HomeMy WebLinkAboutpcm_03272013 1 UKIAH PLANNING COMMISSION
2 March 27, 2013
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Kevin Doble Judy Pruden, Chair
7 Linda Sanders
8 Mike Whetzel
9 Laura Christensen
10
11 STAFF PRESENT OTHERS PRESENT
12 Kim Jordan, Senior Planner Listed below, Respectively
13 Jennifer Faso, Associate Planner
14 Cathy Elawadly, Recording Secretary
15
16 1. CALL TO ORDER
17 The regular meeting of the City of Ukiah Planning Commission was called to order by
18 Vice Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary
19 Avenue, Ukiah, California.
20
21 2. ROLL CALL
22
23 3. PLEDGE OF ALLEGIANCE - Everyone cited.
24
25 4. APPROVAL OF MINUTES —The minutes from the January 23, 2013 and February 27, 2013 are
26 included for review and approval.
27
28 M/S Sanders/Doble to approve the January 23, 2013 and February 27, 2013 minutes, as submitted.
29 Motion carried (4-0)with Chair Pruden absent.
30
31 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
32
33 6. APPEAL PROCESS—Vice Chair Whetzel read the appeal process. For matters at this meeting,
34 the final date to appeal is April 8, 2013.
35
36 7. SITE VISIT VERIFICATION - Confirmed by Commission.
37
38 8. VERIFICATION OF NOTICE - Confirmed by staff.
39
40 9. PUBLIC HEARING
41 9A. Pit Stop Use Permit Amendment and Outdoor Sales/Display, 777 South State Street, APN
42 003-050-47 (File No: 13-01-UP-PC). Planning commission consideration and possible action to
43 amend the current Use Permit allowing an oil change business to also include: 1) minor vehicle
44 maintenance; 2) sales of tires, wheels, rims and truck accessories; and 3) outdoor sales and
45 display at 777 South State Street.
46
47 Associate Planner Faso: Presented the staff report.
48
49 Commissioner Sanders:
50 • Related to parking spaces 4 and 5 there appears to be a conflict with information submitted by
51 the applicant received on March 6, 2013 and requested clarification whether the applicant intends
52 to conduct oil changes in these spaces or is this area to be kept clear of vehicles?
53 • Related to the site plan asked where the bike rack will be located of if a location has yet been
54 identified?
55
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 1
1 Staff:
2 • To clarify, spaces 4 and 5 will be kept free of vehicles and would not be used for oil changes or
3 parking.
4 The location for the bike rack has not been finalized. Condition of Approval 8 requires that prior
5 to issuance of the business license, the required bike rack must be installed.
6 • The Commission may have a suggestion or a preference where the bike rack should be located
7 or this can be discussed with the applicant.
8
9 Commissioner Christensen:
10 • Questioned the reason a bike rack is required for an oil change business?
11
12 Staff: Employees may want to bike to work and is a project requirement. The intent is to
13 encourage/promote walkability and bicycling whenever possible.
14
15 PUBLIC HEARING OPENED: 6:08 p.m.
16
17 PUBLIC HEARING CLOSED: 6:08 p.m.
18
19 Commissioner Sanders:
20 • Referred to Condition of Approval 12 as it relates to storage of tires and asked about the
21 procedure and how often the old/used/waste tires will be hauled away.
22
23 PUBLIC HEARING RE-OPENED: 6:10 p.m.
24
25 Justin Pryse, Business Owner and applicant:
26 • Recycling of the tires is done regularly and explained the procedure.
27 • Preference for the bike rack is in front of the fenced-in area to the north of the building and
28 showed the location on the site plan.
29
30 Commissioner Whetzel:
31 • Added the process of recycling old/used tires is heavily regulated by the State.
32
33 Commissioner poble:
34 • Commended the applicant on the building aesthetics and likes what has been done.
35
36 PUBLIC HEARING CLOSED: 6:12 p.m.
37
38 M/S Doble/Sanders to approve Pit Stop Use Permit Amendment to allow 1). Sale and installation of tire,
39 wheels and rims. 2). Minor auto maintenance and 3). Outdoor sales and display
40 File No: 13-01-UP-PC with Findings 1-7 and Conditions of Approval 1-22. Motion carried 4-0 with Chair
41 Pruden absent.
42
43 USE PERMIT FINDINGS TO ALLOW
44 AN AMENDMENT TO USE PERMIT 11-08-UP-PC TO ALLOW THE SALE AND INSTALLATION OF
45 TIRES, MINOR AUTO MAINTENANCE AND INSTALLATION OF CAR AND TRUCK ASSESSORICES
46 777 SOUTH STREET, APN 003-050-47
47 FILE NO: 13-01-UPA-PC
48
49 The following findings are supported by and based on information contained in this staff report, the
50 application materials and documentation, and the public record.
51
52 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
53 Plan as described in the staff report and Table 1.
54
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 2
1 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in
2 Table 2 of the staff report.
3
4 3. The proposed project, as conditioned, is consistent with the purpose and applicable requirements
5 of the zoning district based on the following:
6 A. With an approved use permit amendment the proposed project is a permitted use within
7 the C-1 zoning designation.
8 B. The project meets the intent of this zoning district in that the automobile service business
9 will provide commercial opportunities along South State Street which is the primary North
10 - South transportation corridor within the City.
11 C. The proposed project meets the parking requirements of the zoning code in that the
12 project will provide eight (8)vehicle parking spaces and one bicycle rack.
13
14 4. The proposed project, as conditioned, is consistent with the Airport Compatibility requirements for
15 the B1 zone based on the following:
16 A. The automobile service business will be similar to a low intensity retail business in that
17 there will only be 3-4 employees on the site at a time and given that there are only three
18 auto lifts the number of vehicles and customers will also limited.
19 B. The anticipated number of people on the site is 10. This includes four employees and
20 customers. Based on the size of the lot (11,252 square feet) the maximum allowable
21 density is 15 people, as noted it is anticipated that there will be 10 people on the site,
22 therefore the proposed project is consistent with the required B1 density.
23 C. The open land requirement is intended to apply to the whole B1 zone. The footprint of the
24 building and the site configuration will not change as a result of this application, therefore
25 the open land available in the B1 zone will not change.
26
27 5. The proposed project, as conditioned, will not be detrimental to public health, safety and general
28 welfare based on the following:
29 A. Through the use permit the operational characteristics will be regulated. The project would
30 not be detrimental to the surrounding uses because draft conditions of approval have been
31 added that relate to the outside display area, site circulation and customer parking along with
32 the fact that the project would be required to adhere to all standard city requirements related
33 to business operations. This includes the City's noise ordinance.
34 B. The hours of operation would not change as a result of this use permit amendment (Open
35 Monday through Friday 8:00 am-6:00 pm and 9am to 3 pm on Saturday. Closed on Sunday).
36 These hours of operation are consistent with other businesses in the area and are typical
37 business hours; therefore when residential occupants are home in the evenings the business
38 would not be operating.
39 C. The project has been reviewed by the Fire Marshal, Police Department, Building Official, and
40 Public Works and any requirements have been includes as conditions of approval.
41 D. The project is required to comply with all federal, state and local laws including the City's
42 Noise Ordinance.
43 E. The project is consistent with the Airport Master Plan B1 compatibility zone requirements as
44 noted in Table 3.
45 F. The properties to the east are zoned Neighborhood Commercial and contain residential units;
46 however, the structures on the residential lots are not located directly behind the project site
47 and there is at least 20 feet between the Pit Stop building and the nearest residential unit.
48 This distance would create a buffer between the two uses. Furthermore there are no
49 openings along the rear elevation of the Pit Stop building. This creates a barrier for the
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 3
1 residential units located on Cherry Court and would provide visual screening, sound barrier
2 and privacy.
3 G. The project site is located within an existing commercial area and is surrounded mainly by
4 commercial uses.
5 H. The properties to the east are zoned Neighborhood Commercial and contain residential units
6 however the structures on the residential lots are not located directly behind the project site
7 and there is at least 20 feet between the Pit Stop building and the nearest residential unit.
8 This distance would create a buffer between the two uses. Furthermore there are no
9 openings along the rear elevation of the Pit Stop building. This creates sound barrier for the
10 residential units located on Cherry Court.
11 I. The proposed project will occupy a building which is currently used for auto related services.
12 If approved the project would expand the services provided however the expansion would not
13 require changes to the building.
14 J. The hours of operation would be consistent with other business in the area and is consistent
15 with the hours of operation of the previous business.
16 K. The City has not received any complaints related to Pit Stop Oil Change regarding their
17 current operating characteristics.
18
19 6. The proposed project is exempt from the provisions of the California Environmental Quality Act
20 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures,
21 which allows structures up to 10,000 square feet in urbanized areas when the use does not
22 involve significant amounts of hazardous materials, where all necessary public services and
23 facilities are available, and the surrounding area is not environmentally sensitive based on the
24 following:
25
26 A. The total building square footage is 2,700 square feet.
27 B. The Fire Marshall has reviewed the tire disposal plan and condition of approval No. 6 A
28 and B has been added to address that.
29 C. The location is not environmentally sensitive and no drainage courses or bodies of water
30 (such as creeks or streams).
31 D. The site is developed with an existing building which already has utilities and services
32 available at the site and no expansion of the existing building footprint is proposed as part
33 of the project.
34
35 7. Notice of the proposed project was provided in the following manner as required by the Zoning
36 Ordinance:
37
38 A. posted in three places on the project site on March 15, 2013;
39 B. mailed to property owners within 300 feet of the project site on March 13, 2013; and
40 C. published in the Ukiah Daily Journal on March 17, 2013.
41
42 USE PERMIT CONDITIONS OF APPROVAL TO ALLOW AN AMENDMENT TO USE
43 PERMIT 11-08-UP-PC
44 777 SOUTH STATE STREET, APN 003-050-47
45 FILE NO: 13-01-UPA-PC
46
47 1. Approval is granted for an amendment to Use Permit 11-08-UP-PC. The amendment would allow
48 the sale and installation of tires, installation of car and truck accessories, minor automobile
49 maintenance and daily outside display in addition to the existing oil change business at 777 South
50 State Street. Approval is granted for this amendment as described in the project descriptions
51 dated January 22, 2013 and March 6, 2013 and shown on the plans submitted to the Community
52 Development and Planning Department, date stamped March 6, 2013, except as modified by the
53 following conditions of approval.
MINUTES OF THE PLANNING COMMISSION March 27, 2013
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1
2 2. In addition to the services approved in Use Permit 11-08-UP-PC, this use permit amendment
3 allows the following additional services to be provided:
4
5 A. Tires services that include sale and installation of tires, wheels and rims.
6 B. Minor automobile maintenance such as to brakes, mufflers, shocks, alignments, and
7 rotors and similar services.
8 C. Installation of car and truck accessories such as truck toolboxes, lights, steps, mud flaps
9 and floor mats and similar items.
10
11 3. Major automobile repairs such as painting services, towing, collision repair and similar are
12 prohibited.
13
14 4. Outside storage is prohibited.
15
16 5. Vehicles that are waiting for service shall be turned off; there shall be no idling of engines.
17
18 6. All conditions of approval from Use Permit 11-08-UP-PC remain in effect unless modified by this
19 amendment.
20
21 7. Prior to commencement of the services allowed by this amendment and issuance of a business
22 license, a revised site plan showing the following shall be submitted to Planning Staff for review
23 and approval.
24
25 A. Location of required bike rack and specifications of proposed bike rack. Inverted "u"
26 preferred.
27 B. Location of Painting of"No Parking"on parking spaces 4 &5.
28
29 8. Prior to commencement of the services allowed by this amendment or issuance of a business
30 license, the following shall be completed and are subject to staff approval:
31
32 A. The required bike rack shall be installed as required in 6 and 7. Inverted "U "style rack is
33 preferred.
34 B. Application for and approval of sign permit for the four existing wall signs from the
35 Planning and Community Development Department.
36 C. "No Parking" shall be painted on the pavement within the parking spaces labeled as 4
37 and 5 as required in 6B.
38
39 9. Items shall only be displayed outside in the area labeled "Display Area" as shown on the site plan
40 date stamped March 6, 2013. Items to be displayed shall be removed from the display area and
41 placed inside at the end of each business day. Display items shall only include items that are
42 offered for sale by this business. Items shall not be located within the public right-of-way and the
43 display area shall be maintained in a neat and orderly manner.
44
45 10. The existing landscaping shall be properly maintained.
46
47 From the Buildinq Official (David Willouqhbv 467-5718)
48
49 11. If the racking is greater than 5'8" then a building permit is required. Provide 3 sets of plans
50 designed by a California licensed Architect or Engineer. If new electrical work is required for
51 lighting or new equipment then an electrical permit is also required.
52
53 From the Fire Marshall (Chuck Yates 463-6264)
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 5
1 12. The California Fire Code requires that tires must be located at least 50 feet from the lot lines and
2 buildings (CFC 2505.4). There is not sufficient area to comply with this code section.
3
4 A. An exception to the code may be permitted if storage of used/waste tires is ONLY
5 allowed in a waste trailer as requested. This exemption will include no storage outside
6 the trailer, nor storage in this area of any other items. This trailer and the fenced area
7 shall be locked when the occupancy is closed.
8 B. If this requirement is not followed, CFC 2505.4 will be enforced and tires sales will be
9 permanently removed and the use permit will be revoked.
10
11 Standard Citv Conditions of Approval
12
13 13. This approval is not effective until the 10 day appeal period applicable to this Use Permit has
14 expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the
15 outcome of the appeal and shall be revised as necessary to comply with any modifications,
16 conditions, or requirements that were imposed as part of the appeal.
17
18 14. Business operations shall not commence until all permits required for the approved use,
19 including but not limited to business license, tenant improvement building permit, have been
20 applied for and issued/finaled.
21
22 15. No permit or entitlement shall be deemed effective unless and until all fees and charges
23 applicable to this application and these conditions of approval have been paid in full.
24
25 16. The property owner shall obtain and maintain any permit or approval required by law,
26 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
27 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
28 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
29 Permit is approved and issued.
30
31 17. In addition to any other condition imposed, any construction shall comply with all
32 building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in
33 effect at the time the Building Permit is approved and issued.
34
35 18. A copy of all conditions of this Use Permit Amendment shall be provided to and be binding upon
36 any future purchaser, tenant, or other party of interest.
37
38 19. All conditions of approval that do not contain specific completion periods shall be completed prior
39 to commencement of services allowed by this use permit amendment.
40
41 20. This Use Permit may be revoked through the City's revocation process if the approved project
42 related to this Permit is not being conducted in compliance with these stipulations and conditions
43 of approval; or if the project is not established within two years of the effective date of this
44 approval; or if the established use for which the permit was granted has ceased or has been
45 suspended for 24 consecutive months.
46
47 21. This approval is contingent upon agreement of the applicant and property owner and their agents,
48 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
49 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
50 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
51 aside, void or annul the approval of this application. This indemnification shall include, but not be
52 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
53 by any person or entity, including the applicant, arising out of or in connection with the City's
54 action on this application, whether or not there is concurrent passive or active negligence on the
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 6
1 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
2 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
3 remain in full force and effect.
4
5 9B. Hospice Thrift Store Use Permit, 401 South State Street, APN 002-269-05
6 (File No: 13-06-UP-PC). Planning Commission consideration and possible action on a Use Permit
7 to allow a thrift store to operate at 401 South State Street.
8
9 Associate Planner Faso: Presented the staff report.
10
11 Commissioner poble:
12 • What is the location of the striped parking spaces required for the Project?
13 Staff:
14 • The site plan indicates parking is available in the rear of the site. The site allows for five spaces
15 that have not yet been configured for striping purposes.
16 Commissioner Sanders:
17 • The site is located within the boundaries of the DZC where landscaping is encouraged and as
18 such, questions why landscaping is not required for the Project. The site offers two opportunities
19 to provide landscaping in the front of the building and in the planter area.
20 • Is of the opinion landscaping would be appropriate for aesthetic purposes since the building is
21 located on State Street.
22 Staff:
23 • The DZC does not require landscaping.
24 • If the applicant is not proposing any changes to the parking lot itself, no landscaping is required.
25 • The Commission can require landscaping as a condition of approval provided there is an
26 expressed interest and the appropriate rationale given.
27 • Historically, landscaping has not been required for projects of this scale that do not propose any
28 modifications to the site or building.
29 Commissioner Christensen:
30 • Hospice is a great organization.
31 • Hospice serves our community very well.
32 • Is pleased to see Hospice will be operating at the proposed location on State Street.
33 • Agrees while landscaping would improve the site aesthetically, is of the opinion it should not be
34 required if landscaping is not a standard requirement for this project.
35 • Hospice is a charitable organization that is trying to raise funds for a very great cause and should
36 not have to go to the expense of having to provide landscaping.
37 • Volunteers might be willing to put in some landscaping.
38 Commissioner poble:
39 • The applicant may be able to address the landscaping and whether or not it might be possible to
40 provide for some landscaping on the site.
41 PUBLIC HEARING OPENED: 6:21 p.m.
42
43 Dr. Robert Werra, applicant:
44 • Is dedicated and highly supports the Hospice organization that provides a wonderFul and very
45 valuable service to our community.
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 7
1 • Provided historical information about how and why Hospice originated in England some 50 years
2 ago and eventually became very popular in the United States.
3 • Explained in more detail the service Hospice provides to communities and how Hospice
4 organizations function.
5 • The proceeds from the sale of new and used clothing, linens, household goods, jewelry,
6 electronics, books, furniture and miscellaneous items are the primary support of the present
7 volunteer hospice and palliative care services provided to Ukiah citizens.
8 • Is pleased and excited to present the proposed project to the community and emphasized the
9 importance of the Hospice Thrift and Gift Shop that provides funding so the organization can
10 continue to function and best assisUserve the needs of the community.
11 • Explained Hospice in Willits operates differently than Ukiah Hospice in that the Willits
12 organization is affiliated and is financially dependent on Medicare while Ukiah is not since it is
13 supported by volunteers, donations and the thrift store.
14 • Related to landscaping, at this time would not like to further encumber the organization financially
15 since it just moved into the new building and it was costly to go through the Use Permit process.
16 Also, the irrigation system for the landscaping is no longer operable since the lines are broken.
17 Has spoken to the property owner who does not want to repair it because of past problems with
18 the public tampering with it and using it to fill water bottles. It may be that once Hospice is
19 operational that landscaping may be an option for consideration.
20 Commissioner Sanders:
21 • It appears providing landscaping at this time is not feasible and withdrew her request in this
22 regard.
23 Elizabeth Sanders:
24 • Is a residential care provider for senior citizens and seniors with disabilities/handicaps and
25 understands the importance of having Hospice in the community.
26 • Highly supports approval of the Project.
27 John McCowen:
28 • Strongly supports approval of the Project and emphasized the valuable service Hospice provides
29 to the citizens of this community and all communities.
30 Jan Freeman:
31 • Related to the thrift and gift shop, tourists like a little bit of'funk' and is of the opinion the Hospice
32 Thrift and Gift store will be a real attraction for people coming through Ukiah who want to stop
33 and shop at the thrift store.
34 Dr. Robert Werra:
35 • Is interested in adding another component of Ukiah Hospice for an Alzheimer's Caregiver support
36 service to assist persons and their families suffering from Alzheimer's.
37 • Is hopeful the Hospice Thrift and Gift shop at its new location will thrive in its continuing effort to
38 help serve the community.
39 PUBLIC HEARING CLOSED: 6:44 p.m.
40
41 M/S Sanders/Christensen to approve Hospice Thrift Store Use Permit, File No: 13-06-UP-PC with
42 Findings 1-8 and Conditions of Approval 1-5. Motion carried 4-0 with Chair Pruden absent.
43
44 Commissioner Whetzel: There is likely a few landscaping persons who would be more than willing to
45 donate some time and provide for some landscaping.
MINUTES OF THE PLANNING COMMISSION March 27, 2013
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1
2 USE PERMIT FINDINGS TO ALLOW
3 HOSPICE OF UKIAH
4 TO OPERATE A THRIFT STORE AT
5 401 SOUTH STATE STREET, APN 002-269-05
6 FILE NO: 13-06-UP-PC
7
8 The following findings are supported by and based on information contained in this staff report, the
9 application materials and documentation, and the public record.
10
11 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
12 Plan as described in the staff report and Table 1.
13
14 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in
15 Table 2 of the staff report.
16
17 3. The proposed project, as conditioned, is consistent with the purpose and applicable requirements
18 of the Downtown Zoning Code based on the following:
19
20 A. With an approved use permit the proposed project is a permitted use within the UC
21 zoning designation.
22 B. The project meets the intent of this zoning district in that the thrift store business will
23 provide commercial opportunities within Ukiah's Downtown.
24 C. The proposed project site is located within the boundaries of the Downtown Parking
25 Improvement District therefore off street parking is not required.
26
27 4. The proposed project, as conditioned, is consistent with the Airport Compatibility requirements for
28 the B2 zone based on the following:
29
30 A. The proposed project would be a retail store for the Hospice Thrift and Gift. This use is
31 consistent with low intensity retail uses which are allowed in the B2 zone.
32 B. The In-Fill policy allows 90 people per acre for non-residential uses therefore given that
33 the site is .35 of an acre the maximum density cannot exceed 31 people (.35 acre site X
34 90 people/acre). The applicant has indicated that the proposed thrift shop would have
35 approximately three employees on a daily basis and it is not anticipated that there would
36 be more than 31 customers in the store at any one time.
37 C. The size of the parcel is 15,100 square feet (.35 acre). The proposed footprint of the
38 building is 8,000 square this leaves 53 % of open space for this specific parcel. Within
39 the 62 zone the 30% open land criteria is only a recommendation not a requirement.
40 Furthermore the In-Fill policy allows new development that is similar in intensity to that
41 of surrounding already existing uses. Based on a field survey it is staff's opinion that
42 that the proposed project is similar to other existing development in the 62 zone.
43
44 5. The proposed project, as conditioned, will not be detrimental to public health, safety and general
45 welfare based on the following:
46
47 A. Through the use permit the operational characteristics will be regulated, therefore the
48 project would not be detrimental to the surrounding uses.
49 B. The project has been reviewed by the Fire Marshal, Police Department, Building Official,
50 and Public Works and any review comments from these departments have been included
51 as conditions of approval.
52 C. The project is required to comply with all federal, state and local laws.
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 9
1 D. The project is consistent with the Airport Master Plan B2 compatibility zone requirements
2 as noted in Table 3.
3
4 6. The project approved with conditions is compatible with surrounding uses based on the
5 following:
6 A. The project site is located within an existing commercial area and is surrounded mainly
7 by commercial uses.
8 B. The proposed project would occupy a building which has been vacant for several years.
9 Occupancy of this building would bring new business/foot traffic to the downtown area.
10 C. The location has in the past been used for retail uses.
11 D. The hours of operation would be consistent with other business in the area and is
12 consistent with the hours of operation of the previous business.
13 E. Drop off of donations shall not be permitted after business hours. Draft condition of
14 approval 5 has been added that requires Hospice to install signs that clearly notes that
15 donations shall not be left outside after business hours.
16 F. Outside storage or display of items would not be allowed. Draft condition of approval has
17 been added 2B.
18
19 7. The proposed project is exempt from the provisions of the California Environmental Quality Act
20 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures,
21 which allows structures up to 10,000 square feet in urbanized areas when the use does not
22 involve significant amounts of hazardous materials, where all necessary public services and
23 facilities are available, and the surrounding area is not environmentally sensitive based on the
24 following:
25
26 A. The total building square footage is 8,000 square feet.
27 B. The project does not involve the use of hazardous materials.
28 C. The location is not environmentally sensitive and no drainage courses or bodies of water
29 (such as creeks or streams).
30 D. The site is developed with an existing building and parking lot, utilities and services
31 already are available at the site and no expansion of the existing building footprint is
32 proposed as part of the project.
33
34 8. Notice of the proposed project was provided in the following manner as required by the Zoning
35 Ordinance:
36
37 A. posted in three places on the project site on March 15, 2013;
38 B. mailed to property owners within 300 feet of the project site on March 13, 2013; and
39 C. published in the Ukiah Daily Journal on March 17, 2013.
40 USE PERMIT CONDITIONS TO ALLOW
41 HOSPICE OF UKIAH
42 TO OPERATE A THRIFT STORE AT
43 401 SOUTH STATE STREET, APN 002-269-05
44 FILE NO: 13-06-UP-PC
45
46 1. Approval is granted for operation of Hospice Thrift and Gift at 401 South State Street APN, 002-
47 269-05 as described in the project descriptions dated March 11, 2013 and shown on the plans
48 submitted to the Community Development and Planning Department, date stamped March 13,
49 2013, except as modified by the following conditions of approval.
50
51 2. The use permit is granted subject to the following operating characteristics:
MINUTES OF THE PLANNING COMMISSION March 27, 2013
Page 10
1 A. Days and hours of operation would be 9:00 am to 9:00 pm Monday thru Friday and 10:00
2 to 6:00 on Saturday and Sunday.
3 B. Donations shall be accepted Monday thru Friday 10:00 am to 5:00 pm and 10:00 am to
4 4:00 Saturday and Sunday.
5 C. There shall be no outside display or storage of items.
6
7 3. Prior to issuance of a business license, a revised site plan showing the following shall be
8 submitted to Planning Staff for review and approval.
9 A. Location of required bike rack and specifications of proposed bike rack. Inverted "u"
10 preferred.
11 B. Location and detail of required signs to be installed front and back of site. The signs shall
12 instruct customers not to leave donations after hours and shall be in both English and
13 Spanish.
14 C. Details for parking lot showing parking spaces striped.
15 4. Prior issuance of a business license, the following shall be completed and are subject to staff
16 approval:
17
18 A. The required bike rack shall be installed as required in 3. Inverted "U "style rack is
19 preferred.
20 B. Installation of signs required in 3B.
21 C. Completion of parking lot striping as required in 3C.
22
23 5. Signs require application of and approval of a sign permit prior to installation of signs.
24
25 6. Prior to issuance of business license and subject to staff review and approval a sign shall be
26 installed at the rear of the building that says that donations are not accepted after close of
27 business and that donation items shall not be left after close of business.
28
29 Standard Citv Conditions of Approval
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31 7. This approval is not effective until the 10 day appeal period applicable to this Use Permit has
32 expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the
33 outcome of the appeal and shall be revised as necessary to comply with any modifications,
34 conditions, or requirements that were imposed as part of the appeal.
35 8. Business operations shall not commence until all permits required for the approved use,
36 including but not limited to business license, tenant improvement building permit, have been
37 applied for and issued/finaled.
38
39 9. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable
40 to this application and these conditions of approval have been paid in full.
41
42 10. The property owner shall obtain and maintain any permit or approval required by law,
43 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
44 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
45 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
46 Permit is approved and issued.
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48 11. In addition to any other condition imposed, any construction shall comply with all building, fire,
49 electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the
50 time the Building Permit is approved and issued.
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1 12. A copy of all conditions of this Use Permit Amendment shall be provided to and be binding upon
2 any future purchaser, tenant, or other party of interest.
3
4 13. All conditions of approval that do not contain specific completion periods shall be completed prior
5 to commencement of services allowed by this use permit amendment.
6
7 14. This Use Permit may be revoked through the City's revocation process if the approved project
8 related to this Permit is not being conducted in compliance with these stipulations and conditions
9 of approval; or if the project is not established within two years of the effective date of this
10 approval; or if the established use for which the permit was granted has ceased or has been
11 suspended for 24 consecutive months.
12
13 15. This approval is contingent upon agreement of the applicant and property owner and their agents,
14 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
15 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
16 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
17 aside, void or annul the approval of this application. This indemnification shall include, but not be
18 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
19 by any person or entity, including the applicant, arising out of or in connection with the City's
20 action on this application, whether or not there is concurrent passive or active negligence on the
21 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
22 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
23 remain in full force and effect.
24 11. PLANNING DIRECTOR'S REPORT
25 Senior Planner Jordan:
26 • Provided an update on the Costco EIR.
27 • There will be a Planning Commission meeting on April 10 for review of rezoning the Ukiah
28 Municipal Airport to a Planned Development(PD).
29 • A Planning Commission meeting is also scheduled for April 24 for review of the Greenhouse Gas
30 Emissions Workshop and Climate Action Plan Workshop.
31
32 12. PLANNING COMMISSIONERS' REPORT
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34 13. ADJOURNMENT
35 There being no further business, the meeting adjourned at 7:02 p.m.
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38 Cathy Elawadly, Recording Secretary
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