HomeMy WebLinkAboutpcm_12092009 1 CITY OF UKIAH PLANNING COMMISSION
2 December 9, 2009
3 Minutes
4
5 COMMISSIONERS PRESENT OTHERS PRESENT
6 Judy Pruden, Chair Listed below, Respectively
7 Anne Molgaard, Vice Chair
8 Linda Helland
9 Linda Sanders
10
11 STAFF PRESENT COMMISSIONERS ABSENT
12 Kim Jordan, Senior Planner Mike Whetzel
13 Jennifer Faso, Associate Planner
14 Captain Trent Taylor, Services Commander, Ukiah Police Department
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by
19 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
20 Ukiah, California.
21
22 2. ROLL CALL
23 Roll was taken with the results listed above.
24
25 3. PLEDGE OF ALLEGIANCE
26 Everyone cited the pledge of Allegiance.
27
28 4. SITE VISIT VERIFICATION
29 Site visit for agenda item 10B were verified.
30
31 5. APPROVAL OF MINUTES
32 None.
33
34 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
35 None.
36
37 7. APPEAL PROCESS
38 Chair Pruden read the appeal process. For matters heard at this meeting, the final date to appeal is
39 December 21, 2009.
40
41 8. VERIFICATION OF NOTICE — Agenda items 9A, 9B, 10A and 10B were properly noticed in
42 accordance with the provisions of the Ukiah Municipal Code.
43
44 9. UNFINISHED BUSINESS
45 9A. Housing Element Workshop, Review and discussion of Draft Housing Element. (To be
46 continued to January 27, 2009).
47
48 It was the consensus of the Planning Commission to continue the Housing Element Workshop to
49 January 27, 2009.
50
51 9B. Downtown Zoning Code Workshop Review and discussion of updated workshop schedule
52 for 2010, including second review of Section 10: Tree Standards and Section 11: Circulation.
53
54
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 1
1 It was the consensus of the Commission that the next workshop would be at the1/27/2010 meeting
2 beginning with the revised Tree Standards and Circulation sections with staff to schedule the
3 remaining workshops based on the available Planning Commission meeting dates.
4
5 10. NEW BUSINESS
6 10A. Guillon Retail Building Use Permit No. 09-31-UP-PC. Review and possible adoption of a
7 Mitigated Negative Declaration for the Guillon Retail Building Use Permit at 1230 Airport Park
8 Boulevard. Should the Planning Commission adopt the Mitigated Negative Declaration, the
9 Commission would consider the request for approval of Major Use Permit to allow the construction of
10 a new 16,005 square foot retail building and associated site improvements in the Redwood Business
11 Park, 1230 Airport Park Boulevard, APN 180-080-25. (Staff and Applicant Requested Continuance to
12 January 13, 2009).
13
14 It was the Consensus of the Planning Commission to continue Major Use Permit 09-31-UP-PC to
15 January 13, 2010 as requested by the applicant and Staff.
16
17 10B. New BP/ARCO Gas Station and Mini-Mart Use Permit and Site Development Permit No.
18 07-23-UP-SDP-PC. Review and possible action on the request for approval to construct a new gas
19 station, 2,400 square foot mini-market, and 600 square feet of vacant commercial space at 615
20 Talmage Road, APN 180-070-10.
21
22 Associate Planner Faso presented the staff report for the UP and SDP for the BP ARCO gas station
23 and AM/PM retail store and noted the following:
24 • At places, the Planning Commission received two additional public comments concerning the
25 project that were received after the packet was prepared.
26 • The site has an approved liquor license from State Department of Alcohol Beverage Control
27 (ABC)for unrestricted sale of beer and wine.
28 • City Police Administration Captain Trent Taylor has reviewed the application and
29 recommends conditions of approval Nos. 15-21.
30
31 Commission comments/questions:
32
33 Chair Pruden: Requested clarification regarding the number of parking spaces for employees. In one
34 part of the report it states one employee and in another two employees.
35
36 Planner Faso: The applicant would be able to verify the number of employees per shift. Staff's
37 understanding is there would be two employees per shift.
38
39 Linda Helland: The State Department of Alcohol Beverage Control sets the authorized number of
40 alcohol licenses for every census tract based on population. The proposed project is located in
41 census tract 0116. According to the Santa Rosa office ABC, there are 10 allowed off-sale outlets
42 allowed in that census tract. There are currently 16 active licenses. So the area is oversaturated with
43 alcohol outlets. According to ABC, the applicant needed to get a letter of `Public Convenience and
44 Necessity' from the local law enforcement agency, which according to UPD Captain, he did not issue,
45 as he never received the request from ABC.
46
47 UPD Captain Taylor: It is likely the Santa Rosa office ABC gave incorrect information. The alcohol
48 license has already been issued. The UPD was never notified by ABC allowing PD to have a say
49 regarding the issuance of the license wherein the license was transferred in. When ABC notifies UPD
50 of an impending issuance of a liquor license, UPD has 20 days to respond. In the case of the
51 BP/ARCO project, no notification was given so the time for UPD to respond has lapsed. Therefore, a
52 license was granted basically by default.
53
54 Commissioner Molgaard: Inquired as to why the UPD was not notified as is typically the procedure
55 is because the license was transferred rather than a new license. What might UPD have done
56 differently if the course did not occur as it did?
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1
2 UPD Captain Taylor: ABC claims UPD was notified, but UPD never received notification. It was his
3 understanding until last week that the license had not been issued. He was also aware that the
4 license was a transfer and waited for the information to come from ABC so a response could be
5 made. He would have likely protested bringing the license into the City given the circumstances and
6 location. Since UPD no longer has an opportunity to respond, UPD imposed project conditions 15-21
7 placing restrictions on the sale of alcohol at the site.
8
9 Commissioner Sanders: Where was the liquor transfer from?
10
11 UPD Captain Taylor:
12 • The license was transferred from a business located on Lake Mendocino Drive.
13 • While the UPD does not object to the project proposed, it is the UPD's position regarding the
14 proposed project and application for a conditional use permit to include special conditions for
15 approval of the project that pertain to the sale of alcoholic beverages.
16 • It is the UPD's position that the location of the proposed project has the propensity to
17 significantly increase the need for police response to the area to ensure public safety. If
18 unrestricted sales of alcoholic beverages are allowed, a significant increase in the amount of
19 loitering is anticipated.
20 • UPD is concerned with security and safety issues and recommends in the project conditions
21 that barriers or fences be erected that will prevent persons from entering the area to the
22 south (behind the proposed primary structure).
23
24 Commissioner Molgaard: Referred to staff's analysis that talks about the project being consistent
25 with the General Plan Economic Development Goal ED-1 to support a strong local economy in that
26 the project will allow a new business to occupy a commercially zoned parcel that will serve the
27 citizens of Ukiah, and questioned how this analysis was done.
28
29 PUBLIC HEARING OPENED: 6:23 P.M.
30
31 Jonathan Ramos, Applicant's representative:
32 • Commented on the project and made note the applicant opted to have the project reviewed
33 by the Design Review Board (DRB) even though the project site is not located within the
34 boundaries of the Downtown Design District wherein review by the DRB was not required.
35 • The applicant incorporated most of the DRB recommendations into the project. Attachment 6
36 of the staff report provides the comments made by DRB concerning the design aspects of the
37 project.
38 • Parking: The DRB recommended adding more shade trees in lieu of parking. The project can
39 be made to satisfy all of the parking requirements of the zoning code by adding additional
40 spaces if this is the preference of the Commission.
41
42 Chair Pruden: The Commission will make a determination concerning the total number of parking
43 spaces required for the project. Typically, this Commission prefers less parking and more
44 landscaping, pedestrian access when the parking requirement appears to exceed the parking
45 demand.
46
47 Jonathan Ramos:
48 • One additional parking space could be accommodated if one of the shade trees is eliminated
49 in front of the store and striping could be provided for some parallel spaces.
50 • The proposed site layout plan, building elevations, color scheme and materials are reflective
51 of the DRB discussion and proposed changes made to the project. Color renderings of the
52 building were provided to the Commission for consideration/comments.
53 • The building consists of earth tone colors.
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1 • Building design - Score lines were added to the front of the building to provide some relief
2 from the building's presentation and allow for architecturally pleasing articulation. This was a
3 DRB recommendation.
4 • Awnings were added to better complement the building design on the west blank wall and
5 east blank wall facing Hastings Road.
6 • The canopy for the fueling pumps is a standard design.
7 The landscaping proposed is extensive and the plan was completely redesigned based on
8 the DRB comments.
9 • The existing well on the site will be used to irrigate the landscaping.
10 • The DRB recommended adding Oak trees of various species rather than Chinese Pistache or
11 other landscaping features that were originally proposed.
12 • Energy efficient(LED) lighting is proposed under the fueling canopy.
13 • A bench will be provided for the project.
14 • A bicycle rack will be provided.
15
16 Chair Pruden: Understands the trellis that would have vines as an added architectural feature was a
17 problem due to the sidewalk width. She supports having an additional tree to a vine.
18
19 Jonathan Ramos: The site has constraints with regard to appropriate space to accommodate the
20 project uses as a gas station/mini-mart. The building, fuel canopy/gas pump area, parking,
21 landscaping were designed with the concept of `compact' in mind so the project will have an
22 architecturally pleasing appearance and functions well for the uses.
23
24 Chair Pruden: What is the design plan for the extensive pedestrian pathway system that extends to
25 the adjacent hotel located to the west?
26
27 Jonathan Ramos: The pedestrian pathway will be striped; Due to grade constraints striping the
28 pedestrian pathways was the best approach as opposed to doing some type of texturing.
29
30 Chair Pruden: Requested incorporating reflective glass bead into the striped pathway areas to better
31 catch a pedestrian eye.
32
33 Jonathan Ramos:
34 • Would be amenable to incorporating reflective glass beads for safety purposes.
35 • Recommended adding more lighting where the fuel tanks are located for security purposes.
36 • Fencing will be provided as part of the project, particularly for the rear portion of the site.
37
38 Staff: The UPD will review the Lighting Plan from a security standpoint.
39
40 Chair Pruden: Agrees fencing is important because the area has a high transient population.
41
42 Commissioner Sanders:
43 • Asked about whether planters were still part of the plan?
44 • Understands the existing Oak tree is a concern for the tanker truck and the applicant would
45 like to see that tree removed.
46 • Asked about signage, plans for the monument sign that is located in the public right-of-way
47 and/or the pole sign for freeway advertising purposes.
48 • Are the Palm trees still a part of the landscape plan?
49
50 Jonathan Ramos:
51 • No planters are part of the landscape plan.
52 • The landscape plan has been revised to maintain the existing Oak tree. It is not the healthiest
53 of Oak trees and the intent was to replace the tree with a healthy tree. Staff and the DRB
54 would like to see this tree retained. A project condition requires an arborist ensure the safety
55 of the tree during construction, including assessment as to the health of the tree.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 4
1 • The monument sign was of interest to the applicant. However, staff has indicated an off-site
2 sign is prohibited and cannot be located in the public right-of-way. Also, the sign would
3 eventually be hidden when the street trees mature. The existing freeway pole sign was also
4 of interest for use. However, staff has indicated this sign does not exist at present and due to
5 the time that has passed, is considered abandoned and cannot be continued. Signage for the
6 project includes: one 17-foot main ID pylon monument sign on the Talmage Road frontage
7 where the Hollywood Junipers are presently located, AM/PM building sign, gas pump canopy
8 `spark', and unit graphics on the gas pumps.
9 • The Palm trees are shown in the landscape plan, but are no longer part of the plan. The
10 intent of the DRB was to locate the Palms near the mini-mart so as to create a `tropical zone'
11 in the landscape plan separate from the `native/natural California zone' landscaping features.
12
13 Chair Pruden: Do the two Junipers located in the southwest corner of the site belong to the applicant
14 or to the motel? If not, precautions will have to be taken to protect these trees.
15
16 Jonathan Ramos: Is unsure whether these Junipers are on the motel property. The DRB
17 recommended removal of the Hollywood Juniper on the Talmage Road frontage so the monument
18 sign can be placed in this location.
19
20 Commissioner Helland: Requested clarification whether the issue of drainage is the reason why the
21 pedestrian walkway does not go directly to door?
22
23 Jonathan Ramos: The reason is due to drainage issues and the accessible ramp wherein the grade
24 of buildings/site is also a factor.
25
26 Commissioner Helland: Underlined the importance of providing for a bicycle rack.
27
28 Commissioner Molgaard:
29 • Generally referred to the color rendering of the building and asked about the design
30 features/color scheme for the front portion of the building and the canopy above the fuel
31 pumps in terms of possibly improving the aesthetics.
32 • Would it be possible to replace the columns for fueling canopy with rock material to spruce up
33 the appearance?Are the colors for the gas station canopy a corporate standard?
34 • Acknowledged that while it is unlikely no modification can be made to improve the
35 appearance of the gas station if it is possible to modify the front of the mini-mart?
36
37 Jonathan Ramos: Would like to incorporate rock columns from an aesthetics standpoint, but due to
38 space constraints at the fuel pumps this would not be feasible. The application of rock material would
39 increase the width of the columns. The color scheme for the gas station canopy is a corporate
40 standard.
41
42 Commission:
43 • Discussed the color scheme and overall design of the AM/PM building and whether
44 architectural treatments/feature could be added to address the blandness of the building and
45 add character.
46 • Generally approved of the earth tone color scheme. The white portion of the building along
47 with the AM/PM sign as shown on the color rendering is a corporate standard.
48 • Specifically discussed the possibility of adding some sort of treatment to the wainscot and/or
49 to the `Indian Corn' colored walls.
50 • Discussed various treatments, noting a tile treatment added to the wainscot, would enhance
51 the appearance of the building, as well as add character.
52
53 This discussion continued after the public testimony ended.
54
55
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 5
1 Richard Warren, Applicant's Attorney:
2 • Confirmed the census track is 0116.
3 • There are 16 active alcohol beverage licenses and this project location is one of those
4 licenses.
5 • The alcohol beverage license was issued on August 21, 2008 so the time period to appeal
6 this issuance has lapsed.
7 • The applicant has an active on-sale beer and wine license.
8 • He was the author of the letter objecting to the conditions proposed by the UPD and staff,
9 which in a later e-mail he advised staff that the objectives were withdrawn by the applicant.
10 • Recommended one modification for consideration, which pertains to container sizes.
11 o As presently written, the applicant cannot sell any beer in container sizes other than in
12 12 and 16 ounce sizes and prohibits the sale of beer or malt beverages greater than
13 16 ounces. Additionally, no beer or malt beverages are to be sold in quantities of less
14 than six per sale.
15 o The applicant is asking the Commission to consider an exception for single container
16 sizes of 20, 22, and 24 ounces. Examples of such products were provided and
17 generally retail for between $4 and $5 a bottle. These single-size containers are very
18 popular.
19 o The applicant accepts prohibiting the sale of been or malt beverages in quantities of
20 quarts, 32 ounce size, or other large size containers.
21
22 John Johns: Supports the project, noting the location has been an eye-sore for a long time.
23
24 Mike Hildreth representing Tim Norgard, Rebecca Kraus, and himself:
25 • Generally supports the concept of the gas stations/mini-mart, but without the liquor
26 component.
27 • The project would definitely improve the appearance of the site.
28 • The area is well-known for attracting transients/homeless persons, particularly because of its
29 geographic location in close proximity to the Russian River and many orchards where such
30 persons frequent and have homeless encampments.
31 • Mr. Hildreth and Tim Norgard own the orchards adjacent and/or in the vicinity of the project
32 and express concern that the on-site sale of alcohol will further attract/encourage undesirable
33 persons to this location contributing more problems to property owners in the area than what
34 presently exists.
35 • Other concerns include: unwanted loitering, issues with debris/garage, creating unsafe
36 conditions for areas behind the building that are out of the public view for persons to hide
37 and/or engage in unlawful behaviors.
38
39 Gill Dye:
40 • Operates the radio station located adjacent to the site to the south.
41 • Has concern about security issues with regard to vandalism and safety to persons
42 working/visiting in the area, advising of issues already occurring on the radio station
43 property. Some of the problems include people coming and going at all hours of the day,
44 sleeping on the premises on the radio station property, littering, activities related to alcohol
45 consumption and/or other nuisance issues.
46 • Is concerned of the likelihood that alcohol consumption on or near the premises will occur
47 resulting in criminal behavior and activity which will increase the attraction to loiter in the
48 area or on the premises.
49 • Has concern about littering on adjacent properties.
50 • There six or seven places where a person can purchase alcohol on a one-mile track of the
51 Talmage area.
52 • The City has approximately 18 gas station/convenience stores in the City limits. Invites
53 owners of gas station/convenience stores to be more community oriented by joining the
54 Ukiah Chambers of Commerce and/or other service clubs that contribute to the well-being of
55 the community.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
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1 • Agrees there should be some restrictions regarding the sale of alcohol on this site; Beer,
2 malt beverages, and wine coolers should not be sold by single containers. The intent should
3 to sell in quantity. One of the project conditions with regard to alcohol sales is that no beer
4 or malt beverages shall be sold as singles.
5 • Is hopeful the property owner will be a good neighbor and do his part to assist other
6 property owners in the area with problems/issues that could occur as a result of the project.
7 • UPD has been very good about patrolling the area and responding to calls from the radio
8 station. The radio station has been burglarized twice. People have been known to live in the
9 existing old gas station structure, which will stop with the new business. UPD will certainly
10 have to patrol behind the building (south side) so it is likely the number of patrols will
11 increase.
12 • With the potential for negative activities related to alcohol consumption, it becomes more
13 difficult for neighboring property owners to secure their property. Fencing may not be an
14 option because the property has a parking lot or some other type of facility where certain
15 security measures are not an option.
16
17 Rich Martin: Has lived in the community since 1976 and supports the project. It has been an eye
18 sore for years. It is a good location for a gas station/mini-mart. There is no real solution for the
19 homeless problems in the area and is of the opinion the project will not create a bigger problem. The
20 project will also not make the homeless problem go away. The building with its lighting features will
21 make one less place for the homeless to sleep.
22
23 Ben Coller: Has lived in the community since 1965. Concurs with Mr. Martin's comments. Believes
24 the project will improve the appearance of the area. The gas station will be convenient since other
25 gas stations on S. State and Talmage are typically congested as is the gas station located at the
26 Talmage Store. He is hopeful the gas station will sell diesel fuel. The project is a good use for the site.
27
28 Jerry Pool: Has noticed over time an increase in the number of transients in the area, including the
29 number of teenagers that trespass on private property or access the Russian River. A working gas
30 station and convenience store might reduce some of the problems in the area and/or resolve itself.
31 He supports approval of the project.
32
33 Glenn Jensen: Has resided in Ukiah all of his life. The area is dark and it will be nice to a business
34 on the site and the associated lighting. He supports approval.
35
36 Dave Hull: Is the owner of an insurance business next door to one of the applicant's other gas
37 station/mini-marts on E. Gobbi Street and stated this area also has problems with transients and
38 homeless persons. The mini-mart does attract a certain clientele of transients/homeless persons that
39 have caused a multitude of problems for his business. He had to take certain security measures to
40 discourage/prevent people from trespassing, littering and vandalizing his property. After consulting
41 with the applicant about the ongoing nuisance issues and/or other problems related to people being
42 attracted to the convenience store, the applicant took measures to change some of his business
43 practices when dealing with the transient/homeless population, which has resulted in fewer incidents
44 and/or problems for Mr. Hull. He is of the opinion the applicant will operate his new store in much the
45 same way and be a good neighbor. He supports approval of the project.
46
47 Brian Martella: The project is appropriate for the area, particularly with its location in close proximity
48 to the freeway. He supports approval of the project.
49
50 Ruth Vananthrep: Is a teacher at Grace Hudson Elementary School. She has lost all respect for the
51 California Alcoholic Beverage Control Board and the PS Board because they have authorized `type
52 20' alcohol licensing within 300 feet of the school. There is a moratorium on type 20 alcohol licenses
53 in Mendocino County in effect for five years so in order for the applicant to secure a license he must
54 have gone through the Mendocino County Sheriff's Department and asked for a Memorandum of
55 Public Necessity and Convenience. It is her understanding that the Sheriff's office asks little or no
56 questions. She encourages the Planning Commission to find out how many of these memorandums
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 7
1 have been written by the Sheriff's office during the time of this moratorium, which was placed in 2005.
2 While she does not typically shop at convenience stores, she has noticed that drug paraphernalia is
3 being sold. It is her understanding that if convenience stores sell alcohol, they cannot sell drug
4 paraphernalia. They are many stores in Ukiah where both are sold. It would be nice, if this community
5 would start following the laws.
6
7 Richard Labough, BP/ARCO franchise representative:
8 • The project being reviewed tonight has been five years in development planning.
9 • Every ARCO building constructed is thoroughly evaluated.
10 • Is familiar with transient/homeless population problems in cities in connection with
11 convenience stores. The problem may be slightly different in larger cities than in rural
12 communities.
13 • As a general rule, if communities want people to behave better, they have to know they are
14 being viewed. To ensure people are aware of being viewed, all ARCO stores have: large
15 clear glass storefronts and security cameras and monitors. This site would have seven
16 security cameras.
17 • ARCO conducts lighting studies. The type of lighting system used for safety and security
18 purposes will not be evasive to the adjoining properties.
19 • It is very difficult for ARCO gas stations to make a profit so all other sales, including the sale
20 of alcohol in single containers is important in order to keep the business profitable. The sale
21 of gasoline does not produce a very large profit margin. There is a very low profit margin for
22 ARCO gas stations, since they essentially set the gas prices.
23 • ARCO is one of the few gas stations that use a cash machine, which is another profit
24 component. ARCO accepts only debit cards and cash and does not accept credit cards.
25 • If too many potential profit-making fundamentals are eliminated from a particular site, this site
26 may not`pencil ouY in today's economy.
27 • ARCO does look at all community concerns for their projects.
28 • Is of the opinion that with the conditions imposed for the sale of alcohol, including the
29 recommended exception made by the applicant, the project should be safe and lucrative.
30
31 Anna Hernandez: Fully supports approval of the project. The development will be an improvement
32 to the area. Having a gas station in this location will be very convenient.
33
34 Meredith Rinehardt, Senior Program Specialist for Mendocino County Health and Human Services:
35 • Coordinates State and federal grants that provide educational programs for youth in the area
36 of alcohol and drug prevention.
37 • Provided the Commission with information about a recent study conducted by a non-profit
38 organization called the Marin Institute that is an alcohol industry watchdog. This organization
39 recently released a study about the cost of alcohol in California. California is the largest
40 alcohol market in the US with beer representing almost 80% of those sales.
41 • The information addresses crime data related to alcohol consumption to include violence and
42 crime, domestic violence and sexual assault, alcohol-related collisions, underage drinking,
43 economic decline and the need to IimiUdecrease the number of alcohol outlets in
44 neighborhoods.
45 • Does not support the sale of alcohol component for the project.
46
47 W. Flores, Ukiah High School Student: Supports the project without the sale of alcohol component.
48 She is not supportive of liquor stores in neighborhoods because of the behavioral problems that can
49 result from alcohol consumption.
50
51 Charley Seltzer, Works for the County of Mendocino in the field of drug and alcohol prevention
52 services and is the prevention administrator:
53 • Addressed the State Department of Alcohol and Beverage Control and stated the ABC sets
54 limits on the number of alcohol establishments that can sell alcohol, on and off sites.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 8
1 • The limits are based on population in census tracts. The City should have seven on sale
2 alcohol outlets, which means establishments were people can consume alcohol on-site. The
3 City has nine times this number for a total of 66 outlets. The ABC sets a rule that Ukiah can
4 have seven on-site outlets, but approves 66 of them. Off-sale means a person can purchase
5 alcohol but consume it elsewhere. Ukiah should have 12 establishments but has 43 and/or
6 four times the number. Ukiah is supersaturated with places to purchase alcohol.
7 • Approves of the project without the sale of the alcohol component. It is unfortunate ARCO
8 has to sell alcohol in order to make a profit to stay in business.
9 • Communities that have a supersaturated alcohol density, also have other conditions that go
10 along with the increase in availability of alcohol. He provided some statistics to emphasize his
11 point.
12
13 Joseph Denson: Likes the project. On the topic of selling singles in 22 and 24 oz. containers, it
14 would be nice to have this option because when he purchases beer, he does not necessarily want a
15 six pack. He may just want one beer as opposed to six and/or a 24 oz. bottle, which is the equivalent
16 of two beers. Further restricting the sale of alcohol may put the business at a competitive
17 disadvantage compared to other places that have off-sale liquor licenses.
18
19 Dennis Thygesen: Wrote a letter in support of the project, noting it looks like a winner for the City of
20 Ukiah, the developer, owner, and public.
21
22 PUBLIC HEARING CLOSED: 7:22 P.M.
23
24 Commissioner Helland: Asked UPD Captain Taylor to describe potential impacts if the project were
25 approved as proposed.
26
27 Commissioner Molgaad: Other than the surveillance equipmenUmonitors to make it obvious people
28 are in view, are there other ways to address loitering and littering.
29
30 Commissioner Sanders: If the applicant intends to sell drug paraphernalia there should be a project
31 condition against this type of sale.
32
33 UPD Captain Taylor:
34 • Was surprised to hear of the changes made to the business practices at the E. Gobbi Street
35 gas station/mini-mart, resulting in a reduction of impacts to surrounding property owners and
36 the problems with transients/homeless in connection with the convenience store. The UPD
37 has had many calls to respond to this establishment. The number of calls for response by the
38 UPD has been reduced. UPD has met with Dave Hull, Mr. Haji Alam, and Richard Seltzer
39 concerning possible solutions to the problems that occur at the E. Gobbi convenience store
40 and to neighboring property owners. The property owners did implement some mitigation
41 measures to address loitering, trespass, vandalism, littering, and other nuisance impacts
42 occurring from the transient population that linger in the area.
43 • If the project is heavily controlled by the applicant and the franchise company, the project
44 could be less of a problem.
45 • The sale of single alcohol containers will be a problem and this is a concern because of the
46 transient clientele that will purchase it and consume it nearby or on the premises and then
47 possibly get into some kind of situation/confrontation requiring services from UPD. There are
48 plenty of outlets in the City that sell single containers of alcohol. Selling single containers is
49 the cheapest way to sell alcohol.
50 • He opposes the sale of alcohol in single containers. He also would have opposed the alcohol
51 license to begin with because of the location and problems that occur in the neighborhood.
52 • He does support the development and the improvements that will be made to the site.
53 • Issues of loitering and littering:
54 Does not support having a bench in front of the store because this would encourage
55 loitering and/or a place for people to `hang-out.'
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 9
1 • The building design and layout is good. It is a good idea to enclose the back of the building
2 because this would be less visible to UPD when they patrol the area.
3 • Likes the surveillance camera in view to remind people they are being observed. The use of
4 cameras is a deterrent, but not a complete deterrent.
5 • Safeway has a security guard on duty and this has been helpful to discourage theft and
6 loitering.
7 • Drug paraphernalia — The City has an Ordinance in place that prohibits `certain things.' The
8 problem is that some of the items associated with drug use is also associated with the use of
9 tobacco, which may or may not be considered drug paraphernalia and so there are some
10 `loopholes.' Drug paraphernalia is typically sold is in a privately-owned, non-franchise
11 business rather than a convenience store that is corporate.
12 • Is of the opinion there is no need to condition the project against the sale of drug
13 paraphernalia. The Commission could ask the applicant if he plans to sell drug paraphernalia.
14
15 Planning Staff: Applicants are required to comply with all City codes. Even though there may be a
16 City Ordinance that pertains to and regulates a particular aspect of a project, the project conditions
17 can also address it as a reminder. If the Commission decides to specifically condition this project
18 addressing the sale of drug paraphernalia by referencing the Ordinance in the conditions, this would
19 be acceptable.
20
21 Commissioner Molgaard:
22 • The project does not look like "Ukiah." As designed, the project essentially has no real
23 character/connection to the community and without this component, it becomes just another
24 building that people are not protective of. The design statement communicates the feeling of
25 the project just being an `ARCO' building when it should express the feeling of `ARCO and
26 Ukiah' because this is what will help increase business, as well increase the community's
27 `collective wealth.' What can be done to improve the `flavor' of the building to make it more
28 appealing/aesthetically pleasing and a better fit for the community? Should a rock treatment
29 be added to the columns for the gas station or an overall change in the color scheme to the
30 building to provide/improve that sense of character necessary in order for the community to
31 really care about exists at this site.
32 • How the building presents itself is very important.
33 • Does not agree the project, as designed, fully meets General Plan, Community Design Goal
34 CD-7 that the project improves the appearance of the area gateways since the site is located
35 at one of the City's identified gateways that provides a first impression to visitors and
36 residents to the City of Ukiah.
37
38 Planning Staff: What would the Commission like to change? Does the Commission like the form?
39 Colors? Materials? Details? If not, this is the time to discuss possible design changes with the
40 applicant and owner.
41
42 Commissioner Molgaard: Personally has some problems with the form, but as a Commissioner is
43 attentive since the form has progressed this far with staff's assistance. Would like to somehow
44 improve the aesthetics in order to create a more pleasing appearance the community can be proud
45 of.
46
47 Commissioner Sanders: Pointed out the Commission is more frequently reviewing projects that
48 involve corporations that usually require a specific design/footprint for compliance with the corporate
49 standards. This might be a topic for future discussion, but does not support taking this approach for
50 this project.
51
52 Chair Pruden: The proposed ARCO project is a much better looking box-like building than ARCO
53 projects in other communities. The color is more attractive and she likes the awning component and
54 landscaping plan.
55
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 10
1 Commissioner Molgaard:
2 • All projects whether a corporate product, a box-like structure and/or of some other
3 form/condition should be designed with the best and highest aspirations in mind. This project
4 does not make this statement. It is also important for the owner to be part of the community
5 and for the community/decision makers to approve of the design. Local support is highly
6 important.
7 • Likes the rock treatment on the pillars/columns for the Willits Safeway store and is very
8 effective aesthetically. Can this be done here?
9
10 Chair Pruden: While the rock treatment would look very nice, the gas station has spacing issues so it
11 was designed such that the footprint would fit the site in order to accommodate the use.
12
13 Commission: Generally agreed that from a site development perspective, the most of the design
14 features correspond with the use as a gas station/retail store, noting the applicant has modified the
15 design at the recommendation of the DRB and has provided for pedestrian friendly pathways and will
16 nicely landscape the site. It may be that if the location were different, the Commission would make
17 some design changes to make the building more aesthetically pleasing.
18
19 Commissioner Molgaard: The building is nowhere where it could be in terms of design and the
20 community will be looking at it for a long time. Specifically, the columns/islands for the gas station
21 could be improved and some sort of finish/treatment could be added to the front of building to build in
22 some character.
23
24 Planning Staff: The Commission could ask the applicant to consider alternative design features to
25 address Commissioner Molgaard's concern that the building needs to be a better fit for Ukiah.
26
27 PUBLIC HEARING RE-OPENED: 7:45 P.M.
28
29 Jonathan Ramos: Columns to the gas station — Very limited as to what can be done about the
30 design due to space constraints to accommodate the use as a gas station.
31
32 Commissioner Molgaard: Asked if some type of treatment could be applied as a wainscot?
33
34 Chair Pruden: Asked if Commissioner Molgaard would agree to some type of tile/masonary
35 treatment for the wainscot?
36
37 Commissioner Molgaard: Agreed this would be a good approach. She is looking for some type of
38 treatmenUmaterial to improve the appearance.
39
40 Jonathan Ramos: Treatment to the front of the building. The franchisee representative has agreed it
41 would be acceptable to add some slate material/tile wainscoting that matches the proposed color
42 palate.
43
44 Commissioner Molgaard: Likes the idea of adding tile or slate wainscoting. Asked about the fueling
45 canopy and whether any type of design can be done to better coordinate it with the building.
46
47 Jonathan Ramos: The ARCO canopy/gas sales facility is a separate `profit-making center' from the
48 AM/PM retail store. The intent is to keep the two operations separate as well as identified separately
49 aesthetically as they are and have separate corporate identities.
50
51 PUBLIC HEARING CLOSED: 7:52 PM.
52
53 The Commission/applicant discussed other possible design changes to the retail store and/or
54 possible landscaping features to complement/enhance the design.
55
56
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 11
1 Commission consensus with regard to design for Site Development Permit component:
2
3 • Add tile/slate treatment to building wainscot.
4 • Add stone or other treatment to the supports for the canopy if feasible.
5
6 The Commission also continued their discussion concerning the use permit:
7 • The use of the gas station is acceptable.
8 • The mini-market is acceptable.
9 • The liquor sales as part of the mini-mart presents a problem.
10 • The Commission appreciates UPD Captain Taylor attending the meeting and answering
11 questions and the including conditions related to the sale of alcohol.
12 • Is the mini-mart use appropriate for the location?
13
14 Commissioner Molgaard:
15 • Referred to staff analysis/Use Permit findings 1 D regarding General Plan finding that the
16 project is consistent with Economic Development Goal ED-1 `to support a strong local
17 economy' in that the project will allow a new business to occupy a commercially zoned
18 parcel that will serve the citizens of Ukiah and the Ukiah Valley. The project also supports a
19 strong local economy by cleaning up and developing a site that has become degraded and
20 has the potential to become an attractive nuisance. The development of the site will enhance
21 the area by constructing a commercial new building, the facilities necessary for the gas
22 station, and installing onsite landscaping and street trees. This has the potential to
23 encourage improvements to other properties and buildings in the area.'
24 • This might be a bigger discussion than can or should be addressed tonight.
25 • In general how should the above-referenced Economic Development Goal be applied to this
26 project? Does it matter if the business is locally owned, locally franchised, what the
27 prevailing wage is, what is the cost of alcohol and/or other relevant factors to justify
28 promoting economic development and are these factors considered?
29
30 Planning Staff: Regarding consistency with General Plan Economic Development Goal ED-1, in this
31 case, staff considered the increase in property tax and sales tax that would be generated by the
32 project.
33
34 Commissioner Molgaard:
35 • Economic Development Goal ED-1, concluded she does not have a problem with lines 39
36 through 47 of the draft use permit findings. Staff looks at this goal from a different perspective
37 from her understanding, which from this standpoint is acceptable.
38
39 • Does not agree with subsection 1 D: The project site is located at one of the City's identified
40 gateways and provides a first impression to visitors and residents to the City of Ukiah.
41 Currently the site contains a vacant building. This project would clean up the parcel hence
42 presenting an attractive introduction to the City and supporting Community Design Goal CD-7
43 to Improve the appearance of the are gateways. Does not agree the project improves the
44 design of the gateway. This is a separate issue from economic development.
45
46 • Recommended revisiting staff's definition of economic development in order to look beyond
47 this definition to include other factors such as the circulation of tax dollars correlated to wages
48 paid and profits made and where this gets invested because this can even be more valuable
49 than the business and sales tax. This is not a topic of discussion for tonight's project.
50
51 Commissioner Helland: Provided the Commission with information/statistics regarding the harm
52 caused by alcohol consumption.
53
54 PUBLIC HEARING RE-OPENED: 8:08 PM.
55
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 12
1 John McCowen:
2 • Is familiar with the area where the project is located.
3 • The area where the store is located encompasses open space in association with the
4 Russian River and many orchards that draws the attention of the homeless and transient
5 population contributing to a wide variety of problems.
6 • The location of the store will exacerbate the problems with the sale of alcohol.
7 • While there are other commercial uses in the immediate area, the site does abut an orchard.
8 • Orchards and the Russian River region are difficult to patrol so people live in the orchards
9 and on the River banks.
10 • Consumption of alcohol and living in orchards is not a good combination. This type of
11 behavior should not to be encouraged.
12 • Cited a near tragedy that occurred in Mr. Hildred's orchard when a ranch employee nearly
13 ran over a person sleeping in the orchard with a tractor. The man was likely sleeping off
14 alcohol consumed and did not hear the tractor.
15 • The restrictions for the sale of alcohol by UPD Captain Taylor are very appropriate.
16 • Secure fencing around the perimeter of the site is very important, particularly on the south
17 and west sides of the property to provide some security measures for the neighboring
18 businesses, as well as on the east side to make it more difficult to access the orchard.
19 • The project will result in a lot more litter in the area. It would not be unreasonable for the
20 applicant to assume some responsibility for keeping the area clean of litter.
21
22 PUBLIC HEARING CLOSED: 8:14 PM.
23
24 The Commission continued discussion concerning the use permit findings and whether the use permit
25 is appropriate for the proposed location and the business a good fit. With the exception of the alcohol
26 component is the gas station and mini-mart an appropriate use for the area?
27
28 Commissioner Helland: Okay with the gas station and mini-mart use. Would not support approval of
29 the project because the outlet is allowed to sell alcohol. She cited some of the behavioral and health
30 problems linked with alcohol consumption. Among the problems relevant to sale of alcohol is crime.
31
32 Commissioner Sanders: The gas station/mini-mart is an appropriate use. Supports UPD Captain
33 Taylor's conditions restricting the sale of alcohol. Has concerns about the degree of debris and
34 garbage that will result from the products being sold from the mini-mart. Would like to see a sufficient
35 number of recycling containers and garbage receptacles for the products that will be sold. Supports a
36 project imposing a condition to address trash/debris that would result from the business. Is pleased
37 the applicant intends to be a good neighbor by helping with nuisance issues and other types of
38 problems.
39
40 Chair Pruden: Can the Commission require a Management Plan detailing what the applicant will do
41 with regard to trash and litter?
42
43 Planning Staff: The Commission can require a Management Plan dealing with on-site activities. Off-
44 site is a little more difficult because of the public right-of-way and private properties where the
45 applicant has no right of access and could be considered to be trespassing. The project conditions
46 can require a Management Plan to address debris/trash containers on-site and details about the
47 operation as a gas station and retail outlet. The project can also be conditioned to require the
48 applicant work closely with the neighbors to address off-site nuisance issues, such as clean-up of
49 trash/debris. Recommends asking the applicant what he is willing to do about trash/debris clean-
50 up/improvements in the area.
51
52 Chair Pruden: The Management Plan is probably a good idea even though the applicant is willing to
53 do what he can to be a good neighbor. The question is such a Plan really necessary since the
54 applicant is willing to do what he can as a good neighbor. The applicant cannot be conditioned to go
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 13
1 on private properties to conduct clean-up efforts. The issue is really about the type of clientele that
2 trespass in the orchards and/or other neighboring private properties.
3
4 Planning Staff: Recommends requiring the applicant provide a Management Plan that specifically
5 addresses debris/litter and/or other on-site issues and that this Plan be required prior to Building
6 Permit approval and subject to staff/Planning Commission approval. The Plan can also provide
7 provisions that the applicant work with neighboring property owners concerning off-site issues. In
8 order to require the applicant to work with the neighbors and comply with the plan, the plan would
9 have to be a condition of approval.
10
11 Commissioner Sanders: A responsible business wants to work with the neighbors. The applicant
12 has demonstrated his desire to be a good neighbor by working with Mr. Hull about nuisance issues at
13 his E. Gobbi Street gas station/mini-mart. The Commission can require trash receptacles and
14 recycling containers on the site. Concerns about the trash/debris issue can be handled by staff when
15 the Building Permit is issued. It would be perfectly acceptable for staff to review the Management
16 Plan.
17
18 Commission: There was discussion about the Management Plan and the concern for the applicant
19 being a good neighbor.
20
21 Planning Staff: Addressed the project condition related to potential off-site issues and being a good
22 neighbor. It could be part of the Building Permit plan process, the applicant would have to provide
23 documentation that an `out-reach' has been made to the neighboring property owners even if it is as
24 simple as a letter specifying the conditions were the result of concerns raised by the Planning
25 Commission. It may be there is no solution, but at least the out-reach was made to the neighbors.
26
27 PUBLIC HEARING RE-OPENED: 8:27 PM.
28
29 Chair Pruden: Asked what the applicant offers to do about the problems in the area that have to do
30 with the homeless/transient population, since his business will draw attention to this sector of the
31 population. The business and orchard owners also have to make a living.
32
33 Haji Alam: He cannot control whether or not people purchase alcohol and/or whether or not they go
34 to the neighboring orchard to drink it. His E. Gobbi/Leslie Street mini-mart also drew the attention of
35 the homeless/transient population, which created problems for his store and neighboring businesses.
36 As a result, he set rules and policies for the transient population by changing some of his business
37 practices. While there is no real solution, the action taken did reduce the number of incidents to City
38 police and issues at this gas station/mini-mart. As a business owner, he understands his duties of
39 responsibility. For instance, it is his responsibility not to sell alcohol to a minor or sell to a person that
40 is clearly intoxicated. He reserves the right to refuse a patron. He is willing to work with the neighbors
41 on any number of issues that could arise.
42
43 Commission: Discussed that a use permit can be revoked if is there are violation(s) of the project
44 conditions of approval. There was additional discussion concerning the contents of a Management
45 Plan. Can the Management Plan effectively address crime?
46
47 Chair Pruden: Stores that operate 24-hours have a different type of clientele depending on the time
48 of day.
49
50 UPD Captain Taylor: Hiring private security is one way to address crime. This has been highly
51 effective at the Safeway store, which has definitely had an impact on the type of behaviors that occur.
52
53 Commissioner Molgaard: It is difficult to be specific with regard to a Management Plan. For
54 instance, does one say if there is `X' number of police calls, then private security is necessary. At
55 what point does a Management Plan become a judgment call?
56
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 14
1 Planning Staff: Based on the comments made so far, there is already a good basis for a
2 Management Plan. Recommended incorporating some of the comments/suggestions expressed
3 tonight along with some of the ARCO's standard business practices related to lighting, clear glass
4 storefronts, and security cameras into a Management Plan for review by Captain Taylor and the
5 Planning Commission.
6
7 Commission: Discussed the matter of constructing additional fencing and asked if the adjacent hotel
8 would be willing to share the cost of five feet more of fencing to the applicant's property line so there
9 would be no access between the hotel and mini-mart.
10
11 Hagi Alam: The hotel and mini-mart are at different grade levels. It may not be attractive to construct
12 fencing on properties having grade differentials whereby the two fences would not complement one
13 another. The mini-mart will be open 24-hours so the lighting and other security measures would be
14 sufficient as a deterrent.
15
16 Commissioner Molgaard: Supports that the issue of dealing with graffiti be addressed in the
17 Management Plan. The matter of graffiti and abatement measures can be addressed in a
18 management letter to the neighbors.
19
20 UPD Captain Taylor: The City does not currently have an ordinance that addresses graffiti that
21 requires the property owner to take some type of action.
22
23 Commissioner Molgaard: Asked about hours for the selling of alcohol.
24
25 Rick Warren: The hours are dictated by law.
26
27 Chair Pruden: The applicant has the right to stop selling liquor when he desires.
28
29 Staff: The applicant could voluntarily agree to a condition of approval that limits the hours to sell
30 alcohol.
31
32 Commissioner Molgaard: Recalled another gas station/mini-mart project on E. Perkins where the
33 hours of operation were restricted.
34
35 It was noted the hours of operation were restricted in this case due to potential light impacts to the
36 neighborhood. The proposed project will be open 24-hours so there is essentially no `hours of
37 operation'to regulate.
38
39 Staff: The question is whether the City or Planning Commission has the authority to interfere with
40 State law requirements related to alcohol and hours of sale for alcohol. This is a question for an
41 attorney.
42
43 Haji Alam: Alcohol cannot be sold 24/7. Alcohol can only be sold during certain hours. He can refuse
44 a patron. He must conform to State law with regard to the sale of alcohol. His permit can be revoked
45 for violations.
46
47 Commissioner Molgaard: The time of day that likely causes alcohol-related vehicular accidents is
48 probably between 12 midnight and 2:00 a.m.
49
50 Commissioner Helland: Local government should have the authority to protect the health, safety
51 and welfare of its citizens.
52
53 Staff: If City Council as the elected officials decided to adopt an ordinance controlling alcohol or the
54 sale of alcohol in some way, this would then be a policy decision. The purpose of tonighYs meeting is
55 discretionary review of a SDP and UP wherein the concern about alcohol and the sale of alcohol
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 15
1 would be singling out this particular project for special hours when the City/Planning Commission may
2 not have any authority in this regard.
3
4 Commissioner Molgaard: Recommended at some point looking at other city ordinances that in
5 some legal way restricts alcohol and/or sale of alcohol for projects that will not automatically get
6 appealed and takes into consideration the health, safety/welfare and crime element associated with
7 the use.
8
9 PUBLIC HEARING CLOSED: 8:36 PM.
10
11 Commissioner Helland: Supports the Use Permit with drastic reductions in alcohol sales.
12
13 Commissioner Sanders: Supports the Use Permit and Management Plan to be formulated for later
14 review by the Planning Commission.
15
16 Commissioner Molgaard: Supports the Use Permit/Management Plan with better understanding of
17 the recommended restrictions of the alcohol sales. (Conditions 13 and 14 have some redundancies).
18
19 UPD Captain Taylor: This is the language that ABC uses to restrict licenses.
20
21 Chair Pruden: Has concerns about the alcohol component of the project, otherwise supports project.
22
23 Commission Consensus:
24
25 1. Use Permit Findings— No Change;
26 2. Site Development Findings—Finding No. 1 to read the same as Finding 1 D for the use permit;
27 3. Use Permit and Site Development Permit Conditions of Approval—Changes: Based on discussion
28 above the Commission added new conditions (Nos. 11 through 14) as follows:
29
30 11. Plans submitted for building permit shall include the following and are subject to staff review and
31 approval:
32
33 A. A revised landscaping plan that includes the removal of the palm trees.
34 B. Location of protective tree fencing for the existing trees located on the adjacent motel property to
35 ensure that construction of the project does not result in damage to these off-site trees. Protective
36 tree fencing shall be metal, a minimum of 5-feet in height, and secured with in-ground posts and
37 located 5-feet outside of the dripline of the trees to be protected.
38 C. Slate or tile wainscot treatment shall be added to the building. This same treatment shall be used
39 on the support columns for the canopy.
40 D. Notes on the site plan that indicate reflective paint will be used to illuminate the pedestrian path the
41 runs through the parking area.
42
43 12. A Store Management Plan shall be submitted for review and approval by the Planning Department and
44 Police Department prior to issuance of the building permit. At a minimum, the Management Plan shall
45 include the following elements.
46
47 A. How collection of onsite trash and recycling will be handled in order to control onsite and offsite
48 litter.
49 B. How the property owner will work with adjacent neighbors to minimize any negative effect the
50 operation of the business may have on the neighboring properties.
51 C. Documentation that the owner has contacted neighboring property owners in order to work out a
52 plan to address any impacts that may result from the project shall be submitted to staff as part of
53 the Store Management Plan.
54 D. Identify the specific security features that will be in place to minimize loitering and to ensure the
55 safety of the customers and surrounding properties, including those specifically identified at the
56 public hearing including the use of interior and exterior security cameras, two employees onsite at
57 any time, exterior site lighting, large clear glass storefront to provide "eyes on the streeY' and no
58 charge accounts for customers.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 16
1 E. Based on information from the Police Department, a threshold for the number of calls shall be
2 established that will trigger the requirement to provide onsite security personnel. All expenses
3 associated with providing security personnel are the responsibility of the owner.
4
5 If staff and the applicant/property owner cannot reach agreement on the Store Management Plan, the
6 management plan shall return to Planning Commission for review and approval.
7
8 13. The Final Lighting Plan required in condition #5 above is required to be reviewed and approved by the
9 Police Department.
10
11 14. If it is determined by the arborist report that the tree is not healthy and/or is unable to withstand
12 construction impacts then the tree shall be replaced with 25 gallon size live oak in the general location
13 and sited to ensure the long-term health of the tree (such as avoiding impacts related to truck and
14 vehicle traffic and reducing the amount of impervious surface that encroaches into the dripline of the
15 tree.
16
17 Note: Conditions from the Ukiah Police Department—(re-numbered 15 through 21). Former Condition
18 of Approval No. 14 renumber to 18 modified to read: `The sale of beer or malt beverages in quantities
19 of quarts, 22 oz., 32 oz., 40 oz. or similar size container is prohibited. No beer or malt beverages shall
20 be sold in quantities of less than six per sale.'
21
22 M/S Sanders/Pruden to approve BP/ARCO Gas Station and Mini-Mart Use Permit and Site
23 Development Permit No. 07-23-UP-SDP-PC with Use Permit Findings 1-3, Site Development Permit
24 Findings 1-11 and Use Permit/Site Development Permit Conditions of Approval 1-34 with the
25 changes/additions to the project conditions made above to reflect Commission discussion. Motion
26 carried with the following roll call vote:
27
28 AYES: Commissioner Sander, Commissioner Molgaard, Chair Pruden
29 NOES: Commissioner Helland
30 ABSENT: Commissioner Whetzel
31
32 Staff added a condition from the Ukiah Valley Sanitation District(No. 26).
33
34 USE PERMIT FINDINGS TO ALLOW A AUTO GAS STATION, 2,400 SQUARE FOOT MINI-
35 MARKET AND 600 SQUARE FOOT LEASE SPACE TO BE LOCATED AT 615 TALMAGE ROAD
36 APN 180-070-10.
37
38 The following findings are supported by and based on information contained in this staff report, the
39 application materials, project plans, and documentation, and the public record.
40
41 1. The proposed land use, as conditioned, is consistent with the provisions of the zoning
42 code as well as the goals and policies of the City General Plan for the following reasons.
43
44 A. The project site is zoned Community Commercial (C1). The gas station and mini-market are
45 permitted uses in the C1 zoning district with approval of a use permit.
46
47 B. The project meets the intent of the C1 zoning district in that the auto gas station and mini-
48 market will provide commercial opportunities on a primary transportation corridor within the
49 City. The project has frontage on and access from Talmage Road which is identified as an
50 Arterial roadway.
51
52 . C. The following unique circumstances specific to the proposed use allow for a lower demand for
53 parking.
54
55 • Many customers of gas station will visit the mini-market while the vehicle is at the gas
56 pump.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 17
1 • Customers of the mini-market have a fast turn over allowing for parking space
2 availability.
3 • Only two employee parking spaces are needed for employees based on the project
4 description.
5 • Some customers will travel to the mini-market via foot or bicycle.
6 • Additional parking needed for the vacant commercial space would be addressed as
7 part of evaluation of proposed use.
8
9 D. The General Plan land use designation of the project site is Commercial (C). This land use
10 designation is intended to allow for a variety of commercial uses in areas that are served by
11 publicly-maintained roads and in areas with anticipated growth. Examples of allowable uses
12 include retail, service business, general commercial, public facilities, places of public
13 assembly, parking lots and residential uses. The proposed gas station and mini-market are
14 consistent with the uses intended for the Commercial land use designation.
15
16 The project is consistent with Economic Development Goal ED-1 to support a strong local
17 economy in that the project will allow a new business(es) to occupy a commercially zoned
18 parcel that will serve the citizens of Ukiah and the Ukiah Valley, furthermore the re-use and
19 development of the project site will generate additional property tax and sales tax for the City.
20 The project also supports a strong local economy by cleaning up and developing a site that
21 has become degraded and has the potential to become an attractive nuisance. The
22 development of the site will enhance the area by constructing a new commercial building, the
23 facilities necessary for the gas station, and installing onsite and right-of-way landscaping and
24 street trees. This has the potential to encourage improvements to other properties and
25 buildings in the area.
26
27 The project site is located on one of the City's identified gateways and provides a first
28 impression to visitors and residents to the City of Ukiah. Currently the site contains a vacant
29 building. As noted above, this project would clean up the parcel hence presenting an
30 attractive introduction to the City and supporting Community Design Goal CD-7 to Improve
31 the appearance of the area gateways.
32
33 2. The proposed land use, as conditioned, is compatible with surrounding land uses in that the
34 project site is located within an existing commercial corridor and is surrounded by commercial
35 uses (motel, offices, and an auto repair business) and that the project site has been used as an
36 auto repair business in the past.
37
38 3. The proposed land use shall not be detrimental to the public's health, safety and general welfare
39 for the following reasons:
40
41 A. Alcoholic Beverage Control has issued a license for the sale of wine and beer for this site.
42
43 B. The project was reviewed by the Police Department. The comments from the Police
44 Department indicate that the project would not be detrimental to the public, heath, safety and
45 welfare if the appropriate conditions are applied to the project which would address the
46 following concerns raised by the Police Department(see conditions 13-19).
47
48 Based on Police Department experience with similar businesses that sell beer and wine,
49 businesses that sell single containers of beer and wine and any high alcohol content "malt
50 liquor/flavored malt liquor" have the ability to increase the likelihood that alcohol consumption
51 would occur on or near the premises. This has the ability to increase loitering and the
52 propensity for criminal behavior increasing the need for police response.
53
54 The project site has no other retail establishments in close proximity making the site less
55 visible to the public's watching eye and more prone to criminal activities. The site is located in
56 the direct path of daily movement of a significant population of homeless. Prohibiting the
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 18
1 consumption of alcohol on site would reduce the likelihood of loitering. Prohibiting the sales of
2 "singles" and requiring alcohol to be sold as pre-packaged by the manufacturer would also
3 reduce the likelihood that alcohol would be consumed onsite or in the area. Fencing the rear
4 of the building would prohibit access to the rear of the building reducing the likelihood of
5 loitering and eliminating an area that would be used for undesirable behavior. The proposed
6 24-hour operating hours will provide a constant onsite presence and additional "eyes on the
7 streeY'which assists in reducing undesirable and/or unlawful behavior.
8
9 Areas that are unenclosed and out of the public view present an unsafe condition that invites
10 loitering and unlawful behaviors. Requiring the rear of the building to be fenced to prohibit
11 access would eliminate this problem.
12
13 The project was reviewed by the City Building Official, the Public Works Department and Fire
14 Marshal their comments have been added as conditions of approval.
15
16 SITE DEVELOPMENT FINDINGS TO ALLOW CONSTRUCTION OF A GAS STATION WITH MIN-
17 MARKET AND RETAIL SPACE TO BE LOCATED AT 615 TALMAGE ROAD APN 180-070-10
18
19 The following findings are supported by and based on information contained in this staff report, the
20 application materials and documentation, and the public record.
21
22 1. The General Plan land use designation of the project site is Commercial (C). This land use
23 designation is intended to allow for a variety of commercial uses in areas that are served by
24 publicly-maintained roads and in areas with anticipated growth. Examples of allowable uses
25 include retail, service business, general commercial, public facilities, places of public
26 assembly, parking lots and residential uses. The proposed gas station and mini-market are
27 consistent with the uses intended for the Commercial land use designation.
28
29 The project is consistent with Economic Development Goal ED-1 to support a strong local
30 economy in that the project will allow a new business(es) to occupy a commercially zoned
31 parcel that will serve the citizens of Ukiah and the Ukiah Valley, furthermore the re-use and
32 development of the project site will generate additional property tax and sales tax for the City.
33 The project also supports a strong local economy by cleaning up and developing a site that
34 has become degraded and has the potential to become an attractive nuisance. The
35 development of the site will enhance the area by constructing a commercial new building, the
36 facilities necessary for the gas station, and installing onsite landscaping and street trees. This
37 has the potential to encourage improvements to other properties and buildings in the area.
38
39 The project site is located on one of the City's identified gateways and provides a first
40 impression to visitors and residents to the City of Ukiah. Currently the site contains a vacant
41 building. As noted above, this project would clean up the parcel hence presenting an
42 attractive introduction to the City and supporting Community Design Goal CD-7 to Improve
43 the appearance of the area gateways.
44
45 2. The proposed project will not create a hazardous or inconvenient vehicular or pedestrian
46 traffic pattern because of the following.
47
48 • The proposed project is located on a site that is at the intersection of two arterial streets.
49 • A Traffic Impact Analysis was completed to evaluate traffic impacts of the proposed
50 project. It was concluded that the project will not adversely impact the traffic patterns at
51 the intersection. The analysis was reviewed by the City Public Works Department and
52 CALTRANS.
53 • The site has been used in the past for a similar use.
54 • The project and Traffic Impact Analysis has been reviewed by Public Works Department
55 and it was found to be adequate in terms of vehicular and pedestrian traffic patterns.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 19
1 • On site improvements include a defined pedestrian path of travel along with a new
2 driveway on Hastings and the relocation of the existing driveway on Talmage.
3 3. The accessibility of off-street parking areas and the relation of parking areas with respect to
4 traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or
5 surrounding uses based on the following.
6 • Off-street parking would be accessed from an existing driveway curb cut located on
7 Talmage Road and from a new driveway curb cut on the Hastings Road side. The
8 Talmage Road driveway is existing, and a new public sidewalk will be added as part of
9 this project.
10
11 • A traffic impact analysis was performed and it was determined that the current controls at
12 the intersection were adequate therefore the project will not change the current function
13 of the intersection.
14
15 4. The project as conditioned will provide sufficient landscaped areas for purposes of separating
16 or screening the proposed structure(s) from the street and adjoining building sites, and
17 breaking up and screening large expanses of paved areas based on the following:
18 • The project is required to comply with the landscaping requirements of the C-1 Zone.
19 The project is generally consistent with these requirements.
20
21 • The project provides the following landscaping features:
22 1) Trees and landscaping along the project frontage will provide screening of the
23 project as viewed from the street.
24 2) Vegetation along the project perimeters that will provide screening.
25 3) The project meets the requirement for 50% tree canopy over paved areas.
26
27 5. The proposed development will not restrict or cut out light and air on the property, or on the
28 property in the neighborhood; nor will it hinder the development or use of buildings in the
29 neighborhood, or impair the value thereof
30
31 • The project complies with the C-1 height and setback requirements which are developed in
32 order to ensure adequate light and air and separation of uses. The project would not cut out
33 light or air or hinder the development or use of building in the neighborhood based on the
34 following:
35 1) The properties to the west and south are already developed there is approximately a
36 30 foot separation between the proposed project and the existing development to the
37 west.
38 2) The project is appropriately designed as required by C-1zone development
39 standards. The project has been reviewed by the Design Review Board and requires
40 Planning Commission approval. This process ensures a quality project that would not
41 impair the value to properties or development.
42 3) The existing buildings on the site will be removed.
43
44 6. The site is not located in or adjacent to a residential zoning district.
45
46 7. The proposed development as conditioned will not excessively damage or destroy natural
47 features, including trees, shrubs, creeks, and the natural grade of the site based on the
48 following.
49
50 • The site is located in a commercial area, and contains existing structures that will be
51 removed.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 20
1 • No water courses, wildlife, wildlife habitat or other environmentally sensitive areas are
2 present.
3 • The property is located within the floodplain however it is not in the floodway. As such the
4 project is subject the City's standard requirements for pre-construction and post
5 construction elevation certificates.
6 • A Certified Arborists report will be required prior to issuance of building permit to ensure
7 that the existing oak tree adjacent to the new Hastings Road entrance will not be
8 damages as a result of construction or operation of the gas station.
9
10 8. The project was reviewed by the Design Review Board and the applicant has incorporated
11 many of the recommendations into the plans in the effort to create a more attractive and
12 interesting building.
13
14 9. The building includes architectural details, materials, and articulation that avoids an
15 uninteresting box-like external appearance and avoids monotony. These details include use
16 of awnings, varied building height and score lines on the exterior finish that will break up the
17 walls.
18
19 11. The following unique circumstances specific to the proposed use allow for a lower demand for
20 parking because.
21 • Many customers of gas station will visit the mini-market while the vehicle is at the gas
22 pump.
23 • Customers of the mini-market have a fast turn over allowing for parking space
24 availability.
25 • Only two employee parking spaces are needed for employee parking based on the
26 project description.
27 • Some customers will travel to the mini-market via foot or bicycle.
28 • Additional parking needed for the vacant commercial space would be addressed as
29 part of evaluation of proposed use.
30
31 USE PERMIT AND SITE DEVELOPMENT CONDITIONS OF APPROVAL TO ALLOW
32 CONSTRUCTION AND OPERATION OF A GAS STATION WITH MIN-MARKET AND RETAIL
33 SPACE TO BE LOCATED AT 615 TALMAGE ROAD APN 180-070-10
34
35 Site Specific Conditions
36
37 1. Approval is granted to construct and operate a gas station with a 2,400 square foot mini-
38 market and 600 square feet of unidentified lease space as shown on the project plans
39 submitted to the Community Development and Planning Department and date stamped
40 November 9, 2009 except as modified by the following conditions of approval.
41
42 2. This Use Permit is granted subject to the following operating characteristics:
43
44 A. 24 hour gas station and mini-market.
45 B. 4 employees with 2 per shift.
46 C. Mini-market items for sale to include small grocery items, candy, to go deli items, fountain
47 drink and coffee.
48 D. Alcohol sales as conditioned by the Ukiah Police Department.
49
50 3. A Single Inverted — U bicycle rack shall be added to the front east side of the building. Three
51 (3) parking spaces for bikes shall be provided. The rack shall be installed prior to building
52 permit final and is subject to staff review and approval.
53
MINUTES OF THE PLANNING COMMISSION December 9, 2009
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1 4. A certified arborist report shall be prepared in regards to the exiting oak tree on the Hasting
2 Road frontage. The report shall be submitted to the Planning Department for review prior to
3 approval of the building permit. The report should include the following items:
4
5 A. Species and size of tree.
6 B. Existing health of the tree.
7 C. Impact of proposed construction work on the tree.
8 D. Impacts of vehicles on tree given close proximity to driveway.
9
10 5. A Final Lighting Plan shall be included with plans submitted for building permit for review for
11 compliance with Ukiah City Code requirements for on-site lighting and with the International
12 Dark Sky Association guidelines for reducing nighttime lighting on the site. The Final Lighting
13 Plan shall include the following.
14
15 A. Details regarding exterior lighting for structures, garden areas, and walkways, with
16 lighting sources that are full cut-off, hooded, down-cast, or otherwise shielded to ensure
17 that light does not adversely shine towards neighboring properties, or toward the night
18 sky, and that light bulbs are generally not visible to pedestrians on sidewalks or
19 designated areas or walkways on the site and at the property boundary, or to persons in
20 any building on or off the site.
21 B. All lighting shall be the minimum wattage and of a quality that provides adequate security,
22 but is not excessive and does not result in excessively bright night glow. Sufficient
23 details regarding the proposed type, wattage/luminescence, and illustration of the area
24 illuminated by each exterior light shall be provided so that Planning Staff can determine
25 the brightness and quality of the proposed lighting. .
26 C. Lighting devices and fixtures shall be designed, located and function compatible with the
27 site planning and design of the building.
28 D. The Planning Director shall have the authority to require the Final Lighting Plan to be
29 modified (including the type and wattage or intensity) and/or additional information to be
30 submitted so that the lighting meets the requirements listed above.
31
32 6. Signs are not included as part of this approval. Signs require application for and approval
33 of a sign/building permit.
34
35 7. On plans submitted for building permit, these conditions of approval shall be included as
36 notes on the first sheet.
37
38 8. A photometric plan that demonstrates that the project lighting will not be overly bright or
39 extend over property lines.
40
41 9. The plans submitted for building permit shall show clear glazing.
42
43 10. All roof top equipment shall be screened and shown on the plans submitted for a building
44 permit.
45
46 From the Planninq Commission
47
48 11. Plans submitted for building permit shall include the following and are subject to staff review
49 and approval:
50
51 A. A revised landscaping plan that includes the removal of the palm trees.
52 B. Location of protective tree fencing for the existing trees located on the adjacent motel
53 property to ensure that construction of the project does not result in damage to these off-
54 site trees. Protective tree fencing shall be metal, a minimum of 5-feet in height, and
55 secured with in-ground posts and located 5-feet outside of the dripline of the trees to be
56 protected.
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 22
1 C. Slate or tile wainscot treatment shall be added to the building. This same treatment shall
2 be used on the support columns for the canopy.
3 D. Notes on the site plan that indicate reflective paint will be used to illuminate the
4 pedestrian path the runs through the parking area.
5
6 13. A Store Management Plan shall be submitted for review and approval by the Planning
7 Department and Police Department prior to issuance of the building permit. At a minimum,
8 the Management Plan shall include the following elements.
9
10 A. How collection of onsite trash and recycling will be handled in order to control onsite and
11 offsite litter.
12 B. How the property owner will work with adjacent neighbors to minimize any negative effect
13 the operation of the business may have on the neighboring properties.
14 C. Documentation that the owner has contacted neighboring property owners in order to
15 work out a plan to address any impacts that may result from the project shall be
16 submitted to staff as part of the Store Management Plan.
17 D. Identify the specific security features that will be in place to minimize loitering and to
18 ensure the safety of the customers and surrounding properties, including those
19 specifically identified at the public hearing including the use of interior and exterior
20 security cameras, two employees onsite at any time, exterior site lighting, large clear
21 glass storefront to provide "eyes on the street" and no charge accounts for customers.
22 E. Based on information from the Police Department, a threshold for the number of calls
23 shall be established that will trigger the requirement to provide onsite security personnel.
24 All expenses associated with providing security personnel are the responsibility of the
25 owner.
26
27 If staff and the applicant/property owner cannot reach agreement on the Store Management
28 Plan, the management plan shall return to Planning Commission for review and approval.
29
30 13. The Final Lighting Plan required in condition #5 above is required to be reviewed and
31 approved by the Police Department.
32
33 14. If it is determined by the arborist report that the tree is not healthy and/or is unable to
34 withstand construction impacts then the tree shall be replaced with 25 gallon size live oak in
35 the same general location and sited to ensure the long-term health of the tree (such as
36 avoiding impacts related to truck and vehicle traffic and reducing the amount of impervious
37 surface that encroaches into the dripline of the tree).
38
39 From the Ukiah Police Department (Captain Trent Tavlor)
40
41 15. No consumption of alcoholic beverages on the premises shall be allowed.
42
43 16. Only beer and wine shall be sold and only if properly licensed by the State of California to do
44 so.
45
46 17. No beer or malt beverage products shall be sold, regardless of container size, in quantities of
47 less than six per sale and only if they are contained as pre-packaged from the manufacturer.
48
49 18. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz. or similar
50 size container is prohibited. No beer or malt beverages shall be sold in quantities of less than
51 six per sale.
52
53 19. Beer, malt beverages, and wine coolers in containers of 40 oz. or less cannot be sold by
54 single containers, but must be sold in manufacturer pre-packaged multi-unit quantities.
55
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 23
1 20. Wine shall not be sold in bottles or containers small than 750 ml. and wine coolers, beer
2 cooler, or pre-mixed distilled sprit cocktails must be sold in manufacturer pre-packaged multi-
3 unit quantities.
4
5 21. A barrier or fence shall be erected that will prevent persons from entering the area to the
6 behind he main building.
7
8 From the Department of Public Works (Ben Kaqevama)
9
10 22. Prior to construction, improvement plans shall be prepared by a Civil Engineer and approved
11 by the Department of Public Works. Public sidewalk improvements outside of the street right-
12 of-way will require a sidewalk easement dedicated to the City.
13 23. This property is located within the floodplain, and is subject to the provisions of Section 9600
14 et seq. of the Ukiah Municipal Code. The following shall be required:
15 A. A pre-construction elevation certificate, based on the plans, will be required prior to the
16 issuance of a building permit.
17 B. A post construction elevation certificate based on construction will be required prior to
18 final inspection.
19 24. If a food service facility is proposed as part of this project, pursuant to Ukiah Valley Sanitation
20 District Ordinance No. 28, an outdoor grease interceptor shall be installed, sized in
21 accordance with the California Building Code.
22 25. All irrigation and fire services shall have approved backflow devices.
23 From the Ukiah Vallev Sanitation District ( Rick Kennedv)
24 26. The property owner shall enter into an agreement with the Ukiah Valley Sanitation District for
25 a sanitary sewer easement along the east side of the parcel.
26
27 From the Fire Marshal (Chuck Yates)
28
29 27. No cooking which would generate any amount of grease-laden vapors is to be conducted
30 without installation of a hood and duct ventilation system containing a UL-300 fire
31 suppression system (CFC Section 904.11)
32 28. Within the retail operation, one fire extinguisher is shown in the office. An additional fire
33 extinguisher will be required in the public area, at a location to be determined.
34
35 From Buildinq Official ( David Willouqhbv) :
36
37 29. Three sets of a Geotechnical Report will be required along with the building plans and other
38 documents when applying for a building permit.
39
40 30. The south wall of the convenience store will need to be a 1 hour rated wall with a parapet
41 wall extending a minimum of 30" above the roof.
42
43 31. A vapor recovery tank/system will need to be shown on the plans and maintain a 10' setback
44 from the property line.
45
46 From Mendocino Countv Air Qualitv Manaqement District
47
MINUTES OF THE PLANNING COMMISSION December 9, 2009
Page 24
1 32. The project is subject to the requirements of Regulation 1 and Regulation 3 of the
2 Mendocino County Air Quality Management District.
3
4 Standard Citv Conditions of Approval
5
6 33. Business operations shall not commence until all permits required for the approved use,
7 including but not limited to business license, tenant improvement building permit, have been
8 applied for and issued/finaled.
9
10 34. No permit or entitlement shall be deemed effective unless and until all fees and charges
11 applicable to this application and these conditions of approval have been paid in full.
12
13 35. The property owner shall obtain and maintain any permit or approval required by law,
14 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
15 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
16 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
17 Permit is approved and issued.
18
19 36. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
20 future purchaser, tenant, or other party of interest.
21
22 37. All conditions of approval that do not contain specific completion periods shall be completed
23 prior to building permit final.
24
25 38. This Use Permit may be revoked through the City's revocation process if the approved
26 project related to this Permit is not being conducted in compliance with these stipulations and
27 conditions of approval; or if the project is not established within two years of the effective date
28 of this approval; or if the established use for which the permit was granted has ceased or has
29 been suspended for 24 consecutive months.
30
31 39. This approval is contingent upon agreement of the applicant and property owner and their
32 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
33 agents, officers, attorneys, employees, boards and commissions from any claim, action or
34 proceeding brought against any of the foregoing individuals or entities, the purpose of which
35 is to attack, set aside, void or annul the approval of this application. This indemnification shall
36 include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees
37 that may be asserted by any person or entity, including the applicant, arising out of or in
38 connection with the City's action on this application, whether or not there is concurrent
39 passive or active negligence on the part of the City. If, for any reason any portion of this
40 indemnification agreement is held to be void or unenforceable by a court of competent
41 jurisdiction, the remainder of the agreement shall remain in full force and effect.
42
43 11. ADJOURNMENT
44 There being no further business, the meeting adjourned at 8:52 p.m.
45
46
47 Judy Pruden, Chair
48
49 Cathy Elawadly, Recording Secretary
50
51
MINUTES OF THE PLANNING COMMISSION December 9, 2009
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