HomeMy WebLinkAboutpcm_01232013 1 UKIAH PLANNING COMMISSION
2 January 23, 2013
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair
7 Kevin Doble
8 Linda Sanders
9 Mike Whetzel
10 Laura Christensen
11
12 STAFF PRESENT OTHERS PRESENT
13 Kim Jordan, Senior Planner Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by
19 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
20 Ukiah, California.
21
22 2. ROLL CALL
23
24 3. PLEDGE OF ALLEGIANCE - Everyone cited.
25
26 Chair Pruden welcomed new Planning Commissioner Laura Christensen.
27
28 Commissioner Christensen introduced herself, provided background information about herself and her
29 interest for wanting to serve as a Planning Commission.
30
31 4. APPROVAL OF MINUTES — The minutes from the December 12, 2012 are included for review
32 and approval.
33
34 Commissioner poble made the following corrections:
35
36 Page 6, lines 22 and 26, change 50-foot clearance to 15-foot clearance.
37
38 Page 9, line 17, change M/S Whetzel/Doble to M/S Doble/Whetzel.
39
40 M/S Sanders/Whetzel to approve the December 12, 2012 minutes, as amended. Motion carried (4-0)
41 with Commissioner Christensen abstaining.
42
43 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
44
45 6. APPEAL PROCESS — Chair Pruden read the appeal process. For matters at this meeting, the
46 final date to appeal is February 4, 2013.
47
48 7. SITE VISIT VERIFICATION - Confirmed by Commission.
49
50 8. VERIFICATION OF NOTICE - Confirmed by staff.
51
52 9. PUBLIC HEARING
53 9A. Pacific Outfitters Landscaping and Parking Plans and Outdoor Sales and Special Events
54 (File No: 09-25-SDP-PC and 12-20-UP-PC), 955 North State Street, APN 002-040-43. Planning
55 Commission and possible action on: 1)the landscaping and parking plans required as a condition
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 1
1 of approval for Site Development Permit #09-25-SDP-PC; 2) request for modifications to the
2 landscaping requirement(s); and 3) a Use Permit to allow outside sales and special events at
3 Pacific Outfitters, 955 North State Street.
4
5 Associate Planner Faso presented the staff report and staff is recommending approval of the Project.
6
7 Commission:
8 • Requested clarification that a lighting plan was required.
9 • Were changes made to the exterior lighting?
10 • Requested clarification the Commission is being asked to review the final landscaping plan and
11 parking plan for phase 3 as part of initial Site Development Permit, File No. 09-28-SDP-PC.
12 • Requested clarification the Planning Commission is also being asked to review the proposed use
13 permit for outdoor sales and special events.
14 • Requested clarification the request for modification to the landscaping requirements would be tied
15 back to the original site development permit.
16
17 Staff:
18 • A lighting plan was originally required for the Project and came as part of the Building Permit for
19 the original Site Development Permit for phase 1.
20 • No changes were made to the exterior lighting. The lighting plan was approved for the original
21 site development permit and found to be in compliance with City standards and the International
22 Dark Sky Association.
23 • Confirmed the Commission is being asked to review the final landscaping plan and parking plan
24 as part of phase 3 of the original site development permit and that modification to the landscaping
25 requirements would be tied to the initial site development permit.
26 • Confirmed in addition to review of the final landscaping plan and parking plan, the Commission is
27 being asked to review the proposed use permit for outdoor sales and special events.
28
29 PUBLIC HEARING OPENED: 6:12 p.m.
30
31 Brad Smith, applicant:
32 • The 14-day notification prior to an event in the parking lot is a problem. As he understands the
33 requirement, notification is necessary when Pacific Outfitters is holding an event in the parking lot
34 so that when people call with questions to the City Planning DepartmenUPolice Department
35 and/or other City departments/officials these departments have the information to confirm the
36 date and time of the event and that it is permitted and appropriately planned for. Is requesting the
37 condition be reworded so that Pacific Outfitters so that the notification is less than 14 days for
38 several reasons. The business does not always know when an event will be occurring. Special
39 events are different because they are planned for in advance and likely advertised. Occasionally,
40 representatives show up unannounced with a trailer to demonstrate a particular product and
41 parking spaces are used for the demonstration. In these cases, there is no time to give proper
42 notification. He has no problem notifying the City about an event, but to place a 14-day
43 notification restriction is a concern and poses a problem for his operation as a retail
44 establishment. Asks that the Planning Commission direct staff to reword and/or modify the
45 condition that 14 days prior to a special event, the applicant must notify the Planning Department
46 in writing of the proposed date(s)and time(s)of the proposed event.
47 • The reason for not having all the dimensions for the parking lot is due to grade/potential ADA
48 issues and other onsite constraints that needed to be worked out with the contractor. The issues
49 concerning the parking lot needed to be worked out before going to the expense of having an
50 engineer draw up the final plans for the parking lot. The first step in this regard was to get
51 Planning Commission approval prior to paying to have plans prepared.
52
53 Commission:
54 • Understands the site plans are not drawn to scale.
55 • Is the 14-day notification requirement a standard condition?
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1 • Understands with the many layoffs in the different departments at City Hall, it makes sense that a
2 reasonable number of days for notification is necessary to ensure all related City departments are
3 properly notified as to then an event is occurring. It may be, however, that a compromise can be
4 made as to a notification time that would be reasonable and appropriate.
5 • Had a policy question regarding the number of events. Attachment 4 of the staff report, Condition
6 of Approval No 3 with regard to `Special Events' states A) Factory demonstrations shall not
7 exceed six time per year and no more than one event per month; B) Parking lot sales shall not
8 exceed six times per year and no more than one event per month; and C) Customer appreciation
9 days shall not exceed six time per year and no more than one event per month and whether
10 these requirements are statutory?
11 • Requested clarification the Planning Commission is not necessarily limiting the number of days,
12 but rather expanding on the original request.
13 • Pointed out Pacific Outfitters parking lot is different from that of Home Depot in terms of what can
14 be done in the parking lot. The location, size and busyness of the street are different.
15 • It is easier to begin with a limit on the number of days that the Planning Commission is okay with
16 taking into consideration traffic and congestion issues and/or other impacts as opposed to having
17 to come back through the process and ask for more days after the project has been approved.
18 • Asked for clarification regarding the language for attachment 4, page 1 of the staff report, line 39,
19 item D.
20 • Wildflowers may be difficult to establish, however once rooted they thrive.
21 • Supports shrubbery in the planters.
22
23 Staff:
24 • Confirmed the 14-day notification requirement to Planning staff is a standard condition that is
25 applied to use permits that have outdoor sales/special events. If the Planning Commission is
26 interested in doing something different, five working days is the minimum number of days to make
27 certain City staff is properly notified that a particular event is occurring.
28 • The requirements are not statutory. The applicant asked for fewer days for events. Staff in the
29 conditions is recommending more days. With regard to evaluating potential traffic and circulation
30 impacts in the parking lot, staff was okay with the different events occurring because they are
31 considered special or occasional and unlikely to impact State Street. Staff is of the opinion the
32 applicant should have a few more events than requested.
33 • Confirmed staff is recommending more days that the applicant requested. This is based on
34 previous Planning Commission decisions that have allowed more days for events, outdoor dining,
35 entertainment and the like.
36 • Line 39 should read, `Only one (1) Special Event may occur at a time.'
37
38 Brad Smith:
39 • Is of the opinion Pacific Outfitters is doing a pretty good job of renovating an old piece of property,
40 including the building.
41 • Has noted since he has been in business, other businesses in the neighborhood on North State
42 Street have also made significant improvements to their properties.
43 • With regard to the various types of events, does not want to take away any more parking than is
44 necessary.
45 • Because the community has treated Pacific OutFitters very well, would like to have special events
46 that include factory demonstrations, parking lot sales, and customer appreciation days in addition
47 to outdoor sales and display uses.
48 • Appreciates staff allowing for special events not to exceed six times per year and no more than
49 one event per month. It is unlikely that his business would have more than six customer
50 appreciation days and appreciates the idea that six would be allowed.
51
52 PUBLIC HEARING CLOSED: 6:22 p.m.
53
54 Commission:
55 • Has no issue with the applicant finishing the landscaping.
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1 • Likes having shrubbery in the planters to meet landscaping standards.
2 • The Flowering Pear is on the City's list for street trees. This type of tree species does very well as
3 street tree. Since the Flowering Pear does well as a street tree, it may be fine with the
4 Commission to possibly consider this tree species for the parking lot and noted the Strawberry
5 Tree has not thrived as well as the Flowering Pear.
6
7 Staff: Pointed out the Flowering Pear is not on the City parking lot tree list and they are being proposed
8 for use in the parking lot.
9
10 PUBLIC HEARING RE-OPENED: 6:27 p.m.
11
12 Brad Smith:
13 • Does not have a problem planting shrubbery.
14 • Has had difficulty with landscaping and getting vegetation to grow in certain areas. Noted the
15 landscaping in the planter areas between Auto Zone and Pacific Outfitters has never done well.
16 He would have to get permission from Auto Zone to plant. Even though Auto Zone and Pacific
17 Outfitters share parking the planter areas are on the Auto Zone property.
18 • Planting wildflowers is a good suggestion.
19
20 Chair Pruden:
21 • In order to get landscaping to grow, the right type of vegetation must be selected.
22 • Year around shrubbery would work. There is a large variety that does well in the community.
23 • Can leave a few suggestions regarding shrubbery with staff. The wildflower concept is only
24 seasonal.
25 • Staff will likely have to check the requirements for landscaping when there is a shared parking
26 agreement.
27
28 Commission consensus:
29 • No problems with the Project findings and conditions of approval for phase 3 of the site
30 development permit as provided for attachments 1 and 2 of the staff report.
31 • Supports the substitution of Flowering Pear for the parking lot tree.
32 • Would like to see Poppies planted in the planter islands with the shrubbery. This would be
33 aesthetically pleasing and in keeping with the outdoor theme of the business as a sporting goods
34 store.
35
36 Commissioner poble:
37 • What City departments need to be notified for events and the reasons why?
38 • Is it possible to give 24-hour notice?Would this be enough time?
39 • While he understands and respects the staff time and inconvenience that is involved in the
40 noticing process, it appears with outdoor sales we are essentially shifting the burden onto the
41 business rather than just handling it at the staff level.
42 • Supports a 24 or 48-hour noticing period so as not to shift the burden onto the business.
43 • A business cannot be jeopardized because sales representatives wishing to do a factory
44 demonstration operate as they do and gives no notice that they are in the area other than just
45 show up in the parking lot.
46 • The focus should be on the business needs and how it can best be accommodated.
47 • A 48-hour noticing period is reasonable to notify staff of a special event.
48
49 Chair Pruden:
50 • Pacific Outfitters is not the only business in town that has special events. If a preference is
51 extended to this business, it must be opened for others. Is of the opinion staff does not have the
52 ability to accommodate a short noticing period for events, particularly if a number of notices
53 comes in.
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Page 4
1 • At least a five-day noticing period needs to be given so City staff can accommodate the
2 businesses having events. It stands to reason that product sales representatives, for instance,
3 should be able to call ahead of time and advise of their arrival.
4
5 Commissioner Whetzel:
6 • To expedite noticing, it may be that businesses can advise City dispatch of an upcoming event
7 and dispatch disburse the necessary information to City departments.
8 • Supports a 48-hour noticing period.
9
10 Staff:
11 • The City often receives complaints and inquiries about events that are occurring.
12 • Typically public works, police, fire and planning need to be notified of an event.
13 • 24-hour notice is not a realistic timeframe. Staff's preference would be five working days.
14 Planning Commission has the ability to modify the condition. A reasonable timeframe is
15 necessary so that such City departments, including police know the event is permitted and do not
16 have to respond by sending an officer/official.
17 • The noticing process involves the staff. If the Use Permit limits the number of events, it is
18 necessary to track the number of events for compliance. If the business notified the City of one
19 event, the City knows that one of six events has occurred.
20 • The problem for the applicant is not being able to control when factory demonstrations will occur.
21
22 Mike Whetrel:
23 • Does not consider`factory demonstrations' to be a special event.
24
25 Staff:
26 • Factory demonstration is considered a special event as part of the use permit and how things are
27 regulated.
28 • There may be a way to determine the staff that needs to receive a notice should the event be
29 happening during the weekend. Proper noticing needs to be at least 48 hours. Is not sure how
30 weekend situations should be handled and this is the reason staff suggested five working days'
31 notice of an event. If a notice comes through on a Friday or Saturday, there is no way the
32 appropriate City departments can be effectively notified.
33
34 Linda Sanders:
35 • Do the businesses on State Street differ from the larger stores that have big parking lots such as
36 Home Depot? Understands the standard noticing time is 14 days. If so, is this standard applied
37 to businesses on our main thoroughfares like State Street and other streets or is there a
38 different requirement for larger big box stores? How long has the City been applying this
39 condition?
40 • Is the notification helpful?
41 • How many businesses along State Street do outdoor sales?
42
43 Staff:
44 • No threshold has been established on which the notice timeframe is based. The noticing
45 requirement began about four years ago as more inquiries and complaints about events were
46 being received. As a result, staff is informed of an event happening, and can check whether or
47 not a business complies with the use permit if there is a use permit and send notice to the police
48 department for appropriate dispatch to whoever might get that phone call so staff can respond to
49 the question. The 14-day noticing standard has been the condition of approval used regardless
50 of where the business is located. There are not many businesses that have re-occurring special
51 events.
52 • Just to have the notification that an event is happening is helpful for informational purposes.
53 • Has no knowledge how many business along State Street actually have outdoor sales events,
54 but it is likely the number is small.
55
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Page 5
1 Chair Pruden:
2 • Does Commissioner Sanders see a timeframe that is reasonable between 14 days and 24 hours?
3
4 Commissioner Sanders:
5 • Foresees some problems with a 24 or 48 hour notice. The information is not going to get
6 distributed to all the appropriate departments when the public and other business may be
7 complaining about an event.
8 • Also, wants to steer away from Monday morning telephone traffic because people are calling the
9 City concerned about one retail business is able to have ongoing outdoor sales events.
10 • City staff needs to have notification for informational purposes why one business is allowed to
11 conduct outdoor sales or some special event.
12 • Has observed the parking lot for Pacific Outfitters is very active.
13 • Does not support reducing the noticing period to less than five days. Is of the opinion five days is
14 a reasonable compromise.
15 • Asked the applicant if there would be outdoor sales or demonstrations of firearms?
16
17 Chair Pruden:
18 • Requested clarification the 14-day notice concerns special events and not outdoor sales
19 according to finding 3C that states, `A condition of approval has been added that 14 days prior to
20 a special event, the applicant shall notify the Planning Department of the date and time of the
21 proposed event.'
22
23 Mike Whetrel:
24 • The City does not have a code enforcement officer so it would likely be the police department that
25 would have the information as to whether or not the event was permitted. If the noticing was 48 or
26 72 hours, it would be the police department who would be doing the checking to see if there was
27 an approved use permit.
28 • Supports a 48 or 72-hour noticing period.
29
30 Chair Pruden:
31 • It has been her experience that when calling about a possible violation regarding a use permit on
32 the weekend, the police department is called out.
33
34 Commissioner Christensen:
35 • Requested clarification about what is being called a `special event' because what likely occurs for
36 a factory demonstration concerning a trailer load of kayaks, for instance is that the trailer is going
37 to be parked in the parking lot. There will be no banners, balloons, bounce house and the like, but
38 rather extra merchandise sitting in the parking lot and is of the opinion this does not constitute a
39 special event.
40 • How should a special event be defined? She sees kayaks out in front of the business all the time.
41
42 Chair Pruden:
43 • It may be the applicant needs to further define what is being called a special event.
44 • Special event needs to be more clearly defined because the project for the proposed use permit
45 is being conditioned as to what is being called a special event as opposed to an outdoor sale or a
46 factory demonstration/workshop. It may be the workshop is the special event.
47
48 Brad Smith:
49 • Sales of firearms are heavily regulated so there would be no display or sales outdoors.
50 • Would like to describe the type of events Pacific Outfitters intends on having. The confusion may
51 be associated with the factory demonstrations/workshops. This is not really considered a special
52 event. While kayaks are displayed/shown on the site, they are moved to different locations such
53 as Lake Mendocino and considered by the City to be outside sales.
54 • A special event for Pacific Outfitters would be an event that is open to the public. Talked about
55 the type of`special events' his other sporting goods store have, such as a snowboarding contest.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 6
1 A parking lot sale with special activities held once or twice a year would be another example of a
2 special event.
3 • Having a product sales representative come by is not a special event either. Product sales
4 representatives come by all the time and sometimes park their vans/trailers onsite to show the
5 product.
6
7 Commission:
8 • Display of products is considered outside sales and not a special event.
9 • An event that involves customer/public participation is typically advertised for and/or promoted.
10 • City hall closes at 5:00 p.m. on Fridays for purposes of noticing events.
11
12 Chris Ostrom of Pacific Outfitters:
13 • His definition of a special event is an event that involves customer/public participation.
14 • Events that involve public participation are generally advertised, but there are times when
15 products sales representatives come with their team riders and trailers that open into a big box
16 for people see and/or to ride on the product, such as a bicycle. Such representatives show up
17 randomly and if you do not invite them to show the product, they simply move on. As such, they
18 have a `take it now or leave iY attitude.
19
20 Brad Smith:
21 • Having a 24 or 48 hour noticing period is reasonable. If, for instance, he was to have a special
22 event and found out on Wednesday and sent an email to the City the event was to be on
23 Saturday that is about a three-day notice. What if he was going to have an event on Sunday and
24 a product representative shows up on Friday to do a demonstration then this would be one
25 working day notice via email. Email is a communication tool that can be used anywhere in the
26 world anytime.
27 • The issue is about the definition of special events versus outside sales.
28
29 Staff:
30 • The distinction between outdoor sales and special events comes from staff. By Code anything
31 that is outside for display or sales requires a use permit and is considered Outside Sales and
32 Display. The conditions of the use permit the business currently operates under prohibit outdoor
33 sales/display. If there is any product outside, it is not allowed unless a use permit is approved so
34 what is trying to be accomplished is to distinguish between the request to have some outside
35 sales every day and as well as other occasional "Special Events." Condition of approval no. 2 for
36 the use permit speaks to the requirements for outdoor sales/display that occurs daily. A special
37 event is that thing or things Pacific Outfitters would like to do occasionally as described in the
38 project description from Pacific Outfitters. It appears the problem is with the factory
39 demonstrations. Staff's concern with regard to a use permit relates to public health and safety.
40 The intent is to provide proper noticing of an event and to use limited staff time wisely.
41 • Referred to the site plan that differentiates areas in the parking lot by various colors depending on
42 the proposed use for that area. Understands the applicant has requested factory demonstrations
43 occur in the pink area. The pink and orange designated areas on the coded map are more
44 concerning to staff because when those spaces get used there is the likelihood of blocking drive
45 aisles that could result in backing up traffic into State Street which could create an unsafe
46 condition for traffic and pedestrians.
47 • It may be possible to have factory demonstration events in the yellow or blue areas because
48 these areas are further away from the areas of concern. If the Commission agrees, the
49 Commission would need to determine the timing of notification of staff for these events. The
50 Planning Department needs to track these notifications for use permit compliance. The Police
51 Department needs to be notified because people do call the police to find out of this type of event
52 is approved, especially if it affects traffic. Notification of the police allows dispatch to inform the
53 caller that the use is allowed and prevents the need to send an officer. This is particularly
54 important on weekends when City Hall is closed and the only staff that can be reached by the
55 public is the Police Department. With limited staff resources, this can be an effective use of staff
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 7
1 time with limited imposition on the business owner. It may be possible for Planning Commission
2 can find a compromise to appropriately address the safety concerns and the needs of the
3 business.
4
5 Commissioner Christensen:
6 • Supports a notification period of somewhere between 48 hours and five days for a special event.
7 • Agrees when a special event is planned it is typically advertised for so that people will show up
8 such that more than 24-hours advance notification is necessary. It stands to reason then if the
9 event is planned and advertised, the City needs to be notified more than 24 hours in advance.
10
11 Chair Pruden:
12 • Is of the opinion City staff needs five working days notification and understands the difficulty on
13 the part of City staff of being able to get things done in a short timeframe.
14 • Staff has asked for 14 days notification and five days is more than a reasonable compromise.
15
16 Commissioner Whetzel:
17 • Can see where Pacific OutFitters may need to advertise for an event and plan ahead for it.
18 • Does not see a factory demonstration as a special event. It is related to outdoor sales.
19 • The use permit would have to be changed to distinguish factory demonstrations as being a
20 special event and separate this from the other use permit conditions.
21 • Special events are planned in advance, so City staff would be notified as soon as the applicant
22 plans and schedules the event.
23 • Factory demonstrations are not typically planned in advance and are typically seasonal.
24
25 Chair Pruden:
26 • Use Permit would allow Pacific Outfitters to conduct outdoor sales on a daily basis.
27
28 Commissioner poble:
29 • There is likely an opportunity to rearrange things to satisfy applicant and staff concerns by
30 possibly separating factory demonstrations from being a special event. The applicant is not
31 permitted to do outdoor sales of this type every day because only one parking space can be
32 used. To this end, Pacific Outfitters cannot use those other areas in the parking lot for that type of
33 activity; therefore, it has become apparent about the need to distinguish between factory
34 demonstrations and other special events by classifying factory demonstrations as outdoor sales.
35 • Factory demonstrations appear to be a very `clear-cut' activity where products sales
36 representatives come by on short notice whereas a parking lot sale would be advertised.
37 • Referred to attachment 4, item 3A that reads, `Factory demonstrations shall not exceed six times
38 per year and no more than one event per month,' and asked if this condition can be separated out
39 from a special event and require a 48-hour notice.
40 • May support rearranging where factory demonstrations can occur in the parking lot to make
41 certain congestion in the parking lot does not become an issue.
42 • Proposes to modify the location within the parking area that a factory demonstration should occur
43 and require a 48-hour notice.
44
45 Brad Smith:
46 • Factory demonstration is the event most likely to occur and is typically seasonal.
47 • It may take a day and a half to unload products so this is not really a sales event but rather
48 obtaining merchandise for eventual sale.
49 • Product sales representatives are an issue. Pacific Outfitters does not control the factory and
50 uses this term because there are also distributors. Factories have their own schedule of which
51 Pacific Outfitters has no control. Sometimes factory demonstrations pile up all on the same day
52 or, they come seasonally. They park next to each other on the days more than one representative
53 comes. As such, the representatives are typically gone by the second day.
54 • A special event is one where the public attends/participates. He has control over these types of
55 events.
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Page 8
1 Staff:
2 • Delivering products to a store is not an event.
3 • Factory demonstration is a special event and should not be separated out as part of outdoor
4 sales.
5 • The parking lot sales and customer appreciation days do not seem to be an issue.
6 • Staff needs to be clear about the business needs related to factory demonstrations. Asked the
7 applicant about the worst case scenario that could occur with regard to factory demonstrations
8 and how many parking spaces would be needed.
9 • Asked applicant where factory demonstrations should be located referring to the colored areas on
10 the plans submitted by the applicant. Is asking the question because outdoor sales that occur
11 daily will take up one of the yellow spaces and this is where the factory demonstrations occur the
12 way the conditions are written.
13 • Related to parking and compliance with the use permit, staff would be okay with factory
14 demonstrations taking up two yellow spaces or all of the designated blue spaces instead of the
15 pink or orange designated spaces because this is a safer situation and less likely that complaints
16 would be received.
17 • Additionally, staff would be comfortable if there is a way for Pacific Outfitters to notify planning
18 and police even within 24 or 48 hours if the information is given to the right persons. It is
19 important to use limited staff resources wisely.
20 • It is really not possible to regulate factory demonstrations by season. For purposes of Planning
21 Commission decision making could say factory demonstrations occur on average two times a
22 month with maybe one month having four demonstrations and another month having none.
23
24 Brad Smith:
25 • Worst case scenario would be the need for three parking spaces to accommodate factory
26 demonstrations.
27 • Does not have a problem with having no factory demonstrations in the designated pink area.
28
29 There was further staff/Commission discussion regarding the different events Pacific Outfitters has, the
30 number of events anticipated and how to treat factory demonstrations, parking lot sales and customer
31 appreciation days in terms proper noticing and compliance with the use permit conditions of approval, and
32 the Commission:
33 • With the exception of 3A of attachment 4 and the 14 day noticing period that would affect 3A, is
34 fine with special events being noticed 14 days with the exception of factory demonstrations.
35 • Is okay with staff's recommendation that factory demonstrations be conducted either in the blue
36 area or the yellow area as provided for on the coded map for a total of four spaces such that one
37 space could be used every day and no more than four spaces can be used in the yellow and/or
38 the blue area because the business must provide adequate parking.
39 • Supports that factory demonstrations not exceed 24 times per year.
40 • Supports crafting a new condition #3 that special events include factory demonstrations, parking
41 lot sales and customer appreciation days.
42 • Supports renumbering and provide for condition #4 that separates out factory demonstrations
43 from parking lot sales and customer appreciation and more appropriately defines what should
44 occur for just parking lot sales and customer appreciation days.
45 • Supports with regard to new condition of approval #3 that only one special event can occur at a
46 time.
47 • Supports separating out factory demonstrations from parking lot sales and customer appreciation
48 days and create a new condition with specific requirements.
49 • Supports outside sales/display and special events that include factory demonstrations are
50 prohibited in the pink area.
51 • More appropriately define use permit finding 3C by modifying the language to reflect a condition
52 of approval has been added that 14 days prior to a parking lot sale or customer appreciation day
53 special event that proper notification to the Planning Department be given and add a new finding
54 that a condition of approval has been added that 48 hours prior to a factory demonstration special
55 event the applicant gives proper notification to the Planning Department.
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Page 9
1 Benj Thomas:
2 • Expressed his appreciation for Senior Planner Jordan and the Planning Commission for their
3 willingness to be flexible with meeting the needs of the applicant.
4 • We do not want to be in a position of inhibiting sales and is confident the Commission is moving
5 to a position where this will not occur.
6 • With regard to the application process and scheduling a special event supports that more of the
7 work that has to be done to approve special events be something the applicant is responsible for
8 doing so as to effectively be able to streamline the process.
9 • The City Planning Department has done a wonderful job with examining/evaluating projects and
10 helping to streamline processes to benefit applicants and hopes this will continue.
11 PUBLIC HEARING CLOSED: 7:18 p.m.
12
13 Commission consensus:
14 • No change to Attachments 1 and 2 regarding the final parking and landscaping plan as required
15 for condition compliance of Site Development Permit 09-25 as part of phase 3 of the Project.
16 Planning Commission approved a substitution of species for the parking lot to Flowering Pear
17 based on information provided by staff in the staff report regarding landscaping.
18 • Planning Commission made the following modifications/additions to Attachment 4 for the use
19 permit conditions of approval based on the discussions above:
20 ■ No change to condition of approval no. 2
21 ■ Create new condition (This will be condition #3) to define Special Events: Special events
22 are limited to Factory Demonstrations, Parking Lot Sales, and Customer Appreciation
23 Days as described in the Project Description.'
24 ■ Modify existing Condition of Approval No. 3 and renumber to reads, `Parking Lot Sales
25 and Customer Appreciation Days are subject to the following requirements:
26 A. Parking lot sales shall not exceed six times per year and no more than one event per
27 month.
28 B. Customer appreciation days shall not exceed six times per year no more than one
29 event per month.
30 C. Parking Lot Sales and Customer Appreciation Days are limited to the location shown
31 on the approved plans for the applicable type of Special Event.
32 D. The Parking Lot Sale/Customer Appreciation Day may only occur within the parking
33 spaces shown on the approved plan. No encroachment into landscaping, drive
34 aisles, backup space, or other parking spaces is allowed.
35 E. All items shall be removed from the parking area and located indoors overnight.
36 F. Overnight storage is prohibited.
37 G. Fourteen days prior to a special event the applicant shall notify the Planning
38 Department in writing of the proposed date(s) and time(s) of the event. Email
39 notification is adequate.
40 • Renumber condition 3D 'Only one special event is allowed to occur at a time.'
41 ■ Add new condition from Planning Commission and renumber that reads, `Factory
42 Demonstrations are subject to the following requirements:
43 A. Factory demonstrations shall not exceed 24 times per year.
44 B. Factory Demonstrations are limited to a maximum of 4 parking spaces. The parking
45 spaces used shall be the parking spaces identified as yellow or blue parking spaces
46 on the approved plans. No factory demonstrations shall be located in the pink area.
47 C. Only the location identified in condition #B for this item shall be used. No
48 encroachment into landscaping, drive aisles, backup space, or other parking spaces
49 is allowed.
50 D. All items shall be removed from the parking area and located indoors overnight.
51 E. Overnight storage is prohibited.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
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1 F. Forty-eight hours prior to a Factory Demonstration, the Planning Department and
2 Police Departments shall be notified in writing of the date(s) and time(s) of the event.
3 Email notification is adequate.
4 ■ Add new condition from Planning Commission and renumber that reads, `Outside
5 sales/display and Special Events (including Factory Demonstrations) are prohibited in the
6 pink area as identified on the approved plans.
7 • Planning Commission made the following modifications/additions to Attachment 3 of the Use
8 Permit findings based on the discussions above:
9 • Modify 3C to read, `A condition of approval has been added that 14 days prior to a
10 special event, the applicant shall notify the Planning Department of the date and time of
11 the proposed event.
12 ■ Add a new finding and renumber that reads, `A condition of approval has been added that
13 48 hours prior to a Factory Demonstration special event, the applicant shall notify the
14 Planning Department of the date and time of the proposed event.
15
16 M/S Whetzel/Doble to approve Pacific Outfitters Landscaping and Parking Plans and Outdoor Sales and
17 Special Events File No. 09-25-SDP-PC and 12-20-UP-PC with Findings 1-2 (attachment 1) and
18 Conditions of Approval 1-5 (attachment 2) for the final parking and landscaping plan required for
19 compliance with the Development Permit for phase 3 and Findings 1-3 (attachment 3) and Conditions of
20 Approval 1-17 (attachment 4) for the use permit to allow outside sales and display, yard sales, customer
21 appreciation days and factory demonstrations with the modifications and additions as discussed above.
22 Motion carried (5-0).
23 ATTACHMENT 1
24
25
26 SITE DEVELOPMENT PERMIT FINDINGS
27 FOR FINAL PARKING AND LANDSCAPING PLAN AS REQUIRED FOR CONDITION COMPLIANCE
28 OF SITE DEVELOPMENT PERMIT 09-25
29 955 NORTH STATE STREET, APN 002-040-43
30 FILE NO: 09-25-SDP-PC
31 AT 955 NORTH STATE STREET, APN 002-040-43
32 FILE NO: 09-25-SDP-PC
33
34 The following findings are supported by and based on information contained in this staff report, the
35 application materials and documentation, and the public record.
36
37 1. The location, size, and intensity of the proposed project will not create a hazardous or
38 inconvenient vehicular or pedestrian traffic pattern and the accessibility of off-street parking areas
39 and the relation of parking areas with respect to traffic on adjacent streets will not create a
40 hazardous or inconvenient condition to adjacent or surrounding uses based on the following:
41
42 A. The Project includes the paving and striping of the existing parking facility and the
43 installation of landscape planters with trees. The parking facility would not be expanded.
44 B. Conditions of approval have been applied requiring: 1) parking plan to be submitted with
45 the grading plan that complies with the zoning ordinance requirements for parking
46 facilities; 2) planting of shrubs and ground cover in the landscaping planters; and 3)
47 limiting location of outdoor sales/display and special events to parking spaces only(no
48 encroachment into backup space or drive aisles
49 C. The proposed improvements with the conditions of approval would not create hazardous
50 or inconvenient vehicular or pedestrian traffic pattern or change the pedestrian circulation
51 or traffic circulation.
52
53 2. Sufficient landscaped areas have been reserved for purposes of separating or screening the
54 proposed structure(s)from the street and adjoining building sites, and breaking up and screening
55 large expanses of paved areas based on the following:
56
MINUTES OF THE PLANNING COMMISSION January 23, 2013
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1 A. The site is currently developed and a shared parking plan was previously approved by
2 Planning Commission.
3 B. The existing development and previous parking plan limit the opportunities for additional
4 landscaping.
5 C. The plans include new parking lot trees and conditions of approval have been included
6 requiring shrubs and ground cover to be planted in the planter islands.
7
8 ATTACHMENT 2
9
10
11 SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL
12 FOR FINAL PARKING AND LANDSCAPING PLAN AS REQUIRED FOR CONDITION COMPLIANCE
13 OF THE SITE DEVELOPMENT PERMIT
14 955 NORTH STATE STREET, APN 002-040-43
15 FILE NO: 09-25-SDP-PC
16
17
18 1. Approval is granted for the Final Parking and Landscaping plan submitted to the Planning
19 Department and date stamped December 17, 2012 except as modified by the following conditions
20 of approval.
21
22 2. Plans submitted for building permit shall include the following and are subject to staff review and
23 approval:
24
25 A. Plans drawn to scale.
26 B. Landscaping plan, including the size, species, and location of trees, shrubs, and groundcover
27 to be installed. Trees shall be a minimum of#15 and shrubs a minimum of 5 gallon.
28 C. Irrigation plan.
29 D. Parking stalls, drive aisles and back up space that comply with zoning ordinance
30 requirements.
31
32 3. Prior to commencement of any activities included in this Use Permit, the applicant shall pay all
33 fees associated with this permit.
34
35 4. Prior to issuance of any building, grading or other permits for this property, the applicant shall pay
36 all fees associated with this permit.
37
38 From the Buildinq Official
39
40 5. A building permit and improvement plans shall be require for installation of the parking lot and the
41 additional landscape planters.
42 ATTACHMENT 3
43
44
45 USE PERMIT FINDINGS TO ALLOW OUTSIDE SALES AND DISPLAY, YARD SALES, CUSTOMER
46 APPRICIATION DAYS AND FACTORY DEMOSTRATIONS
47 AT 955 NORTH STATE STREET, APN 002-040-43
48 FILE NO: 12-20-UP-PC
49
50 The following findings are supported by and based on information contained in this staff report, the
51 application materials and documentation, and the public record.
52
53 1. The proposed project is consistent with the General Plan as described under General Plan in the
54 staff report.
55
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 12
1 2. The project is consistent with the Zoning Ordnance as described in Table 2 of the staff report.
2
3 3. The project will not be detrimental to the public's health , safety and general welfare based on the
4 following:
5
6 A. The Project provides 26 parking spaces plus 16 spaces shared with the site to the north. The
7 daily outside display of items would only take up one parking space. During special events
8 (customer appreciation, parking lots sales, manufacturer demonstrations), a maximum of 4
9 spaces would be used leaving 22 spaces available for customer and employee parking.
10 B. The proposed outside sales and special events would be ancillary to the existing retail use of
11 the site. Conditions of approval have been included to ensure that the outdoor sales and
12 special events remain ancillary.
13 C. A condition of approval has been added that 14 days prior to a Customer Appreciation Day or
14 Parking Lot Sale special event, the applicant shall notify the Planning Department of the date
15 and time of the proposed event.
16 D. A condition of approval has been added that 48 hours prior to a Factory Demonstration
17 special event, the applicant shall notify the Planning Department and Police Department of
18 the date and time of the proposed event. (From the Planning Commission)
19 E. The project has been reviewed by the Fire Marshal, Police Department, Building Official, and
20 Public Works. Conditions of approval from reviewing departments have been applied to the
21 Project.
22 F. The project is required to comply with all federal, state and local laws.
23
24
25 ATTACHMENT 4
26
27
28 USE PERMIT CONDITIONS OF APPROVAL TO ALLOW OUTSIDE SALES AND DISPLAY,YARD
29 SALES, CUSTOMER APPRICIATION DAYS AND FACTORY DEMOSTRATIONS
30 AT 955 NORTH STATE STREET, APN 002-040-43
31 FILE NO: 12-20-UP-PC
32
33 1. Approval is granted to allow outside sales and display, yard sales, customer appreciation days
34 and factory demonstrations as described in the project description and date stamped October 16,
35 2012, November 2, 2012, November 14, 2012 and December 1, 2012 submitted to the Planning
36 and Community Development Department, except as modified by the following conditions of
37 approval.
38
39 2. Outdoor sales/display are subject to the following requirements:
40
41 A. Days and hours shall be the same as the days and hours of operation for the retail
42 establishment.
43 B. Display/sales of canoes, kayaks, and other similar larger merchandise sold by the business
44 are allowed.
45 C. No more than one (1) parking space shown in yellow on the approved plans shall be used for
46 outdoor sales/display.
47 D. All items shall be located within the parking space identified in condition #2C above and shall
48 not encroach into landscaping, drive aisles, backup space, or other parking spaces.
49 E. All items shall be removed from the parking area and located indoors overnight.
50 F. Overnight storage is prohibited.
51
52 3. Special Events are limited to Factory Demonstrations, Parking Lot Sales, and Customer
53 Appreciation Days as described in the Project Description.
54
55 4. Parking Lot Sales and Customer Appreciation Days are subject to the following requirements:
56
MINUTES OF THE PLANNING COMMISSION January 23, 2013
Page 13
1 A. Parking Lot Sales shall not exceed 6 times per year and no more than one event per month.
2 B. Customer Appreciation Days shall not exceed 6 times per year and no more than one event
3 per month.
4 C. Parking Lot Sales and Customer Appreciation Days are limited to the location shown on the
5 approved plans for the applicable type of Special Event.
6 D. The Parking Lot Sale/Customer Appreciation Day is allowed only within the parking spaces
7 shown on the approved plan. No encroachment into landscaping, drive aisles, backup space,
8 or other parking spaces is allowed.
9 E. All items shall be removed from the parking area and located indoors overnight.
10 F. Overnight storage is prohibited.
11 G. Fourteen days prior to a Parking Lot Sale/Customer Appreciation Day, the applicant shall
12 notify the Planning Department in writing of the proposed date(s) and time(s) of the event.
13 Email notification is adequate.
14
15 5. Outdoor display/sales as allowed in condition #2 above are allowed on the same day as the
16 Special Events allowed in condition#3 above.
17
18 6. Outside storage of inerchandise is prohibited.
19
20 7. Only one (1) Special Event allowed by condition #3 is allowed to occur at a time.
21
22 8. To ensure adequate and easily accessible parking for customers, all employees shall park at the
23 rear of the building.
24
25 9. Prior to commencement of any activities included in this Use Permit, the applicant shall pay all
26 fees associated with this permit.
27
28 10. Prior to issuance of any building, grading or other permits for this property, the applicant shall pay
29 all fees associated with this permit.
30
31 From the Planning Commission
32
33 11. Factory Demonstrations are subject to the following requirements:
34
35 A. Factory Demonstrations shall not exceed 24 times per year.
36 B. Factory Demonstrations are limited to a maximum of 4 parking spaces. The parking spaces
37 used shall be the parking spaces identified as yellow or blue parking spaces on the approved
38 plans. No factory demonstrations shall be located in the pink or orange area.
39 C. Only the location identified in condition #11 B shall be used. No encroachment into
40 landscaping, drive aisles, backup space, or other parking spaces is allowed.
41 D. All items shall be removed from the parking area and located indoors overnight.
42 E. Overnight storage is prohibited.
43 F. The Planning Department and Police Departments shall be notified in writing of the date(s)
44 and time(s)of the event. Email notification is adequate.
45
46 12. Outside sales/display and Special Events (including Factory Demonstrations) are prohibited in the
47 pink and orange areas shown on the approved plans.
48
49 Standard Conditions
50
51 13. Business operations shall not commence until all permits required for the approved use, including
52 but not limited to business license, tenant improvement building permit, have been applied for
53 and issued/finaled.
54
55 14. No permit or entitlement shall be deemed effective unless and until all fees and charges
56 applicable to this application and these conditions of approval have been paid in full.
MINUTES OF THE PLANNING COMMISSION January 23, 2013
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1
2 15. The property owner shall obtain and maintain any permit or approval required by law, regulation,
3 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
4 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
5 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
6 and issued.
7
8 16. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
9 future purchaser, tenant, or other party of interest.
10
11 17. All conditions of approval that do not contain specific completion periods shall be completed prior
12 to building permit final.
13
14 18. This Use Permit may be revoked through the City's revocation process if the approved project
15 related to this Permit is not being conducted in compliance with these stipulations and conditions
16 of approval; or if the project is not established within two years of the effective date of this
17 approval; or if the established use for which the permit was granted has ceased or has been
18 suspended for 24 consecutive months.
19
20 19. Except as otherwise specifically noted, the use permit shall be granted only for the specific
21 purposes stated in the action approving the Use Permit and shall not be construed as eliminating
22 or modifying any building, use, or zone requirements except to such specific purposes.
23
24 20. This approval is contingent upon agreement of the applicant and property owner and their agents,
25 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
26 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
27 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
28 aside, void or annul the approval of this application. This indemnification shall include, but not be
29 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
30 by any person or entity, including the applicant, arising out of or in connection with the City's
31 action on this application, whether or not there is concurrent passive or active negligence on the
32 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
33 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
34 remain in full force and effect.
35
36 10. PLANNING DIRECTOR'S REPORT
37 Senior Planner Jordan reported:
38 • There will be no Planning Commission meeting on February 13.
39 • It appears the draft EIR for Costco will be published January 30. The intent is get the document
40 delivered to Planning Commission on February 1.
41 • The public hearing on the DEIR is planned for February 27.
42
43 11. PLANNING COMMISSIONERS' REPORT
44 Commissioner Whetzel reported the Ukiah Airport Day will be held June 1, 2013.
45
46 Chair Pruden reported three Pistachio trees have been lost to a disease in the Downtown and she is
47 working with the Public Works Department to get these trees replaced by March. When there is a
48 disease, the same species cannot be used for replacement. Releaf is donating the trees. Releaf is also
49 working with the City Parks and Recreation Department for more trees in the City Park. A Chinese New
50 Year celebration will be held in February in the Downtown. This year will be the `year of the snake.'
51
52 12. ADJOURNMENT
53 There being no further business, the meeting adjourned at 8:12 p.m.
54
55
56 Cathy Elawadly, Recording Secretary
MINUTES OF THE PLANNING COMMISSION January 23, 2013
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