvement fees for water service are based on the water meter size. A fee schedule for water meter sizes is available upon request. Additionally, there is a cost for City crews to construct the water main taps for the proposed water services to serve the project. 15.Irrigation services shall have approved backflow devices. SAPublic WorksIPROJECTSTublic WorksTermit FilesIPLANNING120171File#3085 Main Street Village 10-25-17.doc 3 Adele Phillips From: Scott Bozzoli Sent: Wednesday, October 18, 2017 11:20 AM To: Adele Phillips Subject: 215 Norton and 345 Main St Hi Adele, For the Project Review for Norton and Main St Multifamily Housing Project, File#3085. Ukiah Electric Utility Department (EUD) has the following requirements and comments: 1) This property will be served from Under Ground utilities 2) Developer is to provide EUSERC approved electrical equipment that is to be used in this project. 3) All future site improvements shall be submitted to the Electric Department for review and comment. At this time, specific service requirements, service Voltage and developer costs and requirements will be determined. 4) Developer shall provide projected load calculations to the EUD 5) Developer/customer shall incur all costs of this future project ( labor, materials, equipment and future services) 6) There shall be an easement provided to the EUD for any electric service that transverses through the property. Or around any City owned Electric equipment. Should they have any questions please call Scott Bozzoli at 707-467-5775 Thank you, Scott BOZZOIi Electrical Engineering Technician II 1320 Airport Rd Ukiah Ca 95482 707-467-5775 Sbozzol_i_@c'ityofukiah.com ` IIS I I,,VN i Uikiah Police Department Sc-?fu.lgr, 11`1—(��c,ssiormc isi7�, ("('Ai �rru n:Ji y Service Chris Dewey Chief of Police Project Review Address: 345 N. Main Street (Based on plan provided& site visit) File 4 3085-UP/SDP-PC Project Name: Main Street Village Apartments Crime Prevention through Environmental Design (OPTED)plan/site Survey May 7, 2018 Disclaimer The recommendations provided are strictly suzzestions to help reduce the chances of a crime beim committed azainst the property. This survey is intended to assist you in improving the overall level of security and includes opportunities to reduce potential crime, improve safety and security measures. The information contained herein is based on guidelines set by the California Crime Prevention Training Institute and the observations of the individual officer(s) conducting the survey. It is not intended to imply the existing security measures, or proposed security measures are absolute or perfect. All new construction or retrofits should comply with existing building codes, zoning laws and fire codes. Prior to installation or modifications, the proper licenses and variances should be obtained and inspections should be conducted by the appropriate agency. It is the responsibility of the owner/operator to ensure compliance with all Federal, State, and Local laws. Introduction 345 N. Main Street-Site is currently empty vacant land with one vacant single family residence. The single family residence will be demolished as part of the project. Main Street runs north and south connecting with Norton Street to the north and downtown area street system to the south. Norton Street connects with State Street to the west which is a main artery through Ukiah and to the east with Mason St. and the rail trail walking path. North of the site is a multi family apartment complex, Norton Street and additional single and multi family apartments. Bordering the east side of the site is single and multi family residences. Bordering the west side of the site is Main Street, a sheet metal business and multi family residences. Located at the southerly border of the site is the Circle Trailer Court with single family residences. There are two MTA bus stops on Main Street adjacent to the site. OPTED Principles/Key Concepts Crime Prevention through Environmental Design (OPTED) is a proactive crime-fighting technique in which the proper design and effective use of parks, open spaces, building(s) and their surroundings lead to a reduction in crime as well as an improvement in the quality of life for citizens of the community. 300 Seminary Avenue I Ukiah, California 95482 Telephone: 463-6262 1 Fax: (707) 462-6068 1 www.cityofukiah.com Uikiah Police Department Sc-?fu.ly, 11`1—(��c,ssiormc isi7�, (',('Ai �rru n:Ji y Service Chris Dewey Chief of Police Access Control: Properly located entrances, exits, fencing, landscaping and lighting to direct foot and motor traffic in ways that discourage crime. Surveillance: Generally, criminals do not want to be seen. Placing physical features, activities and people in ways that minimize the ability to see what is going on discourages crime. Landscaping and lighting are two methods used to provide natural surveillance. The three main types of surveillance are natural, organized(security), and mechanical (alarms, video surveillance). Territorial Reinforcement: Define the boundary between private and public areas to send a message to illegitimate users that they are not to be there and provide a sense of ownership to legitimate users. Lighting_: Minimum maintained lighting standards providing nighttime illumination of parking lots, walkways, entrances, exits and related areas to promote a safe environment. Landscaping: Landscaping to follow two-foot six-foot rule. Trim all ground cover to two feet and tree canopies should be trimmed to six feet or higher if tree will allow unwanted climbing onto building or fences. This will allow visual/natural surveillance through fencing. Tree canopies should not interfere with or block lighting along sidewalks or in the parking lot. This creates shadows and areas of concealment. Maintenance: Well maintained landscaping, lighting and property cleanliness shows a property is well-cared for and someone is responsible for the upkeep. A property that is not maintained may indicate the management is not concerned about the property and be willing to overlook criminal activity. See the "broken window theory". CPTED-Based suggestions for 345 N. Main St.-Main Street Village Access Control. -Place address numbers displayed in accordance with building and zoning codes to facilitate%xpedite public safety responses. Surveillance: -Install exterior surveillance directed at parking areas. -Post signage stating location is under active video surveillance monitoring. 300 Seminary Avenue I Ukiah, California 95482 Telephone: 463-6262 1 Fax: (707) 462-6068 1 www.cityofukiah.com Uikiah Police Department Sc-?fu.lgr, 11`1—(��c,ssiormc isi7�, ("('Ai �rru n:Ji y Service Chris Dewey Chief of Police Territorial Reinforcement: -Install monument signage designating location at driveway entrances. Install map of locations of numbered apartments displayed in accordance with building and zoning codes to facilitate%xpedite public safety responses. -Keep proposed chain link fencing surrounding perimeter ofsite in good repair. Li,-htin : -Lighting specifications provided for fixtures, however, no plan was provided for placement of light standards in parking area. (Consult with Planning Department to meet Illumination Engineering Society (IES) minimum standard for open parking and building lighting) -Follow Dark Sky guidelines. -Exterior lighting shall be designed in coordination with the landscaping plan to minimize interference between the light standards and required illumination and the landscape trees and required shading. -Tree canopies should not interfere with or block lighting along sidewalks or in the parking lot. This creates shadows and areas of concealment. See Landscaping, below for additional. -All building exterior lighting andparking lot lighting should be functioning and kept in good repair. Maintenance: -Report any graffiti to UPD (a 463-6262. After reporting, clean-up/paint over as soon as possible. Spray on graffiti remover can be purchased at hardware supply stores. -Dumpster location should have locking device to keep unauthorized dumping or scavenging. -Keep property free of debris/garbage. -Weekly inspection of exterior building and property to limit unauthorized usage ofproperty. -Ifany rooftop entrances to building,place locking mechanism to limit illegal entrance from rooftop. -Any exterior electrical outlets can have lockingplates or decommission for non-use to limit illegal usage. -Any exterior water faucets should have a locking box cover or decommission for non-use to limit illegal usage. Landscaping: -Landscaping to follow two foot six-foot rule. Keep all ground cover to two feet and tree canopies should be trimmed to six feet or higher if tree will allow unwanted climbing onto building or fences. This will allow visual/natural surveillance through fencing. Tree canopies should not interfere with or block lighting along sidewalks or in the parking lot. This creates shadows and areas ofconcealment. -If landscaping for screening is desired, this shall be accomplished by hostile vegetation such as holly. Respectfully submitted, Nancy Sawyer, ICPS, CPD Community Service Officer Ukiah Police Department Phone: 707-467-5708 nsawyer a7,cityofukiah.com 5/7/18: njs 300 Seminary Avenue I Ukiah, California 95482 Telephone: 463-6262 1 Fax: (707) 462-6068 1 www.cityofukiah.com 5/7/2018 Application Plan Review Comment Maintenance ro Application Entry - Munis [City of Ukiah] > Application Plan Review > Application ... 00 11, II l 0M If:: r° I lrr Lll ? Dreflelte; � tI` , I/i Id rIIJP I 611� q . SI Accept Cancel Search Add Update Confirm Search Actions Output Office Tools Comment.... User A lighted map directory shall be installed at the Main Street entrance. On directory for the North set of apartments and one for the South set of apartments. Proposed / suggested locations are marked on pg. AO.1 of the plans submitted for review. City Ordinance 5214, section 505.4 All electrical and gas locations shall be labeled according to apartment number. Apartment addresses must be visible from the driveway, or street front the unit. Contrasting colors of letters or numbers shall be required. CA. Fire Code, Sec. 505.1 Electrical / Utility room located behind on site office shall have entrance door labeled to All indicate "Electrical". CA. Fire Code, 2016 Edition, Sec. 509.1 ......................... Two on site fire hydrants shall be required. One at each entrance, Main St. and Norton St. On All either side of the driveway. Appendix C CA Fire Code, 2016 edition. P .............................................. Type 2-A rated fire extinguishers shall be required as located on the plans provided. Location suggestions can be found on page A2.1 and A2.2 (fire and second floors respectively) CA Fire Code, 2016 edition. IjII Where access to or within a structure or an area is restricted because of a secured opening and "Knox Box" shall be required, and keys shall be placed for emergency fire department operations. CA. Fire Code, Sec. 506 IjII http://cou-munis/GasADLive/wa/r/mugwc/piappent 1/1 City o� Ukiah ,��ri,ri Ul(raia,virriaivmraliairtrrrrrroarana rrirrr,. rrrerrr: COMMUNITY DEVELOPMI NT&PLANNING DEPARTMENT ENT PROJECT REVIEW REFERRAL Please provide comments by: May 16, 2018 The City of Ukiah Planning and Community Development Department is soliciting input on the project described below for use in the staff analysis, CEQA document, and public hearing documents. You are invited to comment on any aspect of the proposed project, including information required before you can finalize your comments and recommended conditions of approval for the project. TO: Craig Schlatter, Director Michelle Irace, Planning Manager X Mendocino County Planning Department Adele Phillips, Associate Planner Mendocino County Public Health X Building Official X Mendocino Transit Authority X Ben Kageyama, Senior Civil Engineer X Regional Water Quality Control Board X Kevin Jennings, Fire Marshall CA Department of Fish &Wildlife X Sean Kaeser, Investigations Commander X Northwest Information Center X Nancy Sawyer, Community Service Officer AT&T X Jimmy Lozano, Electrical PG &E (gas) X Airport Land Use Commission PG &E (Land Rights) X Mendocino County Air Quality X Other: Katrina, Public Notice FROM: Michelle Irace, Planning Manger mirace@cityofukiah.com (707)463-6207 PROJECT INFORMATION: Date Filed: September 21, 2017 Date Referred: May 7, 2018 Prev. File#: Resubmittal: N/A File#(s) 3085-UP/SDP-PC Applicant: Steve Huneycutt, Guillon Inc. Project Name: Main Street Village 2550 Lakewest Dr., Suite 50 Site Location: 345 Main St Chico, CA 95927 215 Norton St APN: 002-153-30, 002-153-04 Zoning: Community Commercial (Cl) Phone: (530)897-6455 High Density Residential (R3) General Plan: Commercial (C) Email: steve@guilloninc.com DESCRIPTION: 35-unit multi-family housing complex on ±1.33 acres. See Attached Project Description. ATTACHMENTS: Application, Project Description, Plans, Elevations, Lighting Details Air Quality Comments Attached If No Co Ants, please sign and date below and return this Project Referral Form by the date noted above: 5/17/18 Signature Date ** Please attach any Conditions of Approval with your response ** Mendocino county Air Quality Management District Planning Referral or Building Permit Application Quick Response List Project # 3085-UP/SDP-PC Main Street Village The District's response to the above project is indicated by the items checked below: ✓❑Proiects Subiect to Permitting by the Air Quality Management District: ❑This project is subject to District Regulation 1 regarding air quality permits. The applicant is required to obtain an Authority to Construct permit from the District prior to beginning construction and/or installation of the equipment. ❑ The Applicant currently holds a valid Air Quality Permit to Operate. The applicant is required to obtain an Authority to Construct permit from the District prior to beginning any modifications to the operation. ❑This project may be subject to one or more of the following requirements as indicated: Diesel Engines — Stationary and Portable Equipment and Mobile Vehicles: • Any stationary onsite diesel IC engines 50 horsepower or greater(i.e. large power generators or pumps) or any propane or natural gas engines 250 horsepower or greater may require a permit from the District. • Portable diesel powered equipment that may be used during the proposed project are required to be registered with the state Portable Equipment Registration Program (PERP) or obtain permits from the District. • Projects located adjacent to sensitive receptors (schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.) during the construction phase of this project have the potential for exposure to diesel particulate. • Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is limited to less than 5 minutes. Demolition/Renovation Proiects: All Commercial Buildings, Government Buildings, Schools, Multi-Family Dwellings are subject the requirements of Mendocino County Air Quality Management District Regulation 1, Rule 492, National Emission Standards for Hazardous Air Pollutants (NESHAPS) for Asbestos. • Prior to receiving a Demolition/Renovation Permit from the Planning& Building Agency the applicant is required to: (1) Have an Asbestos Survey conducted by a licensed Asbestos contractor for the presence of asbestos containing materials, (2) Submit a completed Asbestos Demolition/Renovation form, all test results and applicable notification fees to the District at least 10 days prior to beginning the project, (3) Have any Asbestos containing materials abated by a licensed abatement contractor prior to beginning any demolition or renovation activities. (4) Obtain written authorization from the District indicating that all requirements have been met prior to receiving. Single Family Dwellings Less Than Four (4) Units Prior to receiving a Demolition/Renovation Permit from the Planning& Building Agency the applicant is required to: (1) Submit a completed Asbestos Demolition/Renovation form to the District and obtain written authorization from the District. ✓❑ Gradin2 Proiects: • All grading activities must comply with the following fugitive dust mitigation measures in accordance with District Regulation 1, Rule 1-430: (1) All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions (2) All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of 10 miles per hour. (3) Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed. (4) Asphalt, oil, water or suitable chemicals shall be applied on materials stockpiles, and other surfaces that can give rise to airborne dusts. (5) All earthmoving activities shall cease when sustained winds exceed 15 miles per hour. (6) The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours. (7) The operator shall keep a daily log of activities to control fugitive dust. Projects Less Than One(1)Acre or One (1)Mile of Road Located in NOA areas: (1) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less. (2) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (3) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line (4) All storage piles must be kept adequately wet or treated with a chemical dust suppressant or covered when not being added to or removed (5) Equipment must be washed down before moving from the property onto paved public roads (6) Visible track-out onto paved public roads must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within 24 hours. Large Area Grading Proiects Greater Than One(1)Acre or One (1) Mile of Road: Not Located in Naturally Occurring Asbestos (NOA) areas: • Prior to starting any construction the applicant is required to: (1) Submit a Large Area Grading permit application to the District. (2) Obtain a final determination from the Air Quality Management District as to the need for an Asbestos Dust Mitigation Plan and/or Geologic Survey to comply with CCR sections 93106 and 93105 relating to Naturally Occurring Asbestos. (3) Obtain written verification from the District stating that the project is in compliance with State and Local regulations relating to Naturally Occurring Asbestos. Located in Naturally Occurring Asbestos (NOA) areas: • Prior to starting any construction the applicant is required to: (1) Submit a Large Area Grading permit application to the District. (2) Obtain a final determination from the Air Quality Management District as to the need for an Asbestos Dust Mitigation Plan and/or Geologic Survey to comply with CCR sections 93106 and 93105 relating to Naturally Occurring Asbestos, or (3) Submit an Asbestos Dust Mitigation Plan and/or Geologic Survey to the District in compliance with California Code of Regulations (CCR), Sections 93106 and 93105 relating to Naturally Occurring Asbestos. (4) Obtain written verification from the District stating that the project is in compliance with State and Local regulations relating to Naturally Occurring Asbestos. Property Development: • Prior to starting any construction the applicant is required to: (1) Obtain a Property Development Permit from the District for any open outdoor burning. (2) Obtain a Large Area Grading Permit, if applicable • The District recommends that the applicant consider alternate means of disposal other than open burning, such as cutting the majority of the larger material up as firewood, and chipping smaller material, if feasible to mitigate impacts from open outdoor burning. ✓❑Installation of Wood Burning Devices: • Installation of new wood burning devices is prohibited by District Regulation 4 with the following exceptions: (1) Wood burning appliances in existing residential, commercial or public buildings designated as a historical site. (2) The installation of wood burning appliances on display at a retail business whose purpose is the sale of wood burning appliances to the public. (3) Fireplaces and wood burning appliances installed on railroad equipment that is owned and/or operated by an active railroad or public museum. (4) Wood burning appliances used primarily in the preparation of food. (5) Wood burning appliances used in compliance with all other local, state and District regulations for recreational outdoor heating. • Building officials are prohibited from issuing a Certificate of Occupancy or approving a final building inspection until one of the following has been documented; (1)The authorized local building official observes and documents that no wood burning appliances have been installed, or; (2)The project is a residential dwelling of three units or less and not part of a new major subdivision subject to Rule 4.1-400 (e) and; (A) The authorized local building official observes and documents the presence of EPA certification labels on all installed wood burning appliances on the premises, or; (B) The authorized local building official observes and documents that only pellet fueled wood burning appliances have been installed, or; (3) The Air Pollution Control Officer has issued a statement, in writing, that the project is exempt from this Regulation, or (4) The Air Pollution Control Officer has issued a statement, in writing, that the project is in compliance with this Regulation. ✓❑ New Commercial Development Mitigation Recommendations: • New Road Construction: The District recommends that at a bare minimum all roads be covered with a sealant or rocked to prevent fugitive dust emissions. • Parking Lot Tree Planting: The District recommends that commercial parking lot tree planting be defined as no less than 1 tree per 4 parking spaces to provide a beneficial reduction in summer heat gain. • Mass Transit: The District recommends that applicant work in conjunction with the local Transit Authority (MTA) to provide a shelter in addition to the concrete pad so that the benefits and incentives to use mass transit would be immediately available. • Electric Vehicle Charging: To further mitigate impacts to local air quality, it is recommended that applicant encourage the use of low emission vehicles by providing a minimum of 2, AC Level 2, electric vehicle charging stations. ��?D p�ar�yt,�mvrlrTrrnZtnrml+irol.rr�uaWjim rI City of Ukiah �.. �,m.._.�_. _... ..�nti,r,Nrorirrrrrrr nnr.ram,!,ri nrnrrnrxwrnrswuerarrrvxVrm r rrl,m,rr�rra¢.nrsivrrrmur COMMUNITY DEVELOPMENT&PLANNING DEPARI"MENT PROJECT REVIEW REFERRAL Please provide comments by: May 16, 2018 The City of Ukiah Planning and Community Development Department is soliciting input on the project described below for use in the staff analysis, CEQA document, and public hearing documents. You are invited to comment on any aspect of the proposed project, including information required before you can finalize your comments and recommended conditions of approval for the project. TO: Craig Schlatter, Director Michelle Irace, Planning Manager X Mendocino County Planning Department Adele Phillips,Associate Planner Mendocino County Public Health X Building Official X Mendocino Transit Authority X Ben Kageyama, Senior Civil Engineer X Regional Water Quality Control Board X Kevin Jennings, Fire Marshall CA Department of Fish &Wildlife X Sean Kaeser, Investigations Commander X Northwest Information Center X Nancy Sawyer, Community Service Officer AT&T X Jimmy Lozano, Electrical PG & E (gas) X Airport Land Use Commission PG & E(Land Rights) X Mendocino County Air Quality X Other: Katrina, Public Notice FROM: Michelle Irace, Planning Manger mirace@cityofukiah.com (707)463-6207 PROJECT INFORMATION: Date Filed: September 21,2017 Date Referred: May 7, 2018 Prev. File#: Resubmittal: N/A File#(s) 3085-UP/SDP-PC Applicant: Steve Huneycutt, Guillon Inc. Project Name: Main Street Village 2550 Lakewest Dr., Suite 50 Site Location: 345 Main St Chico, CA 95927 215 Norton St APN: 002-153-30, 002-153-04 Zoning: Community Commercial (Cl) Phone: (530) 897-6455 High Density Residential(R3) General Plan: Commercial (C) Email: steve@guilloninc.com DESCRIPTION: 35-unit multi-family housing complex on±1.33 acres.See Attached Project Description. ATTACHMENTS: Application, Project Description, Plans, Elevations, Lighting Details ✓r..ryr rirrr, rr�rr.!r1r rrrram.r mr r r.n, r�rrnni.ninarnrrrrry r r rn,nrxrar:rrr rr r r r,rrrc rrar aiurrmei:r.rmnerur rmvrur rnzr�rrirmarr,rrrr,.rrrnr. ». ...r ,-, r. r - .> >> Xlrr. P/U/IrJIYU.'Ir/Vn(/IY//rOP/NYGNr/ll/J/Jp.//rrLrlG/r/EJJ//XIILJNQrryrllrVl➢UdN%,I'IOOOUJOOw'/9AnRYMtUYrIOAYP/arPr/pYr/!i//R/I✓/IAIJP,UNI4UUf11lOJIl OIIdYIIURYHLIUI.dUf6 AlrrllG/PYIIfrY(Yrt IYAC!U1Pl'J1p;g11NIPrY4Pi0Gt}RI/fLYIfrIRL/r'.U1Ur'J2Y/UI(AYi"lr/lQr101/A{lI AN611 rrIIs,IPI,:P. NllrYrrrlvAFf f(P If No qomments, please sign and date below and return this Project Referral Form b the date noted above: r Signature Date S C_v_ ** Please attach any Conditions of Approval with your response ** - ?(-O�0- C-k vv��t c-v� �P-r-i C'.- 0�- seC-N,�o-r�, C9 AC-t--�Jj� rse-,j��e�� b-\ A�—Uc— ATTACHMENT 5 CITY OF UKIAH DESIGN REVIEW BOARD MINUTES Conference Room #3 300 Seminary Avenue Ukiah, CA 95482 October 19, 2017 3:00 p.m. 1. CALL TO ORDER Chair Liden called the Design Review Board meeting to order at 3:00 p.m. in Conference Room No. 3, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Chair Tom Liden presiding. 2. ROLL CALL Present: Member Hise, Nicholson, Hawkes, and Chair Liden Absent: Member Morrow Staff Present: Adele Phillips, Associate Planner Cathy Elawadly, Recording Secretary Others present: Steve Honeycutt, Guillon, Inc. 3. CORRESPONDENCE None was received. 4. APPROVAL OF MINUTES The Minutes from the July 20, 2017 and August 3, 2017 meetings are available for review and approval. M/S Hise/Nicholson to approve July 20, 2017 and August 3, 2017 meeting minutes, as submitted. Motion carried by the following roll call vote: AYES: Member Hise, Nicholson, Hawkes, and Chair Liden. NOES: None. ABSTAIN: None. ABSENT: Morrow. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS Note: The DRB is required by the City Code to review and make a recommendation on all Site Development Permit applications. 6. NEW BUSINESS a. Request for Review and Recommendation to the Planning Commission regarding an application for Major Use Permit, Major Site Development Permit, and Variance to allow the construction of a 35-unit multi-family residence at 215 Norton St. (APN 002-153-04) and 345 N. Main Street (APN 002-153-30); File No. 3085-UP/SDP/VAR-PC. Adele Phillips, Associate Planner provided an overview concerning the scope of the proposed multi-family development, and noted: • The proposed project involves a Major Use Permit, Major Site Development Permit, and a Variance. Page 1 of 4 Minutes of the Design Review Board, October 19, 2017, Continued: • Additional site plans concerning the dimensions and floor plans have been submitted and referred to Sheet AO.1 for the Main Street Village project. • The proposed project consists of two City-owned parcels that would be developed with a 35-unit multi-family housing complex. The Norton Street parcel is zoned High Density Residential (R3) and the Main Street parcel is zoned Community Commercial (Cl). Multi-family residences are a permitted use in the R3 zoning district and a permitted use with approval of a use permit in the C1 zoning district. A Variance is required for the reduction in parking. The C1 zoned parcel is located in the Downtown Parking and Business Improvement District and the Variance is the mechanism that allows for a reduction in parking for new development existing within the district. The R3 zoned parcel built into the R3 zoning code is a means of requesting a parking reduction through the discretionary permit process. • Samples color boards are available for review. Steve Honeycutt, Project Manager and applicant's representative: • Talked about the site plans and design. • Recognizes Ukiah has a storage in housing stock for citizens and would like the project to come to fruition for this reason. Also, there are people who lost their homes in the recent wildfires that need housing accommodations. • In term of walkability explained how the project interconnects with other pedestrian- friendly pathways in the area. • Is of the opinion for proposed project is a good fit for the neighborhood and community. DRB questions: • Asked about pole lighting for the parking lot and lighting on the building. Has concern that lighting might be too bright and cited the City Rail Trail as an example of a brightly lit facility. Proposed that the lighting for the project have a drop diffused lens. • Related to the General Plan goal and policies, will the project provide for solar? • Asked how the noise from the HVAC units will be mitigated. The site plans indicate the units will have a visual shield. The noise could be intrusive to the neighborhood, particularly to the adjoining two-story apartment complex next door. It may be necessary to conduct a sound study. • Will the heating units be electric or natural gas? • Asked about the five-foot setback with regard to the southern side of the property as it relates to fencing. • Requested clarification that for residential zoned areas the setback is 10 feet. Steve Honeycutt: • The intent is to provide for future solar capability. • The air-conditioning units will be mounted on the roof where the barriers around the units would act as a sound shield as well as a screening mechanism. • It is likely the HVAC system would be electric and with gas for operation of the stoves and water heaters, for instance, but no final determination has been made in this regard. Understands that Title 24 standards must be met concerning this aspect of the proposed project. Page 2 of 4 Minutes of the Design Review Board, October 19, 2017, Continued: • Acknowledged the fences are somewhat erratic but the project provides for a five- foot setback to comply with the zoning districts. Adele Phillips, Associate Planner: • The project involves the C1 and R3 zoning districts, and as such, R3 setbacks requirements apply for the project. The setbacks for the front and side yard are five feet and 10 feet for the rear setback for the two-story structure. • Referred to site plan AO.1 and talked about the footprint of the buildings and corresponding setbacks. Steve Honeycutt: • The old building to the north encroaches into the setback area according to today's setback standards. There was DRB discussion concerning the distance between the buildings and requirements thereof, building square footage, setbacks, bicycle and vehicle parking and design type, and providing for sufficient sidewalk widths. Adele Phillips, Associate Planner: • One of the criteria of the zoning code is that when there is two-story, multi-family structures near one another, assurances of privacy must be provided and asked how this matter will be addressed. Steve Honeycutt: • Related to privacy assurance for the residents is open to discussion how this can most effectively be accomplished. There was further DRB discussion whether or not a proposed housing development with 35 units is too dense in terms of having quality living space and privacy. Member Hise does not support approval of the proposed project, as designed. The site design resembles that of a hotel, particularly with the parking spaces essentially right up against and/or within four feet of the bedroom windows allowing anyone to walk right past these windows such that there would be no privacy and the shades likely always drawn as a result. Is of the opinion this is no way to live. Would like to see the project better designed. DRB comments regarding the proposed project: • Install diffuser lens on all down lighting; • Recommend solar PV installation or provide for future capability; Provide for a project description how solar can be accommodated based on California Green Building Code standards and Title 24; Reasonable acoustic buffer for HVAC system on roof; • ADA compliance for the parking spaces required and also sidewalk widths adjacent to the parking spaces as it pertains to safe path of travel. • Mailbox roof appears to be too close to the curb and needs to be pulled back. • Make certain the project complies with the City Zoning Code pertinent to privacy assurance with regard to placement of bedroom windows when there are two-story buildings adjacent to one another or on adjacent properties. Page 3 of 4 Minutes of the Design Review Board, October 19, 2017, Continued. • Review site plans to address any potential issue with full sun exposure on south elevation; • Look at drafting site plan discrepancies pertinent to the property line, roof overhang, and check dimensions/square footage for the `pop-out' and ADA path of travel and/or other connected issues associated with privacy, parking, etc., and possibly provide for some type of screening in this regard. • Make certain the parking for the project is consistent with the UMC City parking requirements regarding parking space sizes for standard/full size and compact spaces as well as meet the back up space requirements for approval by the public works department. • Would like to know the square footage per unit and total square footage for the project. • Project should meet California Green Building Code standards. • Project meet City code regarding daylight plane related to shading structures outside the property line. DRB Optional Considerations: • Consider anticipated electrical costs versus gas that does require compliance with the California Building Code Title 24. • Determine the proposed color scheme for buildings is a good fit for the neighborhood. Motion/Second Nicholson/Hawkes to recommend Planning Commission approval to allow the construction of a 35-unit multi-family residence at 215 Norton Street and 345 N Main Street to incorporate the above-referenced comments into the project design. Motion carried by the following roll call vote: AYES: Member Hawkes, Nicholson and Chair Liden NOES: Member Hise. ABSENT: Member Morrow. ABSTAIN: None. 7. MATTERS FROM THE BOARD DRB discussion regarding DRB packets and the need to see full size landscape and site plans should City staff elect to have paperless packets. 8. MATTERS FROM STAFF None. 9. ADJOURNMENT There being no further business, the meeting adjourned at 4:50 p.m. Cathy Elawadly, Recording Secretary Page 4of4 ATTACHMENT 6 ORDINANCE NO. 1189 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF CHAPTER 2, DIVISION 9 OF THE UKIAH CITY CODE TO SET FORTH IN GREATER DETAIL THE PROCEDURE FOR CALCULATING RESIDENTIAL DENSITY. The City Council of the City of Ukiah hereby ordains as follows: SECTION 1 — FINDINGS The City Council finds: 1. The current City Code does not describe with sufficient specificity whether the calculation of residential density on a given parcel should include, as part of the area of the parcel, adjacent public rights of way such as bounding streets. 2. Measuring the area of a given parcel to the centerline of streets or other public rights of way which are contiguous to the property lines of the parcel for the purpose of calculating residential density is consistent with the applicable provisions of the General Plan for the City of Ukiah. SECTION TWO. 1. Section 9030 in Article 4 of Chapter 2 in Division 9 of the Ukiah City Code, is hereby amended to read as follows: §9030 PURPOSE AND INTENT The medium density residential zoning district is intended to provide land area and opportunities for a range of densities and a variety of housing types, including townhomes, multiple-family residential development, and duplexes. The maximum density is one to fourteen (14) dwelling units per acre of land. The R-2 district is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses. The R-2 zoning district is consistent with the MDR (medium density residential) general plan land use designation. 2. Section 9224.12 in Article 18 of Chapter 2 in Division 9 of the Ukiah City Code, is hereby amended to read as follows (unchanged text is omitted and is shown by §9224.12 MIXED-USE PROJECTS D. Maximum Density: When residential units are combined with office or retail commercial uses in a single building or on the same site, the maximum density allowed by the applicable General Plan land use designation and zoning district shall be calculated on the basis of the total area of the parcel. When calculating density for a particular parcel, City staff shall use the parcel area measured to the center line of streets or other public rights of way such as easements or other dedications for public purposes which are contiguous to the property lines of the parcel. I 3. Section 9225.2, Table 4 is amended to read as follows (unchanged text is omitted and is shown by 44* * *11): §9225.2 APPLICABILITY Table 4: Site Development Standards GENERAL DOWNTOWN MODIFICATION STANDARDS URBAN URBAN CENTER CORE TO STANDARD (1) GU LIC DC (2) RESIDENTIAL DENSITY (Also Subject to Airport Zone Restrictions) (3) Minimum 10 units/ acre 15 units/acre 15 units/acre Major Exception Maximum (4) 28 units/acre 28 units/acre 28 units/acre Major Exception 4. Section 9278 in Article 21 of Chapter 2 in Division 9, Chapter 2 of the Ukiah City Code, is hereby amended to read as follows (unchanged text is omitted and is shown by § 9278 DEFINITIONS DENSITY: The number of dwelling units per acre. When calculating density for a particular parcel, City staff shall use the parcel area measured to the center line of streets or other public rights of way such as easements or other dedications for public purposes which are contiguous to the property lines of the parcel. SECTION THREE. 1. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Ukiah hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. 2. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text 2 i of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 3. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on April 18, 2013„ by the following roll call vote: AYES: Councilmembers Brown, Crane, Mulheren, and Mayor Doble NOES: Councilmember Scalmanini ABSENT: None ABSTAIN: None Adopted on May 2, 2018, by the following roll call vote: AYES: Councilmembers Brown, Crane, Mulheren, and Mayor Doble NOES: Councilmember Scalmanini ABSENT: None ABSTAIN: None Revin Doble, Mayor ATTEST: Kristine Lawler, City Clerk 3 ATTACHMENT 7 369 ORDINANCE NO. 883 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 2605 OF UKIAH CITY CODE TO EXPAND THE BOUNDARIES OF THE PARKING AND BUSINESS IMPROVEMENT DISTRICT WITHIN THE CITY OF UKIAH The City Council of the City of Ukiah hereby ordains as follows: FINDINTGS 1. On December 7, 1988, the City Council adopted Resolution No. 89-18, entitled: Resolution of Intention of the City Council of the City of Ukiah to Change Boundaries of Parking and Business Improvement Area. 2. On January 4, 1989, at 7:00 p.m. at the City Council Chambers located at the Ukiah Civic Center, 300 Seminary Avenue, the City Council held its public hearing on the expansion of the boundaries of the Parking and Business Improvement District. 3. Only one written protest was filed prior to closing the public hearing on January 4, 1989, and that protest did not represent a majority of the fees to be generated within the expanded boundaries. 4. In the opinion of the City Council businesses lying within the expanded boundaries of the Parking and Business Improvement District as described herein will be benefited by the expenditure of the funds raised by the assessments or charges to be levied therein. Section One. Chapter 7, Division 1, Section 2605 of the Ukiah City Code is hereby amended to read as follows: Section 2605 - Area of District The district shall comprise the area described as follows: Beginning at the intersection of the centerline of Oak Street with the centerline of Henry Street; thence easterly along the centerline of Henry Street to its intersection with the southerly extension of the west property line of parcel 002-184-18; thence northerly along the west property line of said property to its northwest corner; thence easterly along its north property line to the intersection with the west property line of parcel 002-184-26; thence northerly along the west property line of said property to its northwest corner; thence northerly and westerly along the west property line of parcel 002-184-11 to the northwest corner of said parcel; thence northerly along the west property line of parcel 002-184-31 to its northwest corner; thence easterly along the north property line of said parcel to its intersection with the west propertly line of parcel 002-184-02; thence northerly and westerly along the west property line of said parcel to its intersection with the centerline of Scott Street; thence easterly along the centerline of Scott Street to its intersection with the centerline of State Street; thence northerly along the centerline of State Street to its intersection with the centerline of Norton Street; thence easterly along the centerline of Norton Street to its intersection with the northerly extension of the east property line of parcel 002-153-28; thence southerly along the east property line of said parcel to the southeast corner of said parcel; thence easterly along the north property line of parcel 002-153-30 to the northeast corner of said property; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-153-34 to its southeast corner; thence southerly along the east property line of parcel 002-150-33 to its southeast corner; thence southerly along the east property line of parcel 002-153-29 to its southeast corner; thence southerly along the east property line of parcel 002-153-27 to its intersection with the north property line of parcel 002-191-14; thence easterly along said north property line of said property to its northeast corner; thence southerly along the east property line of said property to its southeast corner; thence westerly along the south property line of said parcel to its intersection with the east property line of parcel 002-191-08; thence southerly along the east property line of said parcel to its southeast corner; thence a straight line southerly across Smith Street to the northeast corner of parcel 002-192-01; 370 thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-192-02 to its southeast corner; thence southerly along the east property line of parcel 002-192-03 to its southeast corner; thence a straight line southerly across Standley Street to the northeast corner of parcel 002-192-18; thence southerly along the east property line of said parcel to its southeast corner; thence a straight line southeasterly across Perkins Street to the northeast corner of parcel 002-231-01; thence southerly along the east property line of said property to its southeast corner; thence southerly along the east property line of parcel 002-231-02 to its southeast corner intersecting the north property line of parcel 002-231-09; thence easterly along the north property line of said parcel to its northwest corner; thence southerly along the east property line of subject parcel to its southeasterly corner; thence westerly along the south property line of said parcel to its intersection with the east property line of parcel 002-231-27; thence southerly along the east property line of said parcel to its southeast corner; thence westerly along the south property line of said parcel to its intersection with the east property line of parcel 002-231-25; thence southerly along the east property line of said parcel to its intersection with the north property line of parcel 002-231-16; thence easterly along the north property line of said parcel to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence a straight line southwesterly across Clay Street to the northeast corner of parcel 002-281-27; thence southerly and easterly along the north and east property lines of said parcel to its southeast corner; thence westerly and southerly to the southwest corner of said property intersecting the northwest corner of parcel 002-281-24; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-281-21; thence a straight line southwesterly across Cleveland Lane to the northeast corner of parcel 002-311-01; thence southerly along the east property line of said parcel to its southeast corner; thence southerly along the east property line of parcel 002-311-12 to its southeast corner; thence southerly along the east property line of parcel 002-311-05 to its southeast corner; thence easterly along the north property line of parcel 002-311-06 to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence easterly along the north property line of parcel 002-311-07 to its northeast corner; thence southerly along the east property line of said parcel to its southeast corner; thence westerly along the south property line of said parcel to its southwest corner; thence westerly along the south property line of parcel 002-302-36 to its intersection with the southeast corner of parcel 002-302-29; thence northerly along the east property line of said parcel to its northeast corner; thence westerly along the north property line of said parcel to its northwest corner; thence a straight line westerly across Main Street to the southeast corner of parcel 002-302-27; thence westerly along the south property line of said parcel to its southwest corner; thence westerly and northerly along the south property line of parcel 002-302-26 to its southwest corner; thence westerly along the south property line of parcel 002-302-17 to its southwest corner; thence a straight line southwesterly across South State Street to the southeast corner of parcel 002-301-03; thence westerly along the south property line of said parcel to its southwest corner; thence northerly along the west property line of said parcel to its intersection with the south property line of parcel 002-301-37; thence westerly along the south property line of said parcel to its southwest corner; thence in a straight line northwesterly across Oak Street to the southeasterly corner of parcel 001-304-03; thence westerly along the south property line of said parcel to its southwest corner; thence westerly along the south property line of parcel 001-304-02 to its southwest corner; thence northerly along a west property line of said parcel to its northwest corner; thence a straight line northerly across Mill Street to the southwest corner of property 001-294-26; thence northerly along the west property line of said parcel to its northwest corner; thence northerly along the west property line of parcel 001-294-27 to its northwest corner; thence easterly along the north property line of said parcel to its intersection with the west property line of parcel 001-294-11; thence a straight line northeasterly across Jones Street to the southwest corner of parcel 001-293-12; thence northerly along the west property line of said parcel to its northwest corner; thence northerly along the west property line of parcel 001-293-11 to its northwest corner; thence westerly along the north property line of 371 parcel 001-293-10 to its northwest corner; thence westerly along the north property line of parcel 001-293-09 to its northwest corner; thence westerly along the north property line of parcel 001-293-08 to its northwest corner; thence westerly along the north property line of parcel 001-293-13 to its northwest corner; thence westerly along the north property line of parcel 001-293-06 to its northwest corner; thence westerly along the north property line of parcel 001-293-05 to its northwest corner; thence westerly along the north property line of parcel 001-293-04 to its northwest corner; thence westerly along the north property line of parcel 001-293-03 to its northwest corner; thence westerly along the north property line and property line extension of parcel 001-293-01 to its intersection with the centerline of Dora Street; thence northerly along said centerline of Dora Street to its intersection with the centerline of Clay Street; thence easterly along said centerline of Clay Street to its intersection with the centerline of Oak Street; thence northerly along the centerline of Oak Street to its intersection with the centerline of Henry Street and the point of the beginning. �asr onrn:R nrzcnve n�i,o,„aa - �e . Section Two. This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section Three. This Ordinance shall become effective on June 30, 1989. PASSED AND ADOPTED this 1st day of February 1989, by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Hickey and Vice-Mayor Schnei*. NOES: None ASSENT: Mayor Henderson AT Vice-Mayor �S ' r city ler R:Ordl ATTACHMENT 8 policies Chapter 2 Table 2A Compatibility Criteria Mendocino County Airport Land Use Commission ..........iVl......................... ..... ........ ....... . ............... . ................0.. .. ....... ............ W.. P. Q ... . ... ...... Runway Protection Zone or - High Risk 0 10 All within Building Restriction - High noise levels Remaining Line Required Approach/Departure Zone - Substantial risk-aircraft 10 acres 60 30% and Adjacent to Runway commonly below 400 ft. Required AOL or within 1,000 ft.of runway • Substantial noise Extended Moderate risk-aircraft 2 acres 60 30% Approach/Departure Zone commonly below 800 ft. Recommended AOL • Significant noise Common Traffic Pattern Limited risk-aircraft at or 15 units ISO 15% below 1,000 ft.AOL per acre Recommended • Frequent noise intrusion Other Airport Environs Negligible risk No No No • Potential for annoyance Limit Limit Requirement from overflights ............. ...... ............. ............... .. .................... .. ...... ..... ,4-41 .............;.. . ... ..... ................... .. ........ .. ........... ................... .. ................ ............. ......... .............000 0 4.......... .......... ................ . ........... ......... .......... ............. X ........... ..... . ............ . .. ...... . ..... .... ........ ......... ......... Dedication of avigation - Aircraft tiedown • Heavy poles,signs, All structures except ones with location set by easement apron large trees,etc. aeronautical function - Pastures,field crops, • Assemblages of people vineyards • Objects exceeding FAR Automobile parking Part 77 height limits ...... Hazards to flights - Schools,day care Locate structures - Uses In Zone A - Residential centers,libraries maximum distance from - Single-story offices subdivisions - Hospitals,nursing homes extended runway . Single-family homes - Intensive retail . Highly noise-sensitive centerline on an existing lot uses uses(e.g.amphitheaters) Dedication of avigation - Low-intensity retail, - Intensive . Storage of highly easement office,etc. manufacturing or flammable materials' - Low-intensity food processing . Hazards to flights manufacturing uses - Food processing - Multiple story offices - Hotels and motels . ......... • Multi-family residential Schools Dedication of overflight - Uses In Zone B Large shopping • Hospitals,nursing easement for residential - Parks,playgrounds malls homes' uses - Two-story motels Theaters, • Hazards to flights - Residential auditoriums subdivisions Large sports II - Intensive retail uses stadiums - Intensive Hi-rise office manufacturing or buildings food processing uses •K.: Multi-family residential Hazards to flights Deed notice required for All except ones residential development hazardous t:fllqht 2-6 Policies /Chapter 2 Table 2A Continued Compatibility Criteria Mendocino County Airport Land Use Commisslori NOTES 1 Residential parcels should not be smaller than the indicated size nor have more than the indicated number of units per acre. Maximum_ densities expressed in acres are gross acres; those expressed in units per acre are net acres. 2 The land use should not attract more than the indicated number of people per acre at any time. This figure should include all individuals who may be on the property (e.g., employees, cus- tomers/visitors, etc.). These densities are intended as general planning guidelines to aid in determining the acceptability of proposed land uses. Special short-term events related to aviation (e.g., air shows), as well as non-aviation special events, are exempt from the maximum density criteria. 3 Open land requirements are intended to be applied with respect to the entire zone. This is typically accomplished as part of the community's master plan or a specific plan. 4 These uses typically can be designed to meet the density requirements and other development conditions listed. 5 These uses typically do not meet the density and other development conditions listed. They should be allowed only if a major community objective is served by their location in this zone and no feas- ible alternative location exists. 6 See Policy Section 3.3. 7 May be modified by airport-specific policies. 8 In those portions of the 8 Zones located lateral to the runway, no restrictions on the storage of flammables apply. Within the balance of the B1 and B2 Zones, up to 2,000 gallons of fuel or flammables is allowed per parcel. More than 2,000 gallons of fuel or flammaUes per parcel within the balance of the 131 and B2 Zones requires the review and approval by ths ALUC. See Appendix G for a diagram of typical area lateral to the runway. 9 Refer to Policy 3.2.3. for definitions which distinguish between hospitals and, aeadical clinics. 2 - 7 Individual Airport Policies and Comps.tibility Maps/Chapter 3 6. Ukiah Municipal Airport 6.1. Lands within the A* and B1*zones are currently not under airport ownership. However, it is the intention of the City of Ukiah to provide long-term control of the land uses within these areas by either acquiring the property in fee or obtaining approach protection easements restricting the type and density of land uses permitted. 6.2. The B2 zone north of the Airport largely encompasses existing development. Some vacant land remains, however, and redevelopment of other parcels is anticipated. The Infill policy (Policy 2.1.6)of the County-wide Compatibility Plan is applicable to the entirety of this B2 zone. This policy allows new development of a similar intensity to that of surrounding, already existing, uses. A survey of the area has been conducted to determine the current types and intensity of uses. The following limits on future development of this zone are set accordingly: (1) New residential development is discouraged in this zone. However, where such development is considered the best land use for a particular parcel with regard to general city planning factors, high-density, multifamily residential development shall—because of its lower sensitivity to noise compared to single-family residential uses—be deemed normally acceptable. Any new multifamily residential development shall not exceed 28 dwelling units per acre. Any proposed multifamily residential development greater than four acres shall maintain a minimum of 30 percent open lands including non enclosed automobile parking lots, major landscaping areas and a share of adjacent roads. New single-family residential uses shall continue to be regarded as normally unacceptable. (2) Non-residential uses shall not exceed 90 people per acre. (3) Routinely occupied portions of buildings shall not exceed two stories in height(equipment rooms, etc., are exempt). (4) Restaurants and motels are acceptable uses in the B2 infill zone provided that they do not exceed the above two criteria. (5) An existing school or hospital located within the B2 infill zone may be expanded provided that the buildings are single story and the use does not exceed an intensity of 60 people per acre. 6.3. Recording of a Deed Notice is considered an acceptable alternative to dedication of an avigation or overflight easement in the B2 and C zones. 6.4. Establishment of a Real Estate Noise Disclosure requirement shall be considered an acceptable alternative to a Deed Notice requirement in the D zone. 3 - 14 ATTACHMENT 2 1 2 FINDINGS TO ADOPT A USE PERMIT/SITE DEVELOPMENT 3 PERMIT AND VARIANCE FOR THE 4 MAIN STREET VILLAGE PROJECT 5 345 NORTH MAIN STREET & 215 NORTON STREET 6 FILE NO.: 3085 7 8 9 Recommendation for the Approval of the Major Use Permit/Site Development Permit and 10 Findings: The Community Development Department's recommendation for conditional approval 11 of Major Use Permit/Site Development Permit and Variance, File No. 3085 to construct a market 12 rate 35-unit multifamily complex project, including associated improvements, is based in part on 13 the following findings, in accordance with UCC §9262, 9263 and 9264: 14 15 Use Permit and Site Development Permit Findings 16 17 1. The proposed project is consistent with the goals, objectives, and policies of the Ukiah 18 General Plan because it provides housing to a diversity of populations, supports the 19 local economy, promotes infill development, promotes alternatives modes of 20 transportation, and incorporates water saving landscaping and energy efficiency 21 features. 22 23 2. The Project is consistent with the use and development standards for the Airport Land 24 Use Master plan and qualifies for Infill Policy 2.1.6, which allows flexibility for new 25 development of similar intensity to that of surrounding, already, existing uses. 26 27 3. The project is consistent with the land use development standards contained within 28 Ukiah City Code Sections 9045-9053 (Regulations in R3 Districts) and Sections 9080- 29 9088 (Regulations in C1 Districts). Additionally, it is consistent with Ordinance No. 30 1189, Ordinance of The City Council of the City of Ukiah Amending Various Sections 31 of Chapter 2, Division 9 of The Ukiah City Code to Set Forth in Greater Detail the 32 Procedure for Calculating Residential Density. 33 34 4. Through architectural design and input from the Design Review Board, the project 35 provides sufficient variety, creativity, and articulation to the architecture and design of 36 the structure(s) and grounds to avoid monotony and/or a box-like uninteresting 37 external appearance. 38 39 5. As conditioned, the project's development will not be detrimental to the public's health, 40 safety, or general welfare. The project has been reviewed by the following agencies to 41 ensure compliance with the Ukiah City Code and other local codes and regulations: 42 Ukiah Valley Fire District, City of Ukiah Public Works, City of Ukiah Police Department, 43 City of Ukiah Electric Utility, City of Ukiah Building Official, the Mendocino County 44 Airport Land Use Commission, Mendocino County Air Quality Management District, 45 Mendocino Transit Authority, the State Regional Water Quality Control Board, and 46 Sonoma State University Northwest Information Center. Comments have been 47 included as Conditions of Approval. 48 49 6. The project will not cause significant adverse environmental impacts or excessively 50 damage or destroy natural features. The project site contains no habitat value for Findings for Use Permit/Site Development Permit and Variance Main Street Village 345 Main Street and 215 Norton Street File No.: 3085 1 I endangered, rare or threatened species and the site has been previously disturbed. 2 Approval of the project would not result in any significant effects to traffic, noise, air 3 quality or water quality. The site was previously developed with residential uses, 4 similar to the proposal. Since then the site has been routinely mowed and no trees 5 exist on site. The proposed development will not excessively damage or destroy 6 natural features, including trees, shrubs, creeks, and the natural grade of the site. 7 8 7. Sufficient landscaped areas have been reserved for purposes of separating or 9 screening the proposed structure(s) from the street and adjoining building sites, and 10 breaking up and screening large expanses of paved areas. 11 12 8. City services are available to serve the Project. The Project has been reviewed by 13 Public Works Department, Electric Utility, Fire Marshal, and Building Official, and 14 conditioned to ensure adequate services and utilities are available to serve the project. 15 16 9. The location, size, and intensity of the proposed project will not create a hazardous or 17 inconvenient vehicular or pedestrian traffic pattern. The proposed project provides two 18 access points on both N. Main Street and Norton Street, deemed adequate by the 19 Public Works and Fire Department. The Project includes pedestrian and bicycle 20 access to the downtown area, providing convenient vehicle and pedestrian traffic 21 patterns. 22 23 Variance Findings 24 25 10. Due to the size of the property, its proximity to the downtown and local transit system, 26 and alternative transportation design components such as bike and pedestrian 27 opportunities, the proposed project and approval of the parking variance would provide 28 adequate circulation and transportation for the project. The strict application of the 29 zoning regulations (parking requirements) would not allow the site to be developed to 30 the best use and highest intensity allowed within the R3 Zoning District would not allow 31 the project to advantage of Ordinance No. 1189. Additionally, this project provides 32 needed middle-income housing, as prioritized in the 2017 City of Ukiah Housing 33 Strategy. 34 11. The City's 2014-2019 Housing Element (Adopted 2016) of the General Plan identifies 35 the need for housing of all income categories, and identifies vacant and underutilized 36 infill parcels as the best place to site new housing development. This includes parcels 37 that are close to existing infrastructure and situated along transportation corridors, 38 and are close to the downtown, retail opportunities, medical services, and professional 39 offices. The Main Street parcel is identified as a vacant parcel in the Housing Element 40 and is located on an infill parcel within the Ukiah Downtown Core area, close to existing 41 transit and infrastructure, as well as commercial, employment and retail opportunities. 42 In addition, because the project proposes a middle-income 35-unit multi-family 43 complex the project supports the housing strategy and needs identified in the Housing 44 Element and Regional Housing Needs Allocation. Therefore, issuance of the proposed 45 variance would not constitute a grant of special privilege inconsistent with the 46 limitations upon other properties in the vicinity and subject to identical zoning 47 regulations. Findings for Use Permit/Site Development Permit and Variance Main Street Village 345 Main Street and 215 Norton Street File No.: 3085 2 1 12. The grant of the variance would not be detrimental to surrounding property owners. 2 The proposal for the reduction in parking has been thoroughly analyzed. The project 3 has been reviewed by the following agencies and their comments have been included 4 as Conditions of Approval to ensure compliance with all applicable health and safety 5 codes: Ukiah Valley Fire District, City of Ukiah Public Works, City of Ukiah Police 6 Department, City of Ukiah Electric Utility, City of Ukiah Building Official, the 7 Mendocino, and the Mendocino County Air Quality Management District. 8 9 13. Notice of the Public Hearing was provided in the following manner: 10 11 • Published in the Ukiah Daily Journal May 20, 2018 12 • Posted on the Project site May 18, 2018 13 • Posted at the Civic Center (glass case) 72 hours prior to hearing 14 • Mailed to property owners within 300 feet of the parcels included in the project on 15 May 18, 2018 16 Findings for Use Permit/Site Development Permit and Variance Main Street Village 345 Main Street and 215 Norton Street File No.: 3085 3 ATTACHMENT 3 1 2 CONDITIONS OF APPROVAL 3 TO ADOPT A USE PERMIT/SITE DEVELOPMENT 4 PERMIT AND VARIANCE FOR THE 5 MAIN STREET VILLAGE PROJECT 6 345 NORTH MAIN STREET & 215 NORTON STREET 7 FILE NO. 3085 8 9 10 The following Conditions of Approval shall be made a permanent part of the Major Use Permit/Site 11 Development Permit and Variance, File No. 3085, shall remain in force regardless of property 12 ownership, and shall be implemented in order for this entitlement to remain valid. 13 14 Approved Project Description. An application was received from Steve Honeycutt on behalf of 15 Guillon Inc. for approval of a Major Use Permit/Major Site Development Permit and Parking 16 Variance to allow for the construction of a 24,414 sq.ft., 35-unit market-rate multi-family housing 17 complex. The project includes the following components: 18 Construction of two separate structures: 19 o Building A: two-story 19-unit building (13, 2016 sq.ft. total), which will also 20 contain a manager's office, storage, and secured indoor bicycle storage; and 21 o Building B: two-story 16-unit building (11,208 sq.ft.). 22 o All residential units are two bedroom/one bath units. 23 0 A total of 55 vehicle parking spaces and a total of 32 bicycle parking spaces (12 outdoor and 24 20 indoor). 25 0 Landscaping provided throughout the site with a wide combination of ground cover and 26 shrubs. 26 new trees will be planted. 27 0 Stormwater Low Impact Development features such as inceptor trees, vegetative swales, 28 and vegetated buffer strips. 29 0 A large grass area installed at the southeastern corner of the site, giving tenants open space 30 access, space for barbequing, benches and recreational opportunities. 31 0 Access provided via two-directional driveways on both Norton and Main streets. 32 0 Lighting fixtures in the parking lot, driveways and building entrances/walkways. All lights 33 would be night sky compliant with full shields and directed downward. 34 0 Site served by City sewer, water and electric. 35 SPECIAL CONDITIONS 36 37 1. Approval of the UP and SDP is subject to the following two conditions which must be 38 satisfied before the permits become effective: (1) Approval of the application for a 39 Variance and (2) Ordinance No. 1189, Ordinance of The City Council of the City of Ukiah 40 Amending Various Sections of Chapter 2, Division 9 of The Ukiah City Code to Set Forth 41 in Greater Detail the Procedure for Calculating Residential Density ("Ordinance"), 42 becoming effective, as further detailed in the Conditional Approval Agreement, dated May 43 1, 2018, which is on file with the Community Development Department. Building permits 44 for this project shall not be issued prior to the satisfaction of both special conditions. 45 2. Prior to issuance of building permits, the two existing lots shall be merged into one. The 46 merger shall be recorded with the County and a final copy of the recorded map will be 47 provided to the City. Conditions of Approval Major Use Permit/Site Development Permit and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 1 1 2 3. Prior to issuance of building permits, a demolition permit shall be acquired to remove the 3 existing residence. 4 5 4. A dedication of avigation easement or a Deed Notice shall be recorded and a copy of the 6 recorded document shall be provided to the Community Development Department prior to 7 issuance of building permits. 8 9 10 STANDARD CONDITIONS OF APPROVAL 11 12 5. This approval is not effective until the 10-day appeal period applicable to this Use Permit 13 and Site Development Permit has expired without the filing of a timely appeal. If a timely 14 appeal is filed, the project is subject to the outcome of the appeal and shall be revised as 15 necessary to comply with any modifications, conditions, or requirements that were 16 imposed as part of the appeal. 17 18 6. All Conditions of Approval shall be printed on all sets of building permit project plans 19 pertaining to any site preparation work or construction associated with the development 20 of the multi-family project and ancillary site improvements approved by the Use Permit 21 and Site Development Permit. 22 23 7. All use, construction and the location thereof, or occupancy, shall conform to the 24 application and to any supporting documents submitted therewith, including any maps, 25 sketches, or plot plans accompanying the application or submitted by applicant in support 26 thereof. 27 28 8. Any construction shall comply with the "Standard Specifications" for such type of 29 construction now existing or which may hereafter be promulgated by the Engineering 30 Department of the City of Ukiah; except where higher standards are imposed by law, rule, 31 or regulation or by action of the Planning Commission such standards shall be met. 32 33 9. Building permits shall be issued within two years after the effective date of the Use Permit 34 or same shall be null and void. 35 36 10. If any use permitted shall cease for six (6) consecutive months, then the right to any Use 37 Permit permitting such use shall terminate and such Use Permit shall be revocable by the 38 granting body. 39 40 11. If any condition is violated or if any required approval is not obtained, then the Use Permit 41 granted shall be null and void; otherwise to continue in full force and effect indefinitely until 42 otherwise terminated and shall run with the land. 43 44 12. The approved Use Permit may be revoked through the City's revocation process if the 45 approved project related to the permit is not being conducted in compliance with the 46 stipulations and conditions of approval; or, if the project is not established within two (2) 47 years of the effective date of approval; or, if the established use for which the permit was 48 granted has ceased or has been suspended for twenty-four (24) consecutive months. 49 Conditions of Approval Major Use Permit/Site Development Permit and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 2 1 13. Except as otherwise specifically noted, any Use Permit shall be granted only for the 2 specific purposes stated in the action approving such Use Permit and shall not be 3 construed as eliminating or modifying any building, use, or zone requirements except as 4 to such specific purposes. 5 6 14. In addition to any particular condition which might be imposed; any construction shall 7 comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, 8 regulations, and ordinances in effect at the time the Building Permit is approved and 9 issued. 10 11 15. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 12 7, Signs, of the UCC. 13 14 16. The Applicant shall follow the City of Ukiah Tree Management Guidelines, as feasible. 15 16 MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT CONDITIONS 17 17. This project is subject to District Regulation 1 regarding air quality permits. The applicant 18 is required to obtain an Authority to Construct permit from the District prior to beginning 19 construction and/or installation of the equipment. 20 21 18. Diesel Engines— Stationary and Portable Equipment and Mobile Vehicles: 22 • Any stationary onsite diesel IC engines 50 horsepower or greater (i.e. large power 23 generators or pumps) or any propane or natural gas engines 250 horsepower or 24 greater may require a permit from the District. 25 • Portable diesel powered equipment that may be used during the proposed project are 26 required to be registered with the state Portable Equipment Registration Program 27 (PERP) or obtain permits from the District. 28 • Projects located adjacent to sensitive receptors (schools, child care facilities, health 29 care facilities, senior facilities, businesses, and residences, etc.) during the 30 construction phase of this project have the potential for exposure to diesel particulate. 31 • Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is 32 limited to less than 5 minutes. 33 34 19. Demolition Projects: Single Family Dwellings Less Than Four (4) Units 35 a. Prior to receiving a Demolition/Renovation Permit from the Planning &Building Agency 36 the applicant is required to: 37 Submit a completed Asbestos Demolition/Renovation form to the District and 38 obtain written authorization from the District. 39 40 20. Grading Projects: All grading activities must comply with the following fugitive dust 41 mitigation measures in accordance with District Regulation 1, Rule 1- 430: 42 a. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust 43 emissions. 44 b. All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall 45 have a posted speed limit of 10 miles per hour. 46 c. Earth or other material that has been transported by trucking or earth moving 47 equipment, erosion by water, or other means onto paved streets shall be promptly 48 removed. Conditions of Approval Major Use Permit/Site Development Permit and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 3 I d. Asphalt, oil, water or suitable chemicals shall be applied on materials stockpiles, and 2 other surfaces that can give rise to airborne dusts. 3 e. All earthmoving activities shall cease when sustained winds exceed 15 miles per hour. 4 f. The operator shall take reasonable precautions to prevent the entry of unauthorized 5 vehicles onto the site during non-work hours. 6 g. The operator shall keep a daily log of activities to control fugitive dust. 7 8 21. Prior to starting any construction, the applicant is required to: 9 a. Submit a Large Area Grading permit application to the District. 10 b. Obtain a final determination from the Air Quality Management District as to the need 11 for an Asbestos Dust Mitigation Plan and/or Geologic Survey to comply with CCR 12 sections 93106 and 93105 relating to Naturally Occurring Asbestos. 13 c. Obtain written verification from the District stating that the project is in compliance with 14 State and local regulations relating to Naturally Occurring Asbestos. 15 16 22. Property Development: Prior to starting any construction the applicant is required to: 17 a. Obtain a Property Development Permit from the District for any open outdoor burning. 18 b. Obtain a Large Area Grading Permit, if applicable 19 The District recommends that the applicant consider alternate means of 20 disposal other than open burning, such as cutting the majority of the larger 21 material up as firewood, and chipping smaller material, if feasible to mitigate 22 impacts from open outdoor burning. 23 24 23. Installation of Wood Burning Devices: 25 a. Installation of new wood burning devices is prohibited by District Regulation 4 with the 26 following exceptions: 27 • Wood burning appliances in existing residential, commercial or public 28 buildings designated as a historical site. 29 • The installation of wood burning appliances on display at a retail business 30 whose purpose is the sale of wood burning appliances to the public. 31 • Fireplaces and wood burning appliances installed on railroad equipment that 32 is owned and/or operated by an active railroad or public museum. 33 • Wood burning appliances used primarily in the preparation of food. 34 • Wood burning appliances used in compliance with all other local, state and 35 District regulations for recreational outdoor heating. 36 b. Building officials are prohibited from issuing a Certificate of Occupancy or approving a 37 final building inspection until one of the following has been documented; 38 1) The authorized local building official observes and documents that no wood 39 burning appliances have been installed, or; 40 2) The project is a residential dwelling of three units or less and not part of a 41 new major subdivision subject to Rule 4.1-400 (e) and; 42 • The authorized local building official observes and documents the 43 presence of EPA 44 • certification labels on all installed wood burning appliances on the 45 premises, or; 46 1) The authorized local building official observes and documents that only pellet 47 fueled wood 48 2) burning appliances have been installed, or; Conditions of Approval Major Use Permit/Site Development Permit and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 4 1 • The Air Pollution Control Officer has issued a statement, in writing, that 2 the project is exempt from this Regulation, or 3 • The Air Pollution Control Officer has issued a statement, in writing, that 4 the project is in compliance with this Regulation. 5 6 24. New Commercial Development Mitigation Recommendations: 7 a. New Road Construction: The District recommends that at a bare minimum 8 all roads be covered with a sealant or rocked to prevent fugitive dust 9 emissions. 10 b. Parking Lot Tree Planting: The District recommends that commercial parking 11 lot tree planting be defined as no less than 1 tree per 4 parking spaces to 12 provide a beneficial reduction in summer heat gain. 13 c. Mass Transit: The District recommends that applicant work in conjunction 14 with the local Transit Authority (MTA) to provide a shelter in addition to the 15 concrete pad so that the benefits and incentives to use mass transit would 16 be immediately available. 17 d. Electric Vehicle Charging: To further mitigate impacts to local air quality, it is 18 recommended that applicant encourage the use of low emission vehicles by 19 providing a minimum of 2, AC Level 2, electric vehicle charging stations. 20 21 Fire Marshal Conditions 22 25. A lighted map directory shall be installed at the Main Street entrance. On director for the 23 North set of apartments and one for the South set of apartments. City Ordinance 5214, 24 Section 505.4. 25 26. All electrical and gas locations shall be labeled according to apartment number. 26 27. Apartment addresses, must be visible from the driveway, or street front the unit. 27 Contrasting colors of letter or numbers shall be required. Ca Fire Code, Sec 505.1. 28 28. Electrical/Utility room located behind on site office shall have entrance door labeled to 29 indicate "Electrical'. Ca Fire Code, 2016 Edition, Sec. 509.1. 30 29. Two on-site fire hydrants shall be required. One at each entrance, Main Street and Norton 31 Street, on either side of the driveway. Appendix C, Ca Fire Code, 2016 edition. 32 30. Type 2-A rated fire extinguishers shall be required as located on the plans provided. 33 Location suggestions can be found on page A2.1 and A2.2 (fire and second floors, 34 respectively). Ca Fire Code, 2016 edition. 35 31. Where access to or within a structure or an area is restricted because of a secured opening 36 and "Knox Box" shall be required, and keys shall be placed for emergency fire department 37 operations. Ca Fire Code, Sec. 506. 38 39 Electric Utility Department Conditions 40 32. This property will be served from Under Ground utilities. 41 Developer is to provide EUSERC approved electrical equipment that is to be used in this 42 project. 43 33. All future site improvements shall be submitted to the Electric Department for review and 44 comment. At this time, specific service requirements, service Voltage and developer cost Conditions of Approval Major Use Permit/Site Development Permit and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 5 I s and requirements will be determined. 2 34. Developer shall provide projected load calculations to the EUD 3 35. Developer/customer shall incur all costs of this future project (labor, materials, equipment 4 and future services) 5 36. There shall be an easement provided to the EUD for any electric service that transverses 6 through the property, or around any City owned Electric equipment. 7 8 Building Department Conditions 9 37. Submit plans and building permit application. Please submit three complete plan sets, two 10 wet stamped and signed. 11 12 38. The design and construction of all site alterations shall comply with the 2016 California 13 Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical 14 Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24 California 15 Energy Efficiency Standards, 2016 California Green Building Standards Code and City of 16 Ukiah Ordinances and Amendments. 17 18 39. The City of Ukiah Building Division enforces CBC Chapters 11A and 11 B for disabled 19 access compliance and does not review ADA. Reference CBC Chapters 11A and 11 B. 20 21 Public Works Conditions 22 23 40. Prior to construction of site improvements, a final grading and drainage plan, and an 24 erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for 25 review and approval by the Department of Public Works. The plan shall include the 26 detailed design of the proposed storm water best management practices (BMPs). 27 Drainage improvements shall be in compliance with the City of Ukiah's Phase I Storm 28 Water Permit and the 2017 Low Impact Development Technical Design Manual (LID 29 Manual). A final Storm Water Low Impact Development Submittal (SWLIDS) and Drainage 30 Report shall be provided to support the design of the proposed drainage system. 31 32 41. Since the project area disturbs greater than one acre, the applicant must obtain a Storm 33 Water Permit from the Regional Water Quality Control Board, prior to construction. The 34 Storm Water Pollution Prevention Plan shall be prepared by a Qualified SWPPP 35 Developer, and implemented by a Qualified SWPPP Practitioner. Also, an Air Quality 36 Permit from the Mendocino County Air Quality Management District will be required. 37 38 42. The project engineer shall provide direct oversight and inspection during project 39 construction, with special attention to implementation of best management practices for 40 sediment and erosion control, and the proper grading, installation, and landscaping of 41 post-construction stormwater BMPs. Upon completion of the work, a report shall be 42 submitted by the project engineer to the Department of Public Works stating that the 43 stormwater BMPs have been completed in accordance with the approved plans, final 44 SWLIDS, and conditions of approval, shall function as intended, and all areas have been 45 permanently stabilized to prevent sediment and erosion. 46 Conditions of Approval Major Use Permit/Site Development Permit and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 6 1 43. Maintenance and inspection of all post-construction best management practices (BMPs) 2 are the responsibility of the property owner. In accordance with the LID Manual, a legally 3 binding, signed maintenance agreement approved by the City of Ukiah is required for the 4 proposed stormwater treatment planters and all post-construction BMPs, and shall be 5 recorded prior to final approval of the building permit. 6 7 44. Sidewalk and driveway improvements within the street right-of-way shall meet accessibility 8 requirements. Prior to construction, improvement plans shall be prepared by a Civil 9 Engineer and approved by the Department of Public Works for all improvements within 10 the street rights-of-way. Public sidewalks located outside of the street right-of-way will 11 require a sidewalk easement dedicated to the City. 12 13 45. Street trees shall be spaced approximately every 30' along project street frontages within 14 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard 15 Drawing No 601. Tree types shall be approved by the City Engineer. 16 17 46. Any existing curb, gutter and sidewalk in disrepair adjacent to the subject property shall 18 be repaired. Abandoned driveway approaches and curb openings shall be removed. All 19 work shall be done in conformance with the City of Ukiah Standard Drawings 101 and 102 20 or as directed by the City Engineer. 21 22 47. All work within the public right-of-way shall be performed by a licensed and properly 23 insured contractor. The contractor shall obtain an encroachment permit for work within this 24 area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of 25 estimated construction costs. 26 27 48. All areas of circulation shall be paved with a minimum of 2 of AC on 6 of Base or other 28 suitable all-weather surface approved by the City Engineer. This includes the proposed 29 driveways and parking areas. If heavy truck traffic is anticipated from the solid waste 30 company, delivery trucks, or other heavy vehicles, the pavement section shall be 31 calculated appropriately to ensure that it can withstand the loading. 32 33 49. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and 34 tested, and repaired or replaced if required. If an existing lateral is to be abandoned, it 35 shall be abandoned at the main to the satisfaction of the Public Works Department. Sewer 36 connection fees shall be paid at the time of building permit issuance. 37 38 50. Capital Improvement fees for water service are based on the water meter size. A fee 39 schedule for water meter sizes is available upon request. Additionally, there is a cost for 40 City crews to construct the water main taps for the proposed water services to serve the 41 project. 42 43 51. Irrigation services shall have approved backflow devices. Conditions of Approval Major Use Permit/Site Development Permit and Variance Main Street Village 345 N. Main Street and 215 Norton Street File No.: 3085 7 ATTACHMENT 4 300 Serninaary Avenue Ukiah, CA. 95482 June 11, 2018 t�' ( J G r r r City Manager Sage Sarnnacaomo cii ty 0 f Ukiialn p300 Seminary AVCn Ue K .Wa h, CA. 954 2 Dear Mr, Sa:atn iaconnno, This letter is rnny appeal of the conditional approval of'a Major Use Permit, Mapor Site Development Permit, and Parking Variance granted to ClUillonn, Inc;, by the Ukiah Planning Commission on May 30, 201 8, for a project titled Main Street Village. The reasons include, bu.nt are not pirnited to, the f'ollowiun,g poiunt.s. A c;c:rnnnpr ete list will be provided in advance of the agenda to be published for they PLiblica Flearing ofthe appeal. I. Acreage calculations are onift.ted tp-om the St.all'Rep ort, and the acreages mentioned do not match those in the Assessor's Parcel map and in the aerial Site Map, 2. App units are two bedroom/one bath, and look to be identical in the Overall Level f Floor Plans, which does not meet the General Plan 'goaul to meet the diverse needs of'the pnacnpnoulatioan in terms ofmia9ed types and a t(`fordaabipity of hcrn.asin'o . p....evel 2 floor plans were omitted fronn'a the doca.aanneuntatioru provided to the Planning Commission, which makes the review of'the paroyect invalid. 3. The parcel on Norton Street is intended to be aa, driveway with nno straactuares, which does not meet its General Plan designation of R") (Fligh Density Residential), which is intended for apartment and tONN1111otase PI.Ojects. 4. The intended zoning of"t.lne mer ed parcels is omitted. (Thi's affects at least setbacks and pn6ght n:appowaaances, which ate clif'fereant for the 10) and Cf zonings ofthe two parcels.) 5. No provision has been made for salva.e; and reuse of~carne and/or irreplaceable materials Croran the proposed demolition of the house on Norton St, which is built of old growth redwood,. 6. The "relocation aaund re-knonasinng process" loo the tenant of'2 p 5 Nortc::run. St. was premature. 7. The Aerial Map (Figure 4) in the Staff"Reprort is iuncourect. Ifei ht allowances have not been considered, which woaald enable the bUilding to exceed two stories, which Nvou.tld enable smaller tootprints, which wontld in narnn enable more on- site parking. GI-oauund-level parking inside the l.au..uildiungs has not been considered. 9. The project does not meet General Play Goal H-1 to conserve, rehabilitate, and improve the existing housing stock, Tile project does the exact opposite it renlovesAeiriolishes existing low-income horising stock. I R The project does not meet the General Play Goal -2 to provide housing for al economic segments of the CoMMUllity, including inixed types and affordability of housing, 11. The project considers downstream flooding brit does not consider existing flooding dice to lack of maintenance of Gibson Creek by the City(as demonstrated by tyle flood in February, 2017) 12. The project does not consider that the con-irnunity may be tired ofso many crape myrtle trees, 13. The Larking Variance does not consider other options Stich as three-story buildings with smaller footprints, which would enable more on-site parking. 14a The claim that"no review by the ALUC ofthe project is required pursuant to Policy 6,2(1) of the 22 Mendocino County Airport Comprehensive Land Use Plan (CLUP)" is highly questionable, 15. Review of the project by the City of Ukiah Airport Commission was omitted. 16. The"corrugated metal" in the project is specifically discouraged in the. City of Ukiah Downtown Design District Guidelines, as is all metal siding and metal building materials. IT The Design Review Board did not vote "unanirnoLisly to recommend approval of the project to the Planning Commission." 18. The project is not consistent with the goal ofthe General Plan to `provide housing to a diversity of populations' because all units have almost identical 2 bedroom/l bathroom floor plans. 19. The project, as conditioned, will be detrimental to the public's health, safety and general welfare for reasons that include blit are not limited to ignoring input from the Design Review Board, not soliciting inpLit from the Ukiah Airport Commission, and creating overparking on nearby streets. 20. The project is detrimental to the general welfare by diminishing the value of the property at 211 Norton St and rendering it impractical for development for its zoning, 21. The site was not "previously developed with residential uses, sinflar to the proposal," "rhe previous use of the parcel on N Main St N%as a trailer park for small trailers (not full size rnobile hornes) and the parcel on Norton St was and still is a single family house that until recent months was rented at a log%-inconie nionthly price. 22. Nothing in the doh Umentation of`tine project. indicates how landscaping for"separating or screening the proposed SUIICtUre(s) firom the street and adjoining building sites" will be irnplernented, particularly for the apartment and single fanifly house to the north of Building A. The size and intensity ofthe project does "create a hazardOUS or inconvenient vehICUkIr or pedestrian traffic pattern" by elin-nnaungy parkingC" spaces and possibly forcing soine residents to park on local streets, and by not MSUriflg dUlt each Unit will always have at least one dedicated/reserved on-site parking space. 24. Whether"the proposed project and approval of the parking variance Would provide adequate Cif-CLdati011 and transportation For the project", and whether"strict application of the zoning re4- ns (parkinZn reqUirenients) Would not allow the site to be developed to - g the best USC and highest intensity allo\\ed within the 1k.3 Zoning District" is not adeCUately addressed, particularly without consideration of diree-story bUildings. 25, 'nie allegation that the project "provides needed middle-incorne IIOUSillg" ignores the fact that the project destroys at least one unit of` ow-incorne housing. 26. The allegation that "the pro-ject Supports the 11OLISill(I strategy and needs identified in the HOUSing Element and Regional Housing Needs Allocation" ignores that the project destroys one or more LUMS OHOW-n-ICOnle IIOUShlg. 27, There is no indication that"a rninill'Mul of 2, AC Level 2, electric vehicle charging stations" will be provided, as recommended by the Air QUafity Management District, 28. There is no evidence that "'the paver neat section shall be calculated appropriately to ensure that it can withstand the loading" fi-oni "heavy tflWk traffic...fi-oni the solid waste company." 29. The requested reduction mfm:hideparking stalls isinconsistent. 3O. There imnomention ofwhat other properties iVtile area have been granted reductions in the number ofvehicle parking stalls, sothere ianoway ioevaluate whether this coi has government granted fivancio| advantage vs. oUheiproperties due 1ntile requested reduction innumber ofvehicle parking stalls. 3l. The Parking Reduction Analysis onli1sany estimate n[dhenumbernFcmr to be parked on \oou| streets, which oon be cSLinuated 11-om o murveyo[dle numbernfoor owned per 2'bsd,ommuparLnouninear the p ecL 32. The four schools that are alleged to be proximate to Uhc bxoyole path near tile project are not identified, and only one school in mentioned prcvioua|y(ma u /n �ordcsdnotien, ponoolitaScboo| (m Middle 8chuo|), utadistance o[O40 mi}esj 31 The alleged land use limitations ofthe property owned by the North Coast Railroad Authority, upon which the Class l bicycle path near the project is constructed, are not doCumnentcd, noriaiheirde*d-rosiricdon, ond0000cooLguaranLeedinUhcDuiuncond therefore not relevant to the project, 34, The finding that "The refusal to allow a variance WOUld make a PrOPCI-use ofthe property unfeasible" ixnot Supported bythe analysis. Since tile nl joriiyo[pvopeMiosand land uses in the vicinity have auUicioni oD-mirec1parking sk\Uo", why shouldn't this project? Why Should government grant emarket advantage hothis proJectWidhomi grantingGhe sarne benefit Wother similar developments nearby; where isthis preferential treatment dOCumcnted? 35. The allegation that the p 'cotioaprmperuse^^v/idhouiaddingvehic|ebraffiotnthe \ocn| roads" iynot supported, 36. The allegation that"'file proposal includes adequate vehicle parking" is not Supported. 37. The allegation that"A reduction in m+miic parking, as detailed in xdheanalysis— will not have all impact upon the health, sa/ y, and ��ncru| Wc|Nrc o�U � pub|ic~ /a not --rr--d. 38. Agency Comments firorn the City of(Riah Department Of PUblic Works refer to the need for"a legally binding, signed maintenance agreement al--rproved by the City of kiah is required for the proposed stormwater treatment planters and all post-construction BMI"s, and shall be recorded prior to Final approval ol'the bUilding permit." These comments omit the need for a signed maintenance agreement between the City of Ukiah and perhaps the project's owner arid/or their inSUrance company by which the City will Fulfil its responsibility to rriaintain the channel ofGibson Creek, which it has not done for years if not. decades, so as to prevent flooding of pro' Z, Ject property as occurred in FebrUary of 2017, as witnessed by local residents, including the resident ofthe property at 211 Norton St, which is adjacent to the project,. 39. It remains LHIClear whether ADA curb ramps in the vicinity of the project are adequate for the expected additional pedestrian traffic. 40. The City of LAdah Airport Conin,iission was omitted from solicitation f-or input and cornments on the protect. 4l. The claire in Agency Comments firorn the COUnLy of Mendocino Planning Department Haat "No review by ALUC reqUired'" is dUbiOUs and not SUpported by any documentation fi-oin the ALLIC. (ALUC is assumed to be the Airport Land Use Commission) 42. The clairn that the project will "provide for future solar capability" does not meet General Plan Goal EG-4, "Maximize on-site solar energy Use, especially in new developments." (Yet half of the roof of each bUilding l`aCeS SOUUIV�ard, which is ideal for photovoltaics.) 4;3. Setbacks mentioned are inconsistent but irrelevant Until the zoning of the parcel after being combined has been determined, which has not been done yet, 44. The developer being"open to dISCUSsIon how this can most effectively be accomplished" does not meet the requirernent that "LISSLH-ai ices of privacy MUst be provided."' 45. "Unit windows.. generally offset from one another" is vagUe and does not meet the reqUirernein, that "assurances ofprivacy rnust. be provided." 46. "There'll be blinds installed" (toes not ineet the reqUirernent that "aSSUrances of privacy MUst be provided." 47. Having; parking spaces Within loUr feet ol'bedroom windows does not meet the reqUiren-tent thrat"assurances ofprivacy must be provided," 48. ADA compliance for the parking spaces is not ensured. 49. The project apparently violates state law by not accorril'nodating a full-time on-site manager, which is reqUired 1:br apartment bUildings with the proposed number of units, Stephen G. Scalmanini City COLUICH Member Ms. Julienne Waters Resident and tupU.stee, ?1 1 Norton Wit. p. J f r w. l i /r a I iwi .a r J I! N 1 iu ca ` llr tU �] tY L r 'J ) /M1 .1 EJ 6/19/2018 Flood Zones I FEMA.gov pIE M vaf ;:�: :... -(�) Flood Zones �. i ` Navigation The purpose of this page is to define flood zones, a commonly used term in floodplain management. Search Expand All Sections .............................................................................................................................................................................................................................................................................................................................................................................................. Languages ' e Definition/Description Flood Insurance (/national-flood- Flood hazard areas identified on the Flood Insurance Rate Map insurance-program) are identified as a Special Flood Hazard Area (SFHA). SFHA are Got a problem? defined as the area that will be inundated by the flood event (/got-problem) How do I Buy Flood having a 1-percent chance of being equaled or exceeded in any Insurance? given year. The 1-percent annual chance flood is also referred (/national-flood- to as the base flood or 100-year flood. SFHAs are labeled as insurance- program/How-Buy- Zone A, Zone AO, Zone AH, Zones Al-A30, Zone AE, Zone A99, Flood-Insurance) Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Flood Insurance Zone V, Zone VE, and Zones V1 N30. Moderate flood hazard Forms (/national- flood-insurance- areas, labeled Zone B or Zone X (shaded) are also shown on the program/national- flood-insurance- FIRM, and are the areas between the limits of the base flood program-forms) and the 0.2-percent-annual-chance (or 500-year) flood. The v National Flood areas of minimal flood hazard, which are the areas outside the Insurance Program Policy SFHA and higher than the elevation of the 0.2-percent-annual- Index(/national- flood-insurance- chance flood, are labeled Zone C or Zone X (unshaded). program-policy- index) To see flood maps for a specific address, visit FEMA's Flood Map Accessory Service Center htt //msc.fema. ov/ ortal Structures (—p� g—p )• (/accessory- structures) Learn more about what how FEMA defines each flood zone in Information for Appendix D, page D-11 of the below document. Communities (/floodplain- management- information- communities) Guidance https://www.fema.gov/flood-zones 1/14 ATTACHMENT 6 136ILLIon inrm E212M M BROKERAGE DEVELOPMENT CONSTRUCTION I MANAGEMENT May 25, 2018 Michelle Irace City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Advisory Recommendations from the Design Review Board for a 35-unit multi-family residence at 215 North Street and 345 N. Main Street(File No. 3085-UP/SDP/VAR-PC). Dear Ms. Irace; On October 19, 2017 the Design Review Board (DRB) reviewed the above referenced project and provided recommendations. To aid staff and the Planning Commission, below we have provided each DRB recommendation and our response. DRB Advisory Recommendations 1. Install diffuser lens on all down lighting. As recommended in the Ukiah City Code, Table 9 — Development Standards, all lighting will within the project be dark sky compliant (downward directed and shielded). This will prevent emissions of light or glare beyond the property line. Attached are two lighting standards which were submitted to the City at initial application (See Attachment A.1 and A.2) 2. Recommend solar PV installation or provide for future capability; Provide for a project description how solar can be accommodated based on California Green Building Code standards and Title 24; Reasonable acoustic buffer for HVAC system on roof. We have reviewed the ability to install a solar system and have determined that due to the limited amount of lighting necessary in the common areas that it's installation are currently cost prohibited. Further, to provide solar for each unit would also require additional panels and electrical conduit that also make solar currently cost prohibited. We are reserving the ability to install solar in the future. A "pony wall". a small 4-foot tall wall will be installed around all roof mounted HVAC systems. The HVAC systems have been modified to relocate half of the units on to the other side of the roof ridge line and have been spread out further from one another to minimize the source of sound. The bank of HVACs systems has also been moved further away from the existing apartment structure to the north. Attached are details taken from the submitted plans which provide additional clarity on this subject(See Attachment B) Finally, we have specified the use of a Trane 4TWR4018G1000A condenser specifically far it's low fan speed and direct drive motor which produce lower noise limits. Attached is a cut sheet far the Trane unit that will be utilized(See Attachment C). I ADA compliance for the parking spaces required and also sidewalk widths adjacent to the parking spaces asitpertains tosafe path oftravel. The project will be ADA compliant as required by Federal low. Wheel stops will be utilized to ensure vehicles adjacent towalkways will not impact path oftravel. 4. Mailbox roof appears tobetoo close tothe curb and needs tobepulled back. Roof over the mailboxes have been modified and pulled bock from the curb to minimize any potential vehicle strikes within the parking lot. 5. Make certain the project complies with the City Zoning Code pertinent toprivacy assurance with regard to placement of bedroom windows when there are two-story buildings adjacent to one another nronadjacent properties. Blinds will be installed inside all of our un/1s and the landscape plan includes f�nerokd Green Arborvitae along the no/therprmpert/ line. This tree is o narrow, pynznnidb/ evergreen with dense green foliage that holds its color throughout winter. 6. Review site plans to address any potential issue with full sun exposure on south elevation. Layout of the property does not allow the elimination of southern exposure. Further, eliminating southern exposure would have o direct connection on future ability to /nsUrV so/or as recommended under item 2. 7. Look at drafting site plan discrepancies pertinent to the property line, roof overhang, and check dimensions/square footage for the 'pop-out' and ADA path of travel and/or other connected issues associated with privacy, parking, etc, and possibly provide for some type of screening in this regard. Site plan discrepancies have been corrected. All units w/il/beh/rnishedwith blinds. 8. Would like to know the square footage per unit and total square footage for the project Per unit square hrotoges range /n size from 643 square feet to 725 square feet Total square /ootogesh»rthe project are noted/nthe below table. BUILDING A LEVEL I` LEVEL2 TOTAL LIVING AREA 6,256 e,950 13,206 COVERED PORCH AREA osq een z,e*u opp/cs/orouAas/sLsC. aes o saa BUILDING LEVEL LEVEL 2 zQzaL LIVING AREA s,604 5a04 11.208 COVERED TOTAL uv/=A 24.414 9. Project should meet California Green Building Code standards. As required by State low, the project will be subject to the CaliforniaBuilding Code Title 24. The Califomia Building Code contains the California Green Building Standards (Part 12 of Title 24). The Building Code is routinely updated, with higher standards and ratings to be achieved to ensure that structures are being built more energy efficient than previously required. 10. Project meet City code regarding daylight plane related to shading structures outside the property line. The project meets Ukiah City Code requirements for setbacks and height limitation. No exceptions are being requested onthese matters. DRB Optional Considerations. 11. Consider anticipated electrical costs versus gas that does require compliance with the California Building Code Title Z4. Gas services, according to Pacific Gas and Electric, are not readily available /n the immediate area and can take over yeorjust to design. As required by State law, the project will comply with the energy requirements of the California Building Code Title 34. 12. Determine the proposed color scheme for buildings is a good fit for the neighborhood. Colors and materials have been chosen by licensed and certified professionals for the durability, aesthetics and ability toobtain them for the project. Aspart ofthat, the elevations will weather better than those that surround the project. Further, aesthetics and colors are subjective to individuals tastes and desires. We would like to take a moment to thank staff for their time and energy on processing this proposal. if additional questions come up, please reach out to either Steve at atS3D-624- U178ormyself at oraL53U-513-362G. Sincerely, - Jake Morley �_� ATTACHMENT 7 2018-05552 Recorded at the request of: NORTH COAST RAIL,RO D AUTHORITY 05/15/2018 09:43 AM Fee: $0 P9s: 1 of 12 Recording Requested By: OFFICIAL RECORDS Susan M. Ranochak - Clerk-Recorder North Coast Railroad Authority Mendocino County, CA When Recorded, Mail To: Matt St, John, Executive Officer California Regional Water Quality Control Board North Coast Region , 5550 Skylane Boulevard, Suite A Santa Rosa, California 95403 COVENANT AND ENVIRONMENTAL RESTRICTION ON PROPERTY North Coast Railroad Authority (North of Perkins Street) 300 Block Perkins Street Ukiah, California 95492 APNs: 002-151-10-00 and 002-193-44-00 NCRWQCB CASE INMC632 This Covenant nv and E ental Restriction on Property ("Covenant") is made as of irQnm the-li-day o .......... 201 by North Coast Railroad Authority ("Covenantor") which is the Owner of recd d of certain properties situated at the 300 block of Perkins Street,north of Perkins Street, in the City of Ukiah, County of Mendocino,State of California,which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the "Burdened Property"), for the benefit of the California Regional Water Quality Control Board, North Coast Region ("Board"),with reference to the following facts: A. Nature of Covenant. This Covenant is an environmental covenant provided for by Civil Code section 1471 and required by the Board pursuant to Water Code section 13307.1 because the Burdened Property is contaminated by hazardous materials as defined in section 25260 of the Health and Safety Code. B. Contamination of the Burdened PropM. Soil at the Burdened Property was contaminated by historic railroad operations. Former site features include a gasoline underground storage tank (UST), a train roundhouse, a train turntable,oil pump house,oil tank, oil columns, and train tracks.The known contamination consists of organic petroleum hydrocarbon compounds as motor oil, and inorganic elements including lead,zinc, and arsenic,which constitute hazardous materials. By means of removal of site features, including the UST, and implementing covenant restrictions,exposure to the known contamination is reduced to acceptable levels for commercial and industrial land use, ........................ ... .................... . ........ --- ............... . ................. C.Exxposure Pathways.The contaminants addressed in this Covenant are present in the soil at the Burdened Property.Without the restrictions prohibiting specific uses contained in this covenant on the Burdened Property, exposure to these contaminants could take place via in-place contact resulting in dermal contact, inhalation, or ingestion by humans.The risk ofpublic exposure to the contaminants has been substantially lessened by the removal of site features and controls described herein. D. Land Uses and Populgtion Potentially Affected. Except for railroad tracks and a public bike trail,the Burdened Property is currently undeveloped. Existing land use zoning of the Burdened Property is commercial and industrial. Adjacent to the Burdened Property are residential, commercial and industrial land uses. E. Disclosure and SamlIbLig. Disclosure of the presence of hazardous materials on the Burdened Property has been made to the Board and sampling of the, Burdened Property has been conducted., F. Use of Burdened Property. Covenantor desires and intends that in order to benefit the Board, and,to, protect the present and future public health and safety, the Burdened Property shall be used in such a manner as to avoid, potential harm to persons or property that might result frorn any hazardous materials that might remain deposited on portions of the Burdened Property, as further described herein. ARTICLE I GENERAL PROVISIONS 1.1 ProvLsjons to Run with the Land, This Covenant sets forth protective provisions, covenants, conditions and restrictions (collectively referred to as "Restrictions") upon and subject to which the Burdened Property and every portion thereof shall be improved,held, used,occupied, ]eased, sold, hypothecated, encumbered,and/or conveyed. These Restrictions are reasonably necessary to protect present and future human health and safety or the environment as a result of the presence on the land of hazardous materials. Each and all of the Restrictions shall run with the land and pass with each and every portion of the Burdened Property, and shall apply to,inure to the benefit of, and bind the respective successors, assigns,and lessees thereof for the benefit of the Board and all Owners and Occupants. Each and all of the Restrictions: (a) are imposed upon the entire Burdened Property, unless expressly stated as applicable to a specific portion of the Burdened Property; (b) run with the land pursuant to section 1471, of the Civil Code; and (c) are enforceable by the Board. 1.2 Concurrence of OwLigrs and f,ossees Presumed.All purchasers,lessees,and possessors of all or any portion of the,Burdened Property shall become Owners or Occupants as defined herein and shall be deemed by their purchase, leasing, or possession of the Burdened Property to be bound by the Restrictions and to agree for and among themselves, their heirs, successors, and assignees, and the agents,employees,and lessees of such owners, heirs,successors,and assignees, that the Restrictions herein established must be adhered to for the benefit of the Board and all Owners and Occupants,and that the Page 2 of 10 interest of all Owners and Occupants of the Burdened Property shall be subject to the Restrictions. 1.3 rooration into Deeds and Leases. Covenantor desires and covenants that the Restrictions shall be incorporated in and attached to each and all deeds and leases,of all or any portion of the Burdened Property. Recordation of this Covenant shall be deemed binding on all successors, assigns, and lessees, regardless of whether a copy of this Covenant has been attached to or incorporated into any given deed or lease. 1.4 Pair se It is the purpose of this instrument to convey to the Board real property rights,which will run with the land,to protect human health and,the environment by reducing the risk of exposure to residual hazardous materials. ARTICLE 11 DEFINITIONS 2.1 floard. "Board" shall mean the California Regional Water Quality Control Board for the North Coast Region and its staff,and shall include its successor agencies, if any. 2.2 Improvements. "Improvements" shall mean all buildings,structures, roads, driveways, gradings, re-gradings, and paved areas, constructed or placed upon any portion of the Burdened Property. 23 OKu-ant or Occu,Vamnts. "Occupant" or"Occupants"shall mean Owners and those persons entitled by ownership, leasehold, or other legal relationship to the right to use and/or occupy all or any portion of the Burdened Property. 2.4 Owner or Owners. "Owner" or"Owners" shall mean the Covenantor and Covenantor's successors in interest who hold title to all or any portion of the Burdened Property. ARTICLE III DEVELOPMENT, US 'AND CONVEYANCE OF THE BURDEN r ED PROPERTY 3.1 Restrictions on Development and Use. Covenantor promises to restrict the use of the Burdened Property as follows: a. Development and use of the Burdened Property shall be restricted to industrial, commercial, arid/or office space. b. No residence for human habitation shall be permitted on the Burdened Property. c. No hospitals shall be permitted on the Burdened Property. d.,No public or private schools for persons under 21 years of age shall be permitted on the Burdened Property. Page 3 of 10 e. No care or community centers for children or senior citizens, or other uses that would involve the regular congregation of children or senior citizens, shall be authorized on the Burdened Property. f Any contaminated soils brought to tile surface,by grading, excavation, trenching, drilling or backfilling shall be managed by the Owner, Owner's agent, Occupant or Occupant's agent in accordance with all applicable provisions of local, state and federal law. & Any excavation conducted on the Burdened Property shall be performed pursuant to the August 22, 2017 Soil and Groundwater Management Plan prepared for the Union Pacific Railroad Company by CH2M.This report can be found in the GeoTracker database case file under, Union Pacific Railroad (North of Perkins), Case* 1NMC632. hLtp..-,/ eotracker.waterboarda,�. (L tit! _EeDort.aSD?9lobal id=TJ_Q..000_0Dfi3_3 h.The Owners and Occupants agree that the Board, and any persons acting pursuant to, Board orders, shall have reasonable access to the Burdened Property for the purposes of inspection,, surveillance, maintenance, or monitoring as provided in Division 7 of the Water Code. L No Owner or Occupant shall drill, bore, otherwise construct, or use a well for the purpose of extracting water for any use, including but not limited to, domestic, potable, or industrial uses, unless expressly permitted in writing by the Board; nor shall the Owner or Occupant permit or engage,any third party to do such acts. 3.2 Enforcement. Failure of an Owner or Occupant to comply with any of the Restrictions set forth in Paragraph 3.1. shall be grounds for the Board,by tile authority of this Covenant,to require that the Owner or Occupant modify or remove, or cause to be modified or removed, any Improvements constructed in violation of that Paragraph. Violation of this Covenant shall also be grounds for the Board to file civil actions against tile Owner or Occupant as provided by law. Nothing in this Covenant shall limit the Water Board's authority under Division 7 (commencing with section 13000) of the Water Code or other applicable laws. 3.3 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall execute a written instrument which shall accompany all purchase agreements or leases relating to all or any portion of the Burdened Property. Any such instrument shall contain the following statement: The land described herein contains hazardous materials in soils under the property,and is subject to a Covenant and Environmental Restriction dated as of'— '201 and recorded on 4v`v\ -t rO It) 20A in the Official Records of Mendocino County, California, as Document No._---_,,which Covenant and Environmental Restriction imposes certain covenants,conditions,and Page 4 of 109 restrictions on usage of the property described herein.This statement is not a declaration that a hazard exists. ARTICLE IV VARIANCE AN I) 'TERMINATION 4.1. Varian-ce.Any Owner or,with the Owner's written consent,any Occupant may apply to the Board for a written variance from the provisions of this Covenant. 4.2 'FerminaLio .--L n.Any Owner or,with the Owner"s written consent,any Occupant may apply to the Board for a termination of the Restrictions as they apply to all or any portion of the Burdened Property, 43 Term. Unless terminated in accordance with Paragraph 4.2 above,by law or otherwise,this Covenant shall continue in effect in perpetuity. ARTICLE V MISCELLANEOUS A. No Dedigation IntQnfiled. Nothing set forth herein shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the general public. 5.2-Notices.Whenever any person gives or serves any notice, demand, or other communication with respect to this Covenant, each such notice, demand, or other communication shall be in writing and shall be deemed effective (a) when delivered, if personally delivered to the person being served or an official of government agency being served, or (b) three (3) business days after deposit in the mail if mailed by United States mail, postage paid certified, return receipt requested, addressed; lf'ro: "Covenantor" Mitch Stogner North Coast Railroad Authority Executive Director 419 Talmage Road, Suite M* Ukiah, CA 95482 If To: "Board"' Regional Water Quality Control Board North Coast Region Attention: Executive Officer 5550 Skylane Boulevard, Suite,A Santa Rosa, California 95403 Page S of 10 5.3 Partial Invalids . If any portion of the Restrictions or terms set forth herein is determined by a court having jurisdiction to be invalid for any reason, the remaining portion shall remain in full force and effect as if such portion had not been included herein, 5.4 Recordation'This instrument shall be executed by the Covenantor and by the Executive Officer of the Board. This instrument shall be recorded by the Covenantor in the County of Mendocino within ten (10) days of the date of execution. 5.5 References.All references to Code sections include successor provisions. 5.6 Construction.Any general rule of construction to the contrary notwithstanding, this instrument shall be liberally construed in favor of the Covenant to preserve and implement the purpose of this instrument and the policies and purposes of the Water Code. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this instrument that would render the provision valid shall be favored over any interpretation that would render it invalid. IN WITNESS WHEREOF,the parties execute this Covenant as of the date set forth above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURES ON FOLLOWING PAGES] Page 6 of 10 ............. ...............—------- Covenantor: North east Railroad Authority Print.Marne: , e � Signature; "Title: . ..._._.._. Date: C I CERT'IF'ICATE OF ACKNOWLEDGMENT LEDGMEN'T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Mendocino On. before nae, rotary Public, personally appeared _._....... who proved to ane on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(tes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Tv'r�r:� + � v� Waw-0, xP ' �.f. Notary Public Signature ,,{ Notary Public Seal Page 7 of 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 11'89 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the docurnent to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California ) County of in t . , _ . n twbeforerne, �/a � _ Date Frere trrser-t A!araae and TR6 of the Officer personally appeared 1A,1 , , a Nary e,W'of Signe((s) who proved: to me on the basis of satisfactory evidence to be the:. person( i whose name,( (i ';r subscribed to the within instrumen .,and ackno+r'edged to me that /s, 4/#i y executed the sar-ne in (hi0ljolf authorized capacity �-� a ,and that bi) e%threif si nature( ern the instrument the persons , or the entity upon behalf of which the person,(4acted, executed the instrument. I certify under PENALTY OF PERJURY under tho laws of the State of California that the foregoing paragraph is true and correct. WITLESS my,and and offic" I seal. DANIELA. LVE& A COMM,#2235330 M W NOTARY PuBLy -cAt PFORW soNoMAcaaaNrw Signature MY 00MM r xpWas Mar 22.2022 � Signatures of Notary"Public Place Notaq Seal Above OPTIONAL .. Though this, section is optional, completing this information can deter alteration of the docrrrraerrt� , fraudulent reattachment of this form to an unintended taournerr Description of Attached Document Title or Type of Document: _.. _...__w .f o ument Date: ...... Number of Pages: Signer(%) Other Than t15rned Above: Capacity(ies) Claimed by Signer(s) Signer's arno:._... _.....-...�.,s Signer's Name 0 Corporate Officer — Title(s): � ,w„ 0 Corporate Officer - Title(s):, 0 Partner I;.:I Limited 5General 0 Partner ---- OI Limited 0 General 0 Individual EI Attorney"in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0guardian or Gon ervator E]Trustee Guardian or Conservator El tither: 11 171 Other. Signer Is Reprps° rating: Signer Is R prewriting- Ci2p 4 tdational Notary Association• wuvw.Nationalldotary.org ^ 1-800JUS NOTARY(1-800-876-6327) Item gt7Z d� X' California Regional Water Quality Control )board, North Coast Region Print Name: , 14-11 Signature: Title Executive ((}fficer _ Date: ... Al "'. CERTIFICATE OF ACKNOWLEDGMENT . A notary public or other officer completing this certificate verifies only the identity of the individual who .signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sonoma On _AU -b pre me. (.'X 4 _ __—® Notary Public, personally appeared _. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/l er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 4N l"l`N ESS my hand and official seal. SHARON LEMOS Comm.# 2209240 NOTARY PUBLIC-CALIFORNIA SONOMA COUNTY Y COM , EXP, SBP, 4,!a: Notary Public Signature Notary Public Seal Page 8 of 10 Exhibit A LEGAL DESCRIPTION Portions of the lands described in the: document recorded April 30, 1996 in Book 2328 at page 251 Official Records of Mendocino County being in Lots 22 and 32 of the Yokayo Rancho, City of Ukiah, County of Mendocino, State of California more particularly described as follows. Parcel A BEGINNING at the Northeast corner of Lot 2 of Perkins,Addition as shown on the Map filed in Map Case 2, Drawer 7, Page 104, County of Mendocino, from which a 1/2" iron pipe tagged RCE 22623 bears North 78'55143" East 0.14 feet; thence along the east line of said Lot 2 South 11°04w l 7" East 309.00' feet to the north right of way line of East Perkins Street, thence along said north line South 78'55'43" West 65.00 feet; thence North 11'04'17" West 309.0,0' feet along a line parallel with and 65 feet distant from the cast line of said Lot 2 to the north line of said Lot 2; thence along said north line North 7805514355 West 65.00 to the point of beginning. Parcel B BEGINNING at the Northeast corner of Lot 2 of Perkins Addition as shown on the Map filed in Map Case 2, Drawer 7, Page 104, County of Mendocino, from which a 1/2" iron pipe tagged RCE 22623 bears North 78155'43"East 0.14 feet; thence along the north line of said Lot 2 South 78'55'43" West 65.00 feet; thence along a line parallel with and 26.70 feet distant front the centerline of the main track of the Northwest Pacific Rail Road, North 09016'56" West 1238.17 feet; thence North 86'54'50" East 65.38 feet to a point lying 38.30 feet cast of the centerline of said main track; thence along a line parallel with and 38.30 feet distant from the: centerline of said main track South 09'16'56" Last 1229.08; thence South 78'55'43" West 0,03 feet to the point of beginning. Basis of Bearings is California Coordinate System,Zone 2,NAD83, Epoch 2011.00 as determined locally by a line between continuous global positioning systems (CEPS) station P188 and Station P190 being North 0214517" East as derived from geodetic values published by the California Spatial Reference Center, Prepared by Cinquini Passarino, Inc. to-LANo jLto,V35 '14,/j2A EXP,12-31-17 11c41es M: DiPL ckey, . 0 935 Date ' 1360 North Dutton Avenue,Suite 150,Santa Rosa,CA 95401 Tel: (707)342-6268 Fax:(707)542-2106 www.cinquinipassarino.com CPI No: 7170-15 Page I of I 7s " % SL 06. - as k ' r sex 3 a �'edn ctns'TQM MY W.'.0�a tk t 9 � I s7/BOan:, p areae~ tiff Gil1 0 . � ' �i At At r w a rwa zx °I �n p r� I rX .res,hs.:✓rr.°'s�ef . ......._........ .,.... P¢S moi' Certificate of Acceptance This is to certify that the interest in real property conveyed by the deed or granted dated April 5, 2018 from Union Pacific railroad Company to North Coast Railroad Authority, a governmental agency is herby accepted by the undersigned officer on behalf of the North Coast Railroad Authority on April 15, 2018, and the grantee consents to recordation thereof by its duly authorized officer. Date: 0 D) Mitch Stogner Executive Director North Coast Railroad Authority .............................. ............................................................ ............................................ ............