HomeMy WebLinkAboutpcm_03252009 MINUTES
CITY OF UKIAH PLANNING COMMISSION
March 25, 2009
MEMBERS PRESENT OTHERS PRESENT
Judy Pruden, Chair Listed below, Respectively
Anne Molgaard, Vice Chair
Linda Sanders
Linda Helland
Mike Whetzel
STAFF PRESENT MEMBERS ABSENT
Charley Stump, Director of Planning None
Kim Jordan, Senior Planner
Jennifer Faso, Associate Planner
Cathy Elawadly, Recording Secretary
1. CALL TO ORDER
The regular meeting of the City of Ukiah Planning Commission was called to order by
Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
Ukiah, California.
2. ROLL CALL
Roll was taken with the results listed above.
3. PLEDGE OF ALLEGIANCE
Everyone recited the Pledge of Allegiance.
A moment of silence was observed in memory of Ken Anderson, a former Planning Commissioner.
4. SITE VISIT VERIFICATION —Site visits for agenda items 9A and 9B were verified.
5. APPROVAL OF MINUTES—March 11, 2009
The following changes were requested:
Page 2, Paragraph 2, Reference to Chair Pruden — Page 8, size — Trees, Shrubs and Groundcover,
1-All trees should be of 15' gallon to 24" box in size, to read, `Should be called by `box size' such as
#15 box size or 24 box size.'
Page 6, Paragraph 1, The bulleted comments are those of Commissioner Helland.
Page 6, combine Chair Pruden comments into one paragraph and move Russell Leepin responses to
end of her comments.
Page 9, Commissioner Comments for Chair Pruden revised to read, `Chair Pruden commented on the
proposed acknowledgement and placement of new pedestrian signs in the Downtown.'
M/S Helland/Sanders to approve March 11, 2009 minutes, as amended with Commissioner Whetzel
abstaining. Motion carried.
6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS- None.
7. APPEAL PROCESS— For matters heard at this meeting, the appeal date is April 6, 2009.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 1
8. VERIFICATION OF NOTICE — Use Permit 09-13-UP-PC and Variance and Site Development
Permit 09-11-VAR-SDP-PC were properly notice in accordance with the provisions of the Ukiah
Municipal Code.
9. PUBLIC HEARING
9A. Use Permit 09-13-UP-PC, Request for approval of a Use Permit to construct a garage in the
Single-Family Residential and Hillside Combining District, 1216 West Standley Street,
APN 001-120-10.
Senior Planner Jordan commented:
• Project involves new construction of a garage structure and demolition of the existing
structure in the same basic location encompassing a slightly larger footprint.
• Approval of a Major Use Permit is necessary for construction in the Hillside Combining
Zoning District when any portion of the site has an average grade greater than 15%.
• Pages 1-3 of the staff report addresses staff's analysis of the project for compliance with the
Ukiah General Plan, the applicable zoning code for such issues as height and setbacks, and
other issues of relevance.
• An e-mail dated March 25, was received by neighbor Nadine Wood expressing drainage
concerns with regard to the project.
• Staff recommends approval.
Commissioner Sanders inquired whether the use of permeable surfacing has been explored.
Staff stated the City Engineering Department has standard requirements for the type of
surfacing/paving required. Repaving may not be necessary.
Commissioner Helland addressed the drainage concerns expressed in the e-mail and stated gutters
are proposed for the new project.
Staff stated the issue of drainage/water runoff will be addressed by the City Building and Public
Works Departments and mitigations measures will be implemented if necessary.
PUBLIC HEARING OPENED: 6:12:04 PM
Nadine Wood is concerned the project could create drainage problems to her property.
Bill Christensen stated the geotechnical studies for the project will address how surface water
drainage will be diverted to the proper outlets and/or mitigated on-site. The new structure will have
gutters unlike the existing garage structure.
Commissioner Whetzel stated the hillsides are known to become water saturated during the winter
months associated with the presence of underground springs creating excess water and drainage
problems for residents in the area.
PUBLIC HEARING CLOSED: 6:18 p.m.
M/S Molgaard/Helland to approve Major Use Permit 09-13-UP-PC with Findings 1-6 and Conditions
of Approval 1-7 as outlined in the staff report and as discussed above. Motion carried by an all AYE
roll call vote of the Commissioners present.
FINDINGS
Use Permit to Construct a Garage in the Hillside Combining District
1216 West Standley Street, APN 001-120-10
Application#09-13-UP-PC
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Page 2
The following findings are supported by and based on information contained in this staff report, the
application materials and documentation, and the public record.
1. The proposed project is consistent with the Single-Family General Plan land use designation
of the property in that garages are a typical land use accessory to the single-family use of the
property and the project involves the construction of a new larger garage to replace an
existing dilapidated garage.
2. The proposed project is consistent with the applicable requirements of the Single-Family
Residential zoning district in that: 1) garages are an allowed use in the district pursuant to
Section 9016 (accessory buildings) and 2)the height of the garage is less than the maximum
allowed height of 20 feet or the height of the main building, whichever is less (Section
9018B). The required setbacks for the building are determined by the Hillside Combining
district.
3. The proposed project is consistent with the applicable requirements of the Hillside Combining
district in that: 1) Section 9139 requires Planning Commission approval of a use permit for
new construction when any portion of the property has a slope greater than 15% and 2) the
location of the garage is consistent with the minimum setbacks of 25-feet front and rear, and
6-feet side required pursuant to Section 9136.
4. The proposed project is exempt from the provisions of the California Environmental Quality
Act pursuant to 15301, Class 1(14), Existing Facilities, which allows the demolition of
accessory structures including garages and Section 15303, Class 3(e), New Construction,
which allows the construction of accessory structures including garages.
5. The proposed project is compatible with the surrounding land uses in that: 1) the project will
replace an existing garage with a new garage which would be approximately 210 square feet
larger than the existing garage and would be located in approximately the same location as
the existing garage and 2) the project is located in an area developed with single-family
residences and residential accessory buildings, including garages.
6. The proposed project, as conditioned, will not be detrimental to the public's health, safety or
general welfare in that the project is required to comply with the: 1) California Building Code,
including but not limited to Chapter 7A due to the location of the project site in the Very High
Fire Severity Zone 2) Fire Code 3) City's Noise Ordinance, except as modified by condition
#11 and 4)all other applicable City, Local Agency, State and Federal requirements.
CONDITIONS OF APPROVAL
Use Permit to Construct a Garage in the Hillside Combining District
1216 West Standley Street, APN 001-120-10
Application#09-13-UP-PC
1. Approval is granted for the construction of a 630 square foot garage as shown on the plans
received in the Community Development and Planning Department and date stamped March
16, 2009, except as modified by these conditions of approval.
2. All construction vehicles and equipment, materials, and similar items shall be kept outside the
dripline of trees to avoid compacting the soil, which can prevent water from reaching the roots
and stress the tree's ability to adapt to the changed situation.
3. Construction waste, including but not limited to concrete washings, paint, paint thinner, oil,
gasoline, other chemicals and chemically contaminated water, shall not be poured within the
dripline of any tree as they can cause severe damage and possibly kill even large trees.
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4. Plans submitted for building permit shall include protective fencing/barrier located outside of
the dripline of the existing trees that will remain. The proposed type (height and materials)
and location shall be shown on the building permit site plan and are subject to staff review
and approval. The approved fencing shall be installed prior to issuance of building permit and
shall not be removed until construction has been completed.
5. On plans submitted for building permit, these conditions of approval shall be included as
notes on the first sheet of the plans.
6. No permit or entitlement shall be deemed effective unless and until all fees and charges
applicable to this application and these conditions of approval have been paid in full.
7. The property owner shall obtain and maintain any permit or approval required by law,
regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
Permit is approved and issued.
8. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
future purchaser, tenant, or other party of interest.
9. All conditions of approval that do not contain specific completion periods shall be completed
prior to building permit final.
10. This Use Permit may be revoked through the City's revocation process if the approved
project related to this Permit is not being conducted in compliance with these stipulations and
conditions of approval; or if the project is not established within two years of the effective date
of this approval; or if the established use for which the permit was granted has ceased or has
been suspended for 24 consecutive months.
11. Construction hours shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday unless
additional construction hours are requested in writing by the applicant and reviewed and
approved by the Planning Director.
From the Buildinq Official (David Willouqhbv)
12. A building permit and demolition permit are required.
13. Plans submitted for building permit shall include a Geotechnical Report addressing alternate
setbacks to slopes greater than 3 to 1 and conclusions for the site. Recommendations
included in the Geotechnical Report shall be incorporated into the building permit plans.
14. The subject property is located in the Very High Fire Severity Zone of the Local Responsibility
Area and, therefore, any new building construction is required to meet the requirements of
Chapter 7A in the 2007 California Building Code. These requirements shall be incorporated
into the plans submitted for building permit.
From the Fire Marshal (Chuck Yates)
15. The subject property is located in the Very High Fire Severity Zone of the Local Responsibility
Area and, therefore, any new building construction is required to meet the requirements of
Chapter 7A in the 2007 California Building Code. These requirements shall be incorporated
into the plans submitted for building permit.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
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From the Public Works Department(Ben Kaqevama. Senior Civil Enqineer)
16. Any work within the public right-of-way shall be performed by a licensed and properly insured
contractor. The contractor shall obtain an encroachment permit for work within this area or
otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated
construction costs.
17. All areas of on-site circulation, including driveway and parking areas shall be paved with a
minimum of 2 inches of AC on 6 inches of base, or other alternative surfacing as approved by
the City Engineer.
9B. Variance and Site Development Permit 09-11-VAR-SDP-PC, Request for approval of
variances from the Sign Ordinance and a Site Development Permit for new signs at Be-Bops
Restaurant.
Chair Pruden emphasized the importance for the Commission to listen to all aspects of a discussion
for projects that may be somewhat controversial or have extraordinary circumstances.
Senior Planner Jordan commented:
• The applicant is requesting three variances to allow: 1) the use of neon on a freestanding
sign and six separate building mounted signs; 2) outlining of the building in neon; 3) the
freestanding sign to project over the roof. A Major Site Development Permit is requested to
allow the height of the sign to exceed the height of the roof.
• The subject property was previously used as a bank and has been vacant for two plus years.
• Be-Bops is a new 1950s themed diner.
• The applicant is proposing to install the signs in two phases as addressed on page 1 of the
staff report.
• The project complies with the General Plan and C-2 Zoning District standards where a
restaurant requires approval of a use permit. A Minor Use Permit for the restaurant was
conditionally approved by the Zoning Administrator.
• The project does not comply with the City Sign Ordinance. While the proposed project
complies with the requirements for maximum sign area and location, project inconsistencies
have been identified and they are addressed on pages 2 and 3 of the staff report. The Sign
Ordinance allows variances from the strict application of the requirements whereby the strict
application in this instance would require changes to the proposed signs.
• Staff is of the opinion the strict application of the ordinance would be inconsistent with the
`purposes' of the sign ordinance and this aspect is addressed on page 3 of the staff report.
• The Sign Ordinance also requires that historical and architectural significance based upon
age, design, and construction materials be utilized when considering the appropriateness of
variances and staff addresses these aspects on pages 3 and 4 of the staff report.
• Three findings with regard to `special circumstance', `special privilege' and 'detrimenY must
be made before a variance can be granted and the findings made by staff in support of the
variances are specifically addressed on pages 4 and 5 of the staff report.
• With a Site Development Permit (SDP), the sign may exceed the height of the building and
the maximum height of the sign cannot exceed 30 feet. The proposed sign is comprised of
the name of the business, BeBop Diner, and a milkshake with a straw and cherry would be
centered on the existing sign pole as referenced on `Attachment 3.' The proposed sign would
be a maximum height of 27' 2" measured from grade to the top of the sign. The existing sign
pole measures 30 feet in height and the existing sign cabinet 25' 6" in height. The proposed
sign measured to the top of the straw would be approximately 20" taller than the existing sign
cabinet. The project includes the removal of the existing sign cabinet and the portion of the
existing sign pole that extends above the proposed new sign as shown in `Attachment 3.'
Specific findings are also required for approval of the SDP and are addressed on pages 5
and 6 of the staff report for the project.
• Staff has also included draft CEQA findings for the BeBop variance and SDP project.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 5
• Staff recommends approval of the proposed variances and SDP based on the draft findings
and subject to conditions of approval.
Commissioner Helland — State regulations provide that `a variance runs with the land' and inquired
whether a variance is transferable in the event the property changes ownership.
Staff response: The proposed sign advertises the restaurant business only wherein a new sign would
be required should another business operate on the site.
Chair Pruden - The bank has not been in operation for two years so the height of the existing pole
sign in the current cabinet is not`grandfathered in.' The use expires after six months.
PUBLIC HEARING OPENED: 6:27:20 PM
Butch Bainbridge commented on the project:
• Does not typically ask for a variance for projects.
• The proposed project is unique.
• Neon lighting was very popular in the 1950s and is important for the proposed project in
keeping with the 50s theme for the advertisement of diners.
• He is of the opinion the sign is workable and does not support reducing the height of the sign
to the roofline of the building or below from an aesthetics standpoint relative to maintaining
the appropriate scale and proportion to the building and because it would take away from
overall effect of the theme. The component of the sign that exceeds the height of the building
limit is essentially the straw, which in terms of mass is a small portion. By today's standards,
signs were typically oversized and larger than scale in proportion to the building during the
1950s era.
• The sign was designed to look `vintage' as if it has been in existence since the 1950s.
• `Attachment 3' provides a brief history about the popular use of exposed neon tubing for
advertising purposes. The intent of the new project is to maintain/capture that sensitivity of
how neon signage would have been used on a 1950s Highway 101 diner. The shapes and
theme of the project were inspired by memories of other notable historical establishments,
such as Flavor Land or the Ice Cream Cone demonstrating the effective use of neon in a
tasteful and creative manner.
• He is also of the opinion the project would substantially enhance that part of South State
Street with the amount of positive energy and color it will generate. The request for a
variance and SDP is a reasonable request.
• The project is proposed in two phases. Phase I includes 1 freestanding pole sign with
exposed neon and sculpted metal fabricating the design of a 1950s era and 2 rows of
exposed neon border tubing to outline the unique shape of the building. Phase II includes 2
sets of exposed neon on the fascia.
• The proposed pole sign height is taller than would be typical of a new business due to it's
proximity to the building fascia as well as the era of the design.
• Adjacent signs at the Ukiah's Ford and Motel 6 are of similar and larger scale.
• The proposed sign is the same size and height as the former bank sign cabinet.
• The proposed sign area is substantially less than what is allowed under the current Sign
Ordinance.
• Attachment 3 shows the sign dimensions drawn to scale and the color scheme.
• The intent of the project is to bring something new and fun to Ukiah.
• His letter dated 3-11-09 addresses the findings:
1. Special Circumstances/Historic theme - Exposed neon is the artistic medium of the
1950s era signage. Other historic establishments were not only allowed, but
embraced. Exposed neon as proposed is typically found along old State Highway
routes such as State Street in Ukiah.
Architecture — Local research has also revealed that Ukiah's `Flavor Land' brought a
similar round building architecture to South State Street.
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2. Special Privilege—The issuance of a variance would not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the vicinity and
subject to identical zoning regulations given examples of establishments that use
exposed neon signs in Ukiah. The letter/staff report names such examples.
3. Detriment to Surrounding Properties — The granting of the variance would not be
detrimental to surrounding property owners. The property has been vacant for years
creating blight, as well as an opportunity for undesirable people to hang out and
vandalize. A well-illuminated restaurant will be an asset to its neighboring
businesses.
Michael Cox supports the project as an example of historical `Route 66' and how large neon signs
got people off the highway and into diners. A lot of thought went into fabricating a sign of the 1950s
era.
Chair Pruden — questioned the possibility of placing exposed neon tubing around the building
underneath the canopy either above or at the level of the windows
Mr. Bainbridge stated it is structurally problematic because the attic is not accessible and it would
not be possible to go beneath the fascia. Also, in his opinion, changing the location of the neon tubing
around the building would not be architecturally pleasing.
Chair Pruden — questioned whether the neon lighting for the project would have a softer glow or
resemble the intensity of the Applebees neon sign.
Mr. Bainbridge acknowledged the brightness of the Applebees neon sign and stated while neon red
is proposed as one of the exposed neon outlines, the intensity can be mitigated.
Dotty Coplan referred to the goals/objectives of what was discussed at the Charrettes for the
Downtown Form Based Zoning Code, and commented this project does not correspond with those
objectives.
It was noted the property is not located in the Downtown area, but in south end of town and where
Highway 101 once went through Ukiah.
Ziyad Ibrahim is committed to producing a quality project and is of the opinion he has done just that.
The design aspects have been carefully researched to resemble the historical 50s era when diners
were very popular. The project will be an enhancement to the south end of town. He addressed the
proposal of reducing the neon lighting under the canopy at window level, and stated it may hard on
the eyes of the customers. As the owner of Stars restaurant, customers have indicated the neon
lighting inside the establishment is uncomfortable. He is also not supportive of shortening the height
of the sign in order to preserve the design objective of an authentic 50s diner. Changes however
minimal would result in the loss of the value of the design and this would not be easy to accept.
Commissioner Molgaard recommended lowering the word `Diner' on the pole sign to the height of
the `Burgers, Shakes, and Fries' signs on the fascia of the building or below without interfering with
this signage.
Ziyad Ibrahim stated if the pole were lowered, it would like look as though the sign is coming out of
the building.
Mr. Bainbridge stated variations of design concepts were considered and discounted because they
would not be as architecturally pleasing and compatible with the original intent/theme of the project.
The pole sign would not look like a pole sign if the height were reduced and it would not be in scale
and proportion with the proposed neon signage on the building. The design aspects would cause the
scope of the project to be disproportional and out of context with the one another. He supports the
project, as proposed. He would be amenable to eliminating Phase II because of the concern for too
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 7
much neon. He reiterated if height is an issue, the applicant is already asking for less than the
allowed height of 30 feet.
The Commission stated the issue is the pole sign cannot be higher than the height of the roof.
The Commission recommended the neon lights be turned off at closing time rather than at midnight.
Mr. Bainbridge agreed with the aforementioned recommendation. He is, however, supportive of the
lighting to be on as much as possible during the day to provide for `positive' energy in the community,
encourage business, and help beautify this section of town.
NEON
There was a brief discussion concerning neon lighting and how the project fits/complies/balances with
preservation of the night sky and compliance with this policy:
• The Commission is concerned that lighting for projects is downcast and shielded.
• Neon has to the ability to produce bright lights and this is a concern.
• Blue neon gives off a halo glow that is less intensive.
• The Sign Ordinance was written in the 1980s at a time when neon was no longer popular and
this is likely the reason it is prohibited.
• Neon lighting does not cast directly upward toward the night sky. It extends outward for a
very short distance.
• The intent was to utilize red sparingly as lettering and is far less intense compared to the
`Clear red' used on the Applebees sign.
• The freestanding pole sign is situated in very close proximity to the building unlike other such
signs in the area. The other signs in the area are also bright and likely much brighter than the
lighting for the proposed project.
• Commissioner Helland stated the proposed colors for the project do not have a negative
effect on her, since the colors are blue rather than white, which has a glowing effect. The
lighting projects outward rather than upward.
• Mr. Bainbridge acknowledged the lighting for the project can be seen from an airplane. The
dark sky concept is really about looking up and seeing darkness as opposed to looking down
and seeing darkness.
• Commissioner Whetzel pointed out the Airport runway lights and the Ford and Motel 6 signs
are bright so the lighting for the project would be compatible rather than
contrastive/compromising. The blue and red light spectrum for neon fades more quickly than
white condescend lighting. Neon light extends outward a much shorter distance.
• Ziyad Ibrahim stated the restaurant will not be serving breakfast so the lights would not go
on at 6:00 a.m.
• Commissioner Whetzel commented the Ford dealership and Motel 6 signs are very bright
and likely more luminous than the lighting for the project.
SIGN HEIGHT
• Commissioner Molgaard commented lowering the height would have an effect on the
overall aesthetics in terms of balancing the project in size and proportion because the sign
would likely look more massive (chubby)that close to the ground.
• Ziyad Ibrahim stated the intent is for the sign to be aesthetically pleasing rather than an
eyesore. The sign is in close proximity to the building so the design and height was created to
allow for a separate and distinct character to offset that closeness.
• Commissioner Whetzel has a business at the Airport and he drives by the project location
many times each day and stated the trees block the sign, particularly northbound.
PUBLIC HEARING CLOSED: 6:59:50 PM
Chair Pruden comments:
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 8
• One of the findings that must be made when considering approval of a variance is that the
project is not a granting of special privilege. The sign is not grandfathered in. Her concern is
that allowing the height to exceed the height of the roof would set precedence for future
projects. While she understands precedence setting is done case by case, it opens the door
for applicants to `push' the issue citing examples of variances granted.
• The Motel 6 pole sign is below the height of the roof.
• The Ford sign is new and lower than it used to be.
• She does not favor the sign height exceeds the roof height.
• She favors maintaining consistency with the Dark Sky policy, noting some spectrums of neon
lighting that do radiate out into space.
• She expressed concerned about rows of exposed neon border tubing to outline the shape of
the building and the sets of exposed neon writing on the fascia relevant to Phase II.
• The proposed freestanding sign is well-designed.
• She does not fully support staff's opinion for the variance findings.
Commissioner Sanders comments:
• The findings made by staff are not compelling enough to support approval.
• She is not opposed to the proposed neon lighting.
• She expressed concern about the scale and height of the freestanding sign.
• She would not support approval of the project if the sign height exceeds the height of the
roofline.
Commissioner Molgaard comments:
• She recommends reducing the height of the sign, which would likely require a slight redesign.
• She inquired why neon lighting is no longer acceptable.
• How does the project fit with the objectives expressed at the charrettes for the proposed
Form Base Zoning Code.
• With the bright lighting on the other buildings in the neighborhood, neon for the project should
not likely be a problem.
Chair Pruden stated the Downtown has some neon signs and they are considered a form of art.
Neon essentially went `out-of-style.' Trends/styles change and now neon is popular again. All the
`open' and `closed' signs and/or other signs displayed in windows are currently prohibited.
Planning Director Stump commented the rules governing neon lighting is `circa 1980s' when such
lighting was unpopular. He addressed the matter of the Form Based Zoning Code objectives and
stated while the project is located out of the study area, one element that came out of the Charrettes
is that the new Code should emulate the best of what Ukiah has in terms of architecture. The
proposed project represents in concept some of the best Ukiah had historically, such as Flavor Land
and other establishments of the 1950s era.
Commissioner Whetzel commented:
• When the Planning Commission reviewed the sign ordinance in 2006, he noted the document
contained examples of very artistic and well-designed neon signs.
• The project would be an enhancement for the south end section of town.
• He supports approval of the project, as proposed.
• Reduction of the sign height would change the character and overall theme of the project.
• The lighting from the car dealership, motel, Airport runway and convenience store operating
in the vicinity of the project will more than likely defuse the lighting generated from the
restaurant.
• With regard to the Form Base Zoning Code application, the community should be of open
mind to recognize a nice project when it comes along. It may that the project can be
conditioned to further address the problematic/controversial areas of the project.
• While the proposed variances for the project represent a complicated situation, the proposed
project is well-design and an asset to the community.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 9
• The red neon for the letters of `Burger, Fries, and Shakes' could be replaced with a violet
color.
Commissioner Helland comments:
• The project has become increasingly appealing to her.
• The project would not be appropriate in the Downtown.
• The location and building complement the project.
• She agrees with staff's analysis relevant that the request for variances is consistent with the
Sign Ordinance requirements from the `historical' and `architectural' findings aspect as a
justification thereof. However, according to case law (1986) `community benefit and the
worthiness of the project are not consideration to determining whether to approve a variance.'
While the findings made relevant to the historical and architectural aspects of the project are
excellent, the findings associated with specifying the `unnecessary hardship' that would result
from the circumstances in the event the variance is not approved is somewhat weak.
• Is still contemplating the proposed height above the roofline issue.
• She does not support precedence setting and understands she is not the artist in charge of
the aesthetics.
• She supports the design of the sign and the tubing concept around fascia of the building.
• She supports the project be conditioned that the lights will go off at 11:00 p.m. or closing,
whichever is earlier.
• With regard to page 4 of the staff report, Special Circumstances, first sentence that reads,
"The site is located on a corner and is developed with a circular building,' the project being
located on a corner, in her opinion, does not make for a special circumstance. However, the
fact the building is circular, does make for a special circumstance.
Chair Pruden stated Ukiah has other circular buildings.
Chair Pruden polled the Commission with regard to:
• The Commission had no issue with the building having neon lighting.
• The Commission had no issue with the six separate building mounted signs which would
consist of two sets of words, `Shakes, Burgers, Fries' other than possibly changing the
red spectrum color as shown in Attachment 3 to a less intense color.
• The applicant is uncertain about proposed Phase II. The project can be conditioned so
that Phase II would be seen by the Planning Commission.
• The Commission had no issue with the blue neon band that would outline the building.
Staff clarified the project essentially involves a variance to allow neon and for the freestanding
sign to project/hang over the roof, which the existing Sign Ordinance prohibits and a Site
Development Permit to allow the sign to exceed the height of the roof.
• The Commission had no issue with the BeBop sign projecting over the roof.
• The Commissioners with the exception of Commissioner Whetzel expressed some
degree of concern with the sign exceeding the height of the roof.
Commissioner Sanders and Chair Pruden were not supportive of approval of the SDP
portion of the project if the sign height is allowed to exceed the height of the roof.
The Commission essentially had no problem with the proposed three variances and
recommended fine tuning some of the language for the findings made in support of the
variances.
Commissioner Sanders —supports compliance with the zoning code that the sign height should not
exceed the height of roofline and does not support setting precedence by allowing exceptions.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 10
Commissioner Whetzel pointed out the height of the sign is already below what is allowed.
Commissioner Helland supports the design of the freestanding sign. The height issue is one of
precedent wherein good reasons must be made to support the exception.
PUBLIC HEARING RE-OPENED: 7:26:10 PM
Butch Bainbridge addressed the height issue and referred to Attachment 3, page 1.2. According to
the plans, it is the top portion of the milkshake that exceeds the roofline which include a straw and
some froth. The Planning Commission is requesting the sign be reduced 3' 2", which brings the sign
to the fascia area. If this occurs, the design would change such that the sign no longer looks like a
pole sign, but a sign that looks as though it protrudes from the building. The issue is not that the sign
exceeds the 30-foot maximum height, but because it exceeds the height of the building. The Sign
Ordinance allows for a 30-foot maximum, but such a height would not be aesthetically pleasing in
scale and proportion to the proposed design. A change even a couple of feet would make a
difference. The signage proposed for the project makes or breaks the project. The Commission is
`hung up' on the building height issue. The Ukiah Theatre sign is neon and taller than the height of the
theatre building. The precedence setting is not really the issue but rather that an opportunity exists to
provide for a set of standards for quality designed projects.
Ziyad Ibrahim referred to Attachment 3, page 1.1, noting the concern has been about the height and
not the width. He is of the opinion that reducing the sign would create a mass in terms of width
wherein the design of the sign would be out of scale and proportion with the original intent.
PUBLIC HEARING CLOSED: 7:41 p.m.
Senior Planner Jordan referred to the staff report and explained the findings for the variances differ
from those of the SDP. The findings for the SDP are addressed on pages 5 and 6 of the staff report.
Line 22, Finding No. 8, reads, "There is sufficient variety, creativity, and articulation to the architecture
and design of the structures and grounds to avoid monotony and/or a box-like uninteresting external
appearance," and Line 50, substantiating Finding No. 8, reads, The freestanding sign has been
specifically designed as an architectural feature integral to the building design and the theme of the
restaurant that it will advertise. The shapes, colors, and images used in the sign result in an
interesting and non-boxlike appearance and are unique in design. The neon on the fascia of the
building and the building mounted signs highlight the circular building adding to the integrated design
of the building, 1950s theme diner restaurant use, and signage." These findings explain how the
proposed sign is unique and how the SDP is about this particular sign.
Staff and the Commission further discussed the findings and finding weaknesses where applicable for
the variances and other issues, as well as the issue of precedence setting concerning the height of
the sign to exceed the height of the roof for the SDP and made the following changes/additions to the
findings and conditions of approval for the project:
• Site Development Permit Findings to allow the Freestanding sign to Exceed the Height of the
Building
➢ 4 (D)
This locally designed original freestanding sign has been specifically designed to represent
the theme of the restaurant that it will advertise. The shapes, colors, and images used in the
sign result in an interesting and non-boxlike appearance and are unique in design and less
than 5%of the mass of the sign will extend above the roof top.
➢ 5—The addition of the CEQA finding for the SDP.
• Variance Findings to Allow the Exposed Neon Tubing, Neon to Outline the Building, and the
Freestanding Sign to Project over the Roof
➢ 1 -The addition of the CEQA finding for the variance
➢ Special Privilege, 3B
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 11
The type of neon proposed is also used on the Ukiah Theatre signs and Ice Cream Cone at
740 South State Street. In addition, Ukiah has a history of similar circular restaurant with
neon signage that was located at the corner of South State Street and Gobbi Street in the
1950s. This type of neon is consistent with the historic Highway 101/State Street corridor.
• Variance and Site Development Permit Conditions of Approval
➢ 2
All signs included in this approval, including the neon outlining the building, shall be
turned on no earlier than 4:00 p.m. and shall be turned off no later than 11:00 p.m. or
closing whichever is earlier.
M/S Molgaard/Helland to approve the Variance for 09-11-VAR-SDP-PC to allow the exposed neon
tubing, neon to outline the building and freestanding sign to project over the roof with Findings 1-5 as
outlined in the staff report and as modified above. Motion carried with the following roll call vote:
AYES: Commissioners Molgaard, Whetzel, Helland, and Chair Pruden
NOES: Commissioner Sanders
ABSTAIN: None
M/S Molgaard/Whetzel to approve the Site Development Permit for 09-11-VAR-SDP-PC to allow the
freestanding sign to exceed the height of the building with Findings 1-5 and Variance/SDP Conditions
of Approval 1-9 as outlined in the staff report and as modified above. Motion carried by the following
roll call vote:
AYES: Commissioners Molgaard, Whetzel, Helland
NOES: Commissioner Sanders, Chair Pruden
ABSTAIN: None
SITE DEVELOPMENT PERMIT FINDINGS TO ALLOW
THE FREESTANDING SIGN TO EXCEED THE HEIGHT OF THE BUILDING
BeBops Diner
Variances from the Sign Ordinance and a Site Development for New Signs
1200 South State Street, APN 003-540-38
Application #09-11-VAR-SDP-PC
The following findings are supported by and based on information contained in this staff report, the
application materials and documentation, and the public record.
1. The proposed project, as conditioned, is consistent with the Commercial General Plan land
use designation of the property in that commerce and business are intended uses for this
land use designation. A restaurant is consistent with the intended business use of the
property and was approved as required by use permit. The proposed sign will be ancillary to
the previously approved restaurant use of the property and an anticipated accessory use for
properties with a Commercial land use designation. The project is consistent with the
Economic Development goal to support a strong local economy.
2. The proposed project, as conditioned, is consistent with the applicable requirements of the
Heavy Commercial (C-2)zoning district in that: 1)a use permit was previously approved for
the restaurant that the signs would advertise and 2) accessory uses (signs) are allowed
pursuant to section 9096.
3. The proposed project, as conditioned, is consistent with the applicable requirements of the
Sign Ordinance in that: 1) signs are allowed in Commercial zoning districts 2) the sign
area proposed is less than the maximum sign area allowed for the site 3) the maximum
height of the freestanding sign is 27' 2", which is less than the 30' maximum allowed and 4)
the required variances from the Sign Ordinance have been approved as required by the
Planning Commission.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 12
4. The proposed project, as conditioned, is consistent with the following findings required by
zoning code section 9263(E):
A. The location of the neon on the building and the location and size of the signs will not
create hazardous or inconvenient vehicular or pedestrian traffic patterns in that 1)the
building mounted signs and building mounted neon are not in the path of travel and are
above the sight line of motorists and pedestrians 2)the pole for the freestanding sign is
existing and is not located in a vehicular or pedestrian path and 3)the base of the
freestanding sign a minimum of 15-feet above ground level. Section 9263(E2)
B. The project does not include any modifications to the landscaping, parking areas, or any
modifications to the building other than outlining the building, installing building mounted
signs, and installing a new sign on the existing sign pole. Section 9263(E3, 4, 5, 7)
C. The project site is not located adjacent to a residential zoning district. Section 9263(E6)
D. This locally designed original freestanding sign has been specifically designed to
represent the theme of the restaurant that it will advertise. The shapes, colors, and
images used in the sign result in an interesting and non-boxlike appearance and are
unique in design and less than 5% of the mass of the sign will extend above the roof top.
Section 9263(E8)
5. The proposed project, as conditioned, is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines: 1) Section 15305,
Class 5, Minor Alterations in Land Use Limitations, which allows alterations in land use
limitations when the average slope of the property is less than 20% and the alteration will not
result in a change in land use or density. The property is relatively flat with very little elevation
change and the slope is less than 20%. The site development permit will allow the sign to
exceed the height of the roof, but will be less than 30 feet as required by Sign Ordinance
Section 3227(A8). This will not result in a change in land use since the signs will be
accessory to the restaurant use of the site. Since the project does not involve residential
uses, it does not have the ability to result in a change of density.
The proposed project, as conditioned, is also exempt from the provisions of CEQA pursuant
to Section 15311, Class 11(a), Accessory Structures, which allows the construction or
replacement of signs when they are accessory to a commercial use. The signs cannot be
installed until after the permit for the restaurant is issued ensuring that the signs will be
accessory to the commercial use which they are intended to advertise.
VARIANCE FINDINGS TO ALLOW
THE EXPOSED NEON TUBING, NEON TO OUTLINE THE BUILDING, AND
THE FREESTANDING SIGN TO PROJECT OVER THE ROOF
BeBops Diner
Variances from the Sign Ordinance and a Site Development for New Signs
1200 South State Street, APN 003-540-38
Application #09-11-VAR-SDP-PC
The following findings are supported by and based on information contained in this staff report, the
application materials and documentation and the public record.
1. The proposed project, as conditioned, is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines: 1) Section 15305, Class 5,
Minor Alterations in Land Use Limitations, which allows alterations in land use limitations
when the average slope of the property is less than 20% and the alteration will not result in a
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 13
change in land use or density. The property is relatively flat with very little elevation change
and the slope is less than 20% The variance from the sign ordinance will allow the use of
exposed neon lighting on the building and on new signage and will allow the sign to project
over the building. This will not result in a change in land use since the signs will be
accessory to the restaurant use of the site. Since the project does not involve residential
uses, it does not have the ability to result in a change of density.
The proposed project, as conditioned, is also exempt from the provisions of CEQA pursuant
to Section 15311, Class 11(a), Accessory Structures, which allows the construction or
replacement of signs when they are accessory to a commercial use. The signs cannot be
installed until after the permit for the restaurant is issued ensuring that the signs will be
accessory to the commercial use which they are intended to advertise.
2. Special Circumstances. Because of special circumstances applicable to the property,
including size, shape, topography, location, or surroundings, the strict application of this
Article deprives such property of privileges enjoyed by other property in the vicinity and
subject to identical zoning regulations based on the following:
A. The site is located on a corner and is developed with a circular building. The strict
application of the Sign Ordinance deprives the owner of the ability to highlight the unique
design of the building in a manner consistent with the architecture of the building and the
historic 1950s use of neon on this type of building.
B. There are no other circular buildings or authentic 1950s theme diners in the City. The
granting of the variances allows the building and restaurant to create an authentic 1950s
theme diner that uses neon and freestanding signage in a manner similar to the diner that
previously existed in the City at the corner of Gobbi Street and South State Street.
3. Special Privilege. The issuance of the variance, as conditioned, would not constitute a grant
of special privilege inconsistent with the limitations upon other properties in the vicinity and
subject to identical zoning regulation based on the following:
A. The Sign Ordinance requires the consideration of historical and architectural
appropriateness when considering a variance from the sign requirements. The exposed
neon that would be used for the building mounted and freestanding signs was a common
architectural design component for signs associated with 1950s diners. Allowing the use
of the exposed neon allows the restaurant to be consistent with the intended diner use
and design theme for the restaurant.
8. The type of neon proposed is also used on the Ukiah Theater signs and Ice Cream Cone
at 740 South State Street. In addition, Ukiah has a history of similar circular restaurant
with neon signage that was located at the corner of South State Street and Gobbi Street
in the 1950s. This type of neon is consistent with the historic Highway 101/State Street
corridor.
C. Based on the circular design of the building, the use of the building as a 1950s theme
diner, and the design of the signs as shown on the plans, as well as the discussion
included above under"Historical" and "Architectural,"the granting of the variances is not
a special privilege, but rather is related to the uniqueness of the building, the type of use,
and the appropriateness of the design of the signs.
D. Other properties with the same zoning use neon as part of their signs, including Sleep
World Furniture, Lotus Restaurant, McNabs and the Forest Club. Other property owners
with the same zoning could be considered for a variance from these Sign Ordinance
requirements if the signs met the historical or architectural requirements.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 14
4. Detriment. The grant of the variance, as conditioned, would not be detrimental to
surrounding property owners based on the following:
A. A building permit is required for the signs, ensuring that it will be safely constructed and
installed in compliance with Building Code requirements. A sign permit is also required
ensuring compliance with all applicable requirements of the City Code. The signs have
been reviewed by the Fire Marshal and Department of Public Works, both of whom had
no comments or recommended conditions of approval.
B. The height of the signs is above the sight line of motorists and pedestrians and, as such,
will not provide an unsafe distraction. The north and south facing sign copy on the
freestanding sign and the location at approximately the back of the sidewalk on State
Street prevents the light from being directed towards the residential units located toward
the west. In addition, the applicant has indicated that the signs will be turned off at
midnight and staff has included this as a condition of a draft condition of approval.
C. The signs will enhance the previously approved restaurant use of the site, thereby
encouraging additional activity in the area and providing occupancy and activity at a site
that has been chronically vacant.
5. The signs meet the historical and architectural requirements for a consideration of a variance
from the Sign Ordinance based on the following:
A. HisroRicA�. The exposed neon that would be used for the building mounted and
freestanding signs was a common architectural design component for signs associated
with 1950s diners (see attachment 3, sheet 2, project description). Allowing the use of
the exposed neon allows the signage to emulate the historic design theme for diners of
the era, including the use of neon. This type of neon is also used on the Ukiah Theater
signs and the Ice Cream Cone at 740 South State Street. In addition, Ukiah has a history
of similar circular restaurant with neon signage that was located at the corner of South
State Street and Gobbi Street in the 1950s.
B. ARCHiTecruRa�. A small portion of the sign (16 inches)will project over the roof of the
building. This allows the sign to be centered on the existing sign pole at a height that
creates an appropriate relationship and scale to the building, resulting in a more attractive
sign and, by extension, a more attractive site design.
C. ARCHiTecruRa�. The building that would accommodate the restaurant is circular. There
are no other buildings with this design located in the City. The neon band that would
outline the building and the neon building mounted signs would highlight this unique
architectural feature.
VARIANCE AND SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL
BeBops Diner
Variances from the Sign Ordinance and a Site Development for New Signs
1200 South State Street, APN 003-540-38
Application #09-11-VAR-SDP-PC
1. Approval is granted for the freestanding sign, building mounted signs, and outlining of the
building in neon as describing in the project description and as shown on the plans submitted
to the Community Development and Planning Department and date stamped March 16,
2009, except as modified by the following conditions of approval.
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 15
2. All signs included in this approval, including the neon outlining the building, shall be turned on
no earlier than 4:00 p.m. and shall be turned off no later than 11:00 p.m. or closing whichever
is earlier.
3. Application for and approval of Sign Permit(s) from the Community Development and
Planning Department are required for all of the signs included as part of this application. The
Sign Permit(s) and application form note the area of the entire freestanding sign (straw,
cherry, etc.).
4. The building permit and sign permit for the freestanding sign shall include the cut-off of the
existing sign pole and the removal of the existing sign cabinets as shown on sheet 1.2 of the
approved plans.
5. No sign permit shall be issued until the building permit for the restaurant approved by Use
Permit#08-29 has been issued.
6. On plans submitted for building permit, these conditions of approval shall be included as
notes on the first sheet.
7. This variance and site development permit approval shall apply only to the restaurant use
approved by Use Permit#08-29.
8. Construction hours shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday unless
additional construction hours are requested in writing by the applicant and reviewed and
approved by the Planning Director.
From the Buildinq Official (David Willouqhbv)
9. A building permit is required for the proposed work.
10. UNFINISHED BUSINESS
10A. Downtown Zoning District Update and Draft Timeline
Planning Director Stump stated the staff report for this agenda item addresses the status report for
the Downtown Zoning Code project. Staff is currently working on the revised draft document and map
and has targeted June 2009 as the date for a Planning Commission public workshop. Attachment 1
outlines the document table of contents, tables, and maps/figures.
Commissioner Sanders commented the status report states that mapping was modified to simplify
information, and changes were made to make implementation achievable, and inquired how the
boundaries designated for change is accomplished. She further inquired whether questions nos. 5, 7,
and 8 relevant to questions raised during the initial draft document have been addressed.
Planning Director Stump stated any boundary change must be supported and approved by the
Planning Commission.With regard to the questions, staff is currently working on them.
There was a brief discussion concerning the function/role of the Mendocino County Airport Land Use
Commission in conjunction with projects concerning Airport compatibility issues, particularly in the B-2
Infill zone, noting this body has decision making authority when projects are inconsistent with the
Airport Master Plan or General Plan that may require an amendment. It may be beneficial at some
point for the Planning Commission to have a joint meeting with the Mendocino County Land Use
Commission to address Airport compatibility zoning issues, particularly with the onsite of the
Downtown Zoning Code project.
11. ONGOING EDUCATION
11A. Materials for Sustainable Sites, New Urban News, March 2009,
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 16
The above-referenced publication is for the Commissioner's information.
11B. 2009 North Cost Green Opportunities
Staff referred to the 2009 North Coast Green Opportunities Conference program schedule and
encouraged the Commission to attend the conference to be held on May 5th, noting it to be
worthwhile and informative.
12. PLANNING DIRECTOR'S REPORT
Planning Director Stump reported on the City Budget for fiscal year 2009-10 and the problems with
the shortfalls. There will be a Planning Commission meeting on April 8, 2009.
13. PLANNING COMMISSION REPORTS
Commissioner Whetzel commented on how much of a pleasure it was working with Ken Anderson
when both of them were serving on the Planning Commission.
Commissioner Helland provided examples of bike racks for Commission information for application
when reviewing projects.
Commissioner Sanders reported the Tree Committee and/or tree working group has completed a
draft document concerning trees in the community for review by the Planning Commission.
Commissioner Molgaard inquired whether staff has had the opportunity to review the Muffler project
on South State Street to make certain the project is in compliance with the findings and conditions.
Staff will make the review and report to the Commission.
14. ADJOURNMENT
There being no further business, the meeting adjourned at 8:37:26 PM.
Judy Pruden, Chair
Cathy Elawadly, Recording Secretary
MINUTES OF THE PLANNING COMMISSION March 25, 2009
Page 17