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HomeMy WebLinkAbout2011-09-27 Packet - DZCCITY OF UKIAH CITY COUNCIL AGENDA Downtown Zoning Code Workshop CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 Tuesday, September 27, 2011 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PETITIONS AND COMMUNICATIONS 4. APPROVAL OF MINUTES a. Minutes of 8/22/11 5. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 7. WORKSHOP DISCUSSION a. Community Workshop For Discussion of the Proposed Downtown Zoning Code (DZC) 8. NEW BUSINESS a. Consideration And Possible Approval Of Letter Addressing Revisions To Participation Agreement With Ukiah Valley Sanitation District Discussed By Ad Hoc Committees Of City And District 9. CLOSED SESSION- Closed Session may be held at any time during the meeting a. Conference with Legal Counsel -Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) 10. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Thursday, 7:30 am to 5:00 pm I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 22ND day of September, 2011. JoAnne M. Currie, City Clerk Item 4a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 8/22/2011 1. ROLL CALL Ukiah City Council met at a Special Meeting on August 22, 2011, the notice for which being legally noticed on August 18, 2011. Mayor Rodin called the meeting to order at 6:04 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, and Mayor Rodin. Councilmembers absent: `Councilmembers Crane and Baldwin. Staff present: Planning and Community Development Director Stump, Senior Planner Jordan, City Manager Chambers, and City Clerk Currie. Councilmembers Crane and Baldwin were not present because both have a conflict of interest by owning property within a 300 square feet radius of the DZC boundaries and cannot by law participate in the discussion and/or vote on the matter. Mayor Rodin owns property within a 300 square foot radius of the DZC, but since Council needed to have a quorum, one member of the three with the conflict needed to participate, so there was a selection process between these three Council members and Mayor Rodin was selected to participate. 2. PLEDGE OF ALLEGIANCE 3. PETITIONS AND COMMUNICATIONS 4. APPROVAL OF MINUTES a. Minutes of 7/25/11 M/S Landis/Thomas to approve minutes of 7/25/11, as submitted. Motion carried by all AYE voice vote. 5. RIGHT TO APPEAL DECISION 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Peter Good read a letter he sent to Councilmember Thomas expressing concern over the no-bid contract with Honeywell. 7. WORKSHOP DISCUSSION a. Community Workshop For Discussion of the Proposed Downtown Zoning Code (DZC) Director of Planning and Community Development Stump and Senior Planner Jordan presented the item. Page 1 of 9 8/22/2011 Tasting Rooms (Specialty food and beverage sales with tastings) Attachment 3 of Staff Report Section 5.100: Tasting Rooms on page 25 of the Downtown Zoning Code be revised as follows. A. Day and hours of operation. Days and hours of operation shall be limited to daily from 10 a.m. to 8 p.m. 10 p.m. Landis and Rodin support later hours than 8 pm C. Live entertainment. Live entertainment is limited to an acoustical trio which may perform until 8 p.m. Other arrangement for live entertainment may be authorized with approval of a Minor Use Permit (Zoning Administrator). D. Outdoor seating. Outdoor seating shall comply with the applicable requirements for a sidewalk cafe. Did not discuss. E. Minor Use Permit. An application for a Minor Use Permit application to allow additional operating hours, special events, and/or live entertainment shall address the following considerations: 1. Potential for loitering. 2. Adequacy of lighting for security and safety purposes. 3. Compatibility and suitability with the existing and allowed uses in the area and/or character of the area, including but not limited to proximity to sensitive land uses such as residences, schools, day care facilities, churches and parks. 4. Likelihood that the use would facilitate the vitality, economic viability, and/or provide recreational or entertainment opportunities in an existing commercial area without presenting a significant impact on health and safety. 5. Comments from the Ukiah Police Department and Fire Department, including a projection of the increased burden to providing Police services, potential for the use to add to law enforcement problems in the area and/or to contribute to or aggravate an existing crime problem in the area. 6. The potential for the need for annual review of the Use Permit. 7. Other information as deemed necessary on a case-by-case basis. Page 2 of 9 8/22/2011 Findings. The above considerations shall be incorporated as findings for approval, conditional approval or disapproval of the Use Permit in addition to the findings required by UCC section 9262(E). Tasting Rooms By consensus, City Council approves allowing Tasting Rooms by right in all zoning districts subject to the special requirements as revised above and changing the name to Specialty food and beverage sales with tastings. Gene Hoggren- asked if MTA will provide transportation to and from tasting rooms and is concerned with drinking and driving. Business Services By consensus, City Council approved term name change to Business Support Services and definition. Maintenance/Repair - client site services By consensus, City Council approved keeping permit requirements as recommended by staff. No change to permit requirements identified in Use Table. Maintenance/Repair-equipment, large appliances By consensus, City Council approved prohibiting large appliance repair and allowing small appliance repair. Staff to create two categories of Maintenance/Repair -one for small appliances and one for large appliances. Small appliances will be allowed by right in all zoning districts with a Major Use Permit required when the use is more than 5,000 gross square feet or 100 1ienear feet A(5). ' By consensus, City Council supports store fronts of 75 feet instead of 100 feet in the foot notes. Parking lots - public or commercial By consensus, City Council agrees with the Planning Commission recommendation. No change to permit requirements identified in the Use Table. Drive-th rus/D rive-ups Hold this item for the formula fast food discussion. Prohibited Uses By consensus, City Council agrees with staff's recommendations. No change to prohibited uses as identified in the Use Tables. Recessed 6:55 pm Reconvened 6:57 pm Sidewalk Cafe Standards - Attachment 2 of staff report Sidewalk Cafes. A Sidewalk cafe shall comply with the requirements of this Section where allowed by Table 3: Allowed Uses and Permit Requirements. Councilmember Landis provided comments from Zach Schat and Craig Strattman as City Council proceeded through Attachment 2, Sidewalk Cafe Standards; the comments are attached. Page 3 of 9 8/22/2011 A. Purpose. The provisions of this Section are intended to allow a sidewalk cafe to operate in association with an allowed restaurant use, where the sidewalk cafe is clearly incidental to the restaurant use and will not negatively impact the Festa ur°nt PUbli . right-of-way. Staff to check language regarding negatively impact. B. Permit Requirements. A sidewalk cafe shall require the approval of an encroachment permit from the Department of Public Works and Planning and Community Development Department. Okay. C. Limitations and Requirements. A sidewalk cafe may be allowed only where allowed by Table 3 and only when the sidewalk cafe is incidental to and a part of the operation of such adjacent restaurant and when in compliance with the following requirements of this Section. 1. Where permissible. A sidewalk cafe may be located on a public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe provided that the area in which the sidewalk cafe extends is no farther along the sidewalk frontage of than the operating indoor restaurant. 2. Number of sidewalk cafes. AWPWAIk P;44 :;Ad Each cafe shall be confined to a side defined location on the sidewalk. 3. Hours of operation. Sidewalk cafes may operate on days whenever fair weather would enhance outdoor dining. The hours of operation shall be between 8:00 a.m. and 9:00 p.m. Tables, chairs and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation. Additional hours may be approved with Zoning Administrator approval of a Minor Use Permit. Okay. 4. Sidewalk clearances. A sidewalk cafe may be allowed only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. A sidewalk cafe may not occupy more than 50 percent of the sidewalk's width at any point a-P4 or as needed to meet ADA requirements n„t less than ei` ht gyn. npe ed fnr pedestrian tr•]ffln Senior Planner Jordan supplied the wording. 5. Live entertainment, special events. A sidewalk cafe shall not be used for live entertainment or special events. Special events or live entertainment may be approved with Zoning Administrator approval of a Minor Use Permit. Page 4 of 9 8/22/2011 Okay. 6. Tables and chairs, location requirements or furniture, signage: a. All table and chairs sha44 comprising a sidewalk cafe shall be situated in a safe fashion sot baGk ^9t W-66- th°n 7 foot from aRY G„rh, and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop. Change the wording unless the city attorney says to leave it as is. Steve Scalmanini - expressed concern over liability issues if 6a does not specify location. b. The dining area shall not impede e+n+sh the use of public furnishings such as lighting, benches, parking meters, etc. c. A minimum of 48 inches of unobstructed space shall be maintained for ingress/egress between all doorways and the pedestrian traffic corridor or as required by the Building Code. d. A minimum of 60 inches of unobstructed space shall be maintained between emergency exits and any furniture or fixtures related to outdoor dining, or as required by the Uniform Building Code, whichever is greater. Okay. e. All outdoor dining furniture, including tables, chairs, umbrellas, and planters shall be movable. Okay. f. Umbrellas shall be secured with a minimum base of not less than 60 pounds and shall leave a vertical clearance of seven feet from the sidewalk surface. Okay. g. Outdoor heaters are allowed subject to the Fire and Building Codes. Music or speakers require approval of a minor use permit. h. No signage shall be allowed at the outdoor cafe except of the name of the establishment on an awning or umbrella fringe and as required by this Chapter and Sign Ordinance. Okay. Page 5 of 9 8/22/2011 i. All furnishings and other items associated with the sidewalk cafe shall be removed from the sidewalk during non-operating hours of the cafe. Approval of a minor use permit is required to store these items outside. 7. Maintenance. All outdoor dining furnishings shall be maintained in good condition, and all exterior surfaces within the outdoor dining area shall be kept clean and free of debris at all times. Okay. 8. Food and Beverages. A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; provided, however that the service of beer or wine or both solely for on-premise consumption by customers within the area of the sidewalk cafe may be authorized by the Zoning Administrator/Police Department as part of the required encroachment permit if each of the following requirements are met: a. The sidewalk cafe operation is duly licensed, or prior to the service of any beer or wine at the cafe will be duly licensed by state authorities to sell beer or wine or both for consumption within the area of the sidewalk cafe. Okay. c. The area in which the sidewalk cafe is authorized is identified in a manner, as part of the encroachment permit, which will clearly separate and delineate it from the areas of the sidewalk that will remain open to pedestrian traffic.' Okay. d. One or more signs, as approved as part of the encroachment permit, are posted during all times the sidewalk cafe is in operation, which shall give notice to the cafe's customers that the drinking of beer or wine of or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated area of the sidewalk cafe. Councilmembers are not in support of sign unless required by law such as Police Department, Alcoholic Beverage Control. 9. Service Requirements. a. The outdoor preparation of food and busing and service stations are prohibited at the sidewalk cafes. Service station may be allowed with approval of a Minor Use Permit. Page 6 of 9 8/22/2011 b The presetting of tables Disposable utensils, glasses, napkins, and plates, GORd;` ;e^+s and the like is are prohibited. G. All elfierF6,r With in the nef° shell he easily nleaRable aRd shill s~ FfaGeC ~~m~ ~,T~~~.~„-~~~ a.. he kept nleon At °II +irr,es by the permittee. Combine this section with similar section under Maintenance. d. Restrooms for the cafe shall be provided in the adjoining indoor restaurant and the cafe seating shall be counted in determining the restroom requirements of the indoor restaurant. Okay. e. Trash and refuse sterage receptacles for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. Trash and/or refuse receptacles may be allowed with approval of a Minor Use Permit. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface, curb, gutter, and furniture and adjacent areas in a clean and safe condition. D. Power to prohibit operation of the sidewalk cafe. The City shall have the right and power, acting through the City Manage or designee, to prohibit the operation of a sidewalk cafe 'at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power of the City to prohibit the cafe's operation at any particular time. Okay. E. Conditions. In connection with granting the encroachment permit for a sidewalk cafe, conditions may be imposed in granting approval as deemed necessary for the proposed operation to meet the operating requirements of this Section. Okay. F. Modifications. In the event the City determines during the operation of an approved sidewalk cafe that additional or revised conditions are necessary in order for the sidewalk cafe to comply with the requirements of this Section. The City shall have the ability to add additional conditions to the approved encroachment permit. Okay. Page 7 of 9 8/22/2011 G. Revocation. The encroachment permit to operate a sidewalk cafe may be revoked by the City upon finding that one or more conditions of the permit or this Section have been violated or that the sidewalk cafe is being operated in a manner that constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes the movement of pedestrians past the cafe. Okay. Alan Nicholson, speaking on behalf of Zach Schats, regarding the vision of downtown and keeping downtown looking and feeling municipal and uniform. He expressed the need to not think temporary, but well thought out and permanent. For example, more unified planters and suggests a design standards policy. Defined spaces should be permanent i.e. bulb outs, planters, etc. Council supports continuity. Nicholson spoke regarding corporate chains downtown ad brought attention to the front page of website of City of Ukiah and the advertising of shop local and local support. Does not want to see a shop corporate downtown on the city website. By Consensus, City Council approves allowing as an accessory use by right when the sidewalk cafe complies with the standards noted above as revised. Revise Use Table permit requirement to AC with a reference to the standards noted above, change name of use to Restaurant - sidewalk cafe. Lot Line Adjustments AKA boundary line adjustments. By consensus, City Council approves lot line adjustment procedure as written in Attachment 4 of staff report. Parking Requirements Number of parking spaces required. Senior Planner Jordan suggested changing "may" to "shall" count on street parking spaces along the project frontage toward parking requirement. City Council agrees with the suggestion and staff analysis. Revise section 9.020(C). Shared Parking Councilmember Thomas questioned the idea of shared parking in residential areas and hopes the required numbers are correct. City Council supports staff analysis. Parking Reduction for Permeable Paving City Council supports staff analysis. Revise section 9.030(G) to allow a reduction in parking for all types of Low Impact Development rather than limiting to only permeable paving. Reduced Vehicle Parking & Require Use of "Required Vehicle Parking" City Council supports staff analysis. No changes required. Circulation Map Extension of Stephenson Street and Church Street Page 8 of 9 8/22/2011 City Council supports removal from map, retention of the text making both streets recommended street extensions, provide direction to the purpose of the extensions is to replicate current grid pattern of the streets, and add language regarding lot perimeter requirements. Add Stephenson Street to section 11.050(D): Recommended Street Extensions and remove from section 11.050(C): Required Street Extensions, add language regarding the intent to create the grid pattern, compliance with block perimeter requirements, and compliance with circulation and other DZC requirements. Block perimeter and other DZC requirements will be determined through the development review process. Linda Malone, representing Even Keel, supports removal of streets from the map, requests the words "required" or "recommended" be removed from any language. She does support the word "possible" extension to replicate the grid pattern. The intent is to make it flexible and not reduce property values. Linda Helland, Planning Commission, pointed out modifications are possible to required street extensions. Extension of Clay Street and Hospital Drive City Council supports leaving both on the circulation map and no change to text. Frontage Requirements - Sidewalk Width/Street Sections Councilmember Landis supports sidewalk widths consistent with the City's other downtown plans. Perkins Street provides an opportunity for wider sidewalks. In general would like wider sidewalks whenever possible especially on gateway streets. Councilmember Thomas expressed concerns over the number of variables. Street by street approach, take into account foot traffic. Would like to see 8-10 sidewalks but allow for flexibility. Would like planters between the street and the sidewalk. Mayor Rodin prefers median instead of planters if space is available. Prefers wider sidewalks over the movement of vehicles. Staff to bring back suggestions. 8. ADJOURNMENT There being no further business, the meeting adjourned at 9 pm. JoAnne M. Currie, City Clerk Page 9 of 9 8/22/2011 Charlev Stum From: Mary Anne Landis <malandis@pacific.net> Sent:",, Monday, August 22, 2011 3:28 PM To: Kim Jordan; Charley Stump Subject: Fwd: Re: sidewalk cafe standards FYI re sidewalk cafes, Original Message Subject:Re: sidewalk cafe standards Date:Mon, 22 Aug 2011 15:21:56 -0700 From: Craig Strattman <craiR33@]2acific.net> To:Mary Anne Landis <malandis(_pacific.net> Hi Mary Anne, Thank you for sending us the Sidewalk Cafe Standards. Here are a few considerations: 1. Restrictions of service should be based on existing licenses ( ABC, Health department, license... I need to have a full bar service as I do now) 2. Hours of operation again based on existing licenses (not Sam to 9pm) 3. 50% of the sidewalk should be based on ADA requirements (500 of a thin sidewalk will not meet ADA) 4. The operator should not have to forfeit the space for festivals or events ( It would be a conflict to the liquor license and insurance) see section D 5. Table need to be pre set in busy times. (see section 9B) 6. A removable bus station or an attended beverage service area within the fenced in area will help turn tables and keep thing clean see section 9A I believe Sage has most of this from a meeting a couple of months ago. I am in Mammoth fishing so phone is better today, sorry I can't meet with you, but please feel free to call me anytime. we will be home. on Wednesday, driving Tuesday. Thank you Craig 391-7740 On Aug 22, 2011, at 9:41 AM, Mary Anne Landis wr > Hi You Two! 1 > I'm wondering if you have seen the Sidewalk Cafe Standards which will be discussed tonight at another Downtown Zoning Code workshop > I particularly would like your comments on whether you think the requirements are doable- like the section on Tables and Chairs; that includes outdoor heaters and removing all furnishings during non-operating hours. > I hope you see this before we meet so I can hear your viewpoint about any of the details included in staff's recommendations. > Here is the url to access it quickly. > http://cityofukiah.granicus.com/MetaViewer.php?view id=2&event id=19&meta id= 13935 > Comments on any aspect of what's being proposed are appreciated, if you have time, > Mary Anne Landis 2 Charley Stump 4 From::. Mary-Anne Landis <maland is@pacific. net> Sent: Monday, August 22, 2011 1:59 PM To: Kim Jordan; Charley Stump Subject: Fwd: RE: sidewalk cafe standards FYI, Original Message Subject:RE: sidewalk cafe standards Date:Mon, 22 Aug 2011 12:21:46 -0700 From:Zach Schat <zachna schats.com> To:'Mary Anne Landis' <malandis(a,pacific.net> Hello Mary Anne, VIIJ Thank you for inviting my comments. I'm going to try and make the meeting tonight if I can. In regards to Sidewalk Caf6' Standards as listed in Attachment 2 I have the following comments. Under section C, condition 3. I believe hours of operation should be extended to 6:00am until 9:30 p.m. Are the current hours an arbitrary time frame or do they coincide with other use permits? Under Section C, condition 4. I believe you cannot attain the desired effect for a "sidewalk caf6" if there is not enough sidewalk width to allow enough seating to make an impact. Sidewalk caf6 is only successful if a "room" feel is created. Sidewalk traffic can't interrupt your room. Sidewalk traffic needs enough room to walk on the outside of the "room" that is created. Under Section C, condition 6b. Outdoor dining should not impede public furnishings, but rather enhance access to bike racks, shade , recycle receptacles ect, ect.. Under Section C, condition 6i I think this is a case by case encroachment permit. If the storage of caf6 tables and chairs isn't impeding any sidewalk traffic why not lock it up outside? I would imagine most business owners wouldn't leave it out anyway because of Vandalism. Under Section C, condition 9b I'm not sure what the rational is for not allowing pre setting of tables during business hours. You either look open and inviting or you don't. Under Section C, condition 9e 1 Certainly no one wants to store trash outside, but I would imagine trash receptacles are o.k. Mary ;Anne, I see a vision for a downtown that includes wider sidewalks, bulb outs, tree's, bike racks, tree's, planters. I believe all of these add to the overall effect of what we are trying to do to the downtown. I feel we don't need to "tryout" certain spots, because if it's done right it will work. I have no doubts. Pardon my French, but doing things "half ass" won't provide good data. The approach to the downtown and its overall revamping, doesn't need to be focused on sidewalk cafe's for certain shops, but rather on creating an ambiance for the entire core of downtown with wide sidewalks, bike racks, benches, shade and signage. Once that's in place, people will appreciate the changes and cafe's will feel inclined to create an outdoor room and the entire feel of the downtown will change. Thanks again for asking for my comments. Best Regards, Zachary Schat Schat's Bakery -----Original Message----- From: Mary Anne Landis [mailto:malandis@pacific.net] Sent: Monday, August 22, 2011 9:48 AM To: zach@schats.com Subject: sidewalk cafe standards HI Zack, In anticipation of the future expansion of sidewalk dining, I'm hopeful you will be willing to comment on this section- or any part of what is being discussed tonight regarding the Downtown Zoning Code. http://cityofukiah.granicus.com/MetaViewer.php?view id=2&event id=19&meta id =13935 Here's the website where you can find the recommended standards for sidewalk cafes, hoping you will take a bit of time to think about whether they are reasonable and either come comment about them or send me your thoughts. Thanks, Mary Anne 2 Dear Post Office Preservers, All administrative appeals against the Postal Service decision to close the Ukiah Main Post Office have now been exhausted. There are reports that the Postal Service is planning to begin work, possibly in early October, to remodel the annex with the goal of abandoning the downtown building. That is what the clerks have been told, for what it's worth. The only remaining way to keep the downtown post office open is a lawsuit in federal district court. The grounds would be failure to perform environmental impact review, failure to disclose information necessary for meaningful public comment, failure to carry out the consultative process required before abandoning an historical building, and failure to utilize an historic building to the maximum extent feasible. All of these duties are pretty clearly set out in federal law. Until very recently, we believed that certain local attorneys were prepared to file such a lawsuit. Unfortunately, that does not appear to be the case. The time to file a lawsuit is now, and delay beyond the start of work by the USPS would handicap the legal effort. We deeply regret these circumstances, and this email is being sent so that any new ideas or opportunities can be pursued. If i interpret this correctly we have to file Motion for Oral Argument by September 29, and our Claim for Relief by November 10 Procedural Schedule July 14, 2011 July 25, 2011 July 29, 2011 August 12, 2011 August 18, 2011 September 7, 2011..... September 22, 2011 September 29, 2011 November 10, 2011 Filing of Appeal. Deadline for the Postal Service to file an answer responding to the application for suspension. Deadline for the Postal Service to file the administrative record in this appeal. Deadline for notices to intervene (see 39 CFR 3001.111(b)). Deadline for Petitioner's Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). Expiration of the Commission's 120- day decisional schedule (see 39 See.... Postal Regulatory Commission: Library: Dockets... http://www.prc.C.lov/I)rc- pages/library/dockets.aspx?activeview=DocketView&docketType=Single&docketid=A20 11-21&attrlD=-1&attrName=.....for all registered documents. clan nicholson Design Studio 3201 Mill Creek Road PO Box 577 Talmage CA 95481 p. 707 972 8879 f. 707 462 1045 e. alan@anDesignStudio.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BARRY VOGEL (SBN #60141) Attorney & Counselor P.O. Box 383 Ukiah, California 95482 Telephone: (707) 462-6541 Facsimile: (707) 462-3253 vogel@pacific.net SUSAN SHER (WA SBN #14210) Law Offices of Susan Sher 116 S. State Street Ukiah, CA 95482 Telephone: (707) 463-1196 Facsimile: (707) 462-6258 ssher@pacific.net Attorneys for Plaintiffs, SAVE UKIAH POST OFFICE COMMITTEE, MICHAEL E. SWEENEY, JANIE SHEPPARD and ALAN NICHOLSON UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAVE UKIAH POST OFFICE COMMITTEE, ) MICHAEL E. SWEENEY, JANIE SHEPPARD ) and ALAN NICHOLSON, Plaintiffs, -v- UNITED STATES POSTAL SERVICE, and PATRICK DONAHOE, POSTMASTER GENERAL Defendan Case No. ) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF NATIONAL ENVIRONMENTAL POLICY ACT; NATIONAL HISTORIC PRESERVATION ACT; FREEDOM OF INFORMATION } ACT ts. ) DEMAND FOR A JURY TRIAL Plaintiffs SAVE UKIAH POST OFFICE COMMITTE, MICHAEL E. SWEENEY, JANIE SHEPPARD and ALAN NICHOLSON, for claims and relief against defendant UNITED STATES POSTAL SERVICE allege: 1. Since its opening in 1937, the Ukiah Main Post Office, a building which has been I SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 nominated for historical preservation status has been a fixture in the downtown area of Ukiah, 2 California. It has fully served the postal needs of individuals and businesses at a convenient and 3 central location. The USPS has failed to provide cost and savings information and details at the 4 request of Congressman Mike Thompson and plaintiff Michael Sweeny and in the absence of bona 5 fide evidence of cost savings, defendant United States Postal Service ("LISPS") has stated its 6 intention to close the Ukiah Main Post Office and move all postal operations to another facility on 7 the outskirts of the City of Ukiah. This decision has been made in gross and wanton disregard of 8 defendant's duty to utilize an historic building, to consider the effects of its decision on an historic 9 property and to provide analysis and findings regarding environmental impacts. 10 2. This is an action for declaratory, injunctive and other appropriate relief brought pursuant 11 to the National Environmental Policy Act ("NEPA"), 42 U.S.C. §4331 et seq. (implementing 12 regulations at 40 C.F.R. §1500 et seq.); the National Historic Preservation Act ("NHPA"), 16 U.S.C. 13 § 470 et seq., 39 U.S.C. §404(a) and 39 C.F.R. §241.3; and the Freedom of Information Act 14 ("FOIA"), 5 U.S.C. §552 as more particularly alleged herein. 15 3. Plaintiffs seek declaration that the actions of the USPS violate the NEPA, the NHPA and 16 the FOIA as well as injunctive relief that would enjoin the USPS from closing the Ukiah Main Post 17 Office in violation of these statutes. 18 ll. JURISDICTION AND VENUE 19 4. This court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. § 20 1331; 28 U.S.C. § 1339; and 39 U.S.C.§ 409(a). 21 5. An actual controversy exists between plaintiffs and defendant concerning their respective 22 rights and duties. Plaintiffs contend that defendant willfully violated their rights under the NEPA, the 23 NHPA and the FOIA. Plaintiffs are informed and believe, and based thereon allege, that defendant 24 LISPS denies that those actions were unlawful. Declaratory relief is therefore necessary and 25 appropriate. 26 6. Plaintiffs have no adequate remedy at law and therefore seek a permanent injunction to 27 prevent the USPS from unlawfully closing the Ukiah Main Post Office. Plaintiffs will suffer 28 irreparable harm as set forth herein if the LISPS implements its unlawful decision to close the Ukiah z SAVE UKIAH POST OFFICE CON IITTEE v. UNITED STATES POSTAL SERVICE 1 Main Post Office. 2 7. Costs and attorneys fees may be awarded pursuant to 28 U.S.C. § 2412(d) and 5 U.S.C. 3 § 504. 4 8. Venue is proper in the Northern District of California pursuant to 28 U.S.C. § 1391 (b) 5 because a substantial part of the events giving rise to this claim and a substantial part of the 6 property that is the subject of the action is located in Ukiah, California which is situated in this 7 District. 8 III. PARTIES 9 9. Plaintiff Save Ukiah Post Office Committee is an unincorporated association of users of 10 the Ukiah Main Post Office, Ukiah, California, dedicated to preventing the closure of the Ukiah Main 11 Post Office. 12 10. Plaintiff Michael E. Sweeney, was at all times relevant to the allegations of this 13 complaint, an individual who resides in the service area of the Ukiah Main Post Office, who utilizes 14 the services of the Ukiah Main Post Office, and who will be adversely affected if the Ukiah Main 15 Post Office is closed. 16 11. Plaintiff Janie Sheppard was at all times relevant to the allegations of this complaint, an 17 individual who resides in the service area of the Ukiah Main Post Office, who utilizes the services of 18 the Ukiah Main Post Office, and who will be adversely affected if the Ukiah Main Post Office is 19 closed. 20 12. Plaintiff Alan Nicholson was at all times relevant to the allegations of this complaint, an 21 individual who resides in the service area of the Ukiah Main Post Office, who utilizes the services of 22 the Ukiah Main Post Office, and who will be adversely affected if the Ukiah Main Post Office is 23 closed. 24 13. Defendant USPS is an agency of the United States government which under 39 U.S.C. 25 §401(1) may be sued in its official name. 26 IV. EXHAUSTION OF ADMINISTRATIVE REMEDIES 27 14. Plaintiffs have exhausted all required administrative remedies available to them. On 28 July 2011, prior to the announcement of defendant's decision to close the Ukiah Main Post Office 3 SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plaintiffs submitted written objections to the USPS. On July 13, 2011, they fled a Petition For Review of Closure and Consolidation of Ukiah Main Post Office and Application for Suspension of Determination before the Postal Regulatory Commission ("PRC"). Following defendant's July 29, 2011 motion to dismiss these proceedings before the PRC, on August 10, 2011, plaintiffs filed a brief with the PRC Opposing Closure and Consolidation of Ukiah Main Post Office. On August 31, 2011, David E. Williams, USPS Vice-President, Network Operations issued to plaintiffs a "Final Decision Regarding Relocation of Retail Services in Ukiah, California" which reiterated defendant's position regarding closure of the Ukiah Main Post Office. A true and correct copy of this USPS Final Decision is attached hereto as Exhibit "A". [NOTE: I AM UNSURE IF ALL THIS IS NECESSARY OR EVEN CORRECT BUT I THINK IT IS ALWAYS A GOOD IDEA TO SUMMARIZE ALL EFFORTS MADE TO RESOLVE THE MATTER INFORMALLY AND TO SHOW THAT WE'VE EXHAUSTED REMEDIES. WAS THERE EVER A FINAL DECISION ISSUED BY THE PRC? AND HOW ABOUT ALSO SUMMARIZING EFFORTS TO GET DOCUMENTS VIA FOIA? I DON'T HAVE THAT INFO] V. FACTUAL ALLEGATIONS 15. The Ukiah Main Post Office, located at 224 N. Oak Street, Ukiah, California, is owned by the USPS. It has been an essential facility in the historic downtown area of the City of Ukiah since opening in 1937. The Ukiah Main Post office has approximately 1500 post office boxes and receives heavy customer traffic, much of it walk-ins from the surrounding commercial and residential areas. 16. Adorning one wall of the Ukiah Main Post Office are historic murals depicting local agricultural production. Plaintiffs are informed and believe, and based thereon allege that these murals were funded through commissions under the United States Treasury Department's Section of Painting and Sculpture during the 1930s. [MAYBE ADD MORE FACTS ABOUT HEAVY USAGE OF THIS P.O.?] 17. Plaintiffs are informed and believe, and based thereon allege that in 2009 and 2010, financial problems of the USPS at the national level resulted in directives from USPS headquarters to USPS district management to close facilities in order to reduce costs. 4 SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 18. These directives compelled the USPS San Francisco District to initiate facility closures 2 in the absence of reliable evidence of whether or not the closures would actually yield significant 3 cost savings, and without consideration for the legal protections afforded to the individuals and 4 communities harmed by the closures. 5 19. In early 2011, plaintiffs were informed by USPS employees that the USPS planned to 6 close the Ukiah Main Post Office and transfer its functions to an annex located at 671 Orchard 7 Avenue, on the outskirts of the City of Ukiah. 8 20. Plaintiffs and other concerned individuals and entities thereupon made several good 9 faith attempts to obtain from the USPS all documents, information and explanations pertaining to 10 the closure decision. These efforts included but were not limited to: a Freedom of Information Act 11 (FOIA) request; appeal of denial of the FOIA request; a request by Congressman Mike Thompson 12 (representing California's First District, in which Ukiah is located) for more detailed information 13 [MORE PRECISE DESCRIPTION?]; a request by the City of Ukiah for documents and permission 14 to perform a building survey; and a demand by the Mendocino County Board of Supervisors for 15 further information [MORE DETAIL OF COUNTY'S REQUEST?]. All such requests were denied or 16 responded to by means of heavily-redacted documents of no value. 17 21. Throughout the subsequent proceedings, the USPS consistently refused to provide 18 information or documentation in support of its claim that closure of the Ukiah Main Post Office would 19 yield financial benefit to the USPS. Nor did the USPS offer an analysis of what factors were 20 considered, and how the closure decision was reached. 21 22. On February 23, 2011, at a meeting with city officials and concerned citizens, 22 representatives of the USPS hand-delivered a letter to Ukiah Mayor Mari Rodin formally stating a 23 determination to "relocate the retail services currently located at 224 North Oak Street to our facility 24 located at 671 Orchard Avenue." It was explained [IN THE LETTER OR AT THE MEETING?] by 25 the USPS representatives that the Ukiah Main Post Office building would be closed and sold; after 26 undergoing major reconstruction estimated at $360,000 the annex facility on Orchard Avenue 27 would take over the retail services formerly provided by the Ukiah Main Post Office. 28 23. On April 8, 2011, Congressman Mike Thompson forwarded to the USPS and the s SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California State Office of Historic Preservation a nomination of the Ukiah Main Post Office for listing on the National Register of Historic Places. On May 4, 2011, the California State Office of Historic Preservation certified and endorsed the nomination and so notified the USPS. 24. On April 21, 2011, the Ukiah City Council sponsored a forum to allow public comment to USPS representatives concerning the proposed closure of the Ukiah Main Post Office. The forum was attended by approximately 300 people, of whom 60 spoke, all opposing closure. These members of the public offered three hours of detailed testimony regarding the environmental, economic, cultural and historical adverse impacts as well as the extreme inconvenience that this closure would bring. The Save the Ukiah Post Office Committee presented 5,000 petition signatures opposing closure, and resolutions of opposition were presented by the Ukiah City Council and Mendocino County Board of Supervisors. New requests were made for USPS documentation and explanations, but none were provided. 25. Without specific information the uses of the Ukiah Main Post Office, 224 North Oak Street, were precluded from meaningfully addressing the cost issues associated with closure and relocation of postal services. 26. In a letter dated June 20, 2011, the USPS informed the City of Ukiah that the recommendation to "relocate" the Ukiah Main Post Office had been approved by the USPS Vice President of Facilities. This constituted the decision by USPS that is challenged by Plaintiffs in this action. The Vice President of Facilities is the individual to whom appeals can be made. Thus, the USPS had clearly already made up its mind to "relocate," demonstrating a pattern and practice for gross and wanton disregard for public participation and the significance of the appeal process. 27. Plaintiffs are informed and believe, and based thereon allege that the Advisory Council on Historic Preservation ("ACHP") is an independent agency of the United States government that promotes the preservation, enhancement, and productive use of the nation's historic resources, and advises the President and Congress on national historic preservation policy. 28. In a letter dated July 21, 2011, Caroline D. Hall, Assistant Director of the ACHP wrote the USPS inquiring about the current status of the Section 106 process for the Ukiah Main Post Office, since the Council had not been informed of the closure decision. 6 SAVE UKIAI I POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 29. It is feasible for the USPS to continue to use the Ukiah Main Post Office instead of 2 constructing new facilities at 671 Orchard Avenue to replace it. ["The Ukiah Main Post Office is 3 well-located, structurally sound, has ample space, and maximizes the ability of the USPS to 4 compete for express mail, parcel and box rental business in Ukiah. USPS employees at the 5 Ukiah Main Post Office are fully and efficiently utilized throughout their working day." TOO 6 MUCH ARGUMENT HERE?] 7 [INCLUDE FURTHER SUMMARY OF CORRESPONDENCE AND USPS DECISIONS HERE?] 8 VI. FIRST CLAIM FOR RELIEF FAILURE TO DISCLOSE ESSENTIAL INFORMATION 9 Freedom of Information Act ("FOIA") (5 U.S.C. §552 et seq.; 39 U.S.C. §404(d)) 10 30. Plaintiffs incorporate by reference as if fully set forth herein the allegations contained in 11 paragraphs 1 through 50, above. 12 31. The Freedom of Information Act ("FOIX) (5 U.S.C.A. § 552 et seq.) provides for the 13 disclosure of information held by administrative agencies to the public, unless the documents 14 requested fall into one of the specific exemptions set forth in the statute. FOIA was implemented to 15 prevent federal agencies from abusing their discretionary powers by forcing them to make certain 16 information about their work available to the public. 17 32. This duty of openness specifically regarding post office closures and consolidations is 18 set forth at 39 U.S.C. §404(d) and 39 C.F.R. §241.3. Prior to closing or consolidating post offices, 19 the USPS is required under 39 U.S.C. §404(d), as implemented by 39 C.F.R. §241.3, to make 20 written, public findings addressing five specific criteria including "the economic savings to the Postal 21 Service resulting from such closing or consolidation." The record upon which the findings are made 22 must be assembled and made available to the public. - move to front - opportunity to address facts 23 denied to us 24 33. In order to verify the claim of the USPS that closure of the Ukiah Main Post Office will 25 result in significant cost reduction, pursuant to the FOIA, plaintiff Sweeney requested the USPS to 26 furnish the following essential documents: 27 (a) a 9-page "Facility Optimization Study," November 15, 2010, described by USPS 28 as "presenting the Postal Services' Ukiah California facilities and revenue figures, 7 SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 recommended actions, estimated costs, facility impacts, reasons for eliminating 2 alternatives, and proposed implementation schedule"; 3 (b) a 43-page "HVAC, Electrical & Roof Replacement Survey, Study and Preliminary 4 Design and Construction Budget Cost Estimate," March 26, 2010; (c) a 5-page 5 "Justification Expenditure," June 11, 2010; 6 (d) a 1-page "Facilities Optimization Briefing Sheet," January 28, 2011; and 7 (e) the denial of permission to conduct an independent survey of the Ukiah Main 8 Post Office building, requested by City of Ukiah on March 9, 2011. 9 34. The USPS refused to allow plaintiffs access to said essential and relevant information. In 10 denying the FOIA requests and other informational requests from plaintiff Sweeney, as well as the 11 City of Ukiah, the County of Mendocino, and Congressman Thompson, the USPS falsely invoked 12 exemptions from the disclosure requirements, not for the purported reason such "protecting 13 deliberative process" or "good business practice," but solely to obstruct the public's attempts to 14 understand, analyze and comment on the closure decision. 15 35. Plaintiffs are informed and believe, and based thereon allege that the decision of the 16 USPS to close the Ukiah Main Post Office is a miscalculation by USPS management that will result 17 in financial loss, rather than gain to the USPS and which will cause severe harm to the residents 18 and business owners of the City of Ukiah. The LISPS has, however, refused to furnish information 19 regarding how it arrived at such an appraised value of the Ukiah Main Post Office nor the relevant 20 market for sale of the building. For example, brief and fragmentary statements issued by defendant 21 reveal a belief that an abandoned Ukiah Main Post Office building could be sold for the amount of 22 $600,000. The consensus of local residents is that this empty building will become an undesirable 23 blight on the all ready depressed downtown area. 24 36. In refusing to comply with the aforesaid requirements of 39 C.F.R. §241.3, the USPS 25 has obstructed public understanding and participation. It has euphemistically referred to its 26 decision to close the Ukiah Main Post Office as a "relocation" of services under 39 C.F.R. §241.4, 27 which applies only to situations wherein the USPS is unable to continue to operate in an existing 28 building and must build or lease new quarters. In denying that its decision is a "closure or s SAVE UKIAH POST OFFICE CONMTTEE v. UNITED STATES POSTAL SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 consolidation" defendant has attempted to escape the requirements of 39 C.F.R. §241.3 to issue written, public findings including the economic savings to the Postal Service resulting from such closing or consolidation." Defendant has relied on this deliberate mischaracterization of its decision to support its denial of plaintiffs' requests pursuant to the FOIA. - argue the words of 39 C.F.R. 775 - PO must cooperate with local jurisdictions 37. As a proximate result of defendant's actions, plaintiffs will suffer substantial harm, to wit: the opportunity to gather information in order to demonstrate that there may be little or no cost savings in carrying out defendant's proposed project as compared to continuing use of the Ukiah Main Post Office. 38. Defendant's actions against plaintiffs have caused and will continue to cause plaintiffs further harm in that plaintiffs will incur fees and costs of suit including expert witness fees which will be claimed in an amount to be proven following trial. WHEREFORE, plaintiff prays for relief and judgment as hereinafter set forth. VII. SECOND CLAIM FOR RELIEF FAILURE TO PERFORM AN ENVIRONMENTAL ASSESSMENT National Environmental Policy Act ("NEPA") (42 U.S.C. §4331 et seq., 40 C.F.R. §1500 et seq.) 39. Plaintiffs incorporate by reference as if fully set forth herein the allegations contained in paragraphs 1 through 25, above. 40. The USPS has made the decision to dispose of the Ukiah Main Post Office and transfer retail and mail processing functions from that building to the current postal annex located at 671 S. Orchard Avenue on the outskirts of the City of Ukiah (known as the "Carrier Annex" by the USPS). 41. Before undertaking these actions, the LISPS is required to perform an environmental assessment in accordance with the NEPA and its implementing regulations. [The USPS is required to prepare an Environmental Assessment under 40 U.S.C. §4332, 40 C.F.R. §1501.2- 3, and 39 C.F.R. §775.5. The closure is not a categorical exclusion from Environmental Assessment under 39 C.F.R. §775.6 because an integral part of the project is major construction and transfer of customer traffic to the new location at 671 Orchard Avenue. Note: 1 wonder if this is too technical to include in a complaint? My preference would be to leave it out.] 9 SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 42. The closure of Ukiah Main Post Office and major remodel of the Carrier Annex to 2 replace it will have significant environmental impacts. These will include, but are not necessarily 3 limited to, traffic congestion, closure of other businesses and resulting blight in Ukiah's downtown 4 area, and loss of customer ability to walk rather than drive to the post office. The USPS has been 5 informed of these environmental impacts in writing and by oral testimony by plaintiffs and other 6 concerned persons. 7 43. Plaintiffs are informed and believe, and based thereon allege that the USPS Facilities 8 Environmental Guide, Handbook RE-6 was created to instruct USPS managers regarding proper 9 procedure for [construction? relocation?] projects. At p. 2-4, the Handbook admonishes that: "If 10 a decision to go forward with a proposed project is made before initiating the NEPA process, then 11 neither the letter nor the spirit of NEPA has been followed." In the instant case, by not initiating the 12 NEPA process before proceeding with plans to close the Ukiah Main Post Office, the USPS has 13 also violated its own policy. 14 44. The USPS has failed or refused to prepare an environmental assessment or 15 environmental impact statement prior or at any time thereafter to making the decision to close the 16 Ukiah Main Post Office and transfer retail operations to the Carrier Annex. 17 45. As further evidence of this failure or refusal, in response to written objections from 18 plaintiffs, USPS District Manager Rosemarie Fernandez stated in a letter dated May 24, 2011 that: 19 "If at a future date, the Postal Service will proceed with the relocation of the retail operations from 20 the Ukiah Main Post Office to the existing Ukiah Carrier Annex, the Postal Service will follow 21 applicable NEPA requirements in its internal regulations." 22 46. As a proximate result of defendant's actions, plaintiffs will suffer substantial harm, to wit: 23 traffic congestion; loss of ability to walk or bicycle to neighborhood post office; air pollution; closure 24 of other downtown businesses; increased blight in the increasingly economically depressed 25 downtown area; loss of community gathering space. [ANY OTHER SPECIFIC ENVIRONMENTAL 26 CONCERNS? NOT ALL THESE MAY BE] 27 47. Defendant's actions against plaintiffs have caused and will continue to cause plaintiffs 28 further harm in that plaintiffs will incur fees and costs of suit including expert witness fees which will Io SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 be claimed in an amount to be proven following trial. 2 WHEREFORE, plaintiff prays for relief and judgment as hereinafter set forth. 3 VIII. THIRD CLAIM FOR RELIEF FAILURE TO PRESERVE HISTORIC PROPERTIES 4 National Historic Preservation Act ("NHPA") (16 U.S.C. §470 (f) and (h)) 5 48. Plaintiffs incorporate by reference as if fully set forth herein the allegations contained in 6 paragraphs 1 through 34, above. 7 49. The Ukiah Main Post Office is an "historic property" eligible for listing on the National 8 Register of Historic Places pursuant to the National Historic Preservation Act ("NHPA"), 16 U.S.C. 9 §470 et seq. 10 50. The NHPA at 16 U.S.C. §470h mandates the USPS to assume responsibility for the 11 preservation of historic properties which it owns or controls and to use historic buildings to carry out 12 its mission "to the maximum extent feasible". I 13 51. The decision of the USPS to close the Ukiah Main Post Office and construct new 14 facilities at 671 Orchard Avenue violates the obligation of the USPS imposed by the NHPA to use 15 the Ukiah Main Post Office to the maximum extent feasible. 16 52. [THE FOLLOWING IS SHAMELESSLY LIFTED FROM THE CITY'S 7/6/11 LETTER. 1 17 THINK WE NEED TO MAKE THIS ADDITIONAL CLAIM] Further, the NHPA at 16 U.S.C. §470(f) 18 requires the USPS to nominate buildings that are eligible for listing in the National Register of 19 Historic Places and to manage and maintain buildings which are eligible for nomination in a way that 20 considers the preservation of their historic, archaeological, architectural, and cultural values in 21 compliance with section 106 of the Act and give special consideration to the preservation of such 22 values in the case of properties designated as having national significance. 23 53. The Ukiah Main Post Office qualifies for this treatment under the NHPA and the USPS 24 has failed or refused to provide it. The Ukiah Main Post Office has be entered into the National 25 Register of Historic Places, and must be treated as a historic building. 26 54. As a proximate result of defendant's actions, plaintiffs will suffer substantial harm, to wit: 27 loss of a historically recognized downtown building housing an artistically important mural; closure of 28 other downtown businesses; increased downtown blight; and substantial adverse impacts upon the 11 SAVE UKIAH POST OFFICE COMNETTEE v. UNITED STATES POSTAL SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 physical and social environments of the City of Ukiah. 55. Defendant's actions against plaintiffs have caused and will continue to cause plaintiffs further harm in that plaintiffs will incur fees and costs of suit including expert witness fees which will be claimed in an amount to be proven following trial. WHEREFORE, plaintiff prays for relief and judgment as hereinafter set forth. IX. FOURTH CLAIM FOR RELIEF FAILURE TO ENGAGE IN CONSULTATION PROCESS National Historic Preservation Act ("NHPA") (16 U.S.C. §470 (f)) 56. Plaintiffs incorporate by reference as if fully set forth herein the allegations contained in paragraphs 1 through 43, above. 57. Prior to making any decision that may affect an historic property, the USPS is required to engage in a "Section 106" consultation process pursuant to the NHPA, at16 U.S.C. §470(f) for the purpose of identifying and preventing adverse impacts on the historic property. 58. In this instance a Section 106 process must include notice and disclosure to the federal Advisory Council on Historic Preservation, the California State Office of Historic Preservation, the City of Ukiah, and the general public concerning the proposed closure of the Ukiah Main Post Office. In further violation of the NHPA, the USPS has failed or refused to engage in the required Section 106 consultation prior to its decision to close the Ukiah Main Post Office, or at any time thereafter. 59. Such failure or refusal will lead to discontinuance of use of the Ukiah Main Post Office, disposition of the building and possible destruction of the historic character and the historically significant mural housed within the building. 60. As a proximate result of defendant's actions, plaintiffs will suffer substantial harm, to wit: loss of a historically recognized downtown building housing an artistically important mural; closure of other downtown businesses; increased downtown blight; and substantial adverse impacts upon the physical and social environments of the City of Ukiah. 61. Defendant's actions against plaintiffs have caused and will continue to cause plaintiffs further harm in that plaintiffs will incur fees and costs of suit including expert witness fees which will be claimed in an amount to be proven following trial. Iz SAVE UKIAH POST OFFICE COMMITTEE v. UNITED STATES POSTAL SERVICE 1 WHEREFORE, plaintiff prays for relief and judgment as hereinafter set forth. 2 X. DECLARATORY RELIEF ALLEGATIONS 3 62. Plaintiffs incorporate by reference as if fully set forth herein the allegations contained in 4 paragraphs 1 through 59, above. 5 63. Plaintiffs seek a judicial declaration of the rights and duties of the respective parties. 6 X. INJUNCTIVE RELIEF ALLEGATIONS 7 [THIS SECTION NEEDS A LOT MORE WORK.] - put language from this section in very 8 beginning - action for declaratory relief 9 64. Plaintiffs incorporate by reference as if fully set forth herein the allegations contained in 10 paragraphs 1 through 62, above. 11 WHEREFORE, plaintiff prays for relief and judgment as hereinafter set forth. 12 X. RELIEF REQUESTED 13 WHEREFORE, plaintiffs respectfully request that this Court assume jurisdiction in this entire matter 14 and: 15 1. Issue a declaratory judgment finding that decision of defendant USPS to close the Ukiah 16 Main Post Office violates (a) the requirement of the National Environmental Policy Act to prepare an 17 Environmental Assessment prior to said decision; (b) the requirement of the National Historic 18 Preservation Act to use historic properties to the maximum extent feasible; (c) the requirement of 1 g the National Historic Preservation Act to carry out a Section 106 consultation prior to a decision that 20 affects the Ukiah Main Post Office; (d) the requirement under the Freedom of Information Act and 21 39 U.S.C. §404(d) to disclose all relevant information and make written findings supported by the 22 record prior to closing the Ukiah Main Post Office; together with such additional findings as the 23 Court deems necessary. 24 2. Enjoin Defendant USPS from closing, consolidating or materially reducing services at the 25 Ukiah Main Post Office until and unless all duties under federal law pertaining to such action have 26 been fulfilled. 27 3. Order defendant to pay reasonable attorneys' fees , reasonable expert witness fees, and 28 other costs of the action; 13 SAVE UKIAH POST OFFICE COMNIITTEE v. UNTIED STATES POSTAL SERVICE 1 4. Order defendant to pay plaintiffs interest on such fees and costs as are appropriate, 2 including pre and post-judgment interest. 3 5. Grant such other relief as this Court may deem proper and just. 4 5 Dated: October 2011 6 Respectfully submitted, 7 LAW OFFICES OF BARRY VOGEL $ By: Barry Vogel 9 LAW OFFICES OF SUSAN SHER 10 By: 11 Susan Sher Attorneys for Plaintiffs, 12 Save Ukiah Post Office Committee, 13 Michael E. Sweeney, Janie Sheppard and Alan Nicholson 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 SAVE UKIAH POST OFFICE COMNIITTEE v. UNITED STATES POSTAL SERVICE c'zry aJ' T1k ah ITEM NO.: 7a MEETING DATE: September 27, 2011 AGENDA SUMMARY REPORT SUBJECT: COMMUNITY WORKSHOP FOR DISCUSSION OF THE PROPOSED DOWNTOWN ZONING CODE (DZC) Background: On April 6, 2011, the City Council received an introductory presentation on the Downtown Zoning Code (DZC). On April 27, 2011, the City Council and Planning Commission held a joint community workshop to review the draft DZC and received public input. On May 24, July 12, July 25, and August 22, 2011 (see approval of minutes for this meeting), the City Council held community workshops to continue review of the draft DZC. Discussion: At the July 25th and August 22nd meetings, the City Council began its review of the unresolved items included in the DZC and received public comment. All of these topics also had been discussed at previous City Council DZC workshops. The remaining unresolved items in the DZC include, but are not limited to, the following: ■ Building height; ■ Density; ■ Location and visibility of trash receptacles; ■ Frontage improvements, including sidewalk widths; and ■ Possible prohibition and/or limitations on formula fast food restaurants. To facilitate the review and discussion of the remaining items, staff recommends the City Council continue its review of Table 1: Unresolved Downtown Zoning Code Issues beginning where the discussion left off at the August 22nd meeting (Other - Building Height, Density, Trash Receptacles). In order to facilitate the discussion regarding frontage improvements and formula fast food restaurants, staff has provided additional information on both items (see attachments 2 and 3). Frontage Improvements. At the August 22nd meeting, the Council began its discussion of frontage improvements and street sections with a focus on sidewalk widths and landscaping/tree planters. Due to time limitations and the need for additional information, the Council was unable to complete this discussion. In July 2009, the Council approved the Downtown Streetscape Improvement Plan. The streets included in this Plan are: State Street from Gobbi Street to Norton Street; Main Street from Gobbi Street to Norton Continued on Page 2 Recommended Action(s): Conduct a City Council workshop on the draft Downtown Zoning Code and take public comment. Alternative Council Option(s): Do not conduct the City Council workshop on the draft Downtown Zoning Code and provide direction to staff on how to proceed. Citizens advised: All Property Owners within the Proposed DZC Boundaries, Downtown Zoning Code email list, Planning Commission and Design Review Board Requested by: Charley Stump, Planning and Community Development Director Prepared by: Kim Jordan, Senior Planner and Charley Stump, Planning and Community Development Director Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: 1. Table 1: Unresolved Issues 2. Right-of-Way Table 3. Formula Fast Food Alternatives Approved: Ja Chambers, City Manager Street; Standley Street from School Street to Main Street: and Henry Street from School Street to State Street. The right-of-way and corresponding street sections for streets included in the Downtown Streetscape Improvement Plan have already been determined and approved by Council. As such, these street sections have been incorporated by reference into the Downtown Zoning Code. The streets within the boundaries of the DZC that were not included as part of the Downtown Streetscape Improvement Plan need to be addressed in the DZC. The DZC includes some possible street sections developed in order to provide the walkability, pedestrian oriented streetscape, and movement of vehicles and people envisioned for this code (DZC, pages 67-70). The DZC allows a modification to the street section with approval of a Major Exception (DZC, page 64, sections 11.090 and 11.100). In order to provide Council information on the existing conditions within the DZC, Public Works staff provided the existing right-of-way width and configuration within the right-of-way (sidewalk width, parking lanes, vehicle lanes, etc.). This information will allow the Council and public to visit and experience real examples of various street widths, sidewalk widths and tree planting prior to the meeting. School Street was identified as part of the DZC charrette process, Planning Commission workshop process, and City Council workshop process as an excellent example of a walkable, pedestrian oriented street. Staff requests the Council review the information included in attachment 2 and consider the width of sidewalks with/without street tree planters that are desired for the streets not addressed by the Downtown Streetscape Improvement Plan. To a large degree, vehicle lane width is determined by vehicle width, traffic volumes, and safety needs and vary from 10-12 feet in width. Parking lanes should be 8-feet wide unless the street has very little traffic, in which case a 7-foot parking lane may be adequate. If the improvements desired cannot be accommodated within the existing right-of-way noted in attachment 2, additional right-of- way and/or an easement would be required from the adjacent property owner(s) in order to develop the preferred street section. Formula Fast Food Restaurants. At the July 25th meeting the City Council directed staff to prepare several options for limiting formula fast food restaurants within the boundaries of the DZC for consideration at the next meeting. This information was provided for the August 22nd meeting; however, due to time limitations, the Council was unable to review and discuss this information. Based on the direction provided by the Council, staff researched the limitations and restrictions placed on formula businesses, including formula fast food restaurants, by other communities. The research indicated most communities that regulate formula businesses impose more than one type of limitation. Staff has summarized the research into a menu of possible limitations that could be placed on formula fast food restaurants (see attachment 3). Staff requests the Council review this "menu" prior to the September 27th meeting and create a preferred menu of limitations using attachment 3 as a guide. Specifically, staff requests the following of the Council: ■ Review and identify the possible limitations (location, number, size, design/sign review) for formula fast food restaurants from the alternatives included in attachment 5 and/or from other alternatives identified as appropriate by the Council in order to create a customized list of limitations to apply within the boundaries of the Downtown Zoning Code. ■ Determine the type of permit requirement: allow by right (no use permit): allow with a Minor Use Permit (Zoning Administrator review and approval); allow with a Major Use Permit (Planning Commission review and approval); prohibit within the DZC (Planning Commission recommendation). Should the Council determine that the appropriate permit requirement is a Minor or Major Use Permit, staff requests the Council select the appropriate findings. ■ Identify the preferred findings required in order to approve a formula fast food restaurant. ■ Identify the purpose(s) and/or desired outcome of a prohibition or limitation of formula fast food restaurants. ■ Determine the definition of formula fast food to be used in the DZC, including whether or not to include the exceptions for ice cream shops, coffee houses, bakeries, hot dog stands, and other businesses whose primary function is not the service of full meals. Receiving direction from the Council on the remaining unresolved issues will allow staff to complete the environmental review required for the Downtown Zoning Code. Next Steps: ■ Airport Comprehensive Land Use Plan: The Draft DZC will be referred to the Airport Land Use Commission as required by the Public Utilities Code. ■ California Environmental Quality Act: Staff will complete the Initial Environmental Study required for the project by the California Environmental Quality Act (CEQA). ■ Design Guidelines: Design/Architectural Guidelines are being developed in conjunction with the Design Review Board and would be included as an appendix to the DZC. ■ City Council Public Hearing on Environmental Document and Zoning Code Amendment Fiscal Impact: Budgeted FY 10/11 F] New Appropriation ❑X Not Applicable Budget Amendment Required r Z U r Q c Q ~ Q Q N = ~1 M LL ai a c N N by L~ m a LE (V w ° U N~ a i) nj ap v LL cr c a) u as - c bn E N :4 N ~ LL cr a) a a) CL a) m E 00 c u E U c a i) N N a) -c a) u aQ a) a) E ° U =3 M a -0 N _O h C7 c a) cMi a) s a, a) u aaQ O C m Z3 v p a1 O n O Z c O _ i' O (D ~p E h O N O N Q Y c p O - p L1 Q h a) O O v p 0 `n a-~ 0 0 a p (1 ns Q ° > 4- a) a+ a) > Y ° p i, r-+ c N a) U ° O c -0 (v ° + Z5 w- O U ~ O O n) O O E c ` v Y f0 t O , .C C N C ~ O + + _ a O O ~ + c + ° 3 a - ~ CL N N Z L c i L j O ~ 1 ' a) n3 ..C 'O L C O - a1 v , O U 0 u u u 'O" V ` Y O N Q a) ,n - W X . 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' j, 03 lJ ns N > is N ' E T t ' = jp cq N Q t0 Fu = ~ O c f0 N n5 a1 Q L o 3 a' O a) c~ c ccc a c-0 aCD c 3 3 a o bo a ~ o c-2 o bA a$ 3 E c a N v Q u E _ - iF. 4 c a) ° V- i) a . a1 o Q c -6 ~ ,N y n3 E O L c w a) 0 . y- Y = c n3 O - c r u (6 a7 v L N a) - E m f0 c c a) ~p a1 f0 fp N v u E c E V R ,n 'O M R S aj 3 a a a N a F- O (A O v a~ m i a a t% v~ 3 o U N N Q u m a N CL c N v p 0 e-i Z a ~ 'O a1 U D N a O bA c a) v O .a O OO H i L z E ° N u N a N O N L Qo `t a)v v E bn L of 7 l N u Q r1i c Y O ? 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Y Y C = N o o aj Y o ° E 'S a, ai > o E . a cu ° o N 0 a N N M vl ~ 07 ° ' Q C m QO O 0 Q -O d L ~ Q L f6 ° > Q a1 O Q L (6 0 L h +L+ w W cu :3 o C T C T E ai w 0 O- u 0 ° ° Q m w 3 N LZ m c E _ v Q o ' ~ N Q 3- -0 b U Q O a4 cu to 'n aj O h _E aj L v aJ N N = L E O v _0 J lb O C o O N aL-+ W C -0 +p-~ A E v O U aj on 0 > M a1 t-. w - ° 'u 4-- i W 'N O o o M Y co c o aj o ° T aj a, ° t E 3 `j i~ E m H C cu aj f6 aj Q ~ _ a0 (6 r6 L U aj r0 > E E ai - L L 'D - U m O aJ = Q O vi o O Q O v + C n' C ti= ° C ° w a) a + N aJ a m u L 0 0 3 " o T Q .p -0 0 0 2 c v v i O s ru v fu L :L, 0 ° m ° v aj of 3 vI - ° di CL) r6 (b w v -a L T L vl Q as E v `n E v v° " =3 M - c CU a O L 2!- ° 0 ° L c m° N 'n Y 0 0 3 m + -0 E ° o 'E Y rz a u j v 6 ° H o° v v v v . a, u v L v c 0 ai v aj O U O V a 0 v * v i a _ > Q+ > aj n o 0 L o o c v m a in > 0 o m L v m TO 3 c - E o L v ° ai -c v~ v v • n C 0' a L (L ai r L L O O F-- f6 N aJ ~ U O o a, o J_+ of ° v E ° > ° v c t a o u O aJ aJ L s N Y ° '0 J <n C cu U U i a1 U o L 0 3 0 u _0 _ ° i v 0 aJ o • o a u o O U aJ N o ° ai -5 -CU -0 a E u L . w O Z m ai L - E "0 O ° = aJ ° o 3 O C: m c6 c cr o m 3 O r-+ ry a Q o = c ~ U O 7 a1 ° O O CL v a1 L vi v L O = v N 0 v- L T N O i-+ L N Y cu L '3 aJ E E o m a (u L -0 Ln + - a `-J :B 3~ c Y° c aj o> 3 s o O - m e 2 ° v v 0 o v° E Q E .0 0 m v a V b n s L ° c ~ Q s 3 ~ ru 3 U E W U -0 ° x H i v> c ° ° U v c 0 v N L v O a j °a + a i 3 E c a-*J v o - E 6 L E V; 0 d4 L 3 ..Q by E a N bA - VI L Q E a1 aJ 0 of c: w cr ui O E N a E 3 C wJ .E- v ai a c ai T 'E v, ra ° c ? v 0 0 - 0- o T U v - -0 a 'n T m ° v E E_ C E is = v E o is 3 E L° is r L o m L 0 as o w C M O v v L O 0 O - ' C O N w - '0 ru w Q C N O aJ N a~ vi C- (v o - Q • C U L m -0 0 U i l O H 3 + N o u c v ¢ v Y u c u m c a ¢ O v° a -0 u ¢ c u ° p c a 0 o o °1 v ~ c Y° 0 a Q c> W U/i - mom J E ul~ i - v + m cn L = Q o 0 O O +m.. ca t v O N N t C O ° C y i h N N p7 > 3 D U N 3 ra -0 U a in H H O 2 6 N a r0 U E n cn W : 0 d a L u -Q O O a Q C H C O Y 4? 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Q n3 F o o m 3 o° 3 Y t t IV ca = v _ p C3) O C: - H co Y O aJ p p (V = = n3 = v- O= w • w n, v o H v m o -0 X a) o = s' z 3 =o a) a Y a) ~ v t a v CU v v u 0 Q 0 3> E , -a :3 a o 0 p m~ 3 T ~ a C188 C3 0 _ u - 40 v v v a _ U) a m y = o Q N Q O' v E L C 41 Y , N ice _ O Y aJ v O Q - p N + V GU c 6 O . _ Q, = N a1 v = > N L v a s qp = N LA cu td V N Y v m 0 C: Q v ns 3 a) + o T m Q Y O + O 4a V 2 - Cr m v 3 U o v CL s aj - o c: a, ^ a 0 3 O v_ ao O Y E C: v t U= p j O v O = a1 p N w U bA U I O Ln O 3 u Q (>o Q a' .yam -a 'y., a) 0 i v Q D O al 4C--. I a) O U p CL N C: :3 N Y O of 0 ° - v [2 C E a1 bA O 'n aJ > a1 a) a1 p N 'U a aJ M S Q. N w v V Y v Q o m - t Y a W a v a c ° ' Q a 44 N O U o ° t Y m = O m a, m v v Q t to t O 2 O 'a ~ v o Y O p O~ a m = n3 C c ~ a -C3 r, , - m L = v Q p v > l m Y a1 " N V C a) v -p i N 0 y, Q E C L a) Q w ' a1 m a to N E L t a 0 v ° N v O. N ' 'a N vi n U a V ~ 'a CL y E„~ V ° O Q a1 O m ° U (Yp = 0 O p U Y F, u U • O U aY' is N N ,ip- -a N + N = Y O v O La N Y O Y _ 13) N ~ i , -t3 " 2 iv., a1 O y O c > aJ H 'p o v U a t~ a a`~ v c z i 4 a v o c a ° c a a O 7 v 'a , v is m a E E i v Y a > N a" i E s 3: E ° E Y ~ os a v V 2 0 N _ O a1 O w U U N aJ -7 C) O a) N K C3, i `ti p f _ O U O_ E L H M U - + O= a 41 w O a• ice C Ql O 3 01 in aJ in _ N 3 3 U o ° E T 3 0 o Q o a a , E v o f6 E > o T h ~ te Y a1 o E m m N C °a v° ns o ° C o > E o M Ln n~ C p o = a Q C - - o ns aJ ¢ a` E - E 2 o L ¢ 0 ~ U v of ~ v co U Vf ¢ c 4 U V ~ a v Q ¢ v~ ~ U U ¢ N C: Q- E v v •U E , 3 v ai > 3 to L ti N U Q O I- w m Q Y to - (6 LL LA m W d i N U m a CL U Ln O Vf aJ 3 y aJ VI /U C N ` / 0) U O a~ U) ; i L L O. i _ U) Q y C \ C O \ `o > L u u O p O ) c C A, W txo m a, d y E \ A~ H 'A 'A m a, M r H Z W U Q c d E U u i s m ~ a ' 0 o a~ H N -C v a) ai dA dA a a Q m L H 0) om. a) E U m .2 ~ a l0 v N u 0) y a Q ~ L Fm- zT cu a N u L rn c i0 i0 a) -6 L -O N O a) a) a, -a =3 w ci a v v 3 ° o o U Q v u c 3 L Q o s co m u o v ° c .r- c v a) m o c O 3 i v Q : a ) a v E ` ° o 3: v a ° c° o - a 0 3 a) 0- c: E lu p t o a N c 3 p m v L aJ c Z O O m O a) m O c c 3 N N p O a) L w c O m v m 0 2 L c L c N cu U M 3 'a m ° _ C O O O ~ N m a) O a-i fd N m Q L GA ° m \ y 'i..' 7 L C O N ' L E L al 3 ° O E LZ _ L x> y,. L X a) a1 v N ' N C + 3 m ° N- o v 3 a c E v' v U > 'p c O H o is c u O H N aL-+ O a) i) i U N= p ) N • a a + > c q a c O O ti w a1i a) N Q Y O L am+ N aJ p ~ N - ' 3 N L (6 O N O i O -p > a a) L " ro E u r- 2 Q U o J E a Q LJ 0 V - O ° v i + + a1 4- O (J v N L m O a) , C - L O -O N C O U v p i N c +N-. -6 a) O N 3 a) L m y -O O_ 3 'C' ~ (o A -p b G v i m N m 3 Q p u c a) > + c c _ L N ° _c v O_ N c Q. c O O N c a) O L a1 p Q- O L L N c N : m p a) 3 N Y - C 'o 2 - C O a) O -o L 41 a) ca Q a-+ iL-+ 0 ° v a) v E u N o O m 3 a) m L M c u- o _0 > a bA - 3 wp a1 c L a al O v- m L L u as c L c O O L Q c Z7 a= - + o c N 3 m cu a -181 m 0- E N • -0 p 0 "6 N C O L N w w = L L c N L yj N c: c N N m aJ c N ) O ^ O N O O 3 vi O O + m N a1 L N E O m ~ Y a ° N Y O. ^ a) 3~ m y a O_ O _o m o m E a) a) _ c m L a m a) cn o c v as E - O v° m o Y ° ' Q 3 v a> L o~ ^ Y u M O + O O O ~O U _ E v p N L ~p L m of a) O 3 G L F m t c U m a) b \ -O _ O_ a m a1 O- O. a) N o .i..' c L 'L .0 O m (U a1 Q a1 3 bA C Q ° ) a M L i C1A V ~ c: w w 5 O CO fl . 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O a) E o a) m r L Q a-+ i c O m Y O a) m 3 a1 N m .Q U U c CL -Q ' v E E L T o C o N o E L d „ a) 3 -o N a) 3 OA a) a1 5 E V L ° Q o a) a o i4 •a0-~ m aJ o > c o 3 O N aJ O pp X m N Q 3 C u o° V c a v s 'c c O ° v m~ N Y 3 m ° c-0 -o -a ° a c L a) Q E E + v v v o o u c m 3 ( v O_ L Q 3> Y m v O_ o t 2 O v 0 v c 3 N N o j c _ Lam, ai a1 V1 a c m 3 c o' B m e • O O - m p O y v- N= N m O v o O N a1 N 0 a-+ N u~ E c E O 41 a) u a m 'O E N Q c v c N ] 3 C m y N v) c a) Q N c O c Q1 N a) O 3 vm- Q a) a1 Q c N N +N+ +O+ a) O_ In L O L p aJ m y a) ' m aL-+ O > c L a) c 3 3- Q o m a°) a' u m o e a; m E 3 N m L + m v N v u a Q~ o m w (u by 3' N C 'o O a) a) ° v) v a) u o o w N ' 3 i E O m c Q. 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Q a) 2 ai ~ a-a ° 3 - s o 0 T 0° <a Q v -g v 3 _ Q 0) , ° CL w t v u o aJ = C: ° O= L m O O o v T N - Y v Z O Y ° m D aJ O ° U i 0 3 -0 m v v i 'O L > E Q Oo aJ Q v+'i O -O v N = i O aT+ _ o "a m Q X v 3 c co ~n v n C s a) V) o w ' u m g + C: m ° ° o v o N ~ a o o Cu o v ai • - -o o oo = -0 0 a~ .r- m a1 CL - aJ T O = _c = M = O 0 c W p m n _ Q p X N (D m O o E m E + a . u 3: O c v a) -0 -0 I m =3 M =3 0) a r = v C) 3 ao 0 0° - = s m c O E= v v v v c v o u= Q o Q a i 0 c = E : Q o s + o c , a v s X v s = v ° a h . 6 * 3 E - v N E °1 CL m m E fo 3 ° 7 v v F > m a i E v -C m a) v - s= s c Q C + 0 tw o v v v a m s v N o Q 4- v ao i ~ 3 * m a ~ o a c Q o v m p c° ° c s bb . o c e - ai a) c C v E s v v n Q o° . = c v _ ai ° v m CL ° C a1 E a1 m W D O O = a Q E O E N aJ u = N a) n ' N a = N = aJ _ > 'Q V a+ a L i u O -O N p N 0 i v m O E s ^ Q) ° O N C: 47 v w n i 3c t p,- OA Q v _ 0 E V E Q 00 a O = 4 X O O al u - V} E -p Q 1 0 O ' v- O s T } i SO .2, v v~ a1 O = m= tO v m Up o v 3 3 v° p ' c° m E E 0 = O Q ow a1 N ~ a i oo N a1 E aJ m N O tw = aJ -Q Q aJ = a N a u ' m O c 0 U • = a1 O t4 O cu u O O > a m = > E T ° s a = O m N to 'a O i c a v v i c a + s ° ° ' c 3 o > o i o 3 Q O cq s E ~ m ~ = o a m _ o > Q = c • Q H = v = t c a _ O N N E av o m 'a i-' v Q m y m v ' ai - n o m T Q v c a v vi ~ p E 0 m a) ..O O Q N t ~ t _ O 'O = 5 v v L ° = V _ 00 • 0 m V) + v- i + a " U U Y 0 0 to m is O = _ cL = w - w N ~ ° E c -0 m L o v o> a) o a E -Q N o t= L oA p v Q - Q ° m y E on = 3 a - E -Q a E E- c _0 _ 2 'co: E ai =3 c: E a) ^ v a c a1 0 a v a M a x v Q Q) c + tin s Q ai = r a c -p v L ~ m -0 E o- E o O b a, F .Q o= u 3 m o v a o v v o o v U 4 N 2 a) > ' O = = m al - -m p o Q L E c- O + + m m u h- m L v v C~ -v O H m s }.r Q = ~/1 i a) v E m m ~ N = N E Q a) a) m N IA N m m = O = a1 a1 ~ U ° ~N ~ m O N - Q t Q _ •N _ • + Q = 2 > C v- O E E = N 3 = N U as D T aJ + m u ? ^ . + m F 'Q " Y L 4 f m > v _ O v > 'Q O - p u m v v E Y 'v m c _ = O = - a c v p v= v o 3 c E O Q = v m> s = v ' " E m 3 = s a T o a ' 'v Q o v w oo o 'v N to U 'u n a o v o o o - v ~ m x N c v ass u vt QQp Q u v- c v- v Q E a p c E ` ° n Q iJ L Q E E Q (1) d a1 m 0 0 ;a m O . . 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Staff requests that each council member review and determine the limitations on location, if any. In order to facilitate this discussion, staff has provided the following list of options based on Council direction and a review of limitations placed on formula businesses, including formula fast food restaurants by other communities. ■ No more than one (1) on a parcel, site or lot. ■ Not located on a street corner, except where the immediate prior use was a formula fast food restaurant. ■ Not within a specific number of feet of another formula fast food restaurant, such as 60 feet, 100 feet, 600 feet, etc. In order to provide some perspective, the typical storefront width on School Street is 30 feet and typical block length on School Street is 200 feet. ■ Not within a specific number of feet of sensitive land uses such as schools, churches, hospitals, and residentially zoned properties (e.g. R1, R2, and R3 zoning districts). ■ Not within a historic district. The City of Ukiah does not have a designated historic district. This could be interpreted as the Historic Design District that has been identified as part of the Design Guidelines being developed for the DZC (see map included as part of this attachment). ■ Not on a city gateway identified on the city's General Plan. State Street and Perkins Street are identified as gateways in the General Plan. ■ Not within a specific zoning district. The DZC includes three zoning districts: the Downtown Core (DC); Urban Center (UQ, and Urban General (GU) (see zoning map on DZC page 9 for the location of each zoning district). ■ Not located in a building that is shared with at least one other business that is a formula fast food restaurant and/or formula retail establishment. ■ Located proximate to freeway access, such as Perkins Street from the eastern boundaries of the DZC to Main Street or the railroad tracks (see zoning map on DZC page 9). Limitation on Number. Some communities limit the number of formula restaurants or businesses city- wide and/or in a given zoning district or other special district (such as a commercial district or historic district). Staff requests that each council member review and determine the limitations on number, if any and has provided the following examples of the limitations enacted in other communities. No more than a specified number within certain zoning districts. No more than a specified number city-wide. ATTACHMENT 3 No more than a specified number city-wide and in specified zoning districts. No more than a specified number of a certain "brand" (such as one Starbucks, one Burger King, etc.). Limitation on Size. Staff requests that each council member review and determine the limitations on size, if any, and has provided the following examples enacted in other communities. ■ Maximum of 2,500 square feet. The size of a formula fast food restaurant depends on the brand and can be as small as 1,000 square feet. The typical square footage for Taco Bell is 2400 square feet while the typical square footage for a McDonald's or Burger King is 4,000 square feet. The size at which a use permit is required by Table 3 is 5,000 or 15,000 square feet depending on the use. ■ Maximum frontage width of 50 feet. In order to provide some perspective, the typical storefront width on School Street is 30 feet. The maximum width of a single fagade in the DZC is 75 feet (see page 38, Table 11). ■ Maximum height of two stories Design and Sign Review. Staff requests that each council member review and determine whether or not design and/or sign review should be required for formula fast food restaurants and has provided the following examples enacted in other communities. ■ Buildings shall be designed so that facades, signs and other appurtenances have an integrated, harmonious and attractively arranged appearance, and in size and manner, which will not adversely affect the appearance of surrounding developments. ■ In place of box-type or internally illuminated signs, the use of halo-lit signs and dye cut metal sign panels with individually illuminated letters or logos, the requirement for alternative materials or lighting solutions, and/or adjustments to the scale of trademarks, logos, or trademarks may be required. ■ No advertising or anything with the corporate logo allowed to be displayed in the windows. ■ No internally illuminated signs allowed. ■ Adjustments to the extent, size, or scale of the color scheme, trademark, service mark, signage and decor/design used throughout the exterior of the establishment may be required in order to mitigate contrasting color schemes and/or to harmonize with the color scheme, trademark, service mark, signage and decor/design of the surrounding neighborhood. ■ Design review required for exterior modifications for a formula fast food restaurant. Additional Requirement. Several communities require a trash removal plan for formula fast food restaurants. Staff requests direction as to whether or not this should be a requirement for formula fast food restaurants. ATTACHMENT 3 Type of Permit. Based on consideration of the limitations above, staff requests that each council member review and determine the type of permit requirement for formula fast food restaurants in each district (Urban General, Urban Center, and Downtown Core). The following types of permit requirements could be considered for regulating formula fast food restaurants. ■ Allow by right in compliance with the limitations determined by Council (no use permit required) ■ Allow with approval of a Major Use Permit (Planning Commission review and approval) ■ Allow with approval of a Minor Use Permit (Zoning Administrator review and approval) ■ Prohibit (as recommended by the Planning Commission) ■ Prohibit and allow with the following exceptions to the definition (exceptions for ice cream shops, coffee houses, bakeries, hot dog stands, or other businesses whose primary function is not the sale of full meals). Findings. Should the Council determine that a Minor or Major Use Permit should be required for formula fast food restaurants, staff has prepared the following possible findings based on a review of findings from other communities that could be required in order approve a Use Permit. The findings required should reflect the limitation(s) placed on the use as well as the purpose(s) of limiting the use. ■ Designed to be pedestrian oriented rather than automobile oriented and to encourage walking within the district. ■ Would not increase the intensity on the site in a manner that adversely affects land uses in the area, pedestrian or motor vehicle traffic, or the public welfare. ■ Would contribute to the creation of a vibrant and desirable living, working, and business environment that is responsive to residents in the surrounding area and city-wide. ■ Would result in a unique retailing personality comprised of mix of businesses ranging from small to medium to large from local to regional to national with a blend of diverse offerings for residents and visitors. ■ Create and promote a thriving and attractive district with retail, merchandising, dining, entertainment and cultural offerings for both residents and visitors that are identifiable with the City of Ukiah. In order to use this finding, what is "identifiable" with Ukiah would need to be explained. ■ Establishing the formula fast food restaurant will not increase the intensity of use on the site to a level that will adversely impact land uses in the area, pedestrian or motor vehicle traffic, or the public welfare. ■ Would be compatible with existing surrounding uses, and has been designed and will be operated in a non-obtrusive manner to preserve the community's distinctive character and ambiance. ■ Would promote a diversity and variety of dining options to serve both residents and visitors. 3 ATTACHMENT 3 ■ Would contribute to an appropriate balance of local, regional, and national based businesses in the community. ■ Would be mutually beneficial to and enhance the economic health of surrounding uses in the district. ■ Would with its design and improvement be consistent with the unique character of the district and would preserve and enhance the character of Ukiah and would preserve the unique visual and shopping appearance of Ukiah for its resident and visitors. ■ Utilizes a unique visual appearance that reflects and compliments the character of the area and does not project an appearance that is the same or similar to the appearance of such businesses in other communities. Purpose Statements. Should the Council choose to place limitations on formula fast food restaurants, purpose statements explaining the reasons for the limitations will be required. Based on the purpose of the DZC, the types of limitations the Council discussed at the July 25th meeting, and a review of ordinances prohibiting or limiting formula businesses that have been adopted by other communities, staff has provided the following sample purpose statements for consideration. To place limitations of formula fast food restaurants to achieve the following objectives: ■ Enhance and not detract from the appeal of the streetscape and overall pedestrian and downtown experience. Mitigate the impact on the unique character in the downtown from businesses that are required to operate in accordance with a standardized plan for such things as architecture, menu offerings, decor, signage, and the like, which if unregulated, could undermine the unique identity of the downtown and increase the pressure to alter historic buildings and decrease the variety of dining offerings in the downtown. At the same time, other areas of the City offer opportunities for auto-oriented, formula fast food restaurants that are more likely to better accommodate their architectural, parking, access, and circulation needs. Promote a blend of unique and diverse dining options for residents and visitors in the downtown area and throughout the City. ■ Advance the long-term health of the City by promoting a blend of unique and diverse commercial offerings for residents and visitors. 4 Perkins Street Section 09272011 J L U 13.5' 13.5' Sidewalk 1 11' Cent Bike Lane Travel Lana Turn ' r Left 11' 5' Lane Travel Lane Bike Lane 13.5' 13.5' Sidewalk I J rn with tree wells or with tree wells or 0 2 r continuous continuous B - ° L planter strip (LID) planter strip (LID) C: o 43' Street Section Curb to Curb Width PAL 70' Right of Way PAL Mason Street Section 0972011 J N O) (6 C O LL P/L ov- r<rgnt or Wray P/L i Findings/preamble for this section of code. The formula restaurant prohibition will fulfill the following goals and policies of the Ukiah General Plan: • 3.02.01 We envision a creative, mixed economy, with both large and small employers, jobs that attract and satisfy our children and citizens, and businesses that retain and create new dollars within the community. o GP-2: Promote business development, emphasizing local ownership of businesses in order to keep capital and growth within the community. • 3.02.05 We envision creative human services and effective public safety. • OC-31: Reverse present deterioration of Valley air quality to maintain agricultural viability and human health • HA-6: Protect the character and architecture of older commercial areas. • CF-9: Promote good personal health • CD-9: Improve and enhance the appearance of downtown Ukiah. o CD-9.1(c): Ensure that new and rebuilt downtown properties maintain the character and sense of place for the downtown area. • ED-1: Support a strong local economy. It will do so by: • Assuring that residents can support new businesses without undermining existing businesses. • Maintaining the unique character of the Ukiah community, the appeal of its commercial district and preventing urban decay • Protecting the community's economic vitality by ensuring a diversity of businesses with sufficient opportunities for independent entrepreneurs • Encouraging businesses with lighter demands on public safety resources and less traffic demand than formula fast food restaurants. • Providinga more level playing field for-locally-owned independent businesses that return more of their revenue to the local economy • Seeking balance in the location and scale of development, as well as the proportion of restaurants that offer healthy foods. a ry i.~~~~~~t#Y.~~WA fi. x.. My proposal is that we adopt planning policies that support local economies. In adopting the new Form Based Zoning the City of Ukiah can expand those building standards into the business community to create a unique, local identity, and a stronger economy. Locally owned businesses reinvest in the local economy at a 60% higher rate than formula chain retailers. City leaders and policy makers can encourage local businesses through zoning and permit procedures, business subsidies, and city purchases. fv rbtw 1 C There is only one economic pie in this regional hub. The argument that Gba*Retail will increase traffic is misguided and false. Economic studies consistently find the presence of non-local businesses have a negative effect on regional incomes. There are many economic studies which amply illustrate these words with facts. There are no credible studies that substantiate the economic or character value of formula chains. Let us not forget the lessons learned at our "Citizen U" economic workshop several years ago. It's frankly astonishing that the merchant groups are willing to see their neighbor coffee shops and restaurants go out of business in favor of owners. If you look at all the desirable cities of the state, country or world, it is the Cities that are keeping the Formula Chains out that are the most prosperous and desirable cities to live in and visit. Why are these communities appealing and different? Because the policy makers realized they had a jewel and acted to protect it. There are other aspects to `Shop Local' besides tax dollars and jobs: consider what drew you in the first place to the neighborhood or city you reside in; what is the type of community you want to live in? Do we want to preserve our community's one-of-a-kind businesses and distinctive character? Are we interested living in a city or town that has-L~ rmvtl,.~_ chains that are run by ever-rotating managers rather than long-time owners who know many customers by name? We will have a stronger local economy for not allowing formula chains into the downtown qt,-4CnC- core. Let them battle it out in Redwood Business Park, or in the Taco Bell neighborhood. With the Post Office and the Courthouse moving and Poma TV the first of a new generation of empty storefronts shaping our downtown; there can be no exceptions in the downtown . gt5~o V i c, 17~ cA- While local public officials, time and again, fall for the temptations and political appeal of they often fail to consider the greater and real losses to the community occur when the local business base is undermined. I humbly submit a simple border to define our downtown "Local Area Zone". Please see the attached map. A Alan Nicholson September 27, 2011