1. Waive the Reading and Approve the Minutes of the August 16, 2011 Planning Commission Meeting with any necessary corrections.

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1 A. CALL TO ORDER: 6:30 p.m. CITY OF CORNING PLANNING COMMISSION AGENDA TUESDAY, SEPTEMBER 20, 2011 CITY COUNCIL CHAMBERS 794 THIRD STREET CORNING, CA B. ROLL CALL: Commssoners: Rely Barron Posson Vacant Charman: Robertson C. MINUTES: 1. Wave the Readng and Approve the Mnutes of the August 16, 2011 Plannng Commsson Meetng wth any necessary correctons. D. BUSINESS FROM THE FLOOR: If there s anyone n the audence wshng to speak on tems not already set on the Agenda, please come to the podum, and brefly dentfy the matter you wsh to have placed on the Agenda. The Commsson wll then determne f such matter wl be placed on the Agenda for ths meetng, scheduled for a subsequent meetng, or recommend other approprate acton. If the matter s placed on tonght's Agenda, you wll have the opportunty later n the meetng to return to the podum to dscuss the ssue. The law prohbts the Commsson from takng formal acton on the ssue, however unless t s placed on the Agenda for a later meetng so that nterested members of the publc wl have a chance to appear and speak on the subject. E. PUBLIC HEARINGS AND MEETINGS: Any person may speak on tems scheduled for hearng at the tme the Charman declares the Hearng open. ALL LEGAL NOTICES PUBLISHED IN ACCORDANCE WITH LAW. 2. Use Permt , AutoZone Stores: Permt AutoZone Stores to construct an approxmately 7,648 sq. ft. buldng to be used for the commercal sale of automotve parts. The ste s located along the south sde of Solano Street approxmately 450 feet east of the Solano St.Edth Avenue - Hghway 99W Intersecton. Address: 2123 Solano Street, APN No Use Permt No , Blue Beacon, Internatonal: Consder amendng Condton No. 5 requrng mmedate undergroundng of overhead telephone utltes and make a recommendaton to the Cty Councl on a possble reducton n the sewer related Development Impact Fees appurtenant to the project. F. REGULAR AGENDA: All tems lsted below are n the order whch we beleve are of most nterest to the publc at ths meetng. However, f anyone n the audence wshes to have the order of the Agenda changed, please come to the podum, and explan the reason you are askng for the order of the Agenda to be changed. G. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: H. ADJOURNMENT: POSTED: FRIDAY, SEPTEMBER 16, 2011 The Cty of Cornng s an Equal Opportunty Employer

2 t+!m ljo,: c~ \ CITY OF CORNING PLANNING COMMISSION MINUTES TUESDAY, AUGUST 16, 2011 CITY COUNCIL CHAMBERS 794 THIRD STREET CORNING, CA A. CALL TO ORDER: 6:30 p.m. B. ROLL CALL: Commssoners: Rely Vacant Barron Posson Charman: Robertson All members of the Commsson were present except Commssoner Robertson. One vacancy stll remans on the Commsson. C. MINUTES: 1. Wave the Readng and Approve the Mnutes of the July 19, 2011 Plannng Commsson Meetng wth any necessary correctons. John Stoufer ponted out some necessary correctons ctng that Commssoner Barron s lsted as votng on the ssues before the Commsson and he was n fact absent. Also ponted out was the wrongful spellng of some names. Ths beng noted, Commssoner Barron motoned to approve the Mnutes wth the stated correctons. Commssoner Posson seconded the moton. Ayes: Rely, Barron and Posson. Opposed: None. Absent: Robertson. Abstan: None. Moton was approved by a 3-0 vote wth Robertson absent and one vacancy on the Commsson. D. BUSINESS FROM THE FLOOR: None. E. PUBLIC HEARINGS AND MEETINGS: Any person may speak on tems scheduled for hearng at the tme the Charman declares the Hearng open. ALL LEGAL NOTICES PUBLISHED IN ACCORDANCE WITH LAW. 2. Contnued Publc Hearng: Dscuss Amendng the Outdoor Sgn Regulatons. Contnued dscusson wth Staff and Ctzens regardng amendng the "Outdoor Advertsng Sgn Regulatons" to allow the placement of 'Welcome/Gateway Sgns" wthn the Cty. Actng Charperson Relly ntroduced ths tem by ttle and presented a bref background on the ssue emphaszng that ths s the frst n a multphase process of changes to ths current Ordnance. He stated that tonght n a publc hearng we wll be dscussng what we are callng 'Welcome/Wayfndng" Sgns, these are the sgns formally known as the Gateway Sgns at the two Intersectons where 1-5 traffc comes off nto the Cty (Solano St. at Edth/Hwy. 99-W and South Ave./Hwy. 99-W). Commssoner Relly stated that the Adhoc Commttee (consstng of two members of both the Cty Councl and Plannng Commsson along wth members of Cty Staff) wl contnue to meet to dscuss future wayfndng proposals such as the possblty of utlzng Solano Street lght poles for banners and street sgn poles for wayfndng sgns. He stressed that everyhng that s beng done through ths amendment has to do wth the advertsers payng for the advertsement; the Cty would not be advertsng for any busness. Plannng Drector Stoufer stated that he has receved the regulatons/language dscussed by the Adhoc Commttee relatng to the Welcome/Wayfndng Sgns and t s lsted n the staff report as tems A thru K. He further stated that he receved tonght some recommended changes provded by former Plannng Drector and current Publc Works Drector John Brewer who worked dlgently on the adopton of the exstng Outdoor Advertsng Sgn Regulatons. Mr. Stoufer then presented the Commsson copes of Mr. Brewer's recommended changes to the proposed tems A thru K. The Cty of Cornng s an Equal Opportunty Employer

3 He emphaszed that these relate to the Welcome Sgns only, t s not a regulaton that would permt any other sgns wthn the Cty at ths tme. He stated that these two sgns would have to be ether on prvate property or Cty Rght-of Way f the encroachment was permtted. He stated that n revewng Caltrans regulatons, they wll not allow a sgn of ths nature wthn ther Easement or Rght-of-Way. They wll allow Gateway Sgns. The Rotary Club s lookng at somethng possbly for a monument as an entrance/gateway nto the Cty, but you cannot advertse an ndvdual busness on there...those types can go wthn Caltrans Easements. Caltrans has very strct rules about sgns wthn ther Rght of Way/Easements. Mr. Stoufer reterated that Welcome/Wayfndng sgns are not allowed to be wthn Caltrans Easements/Rght-of-Ways, they can only be ether on prvate property or Cty Rght-of-Way f the encroachment was permtted. Commssoner Relly asked about Item E (Each busness wth a placard on the sgn must pay a yearly fee of $100 to the Cty of Cornng) of Mr. Brewer's recommendatons relatng to the fee. In parentheses Mr. Brewer asks what s the purpose of ths fee, mantenance was to be performed by the sgn owners? Commssoner Relly stated hs dsagreement wth Mr. Brewer explanng that ths was dscussed at length by the Adhoc Commttee. He explaned the reasonng for that fee, whch can be adjusted hgher or lower, was to address such ssues as closure of lsted busnesses, sgn grafft, whatever, the Cty can send Publc Works out to remove a sgn, remove the grafft, etc., ths was a provson put n place to ensure that the sgns would be mantaned and look great. Mr. Stoufer explaned that Publc Works s lmted n employees and ths s just one more duty we put on them. He stated t was actually dscussed n Adhoc that these fees would allow the Cty to actually hre/contract for someone to perform the mantenance of the sgns f necessary. Commssoner Relly stated hs belef that the fee s a legtmate fee to have n place; Mr. Stoufer stated t s a backup to ensure that the sgns would be mantaned. Commssoner Barron stated hs belef and possbly the belef of busnesses that the $100 depost and the $100 annual fee mght be excessve. Commssoner Posson stated she ddn't beleve these fees to be out of lne. Mr. Stoufer suggested other fee language optons, such as splttng the cost of any mantenance between all busnesses on the sgn. Actng Charperson Relly opened the Publc Hearng at 6:48 p.m. Plannng Tony Cardenas: Stated f you charge busnesses (sgn owners) lsted on the sgn who contrbuted towards the sgn constructon the annual mantenance fee, they have no ncentve to take care of ther sgn. Commssoner Relly suggested elmnatng the $100 annual fee and collectng only the ntal depost of $100 wth the stpulaton that ths be revewed n 12-months to decde f addtonal language s needed to add a $100 yearly mantenance fee, Mr. Stoufer suggested removng tem "D" on hs lst of recommendatons completely explanng that a new Resoluton would be requred to add the $100 annual mantenance fee followng the 12-month revew as the Ordnance could not just be amended. Paulyne Whte: Suggested addng a stpulaton that the depost be non-refundable. Commssoner Relly agreed wth ths statng that due to lablty ssues, the Cty really wouldn't want busness owners clmbng up on ladders to remove ther sgns, but nstead would want the Cty to remove them. The non-refundable fee could dscourage ths possble lablty. Commsson members agreed to both suggestons. Plannng Drector Stoufer then asked for drecton from the Commssoners on the language n the recommendatons. The Commssoners present agreed by consensus to the followng recommendatons:./ Openng Paragraph: Commssoner Posson stated she prefers Mr. Brewer's language, especally n the openng paragraph as t has more detal that makes t clear exactly what the Commsson dscussed. Ths wl elmnate the need for Item E on John Stoufer's lst of recommendatons. Ths paragraph wl state: The Cty of Cornng s an Equal Opportunty Employer

4 A "Welcome/Wayfndng sgn" s a freestandng "off-premses" sgn that ncludes a communty "welcome" message and drectonal nformaton to 10 or fewer ndvdual busnesses whch shall be dsplayed on ndvdual placards whch shall be located wthn 100 feet of the Edth A ve.lhwy. 99- W/Solano Street ntersecton or the South Ave.lHwy. 99-W ntersecton and comply wth the followng regulatons and desgn standards:./ A: Not more than two such sgns shall be permtted. Only one sgn wl be permtted at each ntersecton. Commssoner Barron requested clarfcaton of whether ths meant a total of 2 sgns at 2 defned ntersectons or 1 sgn at 2 defned ntersectons; t was stated the ntent was the latter../ B: Use language lsted on John Brewer's lst of recommendatons as B & C: B) Have a maxmum of 10 busness placards per sgn. Fve placard spaces wl be reserved for busnesses assocated wth the olve ndustry or agr-toursm../ C: Busnesses dsplayng placards shall be located wthn the Cty of Cornng, or be assocated wth agr-toursm or the olve ndustry../ D: The Commsson approved Mr. Brewer's language recommendaton wth the addtonal statement that the fee would be non-refundable: Each busness or busnesses placng a placard on the Welcome/Wayfndng sgn must make an ntal non-refundable depost wth the Cty of Cornng of $100 for the future removal of the placard f that partcular busness ceases to exst or the busnesses fal to mantan the sgn or placard n proper condton as determned by the Cty Councl../ E: The maxmum sze shall be 350 cubc feet, maxmum heght 30 feet above grade, maxmum wdth of 15 feet ncludng support structures. Add the stpulaton that "The artst's conceptual renderng of the sgn must be presented and approved by the Plannng Commsson pror to nstallaton" to Item I of John Stoufer's recommendatons. Mr. Stoufer stated that he would be renumberng the recommendatons and the addton mentoned would be ncluded../ F: Incorporate the Cornng marketng logo wth graphcs, color, desgn and style as adopted by the Cty Councl. Each busness placard placed on the sgn must be dentcal n sze, style, color and desgn../ G: Be composed of materals that are durable for the projected lfe span of the sgn and protected wth approved grafft resstant coatngs../ H: Be desgned and constructed to mnmze mantenance and be located n an area that wl not mpede vehcular sght dstance at the ntersectons and mnmze the lkelhood of beng struck by an errant vehcle. The Artst's conceptual renderna of the sqn n the locaton where t wl be constructed must be presented to and approved bv the PlannnQ Commsson pror to nstallaton../ I: Be located where mantenance can be easly performed../ J: Must obtan a Buldng Permt from the Cty of Cornng Buldng Department and an Encroachment Permt f applcable (.e. on wthn Cty Rght-of-Way) from the Cty of Cornng Publc Works Department pror to constructon of the sgn and comply wth any applcable Local, State, and Federal regulatons. Also dscussed was whether the placards could be two-sded. It was determned that they could. Wth no further dscusson, Commssoner Posson moved to close the Publc Hearng at 7:33 p.m. and Commssoner Barron seconded the moton. Ayes: Rely, Barron and Posson. Absent: The Cty of Cornng s an Equal Opportunty Employer

5 Robertson. Opposed/Abstan: None. Moton was approved by absent and one vacancy on the Commsson. a 3-0 vote wth Robertson Commssoner Posson then moved to recommend that the Cty Councl adopt a Resoluton amendng the Outdoor Advertsng Sgn Regulatons allowng 'Welcome Sgns" as recommended by the Adhoc Commttee wth revsons recommended by the Plannng Commsson. Commssoner Barron seconded the moton. Ayes: Rely, Barron and Posson. Absent: Robertson. Opposed/Abstan: None. Moton was approved by a 3-0 vote wth Robertson absent and one vacancy on the Commsson. Mr. Stoufer then nformed the Commssoners that he would send each of them a copy of the Resoluton pror to ts presentaton to the Cty CouncL. F. REGULAR AGENDA: None. G. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None. H. ADJOURNMENT: 7:37 p.m. Lsa M. Lnnet, Cty Clerk The Cty of Cornng s an Equal Opportunty Employer

6 ITEM NO: E-2 USE PERMIT APPLICATION ; AUTOZONE STORES, CONSTRUCT AN APPROXIMATELY 7,648 SQ. FT. BUILDING TO BE USED FOR THE SALE OF AUTOMOTIVE PARTS ALONG THE SOUTH SIDE OF SOLANO ST., APPROXIMATELY 450 FT EAST OF THE SOLANO ST. I EDITH AVE. - HWY 99W INTERSECTION. APN: ADDRESS:2123 SOLANO ST SEPTEMBER 20, 2011 TO: PLANNING COMMISSIONERS OF THE CITY OF CORNING FROM: JOHN STOUFER; PLANNING DIRECTOR PROJECT DESCRIPTION: Construct an approxmately 7,648 sq. ft. buldng to be used for the commercal sale of automotve parts. The busness wll be located along the south sde of Solano St. approxmately 450 feet east of the Solano St. / Edth Ave. - Hwy 99W ntersecton. The parcel s zoned CH-CBDZ, Hghway Servce Commercal - Cornng Busness Development Zone. Pursuant to Secton of the Cornng Muncpal Code pror to the establshment of any commercal use n ths dstrct a use permt must be approved by the Plannng Commsson. Address: 2123 Solano Street APN: GENERAL PLAN LAND USE DESIGNATION Hwy99-W - Hghway 99W Corrdor Specfc Plan. The Hghway 99W Corrdor Specfc Plan s ntended to provde a more detaled examnaton of the plannng ssues n the corrdor than could be acheved n the Cty's General Plan. The purpose of the Specfc Plan s to provde a comprehensve set of plans, polces, gudelnes, and mplementaton measures for gudng and ensurng the orderly development of the Hghway 99W corrdor. ZONING CH -CBDZ, Hghway Servce Commercal - Cornng Busness Development Zone. The CH Zone s ntended to be appled along man road and hghway frontages at proper ntervals and locatons to provde necessary servces for the travelng publc n developments desgned for safety, convenence and fttng appearance. The CBDZ Zone has been establshed to acheve the followng purposes: A. To protect the publc health, safety and welfare by enhancng qualty of lfe and mprovng the appearance of the cty;

7 B. To provde protecton aganst haphazard and tradtonal strp commercal development by mplementng vsual desgn gudelnes establshed n the Hghway 99W Corrdor Specfc Plan; C. To allow ste development flexblty n return for well-conceved and effcent ste plannng and qualty desgn; D. To establsh overlay dstrcts that carry out specfc purposes prescrbed by the Hghway 99W Corrdor Specfc Plan addressng specfc subjects, such as freeway-orented commercal development and mxed-use commercal development. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Secton of the Publc Resources Code requres a lst of classes of projects whch have been determned not to have a sgnfcant effect on the envronment and whch shall, therefore, be exempt from the provsons of CEQA. The Secretary of Resources has classfed projects that do not have a sgnfcant effect on the envronment and are declared to be categorcally exempt from the requrement for the preparaton of envronmental documents. CEQA, Secton 15303, New Constructon or Converson of Small Structures, Class 3 (c) conssts of constructon and locaton of lmted numbers of new, small facltes or structures; nstallaton of small structures and facltes n small structures; and the converson of exstng small structures from one use to another where only mnor modfcatons are made n the exteror of the structure. The number of structures descrbed n ths secton are the maxmum allowable on any legal parcel. Examples of ths exempton nclude, but are not lmted to: (c) A store, motel, offce, restaurant or smlar structure not nvolvng the use of sgnfcant amounts of hazardous substances, and not exceedng 2500 sq. ft. n floor area. In urbanzed areas, the exempton also apples to up to four such commercal buldngs not exceedng 10,000 sq. ft. n floor area on the stes zoned for such use f not nvolvng the use of sgnfcant amounts of hazardous substances where all necessary publc servces and facltes are avalable and the surroundng area s not envronmentally senstve. Ths project proposes to construct a 7,648 sq. ft. buldng for the retal sales of automotve parts, operaton of the buldng wll not nvolve the use of sgnfcant amounts of hazardous substances. The buldng s less then 10,000 sq. ft. n an area zoned for commercal development where all necessary publc servces and facltes are avalable and the surroundng area s not envronmentally senstve, therefore the project s exempt from CEQA pursuant to Secton 15303, Class 3 (c). 2

8 CONSISTENCY WITH GENERAL PLAN LAND USE ELEMENT: The ste s desgnated Commercal as shown on the Current Land Use Map for the Hghway 99W Specfc Plan area. Development of a commercal use for the retal sale of automotve parts at ths locaton s consstent wth the followng Land Use Polces of the Cornng General Plan and the Hwy. 99W Corrdor Specfc Plan. Polcy #6 - Encourage the locaton and development of busnesses whch generate hgh property and sales taxes, local employment and are envronmentally compatble. Polcy #7 - Commercal development should be clustered on arteral streets and at major ntersectons n the downtown or near Interstate 5 nterchanges CIRCULATION: Solano Street s classfed as an arteral road n the Crculaton Element, therefore the establshment of commercal retal sales of automotve parts along an arteral road s consstent wth the General Plan and the Hghway 99W. Corrdor Specfc Plan. SAFETY The Safety and Publc Facltes Element s ntended to dentfy rsks from hazards or safety problems wthn the specfc plan area, and to provde an assessment of exstng protecton servces and the mpact future development may have on these servces. The most sgnfcant hazard, dentfed Bt the tme the specfc plan was prepared, was the Dud ley Truckstop located on 13.2 acres approxmately 1 1/2 mles south of the ste. Ths ste was contamnated wth petroleum from underground leakng tanks. Acton was taken to remove and remedate the contamnated sols and the ste s now the locaton of the Flyng J Truckstop. NOISE The General Plan Nose Element dentfed that normally acceptable range for offce and commercal land uses s an Ldn value below 70 db (Ldn values of 67.5 to 77.5 are condtonally acceptable). Ldn s descrbed as a statstcal weghtng of daytme and nghttme noses and s used as the bass of nose mpact evaluaton for land use plannng. The decbel (db) scale s a logarthmc scale used to measure sound ntenstes. The retal sale of automotve parts wll not sgnfcantly ncrease the nose levels above exstng levels at the ste. 3

9 RECOMMENDATION: Staff recommends that the Plannng Commsson adopt the followng, or smlar, Factual Subfndngs and Legal Fndngs for Use Permt : Factual Subfndng #1 The project proposes to construct a 7,648 sq. ft. buldng for the retal sales of automotve parts, operaton of the buldng wll not nvolve the use of sgnfcant amounts of hazardous substances. The buldng s less then 10,000 sq. ft. n an area zoned for commercal development. The project ste has frontage along Solano Street where cty water and sewer lnes are avalable for use. Legal Fndng #1 The grantng of Use Permt wl permt the constructon and development of a retal busness n an area establshed wth, and zoned for commercal development where all necessary publc servces and facltes are avalable, and therefore exempt from CEQA pursuant to Secton 15303, Class 3 ( c). Factual Subfndng #2 The ste proposed for the development of an AutoZone Store s located on a parcel that s zoned CH - CBDZ, Hghway Servce Commercal - Cornng Busness Development Zone. Legal Fndng #2 The establshment of an AutoZone Store for the retal sale of automotve parts s an allowed use n a CH -CBDZ Zonng Dstrct pursuant to the grantng of a condtonal use permt by the Plannng Commsson. Factual Subfndng #3 The parcel proposed for an AutoZone Store s approxmately one (1) acre n sze, has less than a 2% slope n topography, and an approprate shape for the retal sale of automotve parts. Legal Fndng #3 The parcel proposed for an AutoZone Store s adequate n sze, shape and topography. Factual Subfndng #4 The parcel has approxmately 130 feet of frontage and drect access to Solano Street. Legal Fndng #4 The ste has suffcent access to Solano Street and frontage mprovements wll be constructed to provde adequate wdth, pavement and capacty for access to the commercal buldng. 4

10 Factual FndnQ #5 AutoZone Stores propose to construct a buldng for the retal sale of automotve parts n area establshed wth exstng retal busnesses servng the Cty of Cornng and surroundng area. LeQal FndnQ #5 The establshment of an AutoZone Store wl not have an adverse effect upon the use, enjoyment or valuaton of adjacent or neghborng propertes or upon the publc welfare. ACTION 1. MOVE TO ADOPT THE 5 FACTUAL SUBFINDINGS AND LEGAL FINDINGS AS PRESENTED IN THE STAFF REPORT FOR USE PERMIT (PLEASE NOTE: PRIOR TO ADOPTING THE RECOMMENDED SUBFINDINGS & FINDINGS THE COMMISSION HAS THE ABILITY TO MODIFY OR REMOVE ANY OF THE SUBFINDINGS AND FINDINGS IF DEEMED APPROPRIATE BY A MAJORITY OF THE COMMISSION) VOTE OF THE COMMISSION 2. MOVE TO APPROVE USE PERMIT SUBJECT TO THE 29 CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. (PLEASE NOTE: THE COMMISSION HAS THE ABILITY TO MODIFY, DELETE OR ADD CONDITIONS PRIOR TO APPROVAL OF THE PROJECT.) VOTE OF THE COMMISSION OR: Falng to make fndngs n support of the project recommend fndngs n denal of the project for consderaton by the Commsson. Adopt fndngs n denal of the project and deny Use Permt

11 STAFF RECOMMENDS THE FOLLOWING CONDITIONS OF APPROVAL FOR USE PERMIT : CONDITION #1 - AGENCY COMPLIANCE: The development and contnued operaton of an AutoZone Store, permtted pursuant to Use Permt , must comply wth all applcable local, state, and federal laws and regulatons. Development of the ste must be n substantal conformance wth the ste mprovement plans submtted wth the Use Permt applcaton. CONDITION #2 - HANDICAPPED PARKING: Pror to ssuance of a certfcate of occupancy for the AutoZone Store the applcant must desgnate and approprately mark handcapped parkng spaces as approved by the Buldng OffcaL. CONDITION #3 SIGN REGULATIONS: The AutoZone Store must comply wth the Cty of Cornng sgn regulatons establshed by Resoluton CONDITION #4 - LANDSCAPING: Developer shall nstall permanent landscapng pursuant to the requrements set forth n the Hwy 99W Corrdor Specfc Plan n all areas outsde buldng footprnt or parkng lot, and ncludng landscapng wthn the adjacent publc rght of way along Solano Street. Landscapng shall be n accordance wth approved Landscapng Plan, except as modfed by these condtons of approval. CONDITION #5 - TREE BOXES: Trees lyng wthn the publc rght of way shall be 24" box (mnmum) upon plantng. CONDITION #6: Landscapng to be provded wth permanent and automatc means of rrgaton. Applcant's attenton s specfcally drawn to Cty Code Chapter 16.27, Ground Cover Standards, and the requrement to plant and mantan ground cover and trees. CONDITION #7- REMOVE CONSTRUCTION DEBRIS: Pror to the ssuance of a Certfcate of Occupancy for the AutoZone Store all constructon debrs must be removed from the ste. CONDITION #8 - FUGITIVE DUST PERMIT: Pror to commencement of any type of constructon actvtes the applcant must submt a constructon emsson dust/control plan and obtan a Fugtve Dust Control Permt from the Tehama County Ar Polluton Dstrct and comply wth the condtons of approval. 6

12 CONDITION #9 - OPEN BURNING: No openng burnng shall occur on ths parcel unless a specal land clearng permt s obtaned from the Tehama County Ar Polluton Control Dstrct. CONDITION #10 - COVER EXPOSED SOILS: Areas denuded by constructon actvtes and not scheduled for development for an ndefnte perod shall be seeded or covered by mpervous materals to mnmze water and wnd eroson pror to the begnnng of the rany season (October 15th). CONDITION #11 - GRADING PLANS: Complete gradng plans shall be submtted for approval by the Cty Engneer. CONDITION #12 - CULTURAL RESOURCES: If subsurface deposts beleved to be cultural n orgn are dscovered durng constructon, then all work must halt wthn a 1 DO-foot radus of the dscovery, and the Cty of Cornng notfed. A qualfed professonal archaeologst, meetng the Secretary of the Interor's Professonal Qualfcaton Standards for prehstorc and hstorc archaeologst, shall be retaned to evaluate the sgnfcance of the fnd. Work cannot contnue at the dscovery locaton untl the archaeologst conducts suffcent research and data collecton to make a determnaton that the resource s ether 1) not cultural n orgn; or 2) not potentally sgnfcant. If a potentally-elgble resource s encountered, then the archaeologst, lead agency, and project proponent shall arrange for ether 1) total data recovery as a mtgaton, or, preferably, 2) total avodance of the resource, f possble. The determnaton shall be formally documented n wrtng and submtted to the lead agency as verfcaton that the provsons n CEQA for managng unantcpated dscoveres have been met. CONDITION #13 - HUMAN REMAINS: If human remans, or remans that are potentally human, are dscovered durng project constructon or mplementaton, all work must stop wthn a 1 DO-foot radus of the fnd. The constructon supervsor must notfy the Cornng Polce Department mmedately, and take approprate acton to ensure that the dscovery s protected from further dsturbance or vandalsm. CONDITION #14 - STORMWATER PERMIT: Applcant shall apply for and obtan a "Constructon Actvtes Storm Water General Permt" from the State Water Resources Control Board, Central Valley Regonal Water Qualty Control Board. CONDITION #15 - STORMWATER POLLUTION PREVENTION PLAN: Pror to any ste dsturbance or earthmovng actvtes on or adjacent to the ste, a constructon perod and post-constructon perod Storm Water Polluton Preventon Plan (SWPPP) shall be prepared and presented to the Central Valley Regonal Water Qualty Control Board and approved by the Cty of Cornng. The objectve of the plan shall be 7

13 no net loss of sol (above an undsturbed natural, stable background state) from the ste due to eroson. All requrements of the post constructon perod SWPPP shall be completed as part of the requred mprovement plans and shall be mantaned n the same manner. CONDITION #16 - SOILS INVESTIGATION: Pror to the ssuance of a buldng permt for the truck wash faclty the applcant shall submt a sols nvestgaton by a regstered engneerng geologst or cvl engneer to determne f expansve sols requrng specal foundaton desgn s necessary. The developer shall provde: 1) certfcaton assurng adequate compacton of flled lots n accordance wth the Unform Buldng Code; and 2) for those lots wth expansve sols, certfcaton that the engneered foundaton plans comply wth buldng code requrements. CONDITION #17 - DRAINAGE ANALYSIS: Applcant shall provde a Dranage Analyss prepared by a regstered Cvl Engneer or Certfed Hydrologst. The Analyss shall quantfy the ncreased runoff resultng form a 25-year storm for a duraton of four hours that wll result from the development. CONDITION #18 - STORM DRAIN RETENTION: Storm Dran and retenton facltes shall be n accordance wth the Dranage Analyss, constructed to Cty Standards and approved by the Publc Works Drector. CONDITION #19- SOILS INFORMATION: Sols nformaton (Sol Log) must be submtted to verfy adequacy of on-ste storm water retenton desgns. CONDITION #20 - FINISHED GRADE: Fnshed grade must be graded to drect runoff to stormwater dran facltes wthn the publc rght-of way or establshed dranage facltes (detenton basns) constructed on the parcel. No lot-to-iot runoff s permtted. CONDITION #21 - CONSTRUCTION HOURS: Excavaton and constructon work shall occur only between the hours of 7:00 AM to 7:00 PM, Monday through Frday, and between the hours of 8:00 AM to 6:00 PM on weekends and federally observed holdays. CONDITION #22 - CONSTRUCTION EQUIPMENT: The prmary contractor shall be responsble for ensurng that all constructon equpment s properly tuned and mantaned. When feasble, exstng power sources, such as power poles, or clean fuel generators should be used, rather than temporary power generators. Mnmze dlng tme to 10 mnutes. 8

14 CONDITION #23 - DEVELOPMENT IMPACT FEES: Development of the AutoZone Store at ths locaton s subject to mposed n order to lessen new development's mpacts on Cty facltes and servces. These fees shall be assessed and payable pror to ssuance of a Certfcate of Occupancy. Costs ncurred for mprovements to "backbone" nfrastructure facles shall be credted aganst development mpact fees. CONDITION #24 - PUBLIC IMPROVEMENTS: All publc mprovements shall be constructed n accordance wth the Subdvson Ordnance of the Cty of Cornng and requred Publc Works Standards. CONDITION #25 - CURB. GUTTER, & SIDEWALK IMPROVEMENTS: Sawcut between concrete curb and sdewalk. Demolsh, remove and replace concrete curb and gutter along the entre Solano Street frontage of the property. CONDITION #26 - THERMOPLASTIC STRIPING: Install thermoplastc stop legend wth bar at drveway ntersecton. Apply thermoplastc drectonal arrows n drveway lanes. Temporary sgns must be n place durng constructon at all new drveway ntersectons. CONDITION #27 - CONCRETE MEDIAN: Install 1 '-0" wde X 8" hgh concrete medan wth rver-run rock veneer to segregate n & out lanes at drveway entrance. Poston concrete/rock medan to provde 12' ext lane and 17' entrance lane. CONDITION #28 - WATER & SEWER CONNECTIONS: Water and sewer connectons shall be completed n accordance wth Publc Works Specfcatons. CONDITION #29 - WATER METERS: All water meters to be Sensus compound meters to regster n gallons. ATTACHMENTS Exhbt "A" Exhbt lb" Exhbt "C" Exhbt ld" Exhbt le" Vcnty Map Aeral Photo of Ste Zonng Map General Plan Map Applcaton wth Prelmnary Plan Drawngs 9

15 _._._.1._._._..._._._.1._...._._._._._._._._._._._._._..l I I INT~~'TAT~.,.._._._._._.._._._._._._..._..._.._._._._._._._._J "", I I I I ~_. I_._._._,--_._._._._-,_. I_._,-_._- STATE ROUTE99W EOITH AVENUE '- S; m 0)( z : ~ OJ -I s: : :t ~ ". tc/ :: m I I - r Bn ~El ËJ8 -

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17 _._...._._._._._._.-._._._._._._.-._._._._._.-._._._._._."" I I INTERSTATE '-'-'-..._..._._..._._._._ ~ I I I &._.._......_ " ~ Tl~q T ~~I ~'I rj m r ~ ~ m m ~ '" m ~

18 ~, I _._.-.-.._._._._._._._._._. ~_._._._._._._._._._._._._._._...._._._._._.._._._._._._._._._._._._._._._,_._._._._._._._._._._._,_ J f f INERSTATE 5 f &. _._._._._._._._._.-.-._.-._._._._._._._ := 2.. ; ;ga= ~ t_!

19 GJ~tJ- \' " CITY OF CORNING PLANNING. APPUCA TION TYPE OR PRINt ClËARL Y!~ JUL 27 20ft fe~ ~~~~ (~: () ~.:~ \l f ft~ (:-;.slm~ C'.øçledcaw C. of èoln Plannng Dept. 79 1lr. Stre CoIng. CA 9621 PROJECT ADDRESS ASSESSOR'S PARCEl NUMBER GP. LAND USE DESIGNATION rola#4b "S7ft-~ l - y ).. ()f) 3 FLOOD HARD ZONE SITE ACREAGE AIRPOT SAFETY ZONE? I. f) e~ e 4 WI lt6l e-j;, l- MnexallonDelachment _ Merge Löts _ Prelmnary Pln Revew Sullvson Varance _ General Plan Amment PIaJec Dë. Use Përmlt Rezone Tme Exenson Other ADDRESS #68D ~ v ADDRESS _ Lot LIne AdJustment _ Pätl Mäp Slree Abandonment VÛse pem DAY PHÖNE ADDRESS DAY PHONE CORRESPONDENCE TO BE SENT TO / APPLICANT REPRESENTATIVE PROP. OWNER APPLICANT/REPRESENTATIVE: J have revewe Ihs applcaton PROPERTY OWNER: have read ths applcaton and the attached.m e.al. The n alon provded s correct. and CQsent tols flng. By sgnng lhs ~pplca an, the 8/plçanVprcpelt GW9f lgre.e IQ c:\'f.lid.lnq~:!fy, a,qq h_q(a.vec!t of CQrnng harme frql any claim. acuon, or proceedng brought to attack. set asde. vod or annul the Clts approval of ths applcaton. and any 8vlronmntal Revew assaled WUthe prapc sed projct. Cf~s~3 ~ RECENE BY: DATEAPPL. Page 1 of 5 Dated: The Cty of Cornng Is an Equal Opporur.ty Employer FOR OFFICE USE. ONLY Exempt NO MND EIR DEEMED COMPLETE DArE I=ILEb

20 Ledger Propertes LLC II 1399 Unversty Avenue Berkeley, CA DATE: July 18, 2011 Regardng: AutoZone Store# 4095 Solano Street Comng, CA To whom t may concern at cty or townshp: As the owner of the buldng at the above referenced locaton, I do hereby gve authorzaton to Jones Sgn Company, and/or the lcensed sgn vendor to secure permts, varances, and perfori sgn nstallatons, removals or mantenance at the above referenced propert. Thank you for your cooperaton n ths matter. ;~ Prnted Name: James Edwn Ledger Ttle: Owner SWORN to and subscrbed before me ths - day of July, 2011 Notarypublc:-!LV/A( T. ~ 31l1 tke Personally Known V or Produced Identfcaton My Commsson Expres: JI"U~~::~.-" w;~~;n- ~~ SÂ~~KÊjl ~... COMM. # ; :NOTARY PU8L:C - CALlFO~N1A.~.:,. ALAMEDA COUNTY ~ II ~~y.~~~ ~.~~._5:~:..If

21 CITY OF CORNING PLANNING APPLICATION General Informaton 1. Project Ttle: Á J7() botjc; CITY OF CORNING ENVIRONMENAL INFORMATION.FORM (To be completed by Applcant) DATE FILED, t)lá W,r Af).- /7r Itfo' )()? 2. Lst and descrbe any other related permts and other publc approvals requred for ths projec, ncludng those requred by cty, regonal, state and federal agences: Addtonal Project Informaton 3. For non-resdental projects, ndcate total proposed buldng floor area:f ~y B sq. ft. n L f1oor(s). 4. Amount of off-street parkng to be provded. 3 pa~ngstans. (Attach plans) 5. Proposed schedulng/development. 6. Assocated project(s). 7. If resdental, nclude the number of unts, schedule of unt szes, range of sale prces or rents, and type of household sze expected. (Ths nformaton wll help the Cty track complance wth the objectves of the Housng Element of the General Plan.) Page 2 of 5 OalOO:12/ Th Cty of Comng s an Equal Opportunly Employer.-

22 CITY OF CORNING PLANNINtS APPLICATION 8. If commercal, ndcate the type, whether ne'ghborhood.ctor regonally orented, square footage of sales area, and loadng faclt. 9. If ndustral, ndcate type, estmated employment per shft, and IOìadng facltes. 10. If nsttutonal, ndcate the prmary functon, estmated employment pet shft, estmated occupancy, foadng facltes, and communty benefts to be derved from the project 11. If the project nvolves a varance, condtonal use permt or rezonngapplcat.on, state ths and ndcate clearly why the appl1caton s requred. Are the followng tems applcable to the project or ts effects? Dscuss below all tems checked yes (attach addtonal sheets as necessary). YES NO 12. Change n exstng topographc features, or substantal alteraton of ground contours? 13. Change n scenc vews or vstas from exstng resdental areas or publ1c lands or roads? 14. Change n pattern, scale or character of general area of project? 15. Sgnfcant amounts of sold waste or ltter? 16. Change n dust, ash, smoke,fumes or odors n vcínty? ~ 0 uy 0 W 0 uy 17. Change n lake, stream or ground water qualty or quantty, or alteraton of exstng dranage paöms? n 18. Substantal change n exstng nose orvbraton levels n the vcnty? explosves? Is the ste on flled land or on slopes of 10 percent or more? o I. 20. Use, storage, or dsposal of potentally hazardous materals, such as toxc substances, flammables or _. / 21. Substantal change n demand for muncpal servces \Polce, fre, water, sewage, etc.)? 22. Substantally ncrease ene.rgy usage (electrct, ol, natural gas, etc.)? 23. Relatonsh p to a larger projec or seres -of projects? o o o o t Lt cg.æ/ ~ Pag.e 3 of 5 Oaled:12115/2006 The Cty of Comng s al Equal Opportunty Emloyer

23 CITY OF CORNING PLANNING APPUCA TION. Envronmental settng 24. Descnbe the project ste as t exsts before the project, ncludng nformaton on topography, sol type and stablty, plants and anmals, and any cultural, hstorcal or scenc aspects. Descrbe any exstng structures on the ste, and the use of the structures. Attach photographs of the ste, snapshots or Polarod photos wl be accepted. 25. Descnbe the surroundng propertes, neludng nformaton on plants and anmals and any cultural, hstorcal or scenc aspects. IndCate the type of land use (resdental, commercal, etc.), ntensty of land use (onefamly, apartment houses, shops, department stores, etc.), and scale of development (heght. frontage, set- photos wll be accepted. back, rear yard, etc.). Attach photographs of the vcnty. Snapshots or Polarod Certfcaton I hereby certfy that the statements furnshed above and n the attached exhbts present the data and nformaton requred for ths ntal evaluaton to the best of my abhty, and that the facts, statements, and nformaton presented are true and correct to the best of my knowledge and belef. Date 1l (Ill Sgnature l- t For: Page 4 0(5 Daled: Th CIy of Cornng s an Equal Opportunly Emp0yer. -

24 !! 1-" tl ~ C/ ~ :s 0 C/ I',. l. q j ~I l ~ d l! 1 t 1 I \ LEGEND (P) CONCRETE PAVING r~!::,:,.:/,\:: (P)STORMDRAIN ~ (P) CONCRETE SIDEWALK I..1 (P)SANITARYSEWER ~ (P) LANDSCAPING I I (P) AC PAVING (OFFSITE) I.."...,...: I (P) SITE LIGHT POLe AND BASE Sa (P) DOMEST/C WATER ~ (P)FIRESERVICE ~ (P) DRAINAGE FLOW DIRECT/ON APN AC S OO'0'(" E JJ?OO' '" S2 5! d o en " : r o c: COLUSA IA VE 5! d ""r -ONto Uš ~OH šeae loiniwul SIDE S ACI. FT MINIMUM RE SEAa 10 " IAXIUI BUILDING HDGT 50 FT l' FT RE IS IW TO K at IF CØ Zt CI PARKNG INFORMATION " r ~ BUILG SI PAANO R RE MIN. PARKNG l FTI,,-Pf WIN. DRIVEAY 'Me HANCA SPAC ~z SPAC ;-- RECE IS WA to 'T ar r; c: ZOG OR d ~ g PROJECT I" SITE r VICINITY MAP NOT TO SCALE KEYNOTES UILDING & PAVING ", j 2 DlIlSl LAlW I: 3 SE~IUOO :! 4 Bw. Pl 5 COCl UGlT PO Il-AI UGlT ~PE GUAR AXTRE IN DIOO AS MlAl!. '~::::::~'l~ I: :E L~?r,.' -':-,.,c,"'.:"!. '. 9 He CURB CUT /J APROAO. \-' ":" L '. I: 10 COal PAI1G,AN /J ca ""- r... r J lrui SPAaG Fæ COOI, '-""~~.J ~ '~;:'~ ~ 11 ~~J~~1rE?~TPA'tG,~','.'.'.,' r-o' UlG COCl Il ST PI ":Y ''', " 1l PAIU (1). lolt 1-/' FR ;'." FACE OF CURB OR SlEWAl. 13 4' WOE PARNG S1 P~Nl! Vlt (mo.), 14 4' VI II Sl PAl BWE AT 3 1.,Ñ FT.o.c.. ~1~ 1 ~~~GH 1l PRO~DE OOE : I,..... Î!ì " = SOEWAl -l SOEWAl AR l. "', ACLE RA - WA Sl 1:,2 (e., I..','~'; Î.. YAI æos Sl 1:50 (OO TRCAl!!. "...:.'. -.. ;!' 1; OOl (WNE 1l BE LN A /I COG - PR CO 3" 1l,~ un..,, = ~AOEJ:G ~OFAt: =~ UNE o ElS1G F!CE - lxc1l Sl RE, F!CE 1l PROITY BOY.. :11 ~S1EE -.~ 12' ~ HGr.,nH f. II I 'd'" ".,.,."... h.'"'' OOSGHAGSl lloe PO con sa FONDAnoo DEAI ~. Q.,,1"::.:; ST SGH - 9~ 2J~ 75' HG '... l 6.00' BLLG: SClllAc/,.',..'.)1'; "'.' LOADNG N1 Sl AT MAX 2-1/2 AWAY.'..,.. FROI Bl~ --~~--,--,_. ~,,,,,,,,,,~,-,'-":-,_~"'-,-,J'.; (!B'X2fCOClSPLABlO,; (ÆL4CI. '.., "...~/.W 'I W2....', " ",,: t'.:...:,..:...;'.:.. (IFREE SP (mo.) FIRE BACKOW... _ '. ",- æ UNOfGR REmmGH SlUCRE YAR H' 1,"",,t;'--~~~~~.:..~ ~- ~ --~,. ~ -.-- ~ ~ ~-- --~=':=~d',:\-_:~::lít.- ~ =$~:'::: 1...-:. -~'~.." "....,../'.,.._' t,. :- 'j' --,.' r- '::'ç. 1.. ø--. ;Al..c_ll..~.!~ :~ I: ::~;...~.'.1,.~:~;.'.'1 ': ',\ Fer.. ~~"":'!~"; "'.. -l (- h l-'' -I..::,( EXISTING 2-STORY HOTEL -3 * ~ ::. :. ~-=::::::'-- I APN ' * 1.44 AC ~_ I ~FE Englnoorlng, Inc. I _~~~ I I Cvl Enl1ln,.. ""nnw. S-)' SCALE'. ""...NfU 1"=30' 16I~..S,lor.~CAI6 1'"f.HNlT o ~ S! ~~ -w. l ~ g ~ fß -.u~ ê 00 ~I! N!! - LL : o. 0. : CO w c: ~:; l - CI:; - as ~ o :s ~ UJ a: t! Ct ~ c -I~!~ Sl~ s: ~ C! ~ ~ ls lñ g ~~I~ ~ S ~ - l ; SCAE: REVISIONS 1 3. ARCHITECT: HEC~ ""',. C1.0

25 li ~ ;! ~ f t :E,. ~ If ",go '",. ~H IU ~,. l (f l H ' 11, rt ì t \' ; ~,!' s ~ í: 2 l Archtect: PHlLIP PECORD AuloZone Store No () "" I South Front Street SOLANA STREET ~ Ñ Memphs, Tennessee m Õ ~ TEl: FAX: (901) I For Bddng & Contractor Informaton Contact: CORNING CA & ~ F. W. Dodge Plan Room TeL COLOR ELEVATIONS

26 ITEM NO: E-3 AMEND CONDITION #5 OF USE PERMIT AND CONSIDER A RECOMMENDATION TO THE CITY COUNCIL FOR THE REDUCTION OF DEVELOPMENT IMPACT FEES PURSUANT TO CONDITION #26; BLUE BEACON INTERNATIONAL, INC. APN: ADDRESS: 3000 Hwy 99W SEPTEMBER 20, 2011 TO: PLANNING COMMISSIONERS OF THE CITY OF CORNING FROM: JOHN STOUFER; PLANNING DIRECTOR PROJECT DESCRIPTION: Amend Condton #5 of the orgnal condtons of approval for Use Permt and make a recommendaton to the Cty Councl on the reducton of Development Impact fees pursuant to Condton #26 of the orgnal condtons of approval as approved by the Plannng Commsson on January 18, DISCUSSION: On January 18, 2011 the Plannng Commsson approved Use Permt for Blue Beacon Internatonal, Inc. to construct a new truck wash faclty wth two 3,110 sq. ft. wash bays, a 1,357 sq. ft. equpment room, and 1,013 sq. ft. offce space area. Ths faclty wll replace an exstng truck wash operated by Blue Beacon Internatonal, Inc. located along the south sde of South Ave. approxmately 1000 feet east of the South Ave. / Hwy 99W ntersecton. The proposed locaton for the new truck wash s on the west sde of Hwy 99W, approxmately 800 feet north of the South Ave. / Hwy 99W ntersecton. Condton #5 of the orgnal condtons of approval reads as follows: CONDITION #5 - UNDERGROUND UTILITIES: Underground exstng telephone and CA TV along the Hghway 99-W frontage and remove exstng utlty pole as shown on the Improvement Plans, Utlty Plan Sheet UPS, submted wth the Use Permt applcaton. Condton #26 of the 36 orgnal condtons of approval reads as follows: CONDITION #26 - DEVELOPMENT IMPACT FEES: Development of the truck wash at ths locaton s subject to mposed n order to lessen new development's mpacts on Cty facltes and servces. These fees shall be assessed and payable pror to ssuance of a Certfcate of Occupancy. Costs ncurred for mprovements to "backbone" nfrastructure facltes shall be credted aganst development mpact fees.

27 The Cty Councl may consder and approve modfcatons to development mpact fees related to sewer and water system mpacts. Any such modfcatons shall be based on an engneer's reporl(s) and confrmed through actual montorng of sewer and/or water usage. Condton No.5 Dscusson. When staff frst met wth the engneer and a feld representatve from Blue Beacon Internatonal, Inc., ther plans showed all utltes along ther Hwy. 99-W frontage were to be undergrounded. However, as the project proceeded, Blue Beacon found out that the cost to underground the Fber-optcs lnes far exceeded ther orgnal projectons. For that reason, Blue Beacon then sought another soluton. They began dscussng ther optons wth Bran Stone of AT & T, the company who owns the phone lnes along the west sde of Hwy 99W. Publc Works Drector John Brewer was also nvolved n these dscussons. The soluton that was dentfed ncludes Blue Beacon's payment for temporary elevaton of the phone/fber-optcs lnes, underground nstallaton of the sx conduts, and AT & T's agreement to complete the wre nstallaton and pole removal from not just the Blue Beacon frontage, but for addtonal frontage to both the north and south. Mr. Stone has ndcated that project wll occur before the end of the calendar year. Toward that end, Blue Beacon seeks to modfy Condton NO.5 to allow them to rase the exstng overhead utltes, allowng trucks ngress and egress to the truck wash, untl AT&T undergrounds the utltes through the bured condut. In lght of Blue Beacon's monetary and condut nstallaton partcpaton, staff supports the amendment. Condton No. 26 Dscusson. Condton No. 26 requres the payment of Development Impact Fees. The Cty charges and collects fees to mtgate the mpacts of new development on the water, sewer, transportaton, dranage, and parkland nfrastructure and the Wastewater Treatment Plant. The fees were adopted n 2005 by acton of the Cty Councl. Any-reducton or adjustment to those fees must be approved by the Cty CouncL. The letter and packet (attached) from Kevn Butler, Project Engneer, seeks relef from several of those specfc fees. Among those are reduced Sewer and Sewer Plant Expanson Fees, Dranage Fees, Parkland Development Fees, Traffc Mtgaton Fees, and the Hghway 99-W Specfc Plan Fees. Snce we receved the request on Wednesday, September 14th, Staff has not had suffcent tme to analyze the specfc requests for DIF reducton pror to PC packet delvery. However, the request for reducton to sewer and WWTP expanson DIF s smlar to another Truckwash Use Permt DIF reducton request from two years ago. In that case, the fees were eventually reduced based on an engneer's estmate of effluent generated and verfcaton through water meter montorng of sewer dscharges. The 2

28 nformaton presented by Mr. Butler smlarly proposes montorng sewer dscharges through meter montorng. Staff wll need to wegh the nformaton presented by Mr. Butler and then make approprate recommendatons to the Cty Councl at a subsequent meetng. RECOMMENDATION: Staff recommends that the Plannng Commsson modfy Condton #5 for Use Permt as follows: CONDITION #5 - UNDERGROUND UTILITIES: Temporarly rase the exstng phone/fber-optcs lnes along the Hghway 99-W frontage and perform the underground nstallaton of the sx conduts, pursuant to AT & 1's agreement to complete the wre nstallaton and pole removal from not just the Blue Beacon frontage, but for addtonal frontage to both the north and south. RECOMMENDATION: Staff recommends that the Plannng Commsson modfy Condton #26 for Use Permt as follows: As prevously dscussed staff has not had a chance to meet and form a response or recommendaton pursuant to the engneers request for relef from the Development Impact Fees (DIF), therefore staff s recommendng that the Commsson revew the packet of nformaton, take publc comment on the reducton of the DIF's, and dscuss the ssue pror to formng an opnon and makng a recommendaton to the CouncL. ACTION MOVE TO AMEND CONDITION #5 OF USE PERMIT AS RECOMMENDED BY STAFF AND CONSIDER A RECOMMENDATION TO THE CITY COUNCIL FOR THE REDUCTION IN DEVELOPMENT IMPACT FEES. 3

29 butler ENGINEERING GROUP September 13, 2011 CIVIL STRUCTURAL SURVEYING John Brewer Publc Works Drector Cty of Cornng 794 Thrd Street Cornng, Calforna Re: Blue Beacon InternatonaL, Inc, Truck Washes 3000 Old Hghway 99W, Cornng, Calforna APN Use Permt # BEG Job #10.528~L03 Dear Mr. Brewer: On behalf of Blue Beacon we request the above referenced project s placed on the upcomng September 20th, 2011 plannng commsson agenda. We are requestng modfcatons to the approved use permt condtons and modfcatons to the development mpact fee's (DIF). Our request for modfcatons to the approved use permt condtons s as follows: Condton #5 N Underground Utltes We request modfcaton of ths tem based on the extreme cost of relocatng the fber optcs lnes that are currently runnng overhead. It was our orgnal understandng that the fber optc lnes were already underground when we agreed to ths condton. The estmated cost from AT&T to relocate the fber optc lnes s $140,000 along wth $60,000 addtonal costs from the general contractor for ther porton of work. We have agreed to nstall 6 runs of 4" dameter (2;30') AT&T conduts along the property frontage (approxmately 5' beyond the propetty lnes both North & South) for future underground mprovements, at a cost of approxmately $22,500, n addton we have already pad AT&T approxmately $15,000 to relocate the lnes hgherto accommodate the trucks and relocate the exstng utlty pole on ste to algn wth the exstng detenton pond. Please refer to the revsed C-5 drawng. Addtonal consderatlon should also be gven because we relocated all the power underground for both our project and the exstng hotel to the south. No more power lnes crossng old hghway 99W. Ths was a requrement of PG&E because of how the orgnal power was suppled to the exstng hotel. T F WWWBUTLER-GROUP.ORG AIRPORT RD. STE. A. REDDING, CALIFORNIA Prfultd-;vllh,\f~J' Rk olll(j()~t' rt'f)"'ln,' rn)'dam: fpt:j",l.'íij tollùjued (fjllmhm.'ll/'/o l:m.' "(!lml'1jiai~l!.wlij/d bllsùlô,'l'n-æ,,;.

30 butler ENGINEERING GROUP CIVIL STRUCTURAL SURVEYING Our request for modfcatons to the DIF's s as follows: Blue Beacon Truck Washes BEG Job #10.528~L03 Page 2 of 2 1. Sewer Fee's a. Sewer Captallmprovemeht Fee ~ request reducton n fee's as outlned n attached emal and supportng data. b. Sewer Plant Expanson Fee ~ request reducton n fee's as outlned n attached emal and supportng data. 2. Water Captal Improvement Fee ~ no modfcaton 3. Dranage Faclty Fee ~ Request explanaton of how $3,900 per acre was determned for the project. Request ths fee be waved based on the offste dranage mprovements beng made and mprovements along old hghway 99W. 4. Park Land Development Fee ~ Request explanaton of how 5 EDU's was determned for the project. Request ths fee be waved based on the offste mprovements beng made and mprovements along old hghway 99W. 5. Traffc Mtgaton Fee ~ elmnate ths fee based on the cost of the offste mprovements we have already pad as part of our condtons of approve under our use permt. Our total offste mprovements for ths project are $185,617.54, see attached fee breakdown from Ceram & Brownng Constructon, Inc. 6. Hwy 99W Specfc Plan Fee ~ we request explanaton of ths fee's and what they are for. We would lke these revewed n part because of the sewer and water fee's we are payng above. If you have any questons or comments, please feel free to gve us a call. Sncerely, Kevn R. Butler, P.E. Presdent Butler Engneerng Group, Inc. enclosures T F AIRPORT RD. STE. A REDONG, CALIFORNIA PrJl/-d..,tl:.w~r jjkt/j IlJfl;';; l1:jdttl. l'cy:/db/è pap'r u/t/ tolliùwf( lyj)j/lîlmtl!licf,wïúnjlwu.'j/lu!jr ;wllulb:.\'l :.'llmáù".'.