HomeMy WebLinkAboutpcm_07252012 1 UKIAH PLANNING COMMISSION
2 July 25, 2012
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair None
7 Kevin Doble
8 Linda Sanders
9 Jason Brenner
10 Mike Whetzel
11
12 STAFF PRESENT OTHERS PRESENT
13 Kim Jordan, Senior Planner Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Jim Bauer, Electrical Distribution Engineer
16 Cathy Elawadly, Recording Secretary
17
18 1. CALL TO ORDER
19 The regular meeting of the City of Ukiah Planning Commission was called to order by
20 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
21 Ukiah, California.
22
23 2. ROLL CALL
24
25 3. PLEDGE OF ALLEGIANCE - Everyone cited.
26
27 4. APPROVAL OF MINUTES — The minutes from the May 23, 2012 are included for review and
28 approval.
29
30 M/S Sanders/Doble to approve May 23, 2012 minutes, as submitted. Motion carried (4-0) with
31 Commissioner Whetzel abstaining.
32
33 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
34
35 6. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting,
36 the final date to appeal is Monday, August 6, 2012.
37
38 7. SITE VISIT VERIFICATION - Confirmed by Commission.
39
40 8. VERIFICATION OF NOTICE - Confirmed by staff.
41
42 9. NEW BUSINESS
43 9A. Orchard Avenue Substation Landscaping Plan File No.: 09-05-SDP-PC: Planning
44 Commission consideration and possible action on the landscaping plan for the Orchard Avenue
45 Substation at 724 South Orchard, APN 003-582-37, south of East Gobbi Street. The landscaping
46 plan is required as part of the Site Development Permit for the substation. The Site Development
47 Permit approved by Planning Commission in 2009 allowed the landscaping plan to be deferred
48 and once prepared to return to the Commission for review and decision.
49
50 Senior Planner Jordan gave a staff report and noted:
51 • On December 2009 the Planning Commission reviewed the Substation project and voted to
52 recommend the City Council adopt the mitigated negative declaration and approve the general
53 plan amendment to change the land use designation for the site to Public (P) and rezoning to
54 change the zoning designation to Public Facilities (PF). The Commission also voted to approve
55 the Site Development Permit and Use Permit for the Substation project subject to City Council
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 1
1 adoption of the Mitigated Negative Declaration and approval of the general plan amendment and
2 rezoning.
3 • Although the proposed landscaping plan pertains to the City Substation project and not to the
4 adjacent vacant corner lot that is also owned by the City for future sale and development, the
5 proposed landscaping plan does include street tree placement along East Gobbi Street and
6 Orchard Avenue that would help screen the facility from this viewpoint.
7 • As part of the Site Development Permit, Planning Commission approved a landscaping
8 modification to allow the project to provide less than 20% of the gross area of the parcel as
9 landscaping and this modification was based on the nature of the use, as well as consideration
10 related to safety, security and efficient site planning.
11 • As part of the mitigation measure concerning aesthetics, the landscaping plan is required to
12 include street trees along Orchard Avenue subject to review by the Planning Commission for
13 approval as part of the initial Site Development Permit and Use Permit for the project.
14 • GSM Landscape Architects, Inc. prepared the landscaping plan required for the Substation and
15 referred to attachments 4 and 5 of the staff report in this regard for review of the plan.
16 • GSM also provided a brief response to Conditions of Approval Nos. 3 and 12 to indicate when
17 preparing the landscaping plan for the Substation project that consideration had to be given to the
18 fact the substation site is constrained by the number and location of driveways including the
19 location of electrical/other utilities at the front of the site and that the street trees are constrained
20 by overhead wires and underground utilities. As noted above, consideration has been given for
21 street tree placement along East Gobbi Street and Orchard Avenue for future sale and
22 development of the existing corner lot as discussed on page 3 of the staff report.
23 • Since the City Master Tree List had not been adopted at the time the Substation project was
24 approved, the project is not required to use trees from these lists. However, all of the tree species
25 in the landscape plan are included on one or more of the Master Tree lists adopted by City
26 Council or included in the draft DZC Required or Alternate Tree Lists as provided on page 4 of
27 the staff report.
28 • Introduced Gretchen Stranzl McCann from GSM and Electrical Distribution Engineer Bauer that
29 are available to answer questions the Commission may have.
30
31 Gretchen Stranzl McCann GSM Landscape Architects, Inc. provided an overview of the Landscaping
32 Plan:
33 • Referred to the preliminary landscape plan that demonstrates the Substation site constraints.
34 • The landscaping plan includes shrubs and trees that will help to screen the facility from
35 neighboring properties.
36 • The street trees on Orchard Avenue and East Gobbi Street will also provide screening.
37 • Due to security and maintenance concerns the landscaping plan does not include vines to screen
38 the wall.
39 • The landscaping plan includes landscaping between the driveways and between the front
40 property line and the wall that encloses the Substation facility.
41 • Demonstrated the location of the proposed trees as well as location of the plants classified into
42 the various hydrozones according to watering needs and commented on some of the tree/plant
43 species as provided for in attachment 4, `City of Ukiah Orchard Substation Demonstration
44 Landscape.'
45 • Indicated the landscaping plan intent was to include a wide variety of landscape palettes to create
46 an attractive and interesting landscape with regard to several different landscaping themes as
47 shown on the plans.
48 • All vegetation selected was considered according to size at maturity to appropriately address
49 security and safety issues, not to require regular maintenance/pruning such that they can live on
50 their own with little care and still provide for an interesting and succinctly orchestrated
51 landscaping design.
52 • Explained the intent in addition to providing for an interesting demonstration/model landscape
53 design was to make certain the design would be a good fit for a substation, would provide the
54 necessary screening of the facility to the degree feasible given the security and safety constraints
55 associated with the Substation, include appropriate plant and tree species that complement the
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 2
1 site and are adaptive/native to the climate for this area and utilize `hydrozones' where feasible
2 that would accommodate a variety of plant species and to group these species with similar water
3 needs.
4 • The tree species chosen meet the security constraints for project.
5 • Irrigation systems for the project were carefully considered given the plant and tree species
6 chosen for water conservation/drought tolerant purposes.
7 • Is available to answer Commission questions.
8
9 Commission comments:
10 • Approves of the plant species selection.
11 • Would like to see a couple more Interior Life Oak trees, but understands the associated safety
12 and security constraints associated with the project.
13 • Likes the general layout of the landscaping plan and corresponding design.
14 • Discussed the 20% landscaping coverage requirement for projects as it relates to the nature, site
15 constraints and functioning reality of a substation facility such that providing for less than the 20%
16 would be an acceptable approach in this instance for a public facility. If the project was a civic
17 building having a presentation, the 20% landscaping coverage requirement would likely be
18 applied. Unless the project is like that of a substation, the landscaping for a project must comply
19 with the standards for that particular zoning designation.
20 • Questioned whether the amenities (bench and pathways) can be counted toward the 20%
21 landscaping coverage.
22 • No attention is being paid to landscaping/screening on the north wall.
23 • Condition of Approval No. 12 for the initial project allows for vines to screen the wall.
24 • Materials for the pathway should be ADA complianUaccessible for safe path of travel.
25
26 Staff:
27 • No landscaping was intended for the north wall that faces Gobbi Street. The wall is close to the
28 property line shared with the vacant lot to the north intended for future sale and development.
29 There is no enough room for landscaping and the wall setback from the property line is due to the
30 size of the footing.
31 • Development of the lot to the north would require its own landscaping plan.
32 • Condition of Approval No. 12 allowed vines on the wall facing Orchard Avenue. Screening of the
33 north wall from Gobbi Street was not required or discussed when the Project was approved. .
34 • Regarding the 20% landscaping standards, 50% of the 20°/o landscaping has to be live plants.
35 What this means is that 20% of the gross area of a parcel has to be set aside for landscaping of
36 which 50% has to be comprised of live plantings. How the 50% is considered depends upon what
37 the applicant proposes and Planning Commission approves.
38
39 PUBLIC HEARING OPENED: 6:25 p.m.
40
41 PUBLIC HEARING CLOSED: 6:25 p.m.
42
43 While the Commission overall liked the proposed landscaping design and plant selection, there was
44 further discussion about:
45 • Surfacing materials for the onsite pathways.
46 • Such amenities as a seat wall and pathways in terms of cost savings to the City.
47 • Understands the project has a budget. However, as a further cost saving should more plants be
48 considered for the landscaping and eliminate the bench and pathways.
49
50 Commissioner poble:
51 • Has no problem with the proposed landscaping design and plant species.
52 • Supports adding more landscaping, including landscaping on the north wall.
53 • Provide for more landscaping other than the street trees on the vacant lot since the project is
54 located on a primary city gateway.
55 • Is concerned about possible set up for reduced landscaping for the vacant lot later on.
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 3
1 Staff provided some background information concerning the site:
2 • The site consists of two lots that were originally nine parcels.
3 • A Boundary Line Adjustment was approved to create the two existing parcels.
4 • The parcel with the Substation on it is the parcel that is required to have landscaping and street
5 trees.
6 • The parcel that is vacant possibly does not need to have any street trees proposed at all, but in
7 order to address some of the concerns related to aesthetics from a gateway perspective that
8 there is a substation wall facing the gateway, the street trees were required to extend up Orchard
9 Avenue and west on Gobbi Street. In order to provide some screening of the Project and north
10 wall.
11 • The proposed street trees to extend up Orchard Avenue and west on Gobbi Street was a way to
12 offset visual impacts that most people would acknowledge did occur as a result of the Substation.
13 • When and if that corner parcel is sold and developed, that development is subject to all the
14 zoning requirements in place at that time. It is considered a separate parcel and a separate
15 project.
16 • Any decision on the Substation has no effect or bearing on any future development of the vacant
17 parcel.
18
19 Commissioner Sanders:
20 • As a Commissioner in 2009, recalled review of the initial project and the need for screening and
21 how to effectively proceed in this regard. With regard to Parcel 1, the substation project, the site
22 is 1.26 acres or 54,886 square feet that requires a landscaped area of 10,978 square feet with
23 the 20% requirement. The proposed landscape area is 3,855 square feet. Is the project meeting
24 this requirement for landscaping?
25 • The reason for asking questions about the actual landscaping square footage is that part of the
26 proposed landscaping is hardscape, which would have an impact on live plantings.
27
28 Staff:
29 • The figures may be slightly less than what was originally computed based on the same site layout
30 since the required electric utilities installed which may reduce the square footage.
31 • What the Planning Commission is being asked to approve is the landscaping for the Substation
32 site. The square footage takes into consideration the driveway locations and the limited frontage
33 on Orchard Avenue.
34
35 Electrical Distribution Engineer Bauer:
36 • Commented on the approximate square footage that takes into consideration the frontage area
37 on Orchard Avenue.
38 • For safety and security reasons the north side of the wall cannot be landscaped. This same
39 scenario applies to the frontage area on north Orchard Avenue. The intent is to keep trees or
40 vines away from the wall.
41 • A decision has not been made about `who' and/or which City Department would be doing the
42 landscaping maintenance.
43 • The City Electric Department is concerned with having to landscape the vacant lot and incur costs
44 since the intent is to sell this property and it is not known when or if this will occur.
45
46 Commission:
47 • Discussed providing for proper maintenance/pruning as a security precautionary measure to
48 keep trees and vines away from the wall.
49 • Inquired if City crews would be performing landscaping maintenance.
50 • The landscaping is very sophisticated.
51 • Condition of Approval No. 4(B) requires the use of fertilizer and recommends the condition be
52 changed to `Use of soil conditioners and mulching.' Hopefully mulching will be part of the
53 Maintenance Plan.
54 • Recommends permeable weed cloth be used.
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 4
1 • Recommends no plantings or sod within 3 feet of the perimeter of the trunk for the Interior Live
2 Oak tree.
3 • Would like to see a `Free Zone' from plantings/vegetation from around the truck of the Oak tree
4 at least in the beginning stages of growth such that the tree would not have to compete with
5 other vegetation to survive.
6 • Asked if the Live Oak was to grow at the top of a berm?
7
8 Gretchen Stranzl McCann:
9 • Confirmed the use of permeable weed cloth.
10 • Confirmed no sod or plantings will occur within a 3 foot radius of the truck for the Interior Live
11 Oak.
12 • With regard to the Oak tree, appropriate plantings were selected that would do well underneath
13 the canopy of the tree. However, consideration can be given to no plantings within the `Free
14 Zone.'
15 • The Live Oak will grow on a portion of the berm.
16
17 Commissioner Sanders:
18 • Requests proper space be provided for around the trunk of the tree.
19 • Noted the community lost 14 trees from the Substation project.
20 • Likes that the paths are included in the landscape plan since there are a lot of seniors that reside
21 in the area.
22 • Agrees the pathways need to be ADA compliant.
23
24 Commissioner Whetzel would be supportive of eliminating the path and seat wall as a cost savings.
25 These amenities are not really necessary.
26
27 Chair Pruden:
28 • The pathway allows the community to interact some with the demonstration gardens.
29 • The design and materials selected provide for a nice looking wall.
30 • With regard to future sale of the vacant lot, it is uncertain who would want to live next door to a
31 substation.
32
33 Staff:
34 • The project is subject to landscaping maintenance requirements as provided for in Condition of
35 Approval No. 4. GSM Landscaping Architects will prepare a Maintenance Plan for the project.
36 • Asked Commissioner poble if the landscaping plan would be more acceptable if there was less
37 hardscape and more plantings.
38 • Noted concern has been expressed about the landscaping costs for the project and the matter of
39 possible cost constraints was discussed by Council.
40
41 Commissioner poble:
42 • Is of the opinion not enough attention has been given to screening the Substation wall.
43 • While he was not a Planning Commissioner when the initial project was approved understands
44 how the project with regard to how the landscaping plan got to this point, but this does not mean
45 he has to agree to what is being proposed.
46
47 Commission:
48 • Due to the nature of the project and possible cost constraints would consider reducing the scale
49 of the landscaping proposed.
50 • Understands the landscaping plan objective is to provide for a signature model, but questioned if
51 this was really a public necessity given the nature of the project and associated costs.
52 • In terms of cost, the City electric department operates as an enterprise fund and costs for the
53 landscaping project would not come out of the general fund but rather by`dedicated funds.'
54 • Discussed the degree of amenities that should realistically be part of the landscaping plan.
55
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 5
1 Commissioner poble inquired if there are plans to screen the `well pump house'with landscaping.
2
3 Staff:
4 • The pump house is a completely separate project that is not connected to the Substation project
5 and corresponding landscaping that is being proposed. The structure is City-owned and no site
6 development permit was required.
7 • Clarified based on the direction that staff originally received from the Commission when the
8 Substation project was approved there was never the intention or expectation of providing
9 screening for the wall. The reason the street trees are proposed along E. Gobbi Street and
10 Orchard Avenue are to screen the wall.
11 • In order to develop a landscaping plan, GSM requested and was given a budget by the Electric
12 Department. The landscaping plan is designed to be consistent with that budget.
13 • Is hearing from the Electric Department staff that because of safety and security concerns no
14 vines should be planted near the wall.
15 • It was never the intention to plant any type of vegetation other than street trees on the vacant lot
16 that is to eventually be sold. It is the preference of the City Electric Department not to plant
17 anything at this location so there would be no site constraints to work around when the vacant lot
18 is sold and developed.
19
20 Commissioner Whetzel: Is it possible to plant more trees along Orchard Avenue to more effectively
21 screen the wall?
22
23 Staff: Looking at what is possible for this area, the biggest consideration was what type of trees could
24 actually grow in the various locations given the utility constraints as shown on the `Existing Utility Plan'
25 provided by the City that also shows the location of the proposed street trees. The site constraints are
26 considerable for the proposed landscaping plan and street trees.
27
28 Commissioner Sanders:
29 • The better approach might be to develop an interpretative program for the project to demonstrate
30 the landscaping model for a substation that would provide signage or some similar type of
31 program for information purposes about the intent of the landscaping.
32 • Does not have to be extensive.
33 • Could be something similar to the rose garden at the civic center.
34
35 Commissioner Brenner: Supports eliminating the seat wall and putting up identification signage for the
36 landscaping.
37
38 Commission recommendations/consensus:
39 • Likes the design and what is being proposed by way of plantings provided for in attachment 4.
40 • The bench amenity can be optional as costs will allow.
41 • Provide for proper landscaping maintenance.
42 • Condition of Approval No. 4(B) should read, `use of soil conditioners'. Mulching is a soil
43 conditioner.
44 • Add new condition of approval: The onsite paths shall be ADA accessible.
45 • Add new condition of approval: An interpretative program shall be developed for the landscaping
46 using signage and/or a program similar to that for the rose garden at the Ukiah Civic Center
47 which includes a decorative post with plastic box to display and dispense handouts with
48 information on the demonstration garden.
49
50 M/S Sanders/Brenner to approve Orchard Avenue Substation Landscaping Plan file no.: 09-05-SDP-PC
51 with Findings 1-5 and Conditions of Approval 1-6 with the added conditions of approval referenced above.
52 Motion carried with the following roll call vote:
53
54 AYES: Commissioners Sanders, Brenner,Whetzel and Chair Pruden
55 NOES: Commissioner poble
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 6
1 Findings
2 Orchard Avenue Substation Landscaping Plan
3 724 South Orchard Avenue
4 File No.: 09-05-SDP-PC
5
6 1. The Landscaping Plan is consistent with the applicable goals, policies, and objectives of the
7 General Plan as described in the staff report.
8
9 2. The Landscaping Plan is consistent with the applicable Public Facilities zoning district
10 landscaping requirements as described in the staff report.
11
12 3. The Landscaping Plan is consistent with the Site Development Permit finding for landscaping
13 based on the following:
14
15 • The landscaping plan includes shrubs and trees that will help to screen the facility from
16 neighboring properties;
17 ■ Street trees on Orchard Avenue and East Gobbi Street provide screening from the East
18 Gobbi Street gateway;
19 ■ Landscaping is planted between the driveways and between the front property line and the
20 wall that encloses the substation facility;
21 ■ The landscaping plan includes a wide variety of landscape palettes that create an attractive
22 and interesting landscape.
23
24 4. A mitigated negative declaration for the Substation Project was adopted by City Council in
25 February 2010; therefore, no further environmental review is required.
26
27 5. The landscaping plan was a condition of approval for the Project; therefore, no public notice was
28 required. Since the landscaping plan may be of interest to neighboring property owners or
29 persons that live or work near the substation, a courtesy notice was provided in the following
30 manner:
31
32 ■ posted in three places on the project site on July 12, 2012; and
33 ■ mailed to property owners within 300 feet of the project site on November 12, 2009.
34
35 Conditions of Approval
36 Orchard Avenue Substation Landscaping Plan
37 724 South Orchard Avenue
38 File No.: 09-05-SDP-PC
39
40 1. Approval is granted for the landscaping plan and plant species and materials as shown on the
41 landscaping plan and plant and materials photo exhibits submitted to the Planning Department
42 and date stamped July 16, 2012, except as modified by the following conditions of approval.
43
44 2. Prior to installation of the landscaping plan approved by Planning Commission, GSM shall
45 prepare an irrigation plan for staff review and approval.
46
47 3. Prior to installation of the landscaping plan approved by Planning Commission, the irrigation plan
48 approved by staff shall be installed.
49
50 4. All required landscaping shall be properly maintained as outlined in the maintenance plan to be
51 developed for the landscaping plan approved by Planning Commission. The maintenance plan
52 developed for the approved landscaping shall address, but shall not be limited to, the following:
53
54 A. Appropriate watering.
55
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 7
1 B. Use of soil conditioners.
2
3 C. Use of weed killers/herbicides/pesticides.
4
5 D. Tree ties and stakes.
6
7 E. Proper pruning.
8
9 5. Any tree that dies or is unhealthy due to pests, disease or other factors, including vandalism, shall
10 be replaced with the same or similar tree species, or an alternative species approved by the
11 Planning and Community Development Department.
12
13 6. All conditions of approval and mitigation measures for the Orchard Avenue Substation remain in
14 full force and effect.
15
16 From the Planning Commission
17
18 7. The onsite paths shall be ADA accessible.
19
20 8. An interpretative program shall be developed for the landscaping using signage and/or a program
21 similar to that for the rose garden at the Ukiah Civic Center which includes a decorative post with
22 plastic box to display and dispense handouts with information on the demonstration garden.
23
24 9B. The Office Outside Dining, Live Entertainment, and Special Event Use Permit File No.: 12-
25 11-UP-PC. Planning Commission consideration and possible action on a request for approval of a
26 Major Use Permit to allow The Office to have live entertainment in the building and outside in the
27 lawn area, additional outdoor dining, and special events at 131 East Mill Street, APN 002-302-57.
28
29 Associate Planner Faso gave a staff report and provided the Commission with the following that apply to
30 the use permit:
31 • A copy of revised Condition of Approval No. 19 from the Building Official.
32 • A copy of correspondence that was received by staff in support of the project after the staff report
33 was prepared.
34
35 Staff recommends approval of the project.
36
37 Commission:
38 Q1. Inquired about Zoning Ordinance Section 9082 reads concerning live entertainment?
39 Q2. How many noise complaints has the City police department received concerning The Office since
40 2011?
41 Q3. Questioned the interpretation of the Noise Ordinance, General Noise regulation section, specific
42 to amplification and emanation of noise in this regard particularly in a residential area. How are
43 the residents in the area going to be informed when there will be live entertainment to possibly
44 make alternative arrangements if he/she is annoyed by the music because this is not covered
45 under the project conditions of approval. The Office is surrounded by several residences and
46 some of the residents have submitted letters expressing concern about the project.
47 Q4. Requested clarification the hours for outdoor amplified live entertainment would be 4:00 p.m. to
48 7:00 p.m. rather than 8:00 p.m.
49 Q5. Recommended discussion about the term `seasonal.' The attorney for the applicant makes
50 reference in this regard that June, July, August and September are considered `seasonal'times.
51
52 Requested clarification regarding when live entertainment will occur. One document states live
53 entertainment will occur every other weekend and another document says live entertainment will
54 occur no more than two times a month. There is a difference.
55
56 Staff:
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 8
1 A1. This Zoning Ordinance section states that a use permit is necessary to have live entertainment.
2 Live entertainment includes amplified and non-amplified music.
3 The Zoning Code does not include a definition of live music. The City has historically considered
4 A2. The City Police Department has received three noise complaints.
5 A3. Having worked with the applicant and having discussed the project with the Ukiah Police
6 Department is not anticipating any problems so is of the opinion there is no need to inform the
7 neighbors of live entertainment events. However, if the Commission thinks is important, possibly
8 drafting a condition about informing the neighbors of live entertainment events can be considered.
9 A4. The proposal from the applicant was that amplified live entertainment will occur outdoors until
10 8:00 p.m. However, Condition of Approval No. 2(D) requires the hours for outdoor amplified live
11 entertainment be limited from 4:00 p.m. to 7:00 p.m.
12 A5. Confirmed live entertainment and amplified music will occur no more than two times per month on
13 Friday or Saturday.
14
15 Chair Pruden:
16 • Would like to discuss what the actual project issues are and receive public comments.
17 • There is likely no argument The Office is a well-run business.
18
19 PUBLIC HEARING OPENED: 7:24 p.m.
20
21 Erik Petersen, Attorney for applicants:
22 • The project has been `pared down' to address some of the project issues that resulted from
23 complaints.
24 • Noted the residential complex across the street from The Office is where the complaints have
25 originated.
26 • There are other residents in the area that have no complaints about the project.
27 • Acknowledged that one amplified live entertainment event in March triggered some noise
28 complaints and the applicants have worked diligently to make certain potential noise impacts to
29 neighbors will not occur. There have been no complaints since the March incident.
30 • The applicants are committed to working with and pleasing the community.
31 • The Office desires to expand their business for growth and/or economic reasons to include
32 outdoor entertainment during seasonal times, such as for the summer months, June through
33 September.
34 • Confirmed the amplified live entertainment will be limited to twice per month.
35 • Has been working with City staff to effectively address potential noise and/or issues that could
36 impact neighbors, as well as input from the general public in order to make this project as `doable'
37 as possible.
38 • Having to notice all residents/property owners in the neighborhood of live entertainment that will
39 occur every two weeks would be difficult. It would be like noticing every household in the
40 neighborhood about the concerts in park that typically occur twice a month during the summer.
41 • Thanked City staff for their time and expertise in moving the project forward.
42
43 Commissioner Sanders: It may be a sign posted outside of The Office establishment would suffice as
44 adequate public notice that live entertainment will occur.
45
46 Marlin Lorenzi:
47 • Owns commercial and residential property in the neighborhood.
48 • Loud amplified live music does create noise impacts for persons residing in the area. He and his
49 wife live across the street from the Lake Mendocino Clubhouse where live music frequently
50 occurs so he experiences/understands firsthand about noise impacts generated from amplified
51 music, particularly from the base guitar. Amplified music outside resonates in and outside of his
52 home making it difficult to function and/or enjoy home activities.
53 • Supports live music outdoors with a stipulation placed on the base guitar and drums to control the
54 amplification and corresponding noise.
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 9
1 • Does not object to the hours of operation, but rather it is the `amplified projection' from music
2 instruments that he objects to.
3 • Music, in general, is not bothersome to him.
4
5 Gigi Brown:
6 • Resides in the townhouse complex across the street from The Office.
7 • Has concerns about the noise impacts generated from amplified music.
8 • submitted a letter voicing concerns about the project.
9 • Has been a patron of The Office and the restaurant downstairs and found the establishments
10 enjoyable.
11 • Does not appreciate the high volume of sound that comes from The Office late at night.
12 • Could live with live music on a Friday or Saturday two times a month within The Office from 8:00
13 p.m. to 11:30 p.m. even though the music is not her preference and would also be okay with
14 outdoor amplified live entertainment from 4:00 p.m. to 7:00 p.m. However, does not want to be
15 subject to high volumes of noise coming from loud bands.
16 • Approves of the compromised hours of operation.
17
18 Patricia Walker:
19 • Resides in the townhouse complex directly across the street from The Office.
20 • Submitted a letter voicing concerns about the project.
21 • Experiences noise impacts from loud music coming from The Office on several occasions which
22 is very disruptive and an invasion of her privacy.
23 • Experiences persons that congregate outside of The Office late at night after the bar closes that
24 talk/yell loudly, set off their car alarms and other disruptive behaviors that prevent her from
25 sleeping and enjoying peace and quiet in her home.
26 • While she hopes The Office succeeds as a business, she would like to see project conditions that
27 regulate and control what can occur in terms of loud music and other noise impacts from persons.
28
29 Chair Pruden:
30 • Condition of Approval No. 10 requires that at least one owner of The Office be onsite during all
31 live entertainment events.
32 • Condition of Approval No. 8 requires that The Office be open no later than midnight on nights with
33 live entertainment.
34
35 Patricia Walker: Requested clarification that during the week days people can be outside until 10:00
36 p.m.
37
38 Chair Pruden: The applicants have proposed that outside dining would occur within the existing gazebos
39 and on the outdoor deck. Hours for outdoor dining would be Monday through Friday 11:00 a.m. to 10:00
40 p.m. and Saturday and Sunday 4:00 p.m. to 10 p.m. However, the music and/or any form of live
41 entertainment cannot occur past 7:00 p.m. The Planning Commission will be discussing this proposal.
42
43 Patricia Walker: Requested clarification about amplified versus acoustical music.
44
45 Commissioner Whetzel: Acoustical music is typically performed without a microphone or amplifier.
46
47 Chair Pruden: Live entertainment can be in the form of a live band and/or disc jockey. Live entertainment
48 may be amplified or non-amplified. This is what the Planning Commission is considering tonight.
49
50 Commissioner Sanders: Condition of Approval 2(D) states: Non-amplified live entertainment may occur
51 until 10:00 p.m.
52
53 Patricia Walker:
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 10
1 • Would support allowing for amplified music two times a month on a Friday or Saturday, provided
2 the noise level is controlled for the music and patrons that congregate in the parking lot after the
3 establishment closes.
4 • Overall is in agreement with draft Management Plan and conditions of approval.
5
6 There was Commission discussion about whether or not there is a shutting down time for bars according
7 to the liquor license.
8
9 Staff:
10 • As part of the license, there is a designated time when alcohol can no longer be served. The City
11 does not have a restriction on the establishmenYs hours of operation.
12 • The hours of operation on the nights when there is live entertainment or when additional outdoor
13 seating occurs is all that can be regulated. The City does not have the ability to regulate any
14 `other thing'The Office is not doing so under the proposed use permit.
15 • Noted the 11:30 p.m. hour only applies to the nights when The Office has live entertainment.
16 Within The Office, the hours for live entertainment are limited to 8:00 p.m. to 11:30 p.m.
17
18 It was noted that the Management Plan addresses such subjects as loitering, parking, and noise.
19
20 Todd Schapmire:
21 • Is a member of a band that has played at The Office and was the band playing the night when a
22 noise complaint triggered the need for The Office to have a use permit to have live entertainment.
23 • Acknowledges that live music is typically amplified and can be loud. However, such noise can be
24 mitigated with the proper positioning of the instruments within a building. The night of the noise
25 complaint the drums and bass guitar were positioned toward the door which amplified sound
26 outward. This will not occur again.
27 • Elaborated on other ways noise impacts from live bands can be mitigated.
28
29 Brad Hunt:
30 • Has the job of booking the bands that play at The Office.
31 • Explained how the scheduling of bands is done. As a courtesy to other establishments does not
32 book a band on the night other like establishments are featuring live entertainment.
33 • Agrees booking bands to play two times a month is fair and reasonable.
34 • Likes to book bands rather than DJs and supports local live music.
35 • Will use DJ's if someone is having a private party, but does not typically bring in a DJ for people
36 to have a good time because The Office does not function as a night club.
37 • Agrees that positioning of instruments within the building reduces noise impacts. He requests that
38 bands place their drummers in the corner of the room aimed at the wall.
39
40 Dave Hull:
41 • Is a patron of The Office.
42 • The Office is a well-operated business.
43 • The owners of The Office are committed to working with the community regarding noise issues
44 and/or any other type of issue that may concern the public.
45 • Supports approval of the use permit project to allow live entertainment.
46 • Is hopeful The Office will continue to operate a successful business because the establishment
47 does provide for a safe and secure place for people to come have fun and socialize.
48
49 Commissioner Sanders:
50 • Referred to attachment 4, Management Plan to Operate and noted it appears measures have
51 been taken to mitigate/reduce sound impacts in this document.
52 • Asked about whether upgraded insulation in floors and walls which includes sound insulation, a
53 sound inhibiting theater curtain has been done or will be done.
54
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 11
1 Eric Petersen: Many of things listed with regard to noise in the document so as not to disturb the
2 neighbors are going to be done upon approval of the use permit and there are plans to do a lot more
3 improvements in this regard.
4
5 Maureen Mulherren: Emphasized it is important to be mindful that any business in the City facing
6 discretionary review be encouraged to succeed for the good of the community and for its contributing to
7 economic viability.
8
9 PUBLIC HEARING CLOSED: 7:58 p.m.
10
11 Commission:
12 • Asked if the Management Plan is referenced in the project conditions.
13
14 Staff: The Management Plan is referenced in the Condition of Approval Nos. 1 and 7.
15
16 Commissioner poble:
17 • Appreciates the applicants setting their own framework and conditions for when they want to have
18 live entertainment where the issue and discussion about the use permit is essentially about sound
19 and sound impacts.
20 • Asked if the Commission would entertain a new condition that non-amplified music be allowed
21 seven days a week until 10:00 p.m. indoors or outdoors. Even though the applicants are willing to
22 limit themselves would like to see them expand the live entertainment use. Providing for live
23 entertainment seven days a week would likely encourage/draw more people to visit the
24 Downtown to eat and shop such that other businesses in the Downtown area would be inclined to
25 expand their hours of operation to accommodate more patrons. It would be a win-win situation
26 because an increase in business benefits the business owner, as well as promotes/supports the
27 economic viability of the community.
28 • Proposes an additional condition 2(E) under Condition of Approval No. 2: `Non-amplified live
29 entertainment (acoustical, non-amplified sound) is allowed outdoors or indoors seven days a
30 week until 10:00 p.m.'
31
32 Staff: The City Zoning Code that regulates noise changes at 7:00 p.m. for the different zoning
33 designations. This then limits the level of noise that can be generated from amplified music so as not to
34 violate the noise ordinance.
35
36 Chair Pruden referred to Condition of Approval No. 11 and noted even though Commissioner poble's
37 suggestion is a good one, the use permit will be reviewed in a year to determine if the project, as
38 proposed, has complied with the conditions of approval. Consideration for expansion of live entertainment
39 could then be considered at this point.
40
41 Commissioner Brenner:
42 • Supports moving forward with Commissioner poble's recommendation of expanding the use
43 permit provision to include live non-amplified music outdoors and/or indoors seven days a week
44 until 10: 00 p.m., since the use permit must be reviewed in a year regardless and if the non-
45 amplified live entertainment does not work seven days a week outdoor, regulate this aspect of the
46 use permit and/or possibly limit such entertainment to occur indoors only, seven days a week. At
47 least this would give the applicants an option and see what happens subject to review by the
48 Commission in 12 months.
49 • Would be willing to risk the possibility that allowing non-amplified music seven days outdoors until
50 10:00 p.m. could trigger a violation of the noise ordinance.
51
52 Chair Pruden:
53 • Noted use permits are subject to revocation if there is a violation.
54 • Inquired about the parking accommodations. The staff report indicates 51 parking spaces are
55 available. The site plan shows 11 parking spaces on site. The business owner has a parking
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 12
1 agreement with the adjacent bank providing 40 parking spaces to The Office patrons on the bank
2 property after hours bringing the available parking to 51.
3
4 It was noted in addition to the parking accommodations there is on-street parking available. Also, many
5 patrons walk to The Office because of onsite drinking and The Office's location in the Downtown area.
6
7 Commissioner poble: Inquired if parking should be considered an issue and asked what does the term
8 'after hours' means taking into consideration the maximum density requirements for the site. Does the
9 scenario of proposed parking and events pertain to any day of the week or just the weekends?
10
11 Staff:
12 • The City is not regulating `special events' since the applicants' description is consistent with the
13 private party that would normally be hosted at a restaurant or bar. So if the event is a special
14 event/private party and does not involve live entertainment or the need for additional outdoor
15 seating, the event is not regulated by this use permit and is considered a private party. Parking
16 will only matter on those twice a month occasions when live entertainment is occurring or when
17 more outdoor seating is necessary for a special evenUprivate party.
18 • The Zoning Ordinance requires for the restaurant and bar is one parking space for every three
19 seats with a minimum of four spaces. Two separate businesses operate on the site, so based on
20 the project description The Office bar has 40 seats located within The Office which requires 13
21 parking spaces. Simona's has 52 seats, including the banquet room so 17 parking spaces are
22 required. The gazebos seat 24 people requiring eight parking spaces. The total number of seats
23 on site is 116, in which 38 parking spaces are required. With 11 parking spaces onsite and 40
24 overflow parking spaces available per an agreement from the bank for parking after bank
25 business hours, the total number of sparking spaces available is 51 for the project.
26 • Staff is asking if the Commission is concerned about parking accommodations for the live
27 entertainment events that can occur two times a month that would only be on weekends to
28 determine whether the parking is adequate for the project.
29 • The site is grossly under-parked without the 40 additional parking spots immediately south of The
30 Office on Umpqua Bank property.
31 • To staff's knowledge, parking for the two separate businesses has never been a problem and
32 there has been no complaints.
33 • Staff is pointing out while parking has not been an issue, an exception could occur for those
34 evenings when there are live entertainment.
35
36 Commissioner Sanders inquired about the building capacity for occupancy relevant to compliance with
37 the fire code with regard to the site, The Office, Simona's, and the deck.
38
39 Chair Pruden: The Fire Marshal makes these determinations.
40
41 It was noted per the B2 Infill Policy low intensity restaurants are acceptable uses. Accordingly, the
42 maximum density cannot exceed 72 people. Based on the project description the anticipated number of
43 people onsite on a regular basis at one time is 50 people, which leaves 22 people allowed to occupy the
44 restaurant. The peak time for The Office and Simona's are different and therefore it is unusual that both
45 businesses are at full capacity at the same time.
46
47 Commissioner Whetzel: Requested clarification with regard to the outdoor area that the restaurant use
48 will be allowed at night.
49
50 Staff: Simona's Italian restaurant or The Office can use the gazebos any way they choose. This aspect is
51 not being regulated. It is only if The Office wanted to have an outdoor event where they need additional
52 outdoor seating and/or live music that is being regulated since this is not allowed by right.
53
54 Chair Pruden asked if the Commission must specifically address 'the seasonal' component talked about
55 by the applicants' attorney.
56
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 13
1 Staff:
2 • Does not see a point in regulating whether or not The Office wants to have outdoor events in the
3 off-season and did not limit them to this. If someone wants to have an event `off season' and it
4 works for The Office, staff did not see a reason to prohibit it.
5 • As written, live entertainment has to comply with all of the requirements included in condition #2.
6 #B is the days and frequency allowed. However, any live entertainment has to comply with all
7 parts of condition #2 which limits live entertainment events to two times per month regardless of
8 indoor or outdoor. #C provides the hours for indoor live entertainment and #D provides the hours
9 for outdoor live entertainment.
10 • Given what Commissioner poble is recommending would have to revise the conditions of
11 approval as is being suggested.
12
13 There was further Commission discussion about the element of amplification versus non-amplification.
14
15 Commissioner Sanders does not support`amplification' of any kind outdoors.
16
17 Commissioner Whetzel pointed out the City Zoning Code regulates noise and the City noise ordinance
18 changes at 7:00 p.m. and differs according to the various zoning designations so live entertainment is
19 essentially regulated outdoors with regard to amplified versus non-amplified sound.
20
21 Staff: Acknowledged this and noted the zoning for the site is Community Commercial (C-1) whereas
22 directly across the street the zoning is residential so allowing more outdoor activity on the site past 7:00
23 p.m., could very well create a violation of the noise ordinance. Allowing non-amplified entertainment
24 indoors would not likely be a problem.
25
26 Commissioner poble: If there is a noise complaint and the Ukiah Police Department responds what is
27 the infraction/fine? Is it the business owner's responsibility to keep the noise level down? It appears the
28 noise ordinance could be violated by allowing the proposed new condition of non-amplified music
29 outdoors until 10:00 p.m. But then, there are likely other uses that could violate the noise ordinance too
30 that are allowed by the Zoning Code or that the Planning Commission may have approved in the past.
31
32 Does not see any difference with the new condition because the noise ordinance can be violated any time
33 after 7:00 p.m. no matter what they do at The Office.
34
35 Supports allowing for an expanded project for at least non-amplified music which from public testimony
36 allowing for amplified music is the biggest issue.
37
38 Commissioner Sanders:
39 • Cited Noise Ordinance section 6060: `Any person violating any of the provisions of this article
40 shall be deemed guilty of an infraction punishable by a fine not exceeding $100 for a first
41 violation; $200 for the second violation within one year; and $500 for each additional violation
42 within one year of committing the first offense.'
43 • Cautioned the Commission to consider that the new condition could add to an already
44 overburdened workload of the Ukiah Police Department should there be a noise violation and the
45 police department is called to respond.
46
47 There was Commission discussion whether or not it is a good idea to modify what has been proposed at
48 this time.
49
50 Staff: Is not so much concerned with Commissioner poble's proposal but rather is more concerned with
51 assuming that the neighbors are `okay' with expanding the hours of operation and allowing for non-
52 amplified live entertainment outdoors until 10:00 p.m. every day.
53
54 PUBLIC HEARING REOPENED: 8:30 p.m.
55
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 14
1 Erik Petersen:
2 • Commissioner poble is correct in that we as a community have to do what we can to help
3 businesses and encourage more people to experience the Downtown area.
4 • With regard to whether expanding the hours of operation and to allow non-amplified music is a
5 good idea, The Office is closed on Sundays so this would not occur on this day. Such a program
6 may be good for a special event such a baby shower.
7 • Acknowledged the new condition might be a problem even with non-amplified music, which could
8 violate the noise ordinance.
9 • Is willing to do whatever it takes to get this project to work for the community.
10 • While he agrees with the proposed new condition, does not want to jeopardize the project, as
11 proposed.
12
13 Marlin Lorenzi:
14 • Owns the parking lot across the street and noted the owners refuse to pay him for patrons of The
15 Office that park in his lot, which is a liability issue should a patron fall on his property. He finds
16 this to be disconcerting.
17 • Every night there is an evenUparty on the site, the neighbors have to listen to patrons of the
18 establishment talk loudly, set off-car alarms and/or other types of nuisance/disruptive impacts
19 after the event is over or the establishment closes.
20 • Does not support expansion of the hours of operation and include non-amplified music outdoors
21 until 10:00 p.m. nightly.
22
23 Patricia Walker:
24 • Amplified music is not the only issue. Noise from patrons outside in the parking lot, loitering,
25 talking, etc.
26 • Even if music is non-amplified allowing for a group of people every night until 10:00 p.m. outdoors
27 will disrupt the neighborhood with people congregating after the event or business closes
28 because she has experienced this impact many times.
29 • Does not support expanding the hours of operation.
30 • Is okay with the proposed project with the conditions as drafted.
31
32 PUBLIC HEARING CLOSED: 9:40 p.m.
33
34 Commission consensus:
35 • While expanding on the number of days live entertainment can occur specific to non-amplified
36 acoustical music may be beneficial and a good idea, the applicant and neighbors have found a
37 compromise with the proposed conditions of approval.
38 • The better approach at this juncture would be to approve the use permit for live entertainment as
39 proposed and revisit the use permit in a year to consider whether expanding the number of days
40 is a good idea.
41 • The proposed parking for the project is adequate.
42 • Supports approval of the project and corresponding conditions, as proposed.
43
44 M/S Whetzel/Brenner to approve The Office Outside Dining, Live Entertainment, and Special Event Use
45 Permit File No.: 12-11-UP-PC with Findings 1-6 and Conditions of Approval 1-26 with revision to
46 Condition of Approval No. 19 as recommended by the City Building Official. Motion carried (4-1).
47
48 AYES: Commissioners Brenner, Whetzel, Doble, and Chair Pruden
49 NOES: Commissioner Sanders
50
51
52 FINDINGS
53
54 USE PERMIT FINDINGS TO ALLOW
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 15
1 LIVE ENTERTAINMENT AND OUTSIDE DINNING
2 AT 131 EAST MILL STREET, APN 002-302-57
3 FILE NO: 12-11-UP-PC
4
5 The following findings are supported by and based on information contained in this staff report, the
6 application materials and documentation, and the public record.
7
8 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
9 Plan as described in the staff report and Table 1.
10
11 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in
12 Table 2 of the staff report.
13
14 3. The proposed project, as conditioned, is consistent with the Airport Compatibility requirements for
15 the B2 zone based on the following:
16
17 A. The project site currently contains a commercial structure that has been in operation
18 for many years as a bar and restaurant. The proposed uses would be ancillary to the
19 existing use and would occur occasionally(no more than twice a month).
20 B. Per the B2 Infill Policy (policy 2.1.6) low intensity restaurants, retail and offices are
21 acceptable uses in the B2 infill zone.
22 C. The In-Fill policy allows 90 people per acre for non-residential uses. Based on a .80
23 acre parcel, the maximum density cannot exceed 72 people (.80 acre site X 90
24 people/acre).
25 D. Based on the project description the anticipated number of people on site on a
26 regular basis at one time 50 people, this leaves 22 people allowed to occupy the
27 restaurant. Please note that the peak hours for each business is different and
28 therefore it is unusual that both businesses function at full capacity at the same time.
29
30 4. The proposed project, as conditioned, will not be detrimental to public health, safety and general
31 welfare based on the following:
32
33 A. Through the use permit, the operational characteristics are regulated and conditions
34 of approval have been added to reduce any adverse impacts as discussed above.
35 Therefore, the project would not be detrimental to the surrounding uses.
36 B. The Project, including the project description, Management Plan, and public
37 comment received, was reviewed by the Police Department. The Police Department
38 did not provide any conditions of approval for the Project. In addition, conditions 2 to
39 11 applied to the Project in order to address any adverse impacts of the Project and
40 the concerns expressed by neighbors, were discussed with the Police Department
41 and were acceptable.
42 C. The project has been reviewed by the Fire Marshal, Police Department, Building
43 Official, and Public Works and any review comments from these departments have
44 been included as conditions of approval.
45 D. The project is required to comply with all federal, state and local laws.
46 E. The project is consistent with the Airport Master Plan B2 compatibility zone
47 requirements as noted in Table3.
48
49 5. The proposed project is exempt from the provisions of the California Environmental Quality Act
50 (CEQA) pursuant to Section 15303 Class 3, conversion of small structures and Section 15301
51 Class 1, Existing Facilities based on the following:
52
53 A. The proposed project will be ancillary to an existing business and does not involve
54 hazardous materials.
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 16
1 B. The location is not environmentally sensitive and no drainage courses or bodies of water
2 (such as creeks or streams).
3 C. The site is developed with an existing building and parking lot, utilities and services
4 already are available at the site and no expansion of the existing building footprint is
5 proposed as part of the project.
6
7 6. Notice of the proposed project was provided in the following manner as required by the Zoning
8 Ordinance:
9
10 A. posted in three places on the project site on July 13, 2012;
11 B. mailed to property owners within 300 feet (includes all owners of Main Street
12 Townhomes)of the project site on July 13, 2012; and
13 C. published in the Ukiah Daily Journal on July 15, 2012.
14
15 CONDITIONS OF APPROVAL - USE PERMIT
16
17 USE PERMIT CONDITIONS OF APPROVAL TO ALLOW
18 LIVE ENTERTAINMENT AND OUTSIDE DINNING
19 AT 131 EAST MILL STREET, APN 002-302-57
20 FILE NO: 12-11-UP-PC
21
22 1. Approval is granted to allow live entertainment, outside dinning and special events as described
23 in the project description submitted to the Planning and Community Development Department
24 and date stamped May 31, 2012 and July 12, 2012 and the Management Plan date stamped July
25 12, 2012 except as modified by the following conditions of approval.
26
27 2. Live Entertainment is allowed subject to all of the following:
28
29 A. Live entertainment is allowed in the form of a live band and/or disc jockey. Live
30 entertainment may be amplified or non-amplified.
31
32 B. Live entertainment is allowed only on Friday or Saturday and may occur no more than two
33 times per month.
34
35 C. Within The Office, the hours for live entertainment are limited to 8:00 p.m. to 11:30 p.m. In
36 order to reduce noise when live entertainment is occurring within The Office, exterior doors
37 shall remain closed.
38 D. Outside The Office, live entertainment may occur on the lawn area. The hours for outdoor
39 amplified live entertainment are limited to 4:00 p.m. to 7:00 p.m. Non-amplified live
40 entertainment may occur until 10:00 p.m.
41
42 3. As part of a special evenUprivate party, outside dining may include temporary outdoor seating for
43 up to 26 people.
44
45 4. Special Events/Private Parties that include live entertainment and/or additional outdoor dining are
46 allowed subject to the following requirements:
47
48 A. Temporary outdoor seating for a maximum of 26 people may be set up on the lawn area.
49
50 B. Live entertainment is required to comply with condition of approval #2 above.
51
52 5. Prior to the commencement of any special events or live entertainment allowed as part of this
53 Use Permit, the applicant shall prepare draft language for signage to direct patrons to overflow
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 17
1 parking located at the Umpqua Bank parking lot and a site plan showing the location of the
2 signage for staff review and approval. The staff approved signage shall be installed prior to
3 commencement of any live entertainment or special events.
4
5 6. In the event the overflow parking located at Umpqua Bank parking lot is no longer available,
6 alternative overflow parking area shall be provided, subject to review and approval of the
7 Planning Department.
8
9 7. All employees of The Office shall be given a copy of the approved Management Plan and these
10 conditions of approval.
11
12 8. The Office shall be open no later than midnight on nights with live entertainment.
13
14 9. At least 14 days prior to the live entertainment event, the applicant shall inform the Police
15 Department and Planning and Community Development Department in writing of the date, time,
16 and type of event. This notification can be in the form of an email.
17
18 10. At least one owner of The Office shall be onsite during all live entertainment events.
19
20 11. This Use Permit shall be reviewed within 12 months of issuance by the Planning Director to
21 determine compliance with the conditions of approval, the number of Police calls and amount of
22 Police staff time associated with the Use Permit, and any complaints received. If the Planning
23 Director determines that the use is not in compliance with the conditions of approval and/or that
24 the use requires additional review, the Use Permit shall be scheduled for review by the Planning
25 Commission. Review of the Use Permit by Planning Commission shall include a public notice
26 and the applicant is responsible for paying the costs associated with Planning Commission review
27 of the Use Permit (cost recovery). If complaints are received during the first 12 months, this Use
28 Permit shall be reviewed annually by the Planning Director as described above. The Planning
29 Director shall determine if Planning Commission review of the Use Permit is required.
30
31 12. In order to reduce noise and loitering within the parking lot, at the close of business each night
32 The Office owners/staff shall ensure that their patrons have left the site by 12:30 a.m. each night.
33
34 13. Any modifications to the ABC license for the premises may require an amendment to this Use
35 Permit or a new Use Permit to allow an increase of the hours during which alcohol is served.
36
37 14. All provisions of the Management Plan to Operate The Office shall be adhered to at all times.
38
39 15. Bike parking to accommodate four bikes shall be installed. Inverted "U "style rack is preferred.
40 The applicant shall provide a site plan that shows the proposed location of the bike racks for staff
41 review and approval. Bike racks shall be installed in the location approved by staff prior to any
42 live entertainment event occurring on the site.
43
44 16. Activities approved as part of this Use Permit are subject to the requirements of Ukiah City Code
45 Division 7, Chapter 1, Article 6 (Noise Ordinance).
46
47 From the Fire Marshal (Chuck Yates)
48
49 17. Two exits are required at all times.
50
51 18. Emergency lighting is required from the location all the way to the "public way". This includes
52 stairways and the route out to Mill and Main Streets.
53
54 From the Buildinq Official
55
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 18
1 19. At no time shall there be more than 19 people dining or assembling on the second floor deck
2 unless details and calculations showing that the deck meets the minimum requirements of the
3 2010 California Building Code for floor loads and seismic bracing are submitted to the Building
4 Official for review and approval.
5
6 Standard Citv Conditions of Approval
7
8 20. Business operations shall not commence until all permits required for the approved use, including
9 but not limited to business license, tenant improvement building permit, have been applied for
10 and issued/finaled.
11
12 21. No permit or entitlement shall be deemed effective unless and until all fees and charges
13 applicable to this application and these conditions of approval have been paid in full.
14
15 22. The property owner shall obtain and maintain any permit or approval required by law, regulation,
16 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
17 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
18 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
19 and issued.
20
21 23. A copy of all conditions of this Use Permit shall be provided to and be binding upon any future
22 purchaser, tenant, or other party of interest.
23
24 24. All conditions of approval that do not contain specific completion periods shall be completed prior
25 to building permit final.
26
27 25. This Use Permit may be revoked through the City's revocation process if the approved project
28 related to this Permit is not being conducted in compliance with these stipulations and conditions
29 of approval; or if the project is not established within two years of the effective date of this
30 approval; or if the established use for which the permit was granted has ceased or has been
31 suspended for 24 consecutive months.
32
33 26. This approval is contingent upon agreement of the applicant and property owner and their agents,
34 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
35 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
36 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
37 aside, void or annul the approval of this application. This indemnification shall include, but not be
38 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
39 by any person or entity, including the applicant, arising out of or in connection with the City's
40 action on this application, whether or not there is concurrent passive or active negligence on the
41 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
42 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
43 remain in full force and effect.
44
45 Recess: 8:41 p.m.
46
47 Reconvene: 8:50 p.m.
48
49 10. NEW BUSINESS
50 10A. Election of Chairperson and Vice Chairperson
51
52 M/S Sanders/Doble to nominate and elect Judy Pruden as Chairperson and Mike Whetzel as Vice
53 Chairman. Motion carried (5-0).
54
55 11. PLANNING DIRECTOR'S REPORT
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 19
1 Staff noted the Planning Commission will be reviewing the Mitigated Negative Declaration for the DZC at
2 the regular August 8, 2012 Planning Commission meeting.
3
4 Commissioner Sanders: Asked about the Low Impact Development (LID) ideas that the Planning
5 Commission previously discussed about having some examples that may be not so much for the DZC
6 document and/or other documents but available as an appendix to City documents and/or reference
7 material for contractors and builders.
8
9 Staff: Staff is working on this matter.
10
11 12. PLANNING COMMISSIONERS' REPORT
12 Commissioner Whetzel: Airport Day went very well.
13
14 Commissioner Sanders: Provided copies of information about the City Master Tree List to
15 Commissioners Whetzel and Brenner.
16
17 Chair Pruden:
18 • Reported she and Commissioner Sanders attended a workshop on the Grace Hudson Park.
19 • The movies in the Alex Thomas Jr. Plaza are very successful.
20
21 13. ADJOURNMENT
22 There being no further business, the meeting adjourned at 9:04 p.m.
23
24
25 Cathy Elawadly, Recording Secretary
26
MINUTES OF THE PLANNING COMMISSION July 25, 2012
Page 20