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Planning Commission Minutes - March 18, 2008
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posted 06-18-2008 09:30 AM
GRASS VALLEY PLANNING COMMISSION March 18, 2008
2.0 PLEDGE OF ALLEGIANCE
Members present were Vice Chairman Jason Fouyer; Commissioners Kateri Harrison and Eleanor Kenitzer. Staff present was Community Development Director Joe Heckel, Planning Director Tom Last, Associate Planner Dan Chance, Senior Civil Engineer Trisha Tillotson, and Administrative Clerk Sue Colbert.
4.0 APPROVAL OF AGENDA
4.1 PRESENTATION OF CERTIFICATE OF APPRECIATION
5.0 APPROVAL OF MINUTES (November 20, 2007)
APPROVAL OF MINUTES (February 19, 2008)
Vice Chairman Fouyer opened and closed the public comment at 7:07 p.m.
7.0 CONSENT ITEMS - (roll call vote) All matters listed under consent calendar are to be considered routine by the Planning Commission and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before Planning Commission votes on the motion to adopt, members of the Commission, staff or the public request specific items be removed from the consent calendar for separate action.
7.1 Extension of time on Development Review Application (04DRC-37) and Use Permit (04PLN-23) for Sierra Terrace, LLC as previously approved by the City Council for the subdivision of 2.28 acre property to develop thirty residential units, including fourteen detached single family residences, four duplexes, and two four-unit condominiums located behind 130 Berryhill Drive, (APNs 08-170-35 and 09-190-36) in the C-2 (Central Business) Zoning District.
Item 7.1 was continued to the April 15, 2008 meeting.
7.2 Consideration of findings for the denial of Use Permit Application (07PLN-40) for Whaley and Associates for the expansion of eight additional mobile home sites in the Olympia Glade Mobile Estates located north of Dorsey Drive, southeast of State Highway 20/49, and southwest of Olympia Park Circle in the R-3MH (Multi-Family/Mobile Home) Zoning District. On February 19, 2008, the Planning Commission directed that findings supporting a denial of this application be returned for approval.
8.1 Development Review Application (07DRC-56) for Litton East Partners for a 45,200 sq. ft., 2-story building consisting of approximately 9,500 sq. ft. of storage/warehouse; 5,500 sq. ft of manufacturing; and the remaining 30,000 sq. ft. of office space, located on Litton Drive (APNs 35-540-01 and 35-540-02) in the CBP (Corporate Business Park) Zoning District. Environmental Determination: Mitigated Negative Declaration.
Tom Last, Planning Director reviewed the project to develop a new building to accommodate the expansion of an existing business. The proposal includes a two-story building, expanded parking lot with the entrance off of Litton Drive, as well as providing future connectivity to adjacent parcels. Several oaks, large pine and fire trees will be retained. The project satisfies the Corporate Business Park Zoning. The contemporary architectural style is compatible with other structures in the area. Mr. Last stated that the Development Review Committee reviewed the project, offered suggestions and endorsed the formal application with minor revisions. Comments from public agencies did not warrant changes to the project after circulation of the mitigated Negative Declaration.
Applicant and Representatives:
Mr. Nelson described the site design and building setting into the hillside. Secondary access will be provided through the adjacent parcel, Lot 17, in the future. Earthen material may be exported onto the adjacent lot or elsewhere in the community. Off-street parking will be a non-issue due to the over-supply provided in the design.
Questions of Applicant
Applicant John Abt noted shifts can be adjusted around existing
Vice Chairman Fouyer opened the public hearing at 7:46 p.m.
Gill Matthew, Economic Resource Council
Commissioner Fouyer asked for clarification regarding the deflection angles and bulb-outs to be used in the roundabout.
Trisha Tillotson stated the roundabout does not conform to current standards. Deflection angles will slow traffic approaching and bulb-outs slow traffic entering the roundabout.
Commissioner Kenitzer expressed concern regarding the amount of parking required for manufacturing vs. office use. She also noted her approval of the project with the added color. She appreciated the additional renderings included in the packet illustrating the changes.
Tom Last explained that fewer parking spaces are required for manufacturing use and if the ratio between the office/manufacturing use intensifies, additional parking will be required at the time a building permit for tenant improvements is issued.
Commissioner Harrison asked about bicycle parking spaces. She requested covered parking be available for bicycles.
Motion by: Commissioner Harrison motioned to approve the project using color pallet #2; including the Conditions of Approval submitted by the Engineering Department with modifications to paragraph four; as well as the addition of providing 40% covered and secured bicycle parking spaces.
1. All plans shall be implemented in accordance with the plans approved by the Grass Valley Planning Commission for Development Review Application 07DRC-56, unless changes are approved by the Commission prior to commencing such changes. Minor changes may be approved by the Community Development Department as determined appropriate by the Community Development Director.
2. The applicant agrees to defend, indemnify, and hold harmless the City in any action or proceeding brought against the City to void or annul this discretionary land use approval.
3. The applicant shall file a Notice of Determination, including payment of associated fees, in the office of the County Clerk within (5) days after the approval date of the project. The applicant shall provide a copy of the notice to the City.
4. If construction of the project has not commenced within one (1) year from the date of approval, or by March 18, 2009, the Development Review application approval shall become null and void. For the purposes of this condition, the term "commencement" means the obtaining of a City Building Permit and the initiation of construction activity on the site.
Prior to issuance of Grading Permits, the following conditions shall be satisfied:
6. The applicant shall submit one complete set of plans as approved by the Planning Commission, including the revised site and off-site grading plans, and building elevations.
7. The applicant is encouraged to reduce the number of parking spaces to the minimum allowed by the Development Code. However, the final grading and site plans shall continue to show the location of the future parking expansion area to accommodate potential parking demand changes or a different use if needed.
8. The project developer shall adhere to the following tree protection measure as noted on the project site plans during any construction activities for this project:
9. Prior to issuance of a grading permit, a Dust Mitigation Plan shall be submitted for review and approval by the Northern Sierra Air Quality Management District and City Engineer. Dust mitigation measures shall be implemented in accordance with the approved Dust Mitigation Plan. The dust mitigation plan shall include the following:
10. If tree removal and grading takes place between March and May, the applicant, prior to issuance of a tree removal permit, shall have a qualified biologist conduct field surveys for nesting raptors. A minimum of three separate surveys should be conducted during this time frame to determine if nests are present, if juveniles are seen or heard begging, and if courtship behaviors are observed. If no raptor nests are detected, construction activities may proceed with no further mitigation. If active raptor nests are identified within 500 feet of the proposed project, they will be mapped, and a report stating the survey results will be submitted to the Grass Valley Planning Department prior to grading activities. The appropriate buffer zones shall be established in consultation with CDFG. Construction activities shall be prohibited within this buffer zone until the end of the nesting season (April through July) or until the young have fledged. A qualified biologist shall monitor the nest site(s) to determine when the young have fledged and submit weekly reports to CDFG throughout the nesting season. (MM2)
a. The applicant’s botanist shall collect plants for transplanting and/or new plantings. This will include collecting seed, underground parts, and plant cuttings as appropriate.
b. The applicant’s botanist shall work with the City to identify land suitable for transplanting and/or new plantings. The planting area shall have similar soil and drainage conditions to the project site. In particular, the planting area shall contain some serpentine soils and shall have rocky soils that allow minimal percolation and rapid runoff. The planting area shall be designated “open space” by the General Plan and Zoning Ordinance that govern the planting site.
c. The applicant’s botanist shall transplant and/or establish new plantings of any special status plant species found at the project site. The applicant shall provide a source of irrigation water to encourage the transplants and new planting to grow. The applicant’s botanist shall monitor the transplants and new plantings for 18 months, and shall file monitoring reports with the City of Grass Valley. The mitigation plan shall not be held to a no-net-loss requirement for non-federally or state listed species. (MM3)
12. The applicant shall submit to the City Engineer for review and approval, an improvements and grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall pay all appropriate fees for plan check and inspection. The grading and improvement plans shall include but not be limited to roadway/driveway/parking lot slopes and elevations, curb, gutters, sidewalks, striping and signing, paving, water and sewer pipelines, storm drains, street/parking lot lights, ADA compliant access from the sidewalk to the building, ADA access from the ADA parking spaces to the building, retaining walls, any necessary alteration of existing utilities (i.e. sewer manholes), and all easements, in accordance with City Standards.
The improvement plans show drainage piped to the north. If an easement cannot be obtained, storm drainage lines and appurtenances from Sierra College will need to be extended up Litton Drive to the projects site, in accordance with City standards.
Per the traffic study, the roundabout at Litton Drive and Sierra College Drive will require modification in order to improve the functionality of the roundabout. Modifications should include improving the deflection angle of the southeast and northeast corners of the roundabout by constructing bulb outs adjacent to the sidewalk, curb, and gutter at each corner, and reconstructing the center raised islands so that vehicles approaching the roundabout are forced to slow down to 15 MPH.
The applicant has submitted a plan dated February 2008 for offsite grading with a proposed fill area (31,600 CY) on the adjacent parcel (APN 08-011-13). Off site grading shall be included in the improvement and grading plan/Grading Permit for the project and is subject to all conditions of approval associated with the Grading Permit.
13. The applicant shall submit to the City Engineer and Chief Building Inspector for review and approval, a detailed Soils Engineering Report and Engineering Geology Report certified by a Civil Engineer registered in the State of California. In addition to the California Building Code requirements, the report shall specify the pavement structural sections for the proposed roadways in relation to the proposed traffic indexes. The improvements and grading plans shall incorporate the recommendations of the approved Soils Engineering Report and Engineering Geology Report. The project developer shall retain a civil engineer, soils engineer, and engineering geologist to provide professional inspection of the grading operations. If work is observed as not being in compliance with the California Building Code and the approved improvements and grading plans, the discrepancies shall be reported immediately in writing to the permittee, the building official, and the Engineering Department.
14. The applicant shall submit to the City Engineer for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer. The drainage plans and calculations shall indicate the following conditions before and after development:
Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be in accordance with the City of Grass Valley Improvement Standards and Specifications and Master Plan Drainage Standards.
In order to preclude significant impact to downstream properties, the applicant shall limit the storm water run-off after development to the pre-development conditions for the 10, 25, and 100 year storm events. The site drainage system shall incorporate water/oil separators, or other approved methods to prevent site contaminants from impacting downstream watersheds.
15. The developer shall post a deposit (checks will be cashed) in the amount of $10,000 with the City for erosion and temporary drainage and/or sedimentation control of the project site as determined appropriate by the City Engineer. A detailed grading, permanent erosion control and landscaping plan shall be submitted for review and approval by the Engineering Department prior to commencing grading. Erosion control measures shall be implemented in accordance with the approved plans. Any expenses made by the City to enforce the required erosion control measures will be paid by the deposit.
17. The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the City for acceptance, file a Notice of Intent with the California Water Quality Control Board and comply with all provisions of the Clean Water Act. The applicant shall submit the WDID number, issued by the state, to the Engineering Department.
18. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following:
a. Notify the City of Grass Valley in writing that the applicant wishes the City to acquire an interest in the land;
19. The applicant shall obtain a Timber Harvest Permit (or appropriate exemption) from the California Department of Forestry, and shall obtain a tree removal permit from the Grass Valley Public Works Department. Prior to the removal of trees measuring 8-inches (DBH) or larger, the applicant shall provide the City with a Reforestation Bond, or suitable security, in the amount of $10,000, to guarantee diligent prosecution of the project after clearing the site. The Reforestation Bond shall be surrendered by the applicant upon abandonment of the project, or failure to obtain and prosecute the grading and building permits, within six months of removing any tree (8-inch DBH, or larger).
20. The applicant shall submit sewer calculations for the proposed development and any calculations necessary to verify the existing sewer system’s ability to carry the additional flow created by the development.
21. The improvements and grading plans shall be signed by all other jurisdictional agencies involved (i.e. NID), prior to receiving City Engineer approval.
23. The applicant shall provide information that Waste Management of Grass Valley (WMGV) has approved the plan for the trash/recycling container. The trash/recycling container shall be of adequate size to accommodate the trash and recycling needs of proposed use. The plan shall also be designed for adequate access and servicing by WMGV. The applicant shall provide verification to the Community Services Department that the trash/recycling container has been approved by WMGV. The exterior of the enclosure wall shall be decorative block or a material that is compatible with the buildings. Solid metal gates shall be used for the enclosure. The trash/recycling container shall be installed in accordance with the approved plan prior to occupancy of the building.
24. Prior to issuance of grading permits, the applicant shall record a trail easement from the subject property to the Litton Trail. The location shall be approved by the City Engineer and Planning Director.
25. Prior to initiating grading and/or construction of the site improvements for the project, the developer shall initiate the following:
a. That prior to any work being conducted within the State, County or City right-of-way, the applicant shall obtain an Encroachment Permit from the appropriate Agency.
Prior to issuance of Building Permits, the following conditions shall be satisfied:
a. Required fire flow for this building is 5,750 (five-thousand-seven-hundred-fifty) g.p.m.@ 20 psi residual. Minimum fire flow would be 1500 (one-thousand-five-hundred) g.p.m. at all fire hydrants.
28. The following items shall be submitted as part of the Building Permit Application package and be subject to the review and approval of the Planning Department:
a. Building and appurtenant structure exterior colors and materials. Paint chips of the proposed color scheme shall be included. This will include “Color Scheme No. 2” in the colored elevations, date stamped March 3, 2008, which was approved by the Planning Commission.
All of the aforementioned plans shall incorporate all of the design specifications and criteria as shown on the site plan approved and modified by the Planning Commission on March 18, 2008, unless otherwise modified as specified by condition # 1.
30. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Nevada County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.
31. Prior to final preparation of the subgrade and placement of pavement base materials, all underground utilities shall be installed and service connections stubbed out behind the hardscape improvement. Public utilities, Cable TV, sanitary sewers, and water lines, shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk, when future service connections or extensions are made.
32. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period.
33. No trucks may transport excavated material off-site unless the loads are adequately wetted and either covered with tarps or loaded such that the material does not touch the front, back, or sides of the cargo compartment at any point less than six inches to the top of the cargo compartment. Also, all excavated material must be properly disposed of in accordance with the City’s Standard Specifications.
34. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted by the applicant, for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity.
35. Prior to placing the initial lift of asphalt and after all aggregate base is placed, all public sewer pipelines and storm drain pipelines shall be video inspected at the expense of the contractor/developer. All videotapes shall be submitted to the City. If any inadequacies are found, they shall be repaired prior to the placement of the final lift of asphalt.
36. The contractor shall comply with all Occupational Safety & Health Administration (OSHA) requirements.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND EXONERATION OF BONDS, OR OTHER FORM OF SECURITY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
37. A stamped and signed Engineer’s Cost Estimate shall be approved by the Engineering Department and sufficient surety (a Maintenance Bond) guaranteeing the public improvements for a period of one year shall be provided.
38. The applicant shall offer to dedicate to the City for public use, all the public streets right-of-way or easements necessary to install, maintain, and re-install all public improvements described on the improvements and grading plans. All offers of dedication must be recorded and a copy provided to the Engineering Department.
39. The applicant shall sign and record a covenant and agreement to ensure that the onsite storm water detention facilities will be maintained by the property owner(s).
40. "As-built" plans, signed by the Engineer of Record, must be submitted to the Engineering Department on Mylar and a CD with an AutoCAD (or equivalent) drawing of the public improvements.
41. A report prepared by the soils engineer, in accordance with the California Building Code, must be submitted to the Engineering Department.
42. A report prepared by the geologist, in accordance with the California Building Code, must be submitted to the Engineering Department.
43. The grading contractor shall submit a statement of conformance to the as-built plans and specifications.
44. The applicant has applied for a lot line adjustment. The lot line adjustment must be recorded prior to acceptance of the public improvements.
Prior to Certificate of Occupancy and after the occupancy occurs, the following shall apply:
45. Prior to issuance of a certificate of final occupancy, pursuant to section 17.34.130 of the Development Code, the applicant shall provide the following:
a. A letter signed by a licensed landscape architect that the landscaping and irrigation have been installed in accordance with the approved plans.
b. Provide a copy of the landscape maintenance contract, or the bond or cash security guaranteeing the maintenance of the landscaping and irrigation for one year.
c. Provide evidence the off-site graded areas have been hydroseeded pursuant to the approved plans.
46. The applicant or landowner shall maintain the landscaping, signage, buildings, and grounds of the property in good condition. Once a deterioration of the quality of such items is noted and documented by the City, the Development Review approval (07DRC-56) on this project may be brought before the Planning Commission for enforcement action.
47. The applicant shall provide evidence that the Litton Building parking lot has been re-striped pursuant to the approved plans.
10.0 ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION
11.0 OTHER BUSINESS
11.3 Review of City Council Items
11.4 Future Meetings, Hearings and Study Sessions
12.0 Brief Announcements/Reports by Planning Commission Members
13.0 Community Development Director Report
14.0 ADJOURNMENT: Adjourn to the Regular Meeting, scheduled for Tuesday, April 15, 2008.
Motion by: Commissioner Kenitzer moved to adjourn the meeting to April 15, 2008.
Vice Chairman Fouyer adjourned the meeting at 8:17 p.m. to the regular Planning Commission meeting scheduled for 7:00 p.m. on Tuesday, April 15, 2008 in the Council Chambers at City Hall, Grass Valley, California.
Approved this ____________ Day of ________________, 2008
[This message has been edited by Barb (edited 07-16-2008).]
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