HomeMy WebLinkAboutpcm_06082011 1 UKIAH PLANNING COMMISSION
2 June 8, 2011
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair None
7 Mike Whetzel
8 Jason Brenner
9 Linda Helland
10 Linda Sanders
11
12 STAFF PRESENT OTHERS PRESENT
13 Kim Jordan, Senior Planner Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by
19 Chair Pruden at 6:04 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
20 Ukiah, California.
21
22 2. ROLL CALL
23
24 3. PLEDGE OF ALLEGIANCE - Everyone cited.
25
26 4. APPROVAL OF MINUTES — May 25, 2011
27 The minutes from the May 25, 2011 meeting will be available for review and approval at the June 22nd
28 meeting.
29
30 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
31
32 6. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting,
33 the final date to appeal is June 20, 2011.
34
35 7. SITE VISIT VERIFICATION - Site visit for agenda item 9A was verified.
36
37 8. VERIFICATION OF NOTICE — Agenda item 9A was properly noticed in accordance with the
38 provisions of the Ukiah Municipal Code.
39
40 9. PRESENSTATION
41 9A. Presentation by BEANS (Better Eating, Activity, and Nutrition for Students). A presentation by
42 local teen peer educators identifying access and barriers to health and nutrition in our community.
43
44 A presentation was given by local teen peer educators talking about good eating habits, ways to promote
45 health/nutrition and make better choices. The information provided was educational/useful and well
46 received.
47
48 10. NEW BUSINESS—PUBLIC HEARING
49 10A. Doggy Daycare Use Permit: 11-04-UP-PC. Conduct a public hearing for a request for Planning
50 Commission approval for a Major Use Permit for a Doggy Daycare at 884 South State Street,
51 APN 003-072-03.
52
53 Associate Planner Faso gave a staff report and commented:
54 USES
55
MINUTES OF THE PLANNING COMMISSION June 8, 2011
Page 1
1 • Project is not an allowed or permitted use within the Community Commercial (C-1)zoning district.
2 • As allowed by the Zoning Ordinance, the Planning Director made a `Determination of Appropriate
3 Use' by determining the proposed doggy day care would be an appropriate use subject to
4 Planning Commission approval of a Major Use Permit.
5 • The dog care facility as proposed by the applicant would include 24-hour a day dog day care,
6 retail sales, self-wash dog station, grooming services and dog training classes.
7 • When the determination of appropriate use was made the proposed hours of operation were 6
8 a.m. to 6 p.m. Monday through Friday and 10 a.m. to 3 p.m. Saturdays and Sundays.
9 • The applicant has requested approval of a 24-hour dog day care facility. Staff and the Police
10 Department have concerns with this request given the project site is located adjacent to
11 residential zoning and there may be noise associated with this use. Therefore, staff has included
12 draft condition of approval #3 that limits the hours for dog day care.
13 • Should the Commission be in a position to extend the hours of operation as requested by the
14 applicant, condition of approval#3 and the finding would need to be revised.
15
16
17 Commission:
18 Q1. What were the Police Department concerns with having a 24-hour doggy day care operation?
19 Q2. Is the intent for a 24-hour operation for kennel purposes?
20 Q3. Clarify location of employee parking.
21 Q4. Why was a Landscaping Plan not included?
22 Q5. Are four employees the maximum plan or will there be more employees?
23
24 Staff:
25 Q1. The concerns about a 24-hour operation include the possibility of noise coming from the doggy
26 day care operation that would turn into a code enforcement and security issues.
27 Q2. The purpose is to provide for overnight accommodations for when a person is working later
28 hours. Staff's concern about a 24-hour operation is the facility is adjacent to residential uses.
29 Q3. Employee parking is located to the rear of the site.
30 Q4. The project is not new development, but rather a reuse of an existing building whereby no
31 landscaping is required.
32 Q5. Applicant is hopeful the business will expand enough to include four employees.
33
34 Chair Pruden: The project is a Use Permit and not a Site Development Permit that requires landscaping
35 whereby the main concern is the use.
36
37 Commissioner Sanders referred to Article 7 of the Zoning Code for requirements in the C-1 zoning
38 district that states all development projects in the C-1 zoning district requiring discretionary review shall
39 include a proposed landscaping plan and noted the language does not state the project has to be new
40 development in order to require landscaping and the project is located in the C-1 zoning district.
41
42 Staff: Acknowledged that while the language states all development projects in the C-1 zoning district
43 requiring discretionary review shall include a proposed landscaping plan, it is required that the
44 landscaping plan be commensurate with the size and scale of the proposed development project. From
45 staff's perspective, given the reuse of the building, the lack of opportunity for landscaping since the site is
46 concrete/asphalt, the work involved to provide landscaping did not seem commensurate with the impact
47 of the project and staff did not require landscaping. Staff has required landscaping for other Use Permits
48 when the opportunity has presented itself and the impacts have warranted themselves.
49
50 Commissioner Sanders:
51 • No trees are located on the site except for the three street trees.
52 • There is no shade on the parcel.
53 • There will be a maximum of 60 dogs using the facility and there is no screening to allow for the
54 problems associated with barking.
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1 • While the area associated with washing the dogs will go into the City sewer system, effluent and
2 solids from dogs outdoors will not. How will this be addressed?
3 • Effluent needs to be disposed of properly and fortunately there is no immediate City storm drain
4 system in the vicinity of the project for effluent to drain into. Landscaping and/or lawn area can
5 assist with absorbing effluent.
6 • Is concerned during storm weather how effluent on the site will be captured to prevent it from
7 ending up in the storm drain.
8 • Supports the project has landscaping.
9
10 PUBLIC HEARING OPENED: 6:34 p.m.
11
12 Commission:
13 Q1. Are there plans to paint the building?
14 Q2. Asked applicant to elaborate on the 24-hour dog day care service.
15 Q3. Is there some kind of treatment to sound proof the walls.
16
17
18 Linda Geurts, project applicant:
19 Q1. Will paint the building as opposed to having it commercially painted. No structural changes are
20 proposed to the exterior other than paint and the installation of new signs. Extra paint will be
21 saved to paint over the graffiti that is often displayed on this building.
22 Q2. A 24-hour dog day care operation would allow a person working later/extended hours to be able
23 to have his/her dog cared for overnight. The plan is to have dog day care indoors whereby areas
24 will be sectioned off so smaller dogs are not with bigger dogs. The dogs will be screened as to
25 behavioral characteristics, health, and other relative important social/medical/special needs
26 and/or issues.
27 Q3. It is possible to sound-proof the walls, but costly.
28
29 Linda Geurts:
30 • Dogs are less likely to bark when they are in a segregated group setting.
31 • The sectioned off areas will have amenities such as beds and/or other amenities related to dog
32 care.
33 • A trained staff member will be on-site 24-hours.
34 • The business will not operate 24-hours until a client base is established and 24-hour operation
35 becomes cost effective.
36 • Many of the clientele will come from the applicanYs former dog grooming business since many of
37 these clients expressed a need for having their dogs kenneled.
38 • Would like the opportunity to have indoor dog training classes in the evening and conduct
39 training and agility classes outdoors when the weather is nice.
40 • A 'powerloo' pet waste management system will be installed indoors in the cemented area at the
41 rear of the building to dispose of effluent and solid waste.
42 • Provided an explanation and specifications on how the `powerloo' pet waste management system
43 works that will trigger a new sewer hook-up.
44 • The outside solid waste will be picked up and disposed of in the `powerloo.'
45
46 Chair Pruden: Project would be a good candidate for the Fa�ade Improvement Program if the
47 boundaries were extended to this area of town.
48
49 There was Commission discussion how effluent will be treated when the dogs are outdoors.
50
51 Commissioner Sanders would like to see some vegetation such as a lawn area so when the yard is
52 hosed off will act as a filtration to capture runoff before it goes into the gutter and eventually into the City's
53 storm drain system.
54
MINUTES OF THE PLANNING COMMISSION June 8, 2011
Page 3
1 Linda Geurts: The building is very old and there is concrete all the way to the entrance of the building.
2 There is no landscaping and there are no irrigation.
3
4 Commission:
5 • Suggested constructing a 'sandbox' outdoors to capture effluent and/or solids.
6 • Expressed concerned there is essentially no shade on the site. Observed there may be some
7 shade relief from trees along the western property line.
8
9 Linda Geurts: Dogs will be indoors during most of the day when it is hot. The building has a swamp
10 cooling system to cool the building.
11
12 Chair Pruden: It is likely the dogs attending the day care facility are probably pampered, well-cared for
13 and well-behaved. It is unlikely that 'ranch dogs'will be utilizing the dog day care facility.
14
15 PUBLIC HEARING CLOSED: 6:44 p.m.
16
17 Chair Pruden: John Chan is the owner of the building and he may be willing after the building begins to
18 generate revenue to make outdoor improvements and provide for landscaping amenities.
19
20 PUBLIC HEARING REOPENED: 6:46 p.m.
21
22 Commissioner Sanders: Would like to see some trees such as Redwoods for screening purposes along
23 the perimeter of the property to help screen potential noise impacts, such as barking.
24
25 John Chan: Would be amenable to making outdoor improvements to provide for some landscaping
26 amenities, including trees, with irrigation, along the rear property line to provide screening and shade.
27
28 PUBLIC HEARING CLOSED: 6:54 p.m.
29
30 There was additional discussion and concern expressed about allowing for a 24-hour operation in terms
31 of potential noise impacts, security issues and other relative issues that would be associated with a 24-
32 hour dog day care operation and whether or not it is a good idea. There was further discussion about
33 discretionary review when and if the applicant is ready to expand her operation provided there have been
34 no neighborhood complaints about the operation and agreed the best approach would be to require an
35 amendment to the use permit that would be subject to approval by the Zoning Administrator.
36
37 General Commission consensus:
38 • While the Commission supports landscaping, it would not be made a condition of the use permit.
39 Would like to see some planters and/or other landscaping features that can be done to improve
40 the appearance of the site.
41 • Add a condition that future expansion of the dog day care services to a 24-hour operation
42 requires an amendment to the use permit subject to review and approval of the Zoning
43 Administrator.
44 • Add a condition that prior to the issuance of a building permit the applicant shall submit a plan
45 that describes what measure will be taken to prevent dog effluent from draining into the storm
46 drain system, subject to review and approval by the Public Works Department.
47 • To address potential noise impacts, condition of approval #6 provides if complaints are received
48 related to noise the business owner shall take measures to install sound attenuation devices,
49 subject to staff review and approval.
50 • No change to Condition of Approval#3.
51 • Agrees with staff's analysis concerning the parking for the project.
52 • Approves of the project.
53
54 Commissioner Sanders: Is of the opinion a landscaping plan for the project should be required.
55
MINUTES OF THE PLANNING COMMISSION June 8, 2011
Page 4
1 M/S Whetzel/Helland to approve Doggy Daycare Use Permit 11-04-UP-PC with Findings 1-7 and the
2 addition of two conditions as referenced above and Conditions of Approval 1-21 to be renumbered as
3 necessary. Motion carried by the following roll call vote:
4
5 AYES: Commissioners Whetzel, Helland, Brenner and Chair Pruden
6 NOES: Commission Sanders
7
8 FINDINGS
9
10 USE PERMIT FINDINGS TO ALLOW
11 A DOG DAY CARE FACILITY AT
12 884 SOUTH STREET, APN 003-072-03
13 FILE NO: 11-04-UP-PC
14
15 1. The following findings are supported by and based on information contained in this staff report,
16 the application materials and documentation, and the public record.
17
18 2. The proposed project, as conditioned, is consistent with the goals and policies of the General
19 Plan as described in the staff report and Table 1.
20
21 3. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in
22 Table 2 of the staff report.
23
24 4. The proposed use is allowed with a use permit based on the Determination of Appropriate Use
25 made by the Planning Director as allowed by zoning ordinance section 9088.
26 a. The project, as conditioned, is compatible with surrounding uses based on the following:
27 b. The project site is located within an existing commercial area and is surrounded mainly
28 by commercial uses.
29 c. The proposed project will occupy a building which is currently vacant and therefore use of
30 the building would be an asset to the neighborhood and will draw people to the area.
31 d. The hours of operation will be consistent with other business in the area.
32
33 5. The proposed project, as conditioned, will not be detrimental to public health, safety and general
34 welfare based on the following:
35
36 a. Through the use permit the hours of operation will be regulated, therefore the project will
37 not be detrimental to the surrounding residential uses.
38 b. There are ten parking spaces located on site in the front for customers and the
39 employees will be required to park in the rear of the site.
40 c. The dogs will only be permitted outside between the hours of 8:00 a.m. and 6:00 p.m.
41 therefore noise related to barking will not be detrimental to surrounding neighbors.
42 d. A condition of approval has been added that if the City receives complaints related to
43 noise the business owner must made provisions for noise attenuation.
44 e. The project has been reviewed by the Fire Marshal, Police Department, Building Official,
45 and Public Works and any requirements have been includes as conditions of approval.
46 f. The project is required to comply with all federal, state and local laws.
47
48 6. The proposed project is exempt from the provisions of the California Environmental Quality Act
49 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures,
50 which allows structures up to 10,000 square feet in urbanized areas when the use does not
51 involve significant amounts of hazardous materials, where all necessary public services and
52 facilities are available, and the surrounding area is not environmentally sensitive based on the
53 following:
54
55 a. The total building square footage is 4,450 square feet.
MINUTES OF THE PLANNING COMMISSION June 8, 2011
Page 5
1 b. The business does not use hazardous materials.
2 c. The location is not environmentally sensitive and no drainage courses or bodies of water
3 (such as creeks or streams).
4 The site is developed with an existing building which already has utilities and services
5 available at the site and no expansion of the existing building footprint is proposed as part
6 of the project.
7
8 7. Notice of the proposed project was provided in the following manner as required by the Zoning
9 Ordinance:
10
11 a. posted in three places on the project site on May 27, 2011;
12 b. mailed to property owners within 300 feet of the project site on May 27, 2011;
13 c. published in the Ukiah Daily Journal on May 29, 2011;
14
15 CONDITIONS OF APPROVAL
16
17
18 USE PERMIT CONDITIONS OF APPROVAL TO ALLOW
19 A DOG DAY CARE FACILITY AT
20 884 South State Street, APN 003-072-03
21 FILE NO: 11-04-UP-PC
22
23 1. Approval is granted for operation of a Dog Day Care Facility that includes retail sales, dog
24 grooming and dog training classes at 884 South State Street as described in the project
25 description and shown on the plans submitted to the Community Development and Planning
26 Department and date stamped April 12, 2011, except as modified by the following conditions of
27 approval.
28
29 2. The use permit is granted to operate a Dog Day Care Facility that includes the following uses:
30 a. Dog Day Care for a maximum of 60 dogs;
31 b. Dog Training Classes; and
32 c. Dog Grooming including one self-wash dog station.
33
34 3. The use permit is granted subject to the following operating characteristics:
35 a. The Doggy Day Care shall operate 6 a.m. to 7 p.m. Monday through Friday and 10:00
36 a.m. to 3:00 p.m. Saturday and Sunday;
37 b. Outside hours for the dogs shall only be between 8:00 a.m. and 6:00 p.m.
38 c. The facility shall have a maximum of four(4)employees.
39
40 4. Plans submitted for building permit shall include the following and are subject to staff review and
41 approval:
42
43 a. A site plan that shows the striped parking in the front of the building.
44 b. Notes on the plans that indicate that the parking spaces designate for the employees are
45 located at the rear of the site.
46 c. A new solid six foot fence located at the rear of the property, to further separate the
47 adjacent residential uses and the proposed project.
48
49 5. Prior to occupancy the following shall be completed and are subject to staff approval:
50
51 a. The broken slats in the existing chain link fence that surrounds the property shall be
52 replaced to provide solid screening, subject to staff review and approval.
53 b. The parking lot shall be striped for (10) ten parking spaces, subject to staff review and
54 approval.
MINUTES OF THE PLANNING COMMISSION June 8, 2011
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1 c. The new six foot fence shown on the building permit plans shall be installed, subject to
2 staff review and approval.
3
4 6. If complaints are received related to noise the business owner shall take measures to install
5 sound attenuation devices, subject to staff review and approval.
6
7 7. Prior to installation of any signs, application for and approval of a sign permit from the
8 Planning and Community Development Department is required.
9
10 8. No outside display of items shall be permitted.
11
12 From the Planninq Commission
13
14 9. Future expansion of the dog day care services to a twenty four hour (24) operation requires
15 an amendment to the use permit and is subject to review and approval by the Zoning
16 Administrator.
17
18 10. Prior to building permit issuance the applicant shall submit a plan that describes what
19 measures will be taken to prevent dog effluent from draining into the storm drain system,
20 subject to review and approval by the Public Works Department
21
22 From the Building Official ( David Willoughby 467-5718)
23
24 11. The change of occupancy to retail will require an accessible entrance to the building, an
25 accessible bathroom and an accessible counter at the point of sale.
26
27 12. When the total construction cost of alterations does not exceed $132, 536.28, then the minimum
28 of 20% of the cost of construction shall be applied toward removing barrier and increasing
29 accessibility to the existing building and the facility The order of improvements to be made is as
30 follows:
31 1. accessible entrance
32 2. accessible route to the altered area
33 3. accessible restroom
34 4. accessible telephones
35 5. accessible drinking fountains
36 6. accessible parking
37
38 13. If the total construction cost of the alteration exceeds the above threshold then all requirements
39 for accessibility shall comply with the requirements of Division I for new buildings.
40
41 From the Public Works Department( Ben Kaqevama 463-6284)
42
43 14. The existing sanitary sewer lateral shall be tested in accordance with City of Ukiah Ordinance No.
44 1105, and repaired or replace if required. Applicable City of Ukiah sewer connection fees shall be
45 paid at the time of building permit issuance.
46
47 15. If the building permit value is equal to or greater than one-third of the value of the existing
48 structure, curb, gutter, sidewalk, and street trees, along the subject property street frontage will
49 be evaluated, and may be required to be constructed upgraded pursuant to Section 9187 of
50 Ukiah City Code.
51
52 Standard Citv Conditions of Approval
53
54 16. Business operations shall not commence until all permits required for the approved use,
55 including but not limited to business license, tenant improvement building permit, have been
56 applied for and issued/finaled.
MINUTES OF THE PLANNING COMMISSION June 8, 2011
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1
2 17. No permit or entitlement shall be deemed effective unless and until all fees and charges
3 applicable to this application and these conditions of approval have been paid in full.
4
5 18. The property owner shall obtain and maintain any permit or approval required by law,
6 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
7 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
8 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
9 Permit is approved and issued.
10
11 19. A copy of all conditions of this Use Permit shall be provided to and be binding upon any future
12 purchaser, tenant, or other party of interest.
13
14 20. All conditions of approval that do not contain specific completion periods shall be completed prior
15 to building permit final.
16
17 21. This Use Permit may be revoked through the City's revocation process if the approved project
18 related to this Permit is not being conducted in compliance with these stipulations and conditions
19 of approval; or if the project is not established within two years of the effective date of this
20 approval; or if the established use for which the permit was granted has ceased or has been
21 suspended for 24 consecutive months.
22
23 22. This approval is contingent upon agreement of the applicant and property owner and their agents,
24 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
25 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
26 brought against any of the foregoing individuals or entities, the purpose of which is to attack,
27 set aside, void or annul the approval of this application. This indemnification shall include, but not
28 be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be
29 asserted by any person or entity, including the applicant, arising out of or in connection with the
30 City's action on this application, whether or not there is concurrent passive or active negligence
31 on the part of the City. If, for any reason any portion of this indemnification agreement is held to
32 be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement
33 shall remain in full force and effect.
34
35 11. NEW BUSINESS
36
37 11A. Election of Chairperson. Election of a Planning Commission chairperson as required by the
38 Planning Commission Procedures of Conduct.
39
40 M/S Commissioner Whetzel/Helland nominated Judy Pruden as Chair of the Planning Commission.
41 Motion was carried by an all aye voice vote. (5-0).
42
43 12. PLANNING DIRECTOR'S REPORT
44 The Commission will have the opportunity to review the revised Airport Land Use Plan.
45 At the request of the Commission, the draft Ukiah Municipal Airport Building and Land Use Development
46 Plan Guidelines will be introduced for discussion at the regular June 22 Commission meeting.
47
48 The Commission will likely review the Walmart EIR at one of the regular July Commission meetings.
49
50 13. PLANNING COMMISSIONERS' REPORT
51 Commissioner Sanders inquired whether there will be a follow-up meeting/workshop with Council
52 concerning the DZC?
53
54 Staff noted the next step will be discussion of 'New Topics' that are included in the document and policy
55 decisions thereof.
56
MINUTES OF THE PLANNING COMMISSION June 8, 2011
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1 Chair Pruden reported `Taste of the Downtown' will be this Friday from 5-8:00 p.m.
2
3 Commissioner Helland thanked Linda Sanders for her article concerning the DZC that was recently
4 featured in the Ukiah Daily Journal.
5
6 Mike Whetzel reported Airport Day is Saturday, June 10.
7
8 14. ADJOURNMENT
9 There being no further business, the meeting adjourned at 8:06 p.m.
10
11
12
13 Cathy Elawadly, Recording Secretary
14
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