HomeMy WebLinkAbout2011-08-22 CC MinutesCITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
e 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 o the boundaries an
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-: 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).
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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 i
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).
Tastinq 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 lienear feet A(5).
By consensus, City Council supports store fronts of 75 feet instead of 100 feet in the
foot notes.
Parkinq 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 ru s/Drive-ups
Hold this item for the formula fast food discussion.
Prohibited Uses
By consensus, City Council agrees with staffs 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
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-nd-abutting-the-indoor-restaurant-which-operate
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. j
2. Number of sidewalk cafes. An 'nrdnnr resta grant may operate only one }
sidewalk n^f6 and Each cafe shall be confined to a single defined location E
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 and or as needed to meet ADA requirements not less than eight
nnnsenuhive feet of sirle.AielL ~Aiirlth at every nnint shall he kept olear and
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 &W comprising a sidewalk cafe shall be situated in
a safe fashion "e+ h°nL nn4 leas than 7 feet f ern an ..,,rho 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 er diminish 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 require by e 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
caf " .
Okay.
he side\AI.AIL e"~fc ie sit aced immediately adjacent to and abutting the
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inde st iFant Whinh pFevides i with feed and beverage seFViGe.
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 ,.,i+►, Disposable utensils, glasses, napkins, and
plates, ^^ndimep+° and the like is are prohibited.
G. All eexte * SFrfases w}th in the n°f° shall be-en°s,~vieanable and shall
he kept Glean at a" toes by the peFn;i+tee 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 storage 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.
f. 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.
ByConsensus, City-Courrcil-approves--aliow ,es-uwby-right-w
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 sup op its leav -bothan the circulation map-and no change to text.
Frontaae Reauirements - 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.
a
~rl - 0~ 0,(J f-1- .
J nne M. Currie, City Clerk
Page 9 of 9 8/22/2011
Charley Stump
From:
Sent:,E
To:
Subject:
FYI re sidewalk cafes,
MAL
Mary Anne Landis <malandis@pacific.net>
Monday, August 22, 20113:28 PM
Kim Jordan; Charley Stump
Fwd: Re: sidewalk cafe standards
Original Message
Subject:Re: sidewalk cafe standards
Date:Mon, 22 Aug 2011 15:21:56 -0700
From:Craig Strattman <craig3(a@pacific.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. 50s of the sidewalk should be based on-ADA requirements (50a 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 .
ti
> 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://citVofukiah.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 Stum
From:, Mary-Anne Landis <malandis@pacific.net>
Sent: Monday, August 22, 2011 1:59 PM
To: Kim Jordan; Charley Stump
Subject: Fwd: RE: sidewalk cafe standards
FYI,
MAL
Original Message
Subject:R& sidewalk cafe standards
Date:Mon, 22 Aug 201112:21:46 -0700
From:Zach Schat <zach ,schats.com>
To:'Mary Anne Landis' <malandisna pacific.net>
Hello Mary Anne,
Thank you for inviting my comments. I'm going to try and make the meeting
tonight if I can. In regards to Sidewalk Cafe' 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 cafe" if
there is not enough sidewalk width to allow enough seating to make an
impact. Sidewalk cafe 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 cafe
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 ilnne,
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 lode.
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