APPROVED CITY OF CITRUS HEIGHTS PLANNING COMMISSION MEETING MINUTES. June 28, 2017

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1 CITY OF CITRUS HEIGHTS PLANNING COMMISSION MEETING MINUTES 1. CALL MEETING TO ORDER Vice Chair Blair called the meeting to order at 7:00 PM. 2. OATH OF OFFICE ADMINISTERED TO MICHAEL LAGOMARSINO Planning Commission Secretary Ramsay administered the oath of office to new Planning Commissioner Michael Lagomarsino. 3. ROLL CALL Commission Present: Blair, Cox, Duncan, Lagomarsino, Schaefer, Weiland Absent: None Staff Present: Bermudez, Flores, Kempenaar, McDuffee, Norvell, Ramsay, Sherman 4. FLAG SALUTE Michael Lagomarsino led the flag salute. 5. PUBLIC COMMENT Albert Fox thanked the Planning Commission and staff for the time he worked with them while serving on the Planning Commission. 6. CONSENT CALENDAR The meeting minutes for May 24, 2017 were approved as submitted. M/S: Weiland/Duncan AYES: 5 (Blair, Cox, Duncan, Schaefer, Weiland) ABSTAIN: 1 (Lagomarsino) 7. PUBLIC HEARING A. QUANTUM CARE PLACE LLC 6550 GREENBACK LANE: Project Planner Kempenaar presented a request for approval of a Use Permit, Minor Use Permit, Design Review Permit and Tree Permit to allow development of a 32,000 square foot 63-bed senior care facility. This project is categorically exempt from further environmental review under the provisions of Section of the California Environmental Quality Act, relating to infill developments.

2 Commissioner Schaefer recused himself from the Dias due to a potential conflict of interest. There was Planning Commission and staff discussion. Commissioner Weiland asked if there is a bike lane or any other space where cars can slow down before entering the driveway. Mr. Kempenaar said that our Engineering Department determined that the driveway was designed well enough to accommodate the cars. Commissioner Weiland asked what the noise restrictions would be for deliveries. Mr. Kempenaar said that there would be a 6-foot wall noise barrier and deliveries would only take place during daytime hours. Commissioner Duncan asked if there was research done on the number of senior facilities there are in Citrus Heights. Mr. Kempenaar said he did not have an exact number. Commissioner Cox asked if the 27 parking spaces included guest parking and will it be enough? Mr. Kempenaar said that the Zoning Code establishes the standards based on the use. The applicant is requesting to exceed the parking as it is a concern. Vice Chair Blair opened the public hearing. Applicant, Jeremy Sutter, Architect for the project said he would answer any questions or concerns. They are very excited about the project. Dr. Shelton Duruisseau said he is part owner and they are committed to being a good neighbor and a community resource. He has worked in health care for the past 42 years and he is very familiar with this type of service. Bruce Hackbart voiced concerns with drainage and flooding issues. Nancy Hackbart voiced concerns regarding the height of the fence and said it should be 8-feet. Thomas Spencer spoke in opposition to this project and has concerns regarding traffic, parking and drainage. Teresa Mabry voiced concerns regarding drainage. Tim Hudson spoke in opposition to the project and has drainage concerns. Steve Simpson voiced concerns regarding drainage and parking. 2

3 Mickey spoke in opposition to the project with concerns about noise during deliveries. Principal Civil Engineer Chris Fallback said they are working with residents to address drainage concerns. Vice Chair Blair closed the public hearing. Commission Comments Commissioner Cox said that she feels the concerns are serious and valid and suggested that an 8-foot fence be proposed for privacy concerns. Commission Duncan said he has several concerns. Commissioner Weiland said he would like to see the drainage issues addressed and also feels that wall should be 8-feet. Commissioner Lagomarsino said that these concerns should have been brought to the City s attention. The Applicant addressed the Commission s concerns. Vice Chair Blair called for a motion. Motions: 1. Find that the project is Categorically Exempt from CEQA per Section of the California Environmental Quality Act, relating to Infill Developments; 2. Approve a Use Permit to allow for the operation of a 63-bed Senior Care Facility (Medical Services Extended Care) based on the findings and conditions of approval contained in the staff report; with an addition to require a parking management plan. 3. Approve a Design Review Permit to allow for the construction of a 32,000 square foot, 63-bed facility on an existing 1.85 acre site based on the findings and conditions of approval contained in the staff report; with an amendment to condition of approval #8. 4. Approve a Minor Use Permit to allow for the project to exceed the maximum parking allowed in the Zoning Code based on the findings and conditions of approval contained in the staff report; and 3

4 5. Approve a Tree Permit for the removal of numerous trees onsite based on the findings and conditions of approval contained in the staff report. M/S: Weiland/Duncan AYES: 5 (Blair, Cox, Duncan, Lagomarsino, Weiland) CONDITIONS OF APPROVAL FOR USE PERMIT (FILE # UP-17-01) 1. The applicant shall comply with all City of Citrus Heights Codes and Regulations, including but not limited to the Citrus Heights Municipal Code and Zoning Code, Uniform Building Code; Uniform Fire Code and Sacramento County Environmental Health Department standards. 2. The project is approved as described in this report and as shown in Exhibits A through L and described in the Applicant s project description (Exhibit A) and shall conform to all conditions of approval and exhibits included within this project for the construction of a 32,000 square foot 63-bed senior care facility. [Planning] 3. Minor modifications to the design of the project, including site layout, colors and materials, may be approved by the Community and Economic Development Director provided such changes are consistent with the overall design as approved herein. Major modifications will require Planning Commission approval. [Planning] 4. The Use Permit approval is valid for two years and shall expire and become void if not exercised or an extension of time has been granted in accordance with Zoning Code Section A. [Planning] 5. Construction access to the site shall be restricted to access from Greenback Lane. No access to the site shall be from Creek Haven Drive. [Planning] 6. The following operational restrictions shall be adhered to at all times: a. Services Deliveries Limited to 7AM to 5PM b. Solid Waste Removal Limited to 8AM to 7PM c. Emergency Generator Maintenance Limited to 10AM to 5PM [Planning] 7. The applicant shall develop a Parking Management Plan that addresses employee parking, shift changes, visiting medical professionals and visitors. Should parking issues arise, as determined by the Planning Division, the applicant shall modify its operations in order to ensure parking does not impact the surrounding neighborhood. The applicant is responsible for implementing any 4

5 measures determined necessary to ensure parking does not spill into the adjacent neighborhood. [Planning]. 8. Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this permit challenging the validity of the Agreement or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement. Developer may select its own legal counsel to represent Developer s interests at Developer s sole cost and expense. The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein. [Planning] CONDITIONS OF APPROVAL FOR DESIGN REVIEW PERMIT (FILE # DRP ) General Conditions 1. The applicant shall comply with all City of Citrus Heights Codes and Regulations, including but not limited to the Citrus Heights Municipal Code and Zoning Code, Uniform Building Code; Sacramento Metropolitan Fire District fire and life safety codes, Sacramento County Environmental Health Department standards. 2. The project is approved as described in this report and as shown in Exhibits A through L and described in the Applicant s project description (Exhibit A) and shall conform to all conditions of approval and exhibits included within this project for the construction of a 32,000 square foot 63-bed senior care facility. [Planning] 3. Minor modifications to the design of the project, including site layout, colors and materials, may be approved by the Community and Economic Development Director provided such changes are consistent with the overall design as approved herein. Major modifications will require Planning Commission approval. [Planning] 4. The applicant shall submit construction plans to other permitting agencies as required by the project, including Sacramento Metropolitan Fire District, Citrus 5

6 Heights Water District, Sacramento County Environmental Health, Sacramento Area Sewer District, and Sacramento Municipal Utility District. 5. This Design Review Permit approval does not include any signs. All sign plans must receive separate review and approval by the Planning staff prior to installation of any new signs. [Planning] 6. All outdoor lighting including parking lot lighting shall be designed with full shields, and cut off flat lenses to ensure that all light from any fixture will not direct light skyward, and will minimize light pollution consistent with Section of the Zoning Code. Flood lights are strictly prohibited. [Planning] 7. Building plans shall demonstrate that the rooftop equipment will be screened from public view to the satisfaction of the Planning Division. [Planning] 8. The trash enclosure and masonry walls shall be coated with anti-graffiti coating. The masonry wall surrounding the site shall be a minimum of 8 in height along the east, south, and western property lines adjacent to existing residences subject to Planning Division Approval [Planning] 9. The project applicant shall develop a Construction Traffic Management Plan to the satisfaction of the City s General Services Department. The plan would include items such as: the number and size of trucks per day, expected arrival/departure times, truck circulation patterns, location of truck staging areas, employee parking, and the proposed use of traffic control/partial street closures on public streets. The overall goal of the Construction Traffic Management Plan would be to minimize traffic impacts to public streets and maintain a high level of safety for all roadway users. The Construction TMP shall adhere to the following performance standards throughout project construction: a) Delivery trucks do not idle/stage on Greenback Lane b) Any lane closures along the project s frontages are limited to a single lane during off-peak hours (8:30 AM to 3:30 PM). c) All construction employees shall park on-site or in designated lots owned or leased by the applicant. d) Roadways, sidewalks, crosswalks, and bicycle facilities shall be maintained clear of debris (e.g., rocks) that could otherwise impede travel and impact public safety. [Planning] 10. Provide bicycle parking facilities per City of Citrus Heights requirements near building entrances. [Planning] 6

7 11. Prior to installation of Landscaping, the project Landscape Architect shall submit documentation to the City that demonstrates: a) Soil has been tested and prepared as necessary based on the Soils Analysis. b) The Irrigation has been installed compliant with the Zoning Code and approved landscape plan. c) Tree planting sites comply with the minimum soil volume as identified in the Zoning Code and landscape plan. [Planning] 12. The site s stormwater discharge for post-development shall be limited to the flow exiting the site during pre-existing conditions. [Engineering] 13. The proposed 8-inch waterline on the west side of the site is located on City property. All landscaping and/or paved areas on the parcel (APN: ) shall be restored to the City s satisfaction. [Engineering] 14. Property owner shall acquire the proposed 20-ft wide water easement located on adjacent City owned parcel to the west. [Engineering] 15. Existing sidewalks and the proposed driveway along Greenback Lane shall comply with all state and federal accessibility (ADA) requirements. [Engineering] 16. Prior to Final of Building Permit the applicant shall abandon the existing onsite well according to Sacramento County standards. [Planning] 17. Construct a street barricade at the end of Creek Haven Way per City requirements. The barricade shall be located in front of the proposed masonry wall within the existing ROW for Creek Haven Way. [Engineering] 18. Any work within the City s Right-of-Way (ROW) requires an Encroachment Permit from the General Services Department. [Engineering] 19. All Engineering Development Impact Fees shall be paid prior to issuance of any building permits. Fees are calculated under the Care Facility use: a. Roadway Impact Fees ($ per room) b. Transit Impact Fees ($ per room) c. Administration Fees ($12.88 per room) i. Drainage Fees ($13,237 per acre Commercial Use) 20. To obtain sewer service for this proposed project, construction of onsite and offsite sewer infrastructure shall be required to the satisfaction of SASD. [SASD] 21. SASD Design Standards apply to any onsite and offsite sewer construction. Field modifications to new or existing precast manhole bases are not allowed. [SASD] 7

8 22. SASD requires their sewers to be located a minimum of 10 feet (measured horizontally from edge of pipe to edge of pipe) from all potable water lines. Separation of sewer line from other parallel utilities, such as storm drain and other dry utilities (electrical, telephone, cable, etc.) must be a minimum of 7 feet (measured horizontally from the center of pipe to the center of pipe). Any deviation from the above separation due to depth and roadway width must be approved by the SASD on a case by case basis. During the submission of the improvement plans, the applicant has to demonstrate this condition is met. [SASD] 23. SASD and Regional San may require additional sewer impact fee payments in accordance with each District s Ordinances. Fees are to be paid prior to the issuance of building permits. Applicant should contact Permit Services Unit at (916) for sewer impact fee information. [SASD] 24. Owner/ developer shall have all water related infrastructure shown on the Improvement Plans in compliance with SSWD's Regulations Governing Water Service (Regulations) as well as Improvement Standards and Technical Specifications (Standards). [SSWD] 25. Owner/ developer shall pay all applicable water related fees to SSWD per Regulations. [SSWD] 26. Owner/ developer shall grant easements to SSWD for both existing and proposed water related infrastructure located on the parcels. Easement widths shall be current Standards. The current standard easement width is 20-feet wide. [SSWD] 27. Any relocation of existing water related infrastructure shall be depicted on the plans and performed at owner/ developer's expense. [SSWD] 28. Dead-end fire access roads greater than 150 long, shall be provided with an approved fire apparatus turnaround conforming to SMFD Fire Prevention Standard 3. Turn-around shall be located within 50 feet of the end of the access roadway. [Fire] 29. Show the design for a fire access roadway of not less than 20-feet of unobstructed width, 13-feet, 6-inches of vertical clearance, and turning radii of 25 feet inside and 50 feet outside dimension on the improvement plans. The access roadway shall extend to within 150 feet of all portions of the exterior walls of the first story of any proposed building. The use of turf-block or grass-crete or similar alternate road surfaces is not approved for installation in fire apparatus access roadways. [Fire] 30. Show on the plans how Fire Lanes will be marked. Fire Lane identification shall be provided along the required fire access roadway. Fire Lane identification shall 8

9 be in accordance with the Sacramento Metro Fire Districts Fire Prevention Standard #3 and the California Vehicle Code. Vehicle parking is prohibited on any street less than 28 feet in width. Vehicle parking is permitted on both sides of streets 36 feet or more in width. Roadway widths shall be measured between the gutter-line or edge of pavement on opposite sides of the road. Identification of fire apparatus access roadways may be required on private roads. [Fire] 31. Provide a note on the plan that reads, Fire access roadways shall be built to bear a minimum of 80,000 pounds and meet the Sacramento County Public Works Standards for roadways. A report, prepared by a registered geotechnical engineer, verifying the ability of the road to bear the required minimum weight, shall be submitted with any plan indicating construction of roadway. Verification of constructed roadway shall be provided by a registered geotechnical engineer prior to final of the project. [Fire] 32. Show the location of the required fire hydrants for this project on the improvement plans. Approved fire hydrants capable of providing the required fire flow for the protection of any and all structures shall be located along the fire apparatus access roadway. The required fire hydrants shall be installed and operational prior to any construction or on-site storage of combustible materials. The minimum required fire flow for the protection of commercial developments is 1,500 gallons per minute (gpm) at a pressure of 20 pounds per square inch (psi) for a two-hour duration. 33. Show the location of the required fire department connection (FDC). The FDC shall be located on the address side of the building and within 40 feet of an approved fire hydrant. [Fire] Prior to Issuance of Building Permits 34. Final detailed landscaping and irrigation plans for the project site shall be submitted and approved by the Planning Division. [Planning] 35. The applicant shall obtain final approval and issuance of the Tree Permit associated with the project. [Planning] 36. Provide building height and area calculations in substantial conformance with 2016 CBC Chapter 5. [Building] 37. The applicant shall provide improvement plans that address post best management practices for storm water quality. [Engineering] 38. The applicant shall meet the following: Civil Site Plans and Architectural Plans shall be submitted and approved prior to Final Building Permit being issued. Fire Service Underground, Fire Sprinkler and Fire Alarm plans shall be submitted prior to Final Building Permit being issued. Please note: The Sacramento Metro 9

10 Fire District does not allow deferred submittals for Fire Sprinkler and/or Fire Alarm plans. [Fire] Prior to Final Occupancy 39. Prior to Final of Building Permit, the project Landscape Architect shall: a) Certify in writing that the landscaping has been installed in compliance with the Zoning Code and approved landscape plan. b) Demonstrate and certify in writing that the irrigation has been installed and is in compliance with the Zoning Code and landscape irrigation plans. The City may require an irrigation audit performed by a certified irrigation auditor. [Planning] 40. Prior to the Final of Building Permits, the applicant shall call for inspection by the Planning Department to verify compliance with the approved plans. [Planning] 41. All site improvements shall comply with all accessibility standards including the UBC and the American Disability Act (ADA) requirements. [Building] 42. Dedicate Right-of-Way (ROW) along Greenback Lane to the back of existing sidewalk. [Engineering] 43. Dedicate Public Utilities Easement (PUE) along Greenback Lane adjacent to the new ROW. Minimum width for easement is 12.5 feet. [Engineering] 44. Dedicate a 10-ft wide Drainage Easement for the existing storm drain line located in the NE corner of the parcel. Existing pipe shall be centered within the easement. [Engineering] 45. Site shall meet the pre and post Best Management Practices (BMP s) for Stormwater Mitigation per State of California requirements. Stormwater runoff must be filtered prior to exiting the site. [Engineering] 46. Property owner shall enter into a storm-water device access agreement for the proposed storm filters on the site. Access agreement shall allow periodic City inspections of the storm-water devices. Agreement shall be executed prior to issuance of any building permit. [Engineering] 47. Owner/ developer shall achieve Final Acceptance for all public/ SSWD water related infrastructure shown on the SSWD-approved improvement plans. [SSWD] 48. The owner/ developer shall install water related infrastructure for any new water services. The water improvements shall be installed at owner/ developer's expense and in compliance with SSWD' s Regulations and Standards. District Regulations require hospitals and commercial buildings to be served by a 12-inch 10

11 Class 350 ductile iron pipe water main. Any new service(s) for this property shall be from the new 12-inch water main. [SSWD] 49. All items identified on the Fire District Red Card shall be inspected, tested and approved. [Fire] 50. Approved numbers or addresses shall be placed on all new or existing buildings in such a position as to be easily read from the street or road fronting the property. The minimum size of the numbers shall not be less than twelve (12) inches and shall be mounted immediately adjacent to a light source and shall also contrast with their background. [Fire] 51. All structural setbacks shall be a minimum of 14-feet from the edge of the roadway right-of-way. Structural setbacks less than 14-feet shall require the Applicant to conduct a pre-engineering meeting with all utilities to ensure proper clearances are maintained. [SMUD] 52. In the event the Applicant requires the relocation or removal of existing SMUD facilities on or adjacent to the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal. [SMUD] 53. SMUD reserves the right to use any portion of its easements on or adjacent to the subject property that it reasonably needs and shall not be responsible for any damages to the developed property within said easement that unreasonably interferes with those needs. [SMUD] 54. The Applicant shall not place any building foundations within 5-feet of any SMUD trench to maintain adequate trench integrity. The Applicant shall verify specific clearance requirements for other utilities (e.g., Gas, Telephone, etc.). [SMUD] 55. In the event the City requires an Irrevocable Offer of Dedication (IOD) for future roadway improvements, the Applicant shall dedicate a 12.5-foot public utility easement (PUE) for overhead and/or underground facilities and appurtenances adjacent to the City s IOD. [SMUD] 56. The Applicant shall dedicate any private drive, ingress and egress easement, or Irrevocable Offer of Dedication (and 10-feet adjacent thereto) as a public utility easement for (overhead and) underground facilities and appurtenances. All access roads shall meet minimum SMUD requirements for access roads. [SMUD] 57. Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this permit challenging the validity of the Agreement or any Project Approval or 11

12 any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement. Developer may select its own legal counsel to represent Developer s interests at Developer s sole cost and expense. The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein. [Planning] CONDITIONS OF APPROVAL FOR MINOR USE PERMIT (FILE # MUP-17-03) 1. The Minor Use Permit allows the site plan to exceed the maximum parking requirement by providing 27 stalls. Within 6-months of the facility operating at full occupancy (or other time determined by the City), the City and the Property owner shall evaluate the parking demand for the site. If the evaluation determines additional parking is required, the applicant shall submit an updated parking plan for staff review and approval. The City may require an updated grading plan and/or building permit be obtained required prior [Planning] 2. Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this permit challenging the validity of the Agreement or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement. Developer may select its own legal counsel to represent Developer s interests at Developer s sole cost and expense. The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein. [Planning] CONDITIONS OF APPROVAL FOR TREE PERMIT (FILE # TP-17-09) General Conditions 12

13 1. Trees 7971, 7985, 7986, and 7941 and any trees on adjacent properties shall be preserved and protected. No activity within the dripline of any tree beyond that identified within this report is permitted without approval from the Planning Department. Activity includes trenching, digging, or other similar activity that could occur during construction of the project and/or the installation of utilities. 2. Prior to issuance of a Building or Grading Permit, the applicant shall submit a final Tree Impact Assessment. The tree impact assessment report shall include all preservation measures, including details for modified curbs and paving that the applicant shall undertake during construction to ensure the long-term health and safety of the trees. The impact assessment report shall take into account improvement plans that show any encroachment into the drip-lines of any protected trees including utility trenching, retaining walls, etc. If avoiding construction within the dripline of protected trees is not feasible other mitigation measures offered by a certified arborist and accepted by the Planning Division must be made. [Planning] 3. All recommendations contained in the Arborist Report shall be incorporated as part of these conditions except as modified herein. This includes: a) Maintenance pruning to remove deadwood and excessive weight and minor clearance pruning; b) Regarding and mulching as indicated; c) Deep root fertilization; and d) Installation of cable system when called for. [Planning] 4. The conditions of approval shall be distributed to all contractors and subcontractors who have access to the site. It is the responsibility of the property owners and contractor to inform all subcontractors of the tree preservation requirements. [Planning] PRIOR TO ISSUANCE OF A BUILDING PERMIT 5. Payment of tree mitigation fees may be required. Mitigation for the loss of protected trees includes replanting other tree species acceptable by the City or the applicant could pay into a tree preservation fund ($298 per inch of diameter) managed by the City. Final mitigation fees will be determined prior to the issuance of the permit. 6. A fencing plan shall be shown on the approved site plan demonstrating the dripline for the affected trees. The fencing plan shall be reviewed and approved 13

14 by the Planning Department prior to the placement of the protective fencing. [Planning] 7. The applicant shall install a minimum of a five-foot high chain link fence (or acceptable alternative) at the outermost edge of the dripline of the trees. Signs must be installed by the applicant on the temporary fence at least two (2) equidistant locations to be clearly visible from the front of the lot. The size of each sign shall be a minimum of two feet (2 ) by two feet (2 ) and must contain the following language: WARNING THIS FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE PLANNING DEPARTMENT (Planning) 8. The applicant shall contact the Planning Department to inspect and approve the temporary fencing and signs around the protected zones before beginning any construction. [Planning] 9. All pruning shall be completed prior to the beginning of construction. Pruning shall be done by an Arborist or under the direct supervision of a Certified Arborist, in conformance with International Society of Arboriculturalists (I.S.A.) standards. [Planning] 10. Any watering or deep root fertilization which the arborist deems necessary to protect the health of the trees due to the construction impacts shall be completed by the applicant, prior to occupancy. [Planning] 11. A utility trenching plan shall be submitted which demonstrates that the trenching-pathway for all utilities will be located outside the dripline of all retained trees, trees on adjacent properties and trees on the City owned open space. If this mitigation is not feasible other mitigation measures offered by a certified arborist and accepted by the Community Development Director must be made. [Planning] 12. Replacement planting of trees shall be completed so that for each inch of protected tree removed, a replacement 15-gallon size tree shall be planted in its place within a subject property. The applicants must submit a planting plan to the City to the satisfaction of the Community Development Director or pay into the City s tree preservation fund ($298 per inch of diameter). [Planning] DURING CONSTRUCTION AND PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT 13. The following information must be located on-site during construction activities: 14

15 A. Arborist s report B. Approved site plan including fencing plan C. Conditions of approval for the Tree Permit D. To avoid root injury, any excavation within the dripline shall be conducted with hand tools. [Planning] 14. A certified arborist shall monitor any excavation within the dripline of any tree. [Planning] 15. All finished grading shall ensure that no water will collect within the dripline of any native oak tree. [Planning] 16. Submit and receive approval of a Landscape and Irrigation Plan for any landscaping within the dripline of any oak tree. Only low-water usage plantings may be planted under the dripline of any oak tree. [Planning] 17. If any native ground surface fabric within the dripline must be removed for any reason, it shall be replaced within forty-eight (48) hours. [Planning] 18. Storage of materials, equipment and vehicles is not permitted within the dripline of any oak tree. Vehicles and other heavy equipment shall not be operated within the dripline of any oak tree. [Planning] 19. The certified arborist shall immediately treat any severed or damaged roots (NOTE: Without exception, all digging shall be done using hand tools, no machine trenching shall be allowed in the dripline of any oak tree). Minor roots less than one (1) inch in diameter may be cut, but damaged roots shall be traced back and cleanly cut behind any split, cracked or damaged area. Major roots over one (1) inch in diameter may not be cut without approval of an arborist and any arborist recommendations shall be implemented. [Planning] 20. The temporary fencing shall remain in place throughout the entire construction period and shall not be removed without obtaining written authorization from the Planning Department. In no event shall the fencing be removed before the written authorization is received from the Planning Department. [Planning] 21. Within 5 days of the completion of the construction, a Certification Letter from a certified arborist shall be submitted to and approved by the Planning Department. The certification letter shall attest to all of the work (regulated activity) which was conducted in the dripline of the trees, either being in conformance with this permit or of the required mitigation still needing to be performed. [Planning] 22. Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a 15

16 party to this permit challenging the validity of the Agreement or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement. Developer may select its own legal counsel to represent Developer s interests at Developer s sole cost and expense. The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein. [Planning] Commissioner Schaefer returned to the Dias. B. ZONING CODE REVISION FOR WIRELESS TELECOMMUNICATION FACILITY: Project Planner Bermudez presented a request to revise various Sections of the City s Zoning Code regarding the regulations of Wireless Telecommunication Facilities including the applicability of the regulations, the development standards for wireless facilities within the City s public right-of-way. A complete list of revisions will be posted to the City s website This item was continued from the May 24, 2017 meeting. There was Planning Commission and staff discussion. Vice Chair Blair opened the public hearing. David Griffith, Mobilitie, LLC) spoke in support of the project. Vice Chair Blair closed the public hearing. Vice Chair Blair called for a motion. Motions A. Recommend the City Council determine that the proposed project is exempt from CEQA under Section 15061(b)(3); and B. Recommend the City Council adopt the ordinance amending the Zoning Code in regards to wireless telecommunication facilities as provided in Exhibits A and B. 16

17 M/S: Weiland/Duncan AYES: 6 (Blair, Cox, Duncan, Lagomarsino, Schaefer, Weiland) 8. REGULAR CALENDAR A. PLANNING COMMISSION TRAINING FOR 2017/18 The Planning Commission expressed an interest in training for Planning Commission roles and training on drainage issues. B. ELECTION OF OFFICERS Russell Blair was nominated and appointed Planning Commission Chair. Michael Lagomarsino was nominated and appointed Planning Commission Vice-chair. 9. ADJOURNMENT There being no further business, the meeting was adjourned at 9:46 PM to the next meeting of September 13, Respectfully Submitted, Karen Ramsay Planning Commission Secretary 17