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HomeMy WebLinkAbout06272018 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 27, 2018 6:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. The Minutes of May 30, 2018. 5. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For items on this agenda, the appeal must be received by July 9, 2018 at 5:00 p.m. 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PLANNING COMMISSIONERS REPORT 10. 11. CONSENT CALENDAR 12. NEW BUSINESS a. Request for Review and Recommendation regarding a Major Use Permit/Site Development Permit to allow the construction of a new hay storage structure at 235 East Perkins Street. APN 002-231-23. File No. 18-3613 13. UNFINISHED BUSINESS 14. ADJOURNMENT ADA ACCOMODATION: If you plan on attending the public hearing and need a special accommodation because of a sensory or mobility impairment/disability, or have a need for an interpreter, please call Cathy Elawadly at the City of Ukiah at (707) 463-6752 to arrange for those accommodations to be made. Page 1 of 1 CITY OF UKIAH PLANNING COMMISSION MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 30, 2018 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Laura Christensen Christopher Watt Linda Sanders Mark Hilliker STAFF PRESENT OTHERS PRESENT Craig Schlatter, Community Development Listed below, Respectively Director Shannon Riley, Deputy City Manager Kevin Jennings, Acting Fire Chief/Fire Marshall Michelle Irace, Planning Manager Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES a. The Minutes of May 9, 2018 Motion/Second Sanders/Watt to approve the Minutes of May 9, 2018, as submitted. Motion carried by the following roll call vote: AYES: Commissioners Sanders, Watt, Hilliker, and Chair Whetzel. NOES: None. ABSENT: None. ABSTAIN: Christensen. 5. APPEAL PROCESS Note: For matters heard at this meeting the final date to appeal is June 11, 2018, at 5:00 p.m. 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 7. SITE VISIT VERIFICATION Confirmed by staff. Page 1 of 3 Minutes of the Planning Commission, May 30, 2018, Continued: 8. VERIFICATION OF NOTICE Confirmed by staff. 9. PLANNING COMMISSIONERS REPORT None. 10. Presenter: Community Development Director Craig Schlatter 11. CONSENT CALENDAR No items on consent. 12. NEW BUSINESS a. Request for Review and Recommendation regarding a Major Use Permit/Major Site Development Permit and Parking Variance to allow the construction of a 35-unit multi- family housing development at 345 N. Main Street (APN 002-153-30) and 215 Norton Street (APN 002-153-04). File No.: 3085. Presenters: Community Development Director Craig Schlatter, Deputy City Manager Shannon Riley, and Planning Manager Michelle Irace. PUBLIC HEARING OPENED: 6:55 p.m. Presenters: Deputy City Manager Shannon Riley, Jake Morley (on behalf of Guillon, Inc., the Applicant) and other speakers residing at 226 Norton Street, 211 Norton Street, and 221 Norton Street (names illegible on voluntary sign-in sheet). PUBLIC HEARING CLOSED: 7:30 p.m. PUBLIC HEARING RE-OPENED: 7:40 p.m. Presenters: Residents at 211 Norton Street and 221 Norton Street. PUBLIC HEARING CLOSED: 7:44 p.m. The Planning Commission discussed potentially adding project conditions of approval related to tree protection, requiring security cameras for the housing complex, and a posted sign on the site that provides contact information regarding air quality during construction. The Planning Commission added Condition of Approval No.16 stating the following: The Applicant shall follow the City of Ukiah Tree Management Guidelines, as feasible. Motion/Second Watt/Hilliker to approve a Major Use Permit/Major Site Development Permit and Parking Variance to allow the construction of a 35-unit multi-family housing development at 345 N. Main Street (APN 002-153-30) and 215 Norton Street (APN 002-153-04); File No.: 3085 with the Draft Findings in Attachment 1 and Draft Conditions of Approval in Attachment 2 of the staff report with the added Condition of Approval, as referenced above. Motion carried by the following roll call vote: AYES: Commissioners Sanders, Hilliker, Watt, Christensen, and Chair Whetzel. NOES: None. ABSTAIN: None. ABSENT: None. 13. UNFINISHED BUSINESS 14. ADJOURNMENT Page 2 of 3 Minutes of the Planning Commission, May 30, 2018, Continued: There being no further business, the meeting adjourned at 7:58 p.m. Cathy Elawadly, Recording Secretary Page 3 of 3 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 DATE: June 27, 2018 TO: Planning Commission FROM: Michelle Irace, Planning Manager SUBJECT: Request for Review and Recommendation regarding a Major Use Permit/Site Development Permit to allow the construction of a new hay storage structure at 235 East Perkins Street. APN 002-231-23. File No. 18-3613 SUMMARY OWNER: Jim Mayfield 235 East Perkins Street Ukiah, CA 95482 APPLICANT / AGENT: Same as above REQUEST: Major Use Permit/Site Development Permit DATE DEEMED COMPLETE: May 10, 2018 LOCATION: ± 0.5-mile southeast of the Perkins Street and Main Street intersection; 235 East Perkins Street; APN 002-231-23 TOTAL ACREAGE: ±1.9 acres (82,764 sq.ft.) GENERAL PLAN: Commercial (C) ZONING DISTRICT: Downtown-Urban Center 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 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 PROJECT DESCRIPTION AND BACKGROUND An application was received from Jim Mayfield on behalf of Rainbow Ag for approval of a Major Use Permit/Site Development Permit to construct a new metal building for hay storage within the footprint of the existing Rainbow Ag property. The project includes the following components: Construction of an approximately 30-ft.-high, 2,790 sq.ft. three-sided metal structure (one side is open) within an existing paved area. Internal lighting and exterior (down shielded) lighting under the overhang. Two-hour firewall on the three walls of the structure. The structure will be painted tan in color to match the existing buildings on site. The application, project description and plans are included as Attachment 3. Location. The proposed project is located at 235 East Perkins Street (APN 002-231-23), approximately one half mile east of the South Main Street and East Perkins Street intersection. The new building would be located within the existing developed parcel. Rainbow Ag was originally constructed in 1990 with approval of a Use Permit by the Planning Commission. The project included a retail store and repair shop. In 1991, a Site Development Permit (SDP 91-44) was obtained for an accessory storage building. Over the years, other accessory buildings have been added to achieve the site configuration that exists today: the 12,500 sq ft main building (retail store); 5,250 sq.ft. services repair shop used for small engine repair and storage of inventory; 1,464 sq.ft. feed storage building; and a 1,440 sq.ft. open storage building (existing hay storage structure). As noted in the submitted Project Description (Attachment 3), the proposed project includes construction of a new hay storage structure to efficiently accommodate hay storage and sales. The new structure is designed to stack full blocks of hay, two bales high, contrary to the existing hay storage structure, which is not designed for adequate and efficient hay storage. The existing hay storage structure will remain in place and used for additional livestock feed storage. SURROUNDING LAND USE AND ZONING The parcel is zoned Urban Core and located within the Downtown Zoning Code. The project site is surrounded to the north, east, south and west by commercial uses. The railroad tracks, rail trial and railroad depot are located approximately 175 feet east of the site. GENERAL PLAN ZONING LOT SIZES USES ±0.1-0.5 North C UC Commercial acres ±0.5-2.4 Commercial East C UC acres ±0.2-0.5 Commercial South C UC acres ±0.2-0.3 Commercial West C UC acres Figure 1. General Plan Designation Staff Report Major Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 3 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 Figure 2. Zoning Designation Figure 3. Aerial Map AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 AGENCY COMMENTS Project referrals were sent to the following responsible or trustee agencies with interest or jurisdiction over the Project: Ukiah Valley Fire Authority, City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah Electric Utility Department, City of Ukiah Building Division, the Mendocino County Airport Land Use Commission (County of Mendocino staff representative), and the Mendocino County Air Quality Management District. comments and recommended Conditions of Approval are contained in Attachment 4. AGENCY RESPONSE RESPONSE DATE Ukiah Valley Fire Authority No Comments May 1, 2018 City of Ukiah Public Works No Comments May 10, 2018 City of Ukiah Police Dept. Comments May 1, 2018 City of Ukiah Electrical Utility No Comments April 30, 2018 City of Ukiah Building Official Conditions of Approval May 8, 2018 Mendocino Co. Air Quality Mgmt. District No Response N/A Mendocino County Airport Land Use Conditions of Approval April 30, 2018 Commission STAFF ANALYSIS General Plan and Zoning Consistency General Plan. The parcel has a General Plan designation of Commercial (C). The Commercial designation applies to lands appropriate for a variety of commercial uses in locations served by public utilities and where future growth is anticipated. Zoning. The parcel is located within the Downtown Zoning Code District (established by Ordinance No. 1139, adopted October 3, 2012) and has a zoning designation of Urban Center (UC). The Urban Center designation allows for higher density residential and mixed-use buildings that may accommodate retail, office, services, local and regional civic uses, and residential uses. This zone has a tight network of streets with wide sidewalks, regularly spaced street tree planting, and buildings set close to lot frontages. Prior to adoption of the Downtown Zoning Code, the parcel was zoned C1-Light Commercial. The proposed hay storage structure is considered an accessory structure to an existing primary agricultural establishment use (Rainbow Ag) which is defined in the Downtown Zoning Code as a business engaged in the sale or rental of equipment, materials, supplies and tools to serve farming, ranching or timber interests and businesses. May also include the servicing and repair . Table 3, Allowed Uses and Permit Requirements, of the Downtown Zoning Code identifies the uses of land allowed in each zoning district and the planning permit required to establish each use. Agricultural sales are listed as a prohibited use in all zoning districts within the Downtown Design Code. However, because Rainbow Ag was constructed and permitted prior to adoption of the Downtown Zoning Code, it is considered an existing non-conforming use. Section 9231.13 (C)(2), Nonconforming Uses, of the Downtown Zoning Code states the following: Nonconforming Use of Land with Structures: Changes to a nonconforming use of a structure by enlargement, extension, reconstruction, or relocation within the structure, or an addition to the structure, or the construction of a new structure shall not be allowed without Planning Commission approval of a major use permit. The proposed building is considered an accessory structure to the main use. Table 7, Accessory Building Standards, of the Downtown Zoning Code outlines development standards for accessory consistency with those standards. Criteria Requirement Proposed Consistency Determination Front setback 30 ft. minimum Over 300 ft. Consistent Side setback 0 ft. minimum 0-3 ft. Consistent Rear setback 3 ft. minimum 3 ft. Consistent Rear setback 14 ft. minimum from center line (3) N/A N/A alley Height 2 stories maximum and cannot The highest point of the proposed Inconsistent; exceed height of the main building. ) would not exceed requesting Major Height is measured to the eave of a the height of the highest point of Exception sloped roof or the surface of a flat roof. The roof above the eave and However, based on the height the parapet are excluded from the measuring criteria included in this height measurement. Each story section of the Downtown Zoning shall not exceed 14 feet. Code, the proposed building height (30) would exceed the Building heights may be height of the surface of the superseded by Ukiah Airport Master lat roof (). Plan and Mendocino County Airport Comprehensive Land Use Plan The proposed building does not height restrictions. (Section 9225.4) exceed the 35 ft. height recommendation for B2 Airport Compatibility Zone. Number of 1 4 existing; 1 proposed Inconsistent; Buildings requesting Minor (accessory) Exception Staff Report Major Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 6 Major Use Permit. Table 28, Use Permit Procedures, of the Downtown Zoning Code outlines types of use permits and criteria for when they are required. According to this criteria, the proposed project requires a Major Use Permit with Planning Commission approval because it involves expansion of 1,000 square feet or more to an existing use permit. Further, as previously discussed, Section 9231.13 (C)(2) of the Downtown Zoning Code states that an addition or new construction related to non-conforming uses shall not be allowed without Planning Commission approval of a Major Use Permit. In order to grant a Use Permit the following findings must be made, in compliance with UCC Section 9262(e): 1. The proposed land use is consistent with the provisions of this Title as well as the goals and policies of the City General Plan. 2. The proposed land use is compatible with surrounding land uses and shall not be In addition, Section 9231.13, Nonconforming Uses, of the Downtown Zoning Code states in approving a Major Use Permit, the Planning Commission shall make the following findings in addition to the findings required by Section 9262(e) of the UCC: 3. The enlargement, expansion, extension, or increase would not increase the detrimental effects of the nonconformity; and 4. The structure complies with the development standards of the zoning district in which the structure is located. The proposed structure is consistent with the Commercial General Plan land use designation, as it is intended to support an existing commercial use. The existing agricultural sales establishment is considered an existing nonconforming use, as it was developed and permitted within a C1 Zoning District prior to adoption of the Downtown Zoning Code. With approval of the Use Permit/Site Development Permit, the structure would be consistent with the Ukiah City Code. Construction of the additional hay storage structure to support the existing agricultural service establishment would not result in increased detrimental effects of the nonconformity. Based on this analysis and that contained within Attachment 1, the findings required for the Major Use Permit can be made. Major Site Development Permit. Table 27, Site Development Permit Procedures, of the Downtown Zoning Code states that new construction and additions ranging from 1,000 sq.ft. to 15,000 sq.ft. require a Tier 2-Minor Site Development Permit. Tier 2-Minor Site Development Permits allow up to 2 minor exceptions; if a major exception is requested, then a Major Site Development Permit is required. Table 29, Exception Procedures, establishes two levels of exceptions, major and minor, and the procedures for the review and processing of exceptions. One minor exception to exceed the number of accessory structures, and one major exception to exceed the existing building height, are proposed for the project. Because the project is requesting a major exception a Major Site Development Permit is required. For purposes of measuring height, the Downtown Code specifies that Height is measured to the eave of a sloped roof or the surface of a flat roof, and that the roof above the eave and the parapet Staff Report Major Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 7 are excluded from the height measurement. Based on these specifications roof (. Therefore, a major exception is required. However, it should be noted that as shown in the renderings contained within Attachment 3, t Section 9231.3(c) requires the following findings to be made for Site Development Permits within the Downtown Zoning Code District. In order to grant both major and minor exceptions, a set of findings very similar to those required for the Site Development Permit must be made. Therefore, Site Development Permit and associated Exception findings have been combined below: 1. The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this code. 2. Design: The design of the proposed project is consistent with the architectural standards of this code and compatible with the character of the neighborhood; will maintain the desirable environment for the occupants, neighbors, and visiting public; includes the appropriate use of materials, texture, and color, which will remain aesthetically appealing and appropriately maintained; and the location and orientation of windows, doorways, and outdoor use areas reduce the potential for heat, glare, noise, or other disturbance from on- site or off-site sources. The neighborhood compatibility part of this finding does not apply if it would render the project inconsistent with the architectural requirements of the zoning district in which the project is located. 3. Siting: The siting of the structure(s) on the parcel is compatible with the siting of other structures in the immediate neighborhood. This finding does not apply if the resulting setbacks are inconsistent with the requirements of the zoning district in which the parcel is located. 4. Ingress, Egress, Circulation, Parking: The project provides adequate ingress, egress, parking for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery vehicles designed to promote safety and convenience and to conform to City standards and will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another. Low impact development (LID) design has been incorporated into the project where feasible. 5. Landscaping: The landscaping for the project provides opportunities for shading west and south-facing windows and outdoor use areas, utilizes native and drought tolerant species, is in keeping with the character and design of the project, and consistent with requirements of this code and City standards. 6. Resource Protection: The proposed project will not excessively damage or destroy resources or natural features, including cultural and historic resources, trees, shrubs, creeks, and the natural grade of the site. 7. Health, Safety, Welfare: The proposed project would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the Staff Report Major Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 8 immediate vicinity; and will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area. (Ord. 1139, §2 (Exh. A, 12.030), adopted 2012). The project would not impair the desirability of investment, employment, or residence in the neighborhood. The proposed structure is consistent with the Commercial General Plan land use designation, as it is intended to support an existing commercial use. The existing agricultural sales establishment is considered an existing nonconforming use, as it was developed and permitted within a C1 Zoning District prior to adoption of the Downtown Zoning Code. With approval of the Use Permit/Site Development Permit, the structure would be consistent with the Ukiah City Code. The proposed structure cannot be seen from the street or other public vantage point. However, it would be compatible in size, color and materials with the other existing buildings on-site. The existing parking and vehicle access is adequate to serve the existing agricultural sales establishment. The existing use is located along Perkins Street, which is a main corridor within the downtown area. Pedestrian access is provided through existing sidewalks and connections available throughout the downtown area. The proposed structure safety, is not injurious to the immediate vicinity, nor would it cause the area to depreciate or be discouraged from future development. The existing use provides employment opportunities to residents and is intended to serve the needs of the community. Therefore, the existing support structure would not impair the desirability of investment, employment or residence in the neighborhood. Based on this analysis and that contained within Attachment 1, the findings required for the Site Development Permit and associated exceptions can be made. Airport Compatibility The project site is located approximately 1.08 miles north of the runway for the Ukiah Municipal Airport, placing it within the B2 Compatibility Zone (Extended Approach-Departure Zone). Normally Acceptable Uses in the B2 Zone, according to Table 7A of the Ukiah Municipal Airport Master Plan, include single-story offices, single-family homes on existing lots, low-intensity retail, office, and low intensity manufacturing. The Project application was referred to the Mendocino County Airport Land Use Commission (ALUC) for comment. commented that no formal review by the ALUC of the project is required because low-intensity retail is a normally acceptable use. The ALUC planner also commented that a Deed Notice or avigation easement is required for the parcel and that the building should be the furthest away from the centerline of the extended runway. Condition of Approval Numbers 12 and 13 are recommended to satisfy this criterion. The project is consistent with the compatibility criteria for the B2 zone in the following ways: Maximum density per Table 7A of the Ukiah Municipal Airport Master Plan is 60 people per acre for non-residential uses. Based on this density criteria and the size of the subject property (1.9 acres), 114 people would be allowed on the site on a regular basis. Currently, Rainbow Ag has a maximum number of 22 employees each day. The project would not Staff Report Major Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 9 add additional density to the parcel. The building would be used for hay storage with up to a maximum of 2 existing employees in and out of it on any given day. The proposed building height is approximately 30 feet, which is below the B2 height recommendation of 35 feet. 30% open land is also recommended in the B2 compatibility zone. The parcel is approximately 82,764 sq.ft. in size and includes a total of 22,579 sq.ft. (including the proposed building) in building coverage, resulting in 60,185 sq.ft. of open land, or 72.7%, which exceeds the recommended 30%. In addition, the proposed building would be located on a previously developed lot and consistent with the aesthetic nature of other buildings on-site and in the surrounding area. Therefore, this project meets the intent of the Comprehensive Land Use Plan Infill Policy (Policy 2.1.6). Based on the above information and analysis, the project complies with the Ukiah Municipal Airport Master Plan and requirements in the B2 Compatibility Zone and is considered an acceptable use within the B2 zone. ENVIRONMENTAL DOCUMENTATION The proposed project is subject to the California Environmental Quality Act (CEQA). The project qualifies for a categorical exemption pursuant to CEQA Guidelines Article 19 Section 15303, New Construction or Conversion of Small Structures which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. This includes: (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Because the project involves the construction of a 2,790 sq.ft accessory commercial building on a previously developed site in an urbanized area, this exemption may be used. NOTICE Notice of the Public Hearing was provided in the following manner, in accordance with UCC §9262(C): Published in the Ukiah Daily Journal on June 16, 2018 Posted on the Project site on June 13, 2018 Posted at the Civic Center (glass case) 72 hours prior to hearing Mailed to property owners within 300 feet of the parcels included in the project on June 14, 2018 Staff Report Major Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 10 RECOMMENDATION Staff recommends Planning Commission 1) conduct a public hearing; and 2) adopt the findings and conditionally approve a Major Use Permit/Site Development Permit for the project. ATTACHMENTS 1. Draft Findings UP/SDP 2. Draft Conditions of Approval 3. Project Application, Project Description and Plans 4. Agency Comments Staff Report Major Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 11 ATTACHMENT 1 FINDINGS TO ADOPT A MAJOR USE PERMIT/SITE DEVELOPMENT PERMIT FOR THE RAINBOW AG HAY STORAGE STRUCTURE PROJECT 235 EAST PERKINS STREET FILE NO.: 18-3613 Recommendation for the Approval of the Major Use Permit/Site Development Permit and Findings: The recommendation for conditional approval of Major Use Permit/Site Development Permit, File No. 18-3616 to construct an approximately 2,790 sq.ft. metal structure for hay storage purposes is based in part on the following findings, in accordance with UCC §9262(e), 9263, 9231.13, 9231.3(c), 9231.5 (Table 29): Major Use Permit Findings In order to grant a Use Permit the following findings must be made, in compliance with UCC Section 9262(e): 1. The proposed land use is consistent with the provisions of this Title as well as the goals and policies of the City General Plan. The proposed structure is an accessory building to an existing commercial use. The project is consistent with the goals of the General Plan regarding supporting economic 2. The proposed land use is compatible with surrounding land uses and shall not be detrimental to The proposed structure is compatible with other commercial and support structures on- site and on the surrounding parcels. The proposed project would not result in detrimental public health and safety impact welfare. In addition, Section 9231.13, Nonconforming Uses, of the Downtown Zoning Code states in approving a Major Use Permit, the Planning Commission shall make the following findings in addition to the findings required by Section 9262(e) of the UCC: 3. The enlargement, expansion, extension, or increase would not increase the detrimental effects of the nonconformity; and Construction of the additional hay storage structure to support the existing agricultural service establishment (nonconforming use) would not result in increased detrimental effects of the nonconformity. Findings for Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 1 4. The structure complies with the development standards of the zoning district in which the structure is located. With approval of exceptions, as allowed and outlined in the Downtown Zoning Code, the proposed structure would be consistent with the development standards within the Urban Core (UC) Zoning District. Based on the above analysis, the findings required for the Major Use Permit can be made. Site Development Permit and Associated Exception Findings Section 9231.3(c) requires the following findings to be made for Site Development Permits within the Downtown Zoning Code District. In addition, Table 29, Exception Procedures, establishes two levels of exceptions, major and minor, and the procedures for the review and processing of exceptions. To exceed the height limitation, a major exception is needed, while a minor exception is required to exceed the number of accessory structures. In order to grant both major and minor exceptions, a set of findings very similar to those required for the Site Development Permit must be made. Therefore, Site Development Permit and Exception Findings have been combined below: 5. The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this code. The proposed structure is consistent with the Commercial General Plan land use designation, as it is intended to support an existing commercial use. The existing agricultural sales establishment is considered an existing nonconforming use, as it was developed and permitted within a C1 Zoning District prior to adoption of the Downtown Zoning Code. With approval of the Use Permit/Site Development Permit, the structure would be consistent with the Ukiah City Code. 6. Design: The design of the proposed project is consistent with the architectural standards of this code and compatible with the character of the neighborhood; will maintain the desirable environment for the occupants, neighbors, and visiting public; includes the appropriate use of materials, texture, and color, which will remain aesthetically appealing and appropriately maintained; and the location and orientation of windows, doorways, and outdoor use areas reduce the potential for heat, glare, noise, or other disturbance from on- site or off-site sources. The neighborhood compatibility part of this finding does not apply if it would render the project inconsistent with the architectural requirements of the zoning district in which the project is located. The proposed structure cannot be seen from the street or other public vantage point. However, it would be compatible in size, color and materials with the other existing buildings on-site. 7. Siting: The siting of the structure(s) on the parcel is compatible with the siting of other structures in the immediate neighborhood. This finding does not apply if the resulting Findings for Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 2 setbacks are inconsistent with the requirements of the zoning district in which the parcel is located. The proposed structure would meet all the setbacks required within the UC Zoning District. 8. Ingress, Egress, Circulation, Parking: The project provides adequate ingress, egress, parking for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery vehicles designed to promote safety and convenience and to conform to City standards and will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another. Low impact development (LID) design has been incorporated into the project where feasible. The existing parking and vehicle access is adequate to serve the existing agricultural sales establishment. The existing use is located along Perkins Street, which is a main corridor within the downtown area. Pedestrian access is provided through existing sidewalks and connections available throughout the downtown area. The proposed accessory storage structure does not require additional parking or LID design, as it will not increase the amount of impermeable surfaces or create additional runoff. 9. Landscaping: The landscaping for the project provides opportunities for shading west and south facing windows and outdoor use areas, utilizes native and drought tolerant species, is in keeping with the character and design of the project, and consistent with requirements of this code and City standards. The site contains existing landscaping which was required as a part of its original development. The project does not require or propose additional landscaping. 10. Resource Protection: The proposed project will not excessively damage or destroy resources or natural features, including cultural and historic resources, trees, shrubs, creeks, and the natural grade of the site. The proposed structure will be constructed on an existing developed site and will not damage any natural resources or features. Special circumstances or conditions do not apply to the site, building, improvement or use, such as the preservation of natural resources. 11. Health, Safety, Welfare: The proposed project would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the immediate vicinity; and will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area. (Ord. 1139, §2 (Exh. A, 12.030), adopted 2012). The project would not impair the desirability of investment, employment, or residence in the neighborhood. injurious to the immediate vicinity, nor would it cause the area to depreciate or be discouraged from future development. The existing use provides employment opportunities to residents and is intended to serve the needs of the community. Therefore, the existing Findings for Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 3 support structure would not impair the desirability of investment, employment or residence in the neighborhood. Based on the above analysis, the findings required for the Site Development Permit and associated exceptions can be made. Notice of Public Hearing Notice of the Public Hearing was provided in the following manner, in accordance with UCC §9262(C): Published in the Ukiah Daily Journal on June 16, 2018 Posted on the Project site on June 13, 2018 Posted at the Civic Center (glass case) 72 hours prior to hearing Mailed to property owners within 300 feet of the parcels included in the project on June 14, 2018 Findings for Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 4 ATTACHMENT 2 CONDITIONS OF APPROVAL TO ADOPT A MAJOR USE PERMIT/SITE DEVELOPMENT PERMIT FOR RAINBOW AG HAY STORAGE STRUCTURE PROJECT 235 EAST PERKINS STREET FILE NO.: 18-3613 The following Conditions of Approval shall be made a permanent part of the Major Use Permit/ Major Site Development Permit, File No. 18-3613, shall remain enforceable regardless of property ownership, and shall be implemented in order for this entitlement to remain valid. Approved Project Description. An application was received from Jim Mayfield on behalf of Rainbow Ag for approval of a Major Use Permit/Site Development Permit to construct a new metal building for hay storage within the footprint of the existing Rainbow Ag property. The project includes the following components: Construction of a 30-ft. high, 2,790 sq.ft. three-sided metal structure (one side is open) within an existing paved area. Internal lighting and exterior (down shielded) lighting under the overhang. Two-hour firewall on the three walls of the structure. The structure will be painted tan in color to match the existing buildings on site. STANDARD CONDITIONS OF APPROVAL 1. This approval is not effective until the 10-day appeal period applicable to this Use Permit/Site Development Permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal. 2. All Conditions of Approval shall be printed on all sets of building permit project plans pertaining to any site preparation work or construction associated with the development of the multi-family project and ancillary site improvements approved by the Use Permit/Site Development Permit. 3. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. 4. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met. Conditions of Approval Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 1 5. Building permits shall be issued within two years after the effective date of the Use Permit or same shall be null and void. 6. If any use permitted shall cease for six (6) consecutive months, then the right to any Use Permit permitting such use shall terminate and such Use Permit shall be revocable by the granting body. 7. If any condition is violated or if any required approval is not obtained, then the Use Permit granted shall be null and void; otherwise to continue in full force and effect indefinitely until otherwise terminated and shall run with the land. 8. The approved Use Permit may be revoked through the City's revocation process if the approved project related to the permit is not being conducted in compliance with the stipulations and conditions of approval; or, if the project is not established within two (2) years of the effective date of approval; or, if the established use for which the permit was granted has ceased or has been suspended for twenty-four (24) consecutive months. 9. Except as otherwise specifically noted, any Use Permit shall be granted only for the specific purposes stated in the action approving such Use Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. 10. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued. 11. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 7, Signs, of the UCC. AIRPORT COMPATIBILITY CONDITIONS OF APPROVAL 12. A dedication of avigation easement or a Deed Notice shall be recorded and a copy of the recorded document shall be provided to the Community Development Department prior to issuance of building permits. 13. The building should be located the furthest distance from the centerline of the extended runway. BUILDING DEPARTMENT CONDITIONS OF APPROVAL 14. Submit plans and building permit application. Please submit three complete plan sets, two wet stamped and signed. 15. The design and construction of all site alterations shall comply with the 2016 California Building Code, 2016 Plumbing Code, 2016 Electrical Code, 2016 California Mechanical Code, 2016 California Fire Code, 2016 California Energy Code, 2016 Title 24 California Energy Efficiency Standards, 2016 California Green Building Standards Code and City of Ukiah Ordinances and Amendments. Conditions of Approval Use Permit/Site Development Permit Rainbow Ag Hay Storage Structure 235 East Perkins Street File No.: 18-3613 2