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HomeMy WebLinkAbout08142013 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA Wednesday August 14, 2013 6:00 P.M. 1. CALL TO ORDER 6:00 P.M. CITY COUNCIL CHAMBERS UKIAH CIVIC CENTER, 300 SEMINARY AVENUE 2. ROLL CALL COMMISSIONERS CHRISTENSEN, DOBLE, SANDERS, PRUDEN, CHAIR WHETZEL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES The minutes from the following meetings are included for review and approval: A. July 24, 2013 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 6. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For items on this agenda, the appeal must be received by August 26, 2013 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARINGS A. Crush Restaurant Live Entertainment, Outdoor Barbecue, and Off-Site Parking Use Permit, 1180 Airport Park Blvd. (File No.: 13-17-UP-PC). Planning Commission consideration and possible action on a Major Use Permit to allow live entertainment and an outdoor barbecue at Crush restaurant located at 1180 Airport Park Boulevard, APN 180-070-24, and to allow off-site parking for the live entertainment on the parcel located adjacent to and west of Crush on the northeast corner of Commerce Drive/Airport Road, APN 180-070-03. Continued from the 7uly 24, 2013 meeting. Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please call (707)463-6752 or(707)463-6207 to arrange accommodations. B. Held-Poage Museum Annex Building Use Permit and Site Development Permit, 603 West Perkins Street (File No.: 13-07-UP-SDP-PC). Planning Commission consideration and possible action on a Major Use Permit and Site Development Permit to allow the construction of an annex building for the Held- Poage Museum and to allow parking in the front setback at 603 West Perkins Street, APN 001-229-03. 10. PLANNING DIRECTOR'S REPORT 11. PLANNING COMMISSIONERS' REPORT 12. ADJOURNMENT Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please call (707)463-6752 or(707)463-6207 to arrange accommodations. 1 UKIAH PLANNING COMMISSION 2 July 24, 2013 3 Minutes 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Judy Pruden, Chair 7 Kevin Doble 8 Linda Sanders 9 Mike Whetzel 10 Laura Christensen 11 12 STAFF PRESENT OTHERS PRESENT 13 Kim Jordan, Senior Planner Listed below, Respectively 14 Cathy Elawadly, Recording Secretary 15 16 1. CALL TO ORDER 17 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Pruden at 18 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 19 20 2. ROLL CALL 21 22 3. PLEDGE OF ALLEGIANCE - Everyone cited. 23 24 4. APPROVAL OF MINUTES — The minutes from the April 24, 2013, May 8, 2013, and May 22, 25 2013 meetings are included for review and approval. 26 27 M/S Sanders/Christensen to approve the April 24, 2013 minutes, as submitted with Commissioner poble 28 abstaining. Motion carried (4-0). 29 30 M/S Sanders/Doble to approve the May 8, 2013 minutes, as submitted with Commissioner Christensen 31 abstaining. Motion carried (4-0). 32 33 M/S Sanders/Whetzel to approve the May 22, 2013 minutes, as submitted. Motion carried (5-0). 34 35 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 36 37 6. APPEAL PROCESS — Chair Pruden read the appeal process. For matters at this meeting, the 38 final date to appeal is August 5, 2013. 39 40 7. SITE VISIT VERIFICATION - Confirmed by Commission. 41 42 8. VERIFICATION OF NOTICE - Confirmed by staff. 43 44 9. PUBLIC HEARING 45 9A. 199 South State Major Exceptions and Site Development Permit (File No.: 13-16-EXC-UP- 46 PC). Planning commission consideration and possible action on Major Exceptions and a Major 47 Site Development Permit to allow exterior modifications to the building located at 199 South 48 School Street, APN 002-226-07, in the Downtown Zoning Code district. 49 50 Senior Planner Jordan gave a staff report. 51 52 Chair Pruden: 53 • Related to the Project background and historic inventory section of the staff report the 1999 54 Historical and Architectural Inventory survey was never adopted or completed. MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 1 1 • The 1985 and 1999 historical inventory surveys use the rating criteria for the National Register 2 of historic buildings. 3 • While the 1989 remodel of the Feibusch building affected the historical architectural 4 character/integrity of the building such that the 1999 Historical and Architectural Inventory survey 5 downgraded the historical rating finding that the property would not qualify and therefore is 6 'ineligible with no potential for any listing' with the historical National Registry, the building still 7 retains its cultural significance. The building is the former Pacific Telephone & Telegraph 8 Company office and as such is an important part of Ukiah's history. 9 • Is of the opinion that even though the architectural characteristics of the building have been 10 substantially degraded, it has not lost its historical designation for the City of Ukiah. 11 • The building is listed in the Historical and Architectural Inventory surveys and nonetheless despite 12 its architectural degradation retains its cultural value as a building of local interest. 13 • Even though the building has lost architectural significance with the remodels, particularly the 14 front fa�ade on School Street, it remains a factor in terms of consideration for the downtown and 15 what we want to occur. 16 • Although the building may not be a part of the National Registry, it does not change how we view 17 our properties. 18 • Noted the 1985 Historical and Architectural Inventory survey of historical buildings in Ukiah 19 indicates the building was constructed in 1905. Is of the opinion this may not be accurate 20 because the document talks about Pacific Telephone and Telegraphs purchasing the vacant lot in 21 1916 for construction of a service facility for the company and concluded what likely occurred is 22 the land was purchased in 1905 and the building constructed in 1916. 23 • Referred to the applicanYs comments regarding the Project dated July 15, 2013 with attached 24 associated historical information about the building, and commented the City maintains historical 25 archival files for its different properties. Thanked the applicant for including this historical 26 information about the Feibusch building. 27 28 Commissioner poble asked if the cultural significance associated with the building changes/affects the 29 draft findings in any way? 30 31 Chair Pruden: It is likely the draft findings would be affected, but rather serves as justification for how 32 one views the building in association with the building's history. Again, the building may not become part 33 of the National Registry, but is important to the citizens of Ukiah as a building that has been existence 34 since 1916. 35 36 Commissioner poble asked why the building was named the `Feibusch building.' 37 38 Chair Pruden: The building is currently referred to as the `Feibusch building' by the former owner, Ted 39 Feibusch, but will always be known historically as the Pacific Telephone & Telegraph Company office 40 building. Mr. Feibusch formerly owned several other historical buildings in the Downtown. 41 42 Commissioner Sanders: Asked if the DRB discussed whether the top portions of the windows on the 43 Church Street elevation will open and whether or not this is possible? 44 45 Staff: The DRB did not discuss whether the windows would be operable. Their concern was with the 46 proportion of the windows and that they be weighted to the ground floor windows. DRB also 47 recommended that the ground floor windows be required to have clear glazing and the windows for the 48 upper floor could have tined glazing. 49 50 Chair Pruden commented a member of the DRB talked with her about suggestions made concerning 51 possible fenestration and/or potential proportional changes to the windows on the Church Street side of 52 the building that she would like to further discuss. 53 54 Commission: MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 2 1 • Discussion concerning the window symmetry and size on the Church Street elevation as part of 2 the proposed modifications to and relocation of the windows as provided for on pages 1 and 2 of 3 the staff report. 4 • Agrees with the DRB the size of the upper windows compared with the bottom windows, makes 5 the building look top-heavy and supports their recommendation to modify the size of the window 6 openings that was accomplished by increasing the size of the window openings on the lower 7 floor and decreasing the size of the openings on the upper floor. 8 9 Commissioner Sanders inquired about the location for tenant signage as shown on the site rendering 10 and as discussed on page 2 of the staff report. 11 12 PUBLIC HEARING OPENED: 6:24 p.m. 13 14 Kevin Brogan, Owner of KPB Properties, Applicant was available to answer questions concerning the 15 proposed Project. 16 17 Commissioner Sanders: Is allowing the upper windows to open an option? 18 19 Commission Doble: Is a bike rack a consideration? 20 21 Chair Pruden: 22 • Is providing for a recessed door an option for the door on Church Street? Such a door would 23 eliminate the `flatness' appearance of the building on this side. 24 • Has no problem dividing the building into two separate tenant spaces and creating a new entry on 25 Church Street allowing for two different addresses. 26 • Related to access and the two entrances on Church Street requested clarification the single door 27 provides access to the upstairs offices and does this entrance have a separate address? 28 • Has no problem with a second entrance added on Church Street. Requested clarification this 29 entrance would be at ground level like the front entrance door? The site rendering looks as if the 30 door would be at grade level. 31 • Inquired about the thickness of the walls for the building. 32 • Would the applicant consider recessing the new door on Church Street eight or 12 inches to 33 provide for some dimensionality and get away from the `flatness' of the building on this side? 34 • The archway on the building is original to the 1929 design and inquired whether there is any 35 particular reason for the arch being removed for the single door? 36 • Does not support the fenestration proposed for the windows with plain glass and is 37 'contemporary' in appearance on a building that has some nice traditional elements. Preference 38 would be 1920s style windows with dividers. Would the applicant consider a different style for the 39 windows? In the 1920s common was a two-thirds/one-third window where the top third had 40 dividers. Accordingly, the top portion of this window type had smaller panes and provided an 41 example of the design to the applicant and Commission. Recommended the applicant look at the 42 front windows on another building on School Street (building next to the David Scott Studios) that 43 has a window design she would like to see on the Feibusch building. 44 • Other than modifying the fenestration on the window to include a divider and small panes at the 45 top likes the modifications made to the windows as proposed and as provided for on pages 1 and 46 2 of the staff report. 47 48 Kevin Brogan: 49 • Would consider allowing the upper windows to open, but preference is not to do so because the 50 second floor will be used for office space. Would like these windows to consist of 1-inch insulated 51 tempered glass for safety reasons. 52 • Prefers all the windows to be one pane and/or one piece. 53 • The Feibusch building served as County offices for many years. As such, any person working in 54 these offices had no view of anything. The intent is for these professional offices to have windows 55 people can see out of. MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 3 1 • A bike rack is a possibility. Is working with the owner of SchaYs bakery about the installation of a 2 bike rack located on the eastern side of the building by Enoteca or possibly in the arcade area. 3 • The new access entrance on Church will be 180 W. Church, which is the same address it was 4 before for the restaurant business. 5 • Confirmed the single access door to the upstairs currently functions as 170 W. Church Street. 6 This access door operates as an emergency or fire exit for the upper floor. 7 • Confirmed the entrance will be at ground level and/or the same level as the sidewalk. It was not 8 at ground level when the restaurant was in operation. 9 • Explained the structural aspects of the wall including the materials used on the Church Street 10 side and how they were constructed. 11 • Preference would be not to provide for a recessed entrance for the new door on W. Church Street 12 and explained that it could create problems structurally. 13 • Related to the archway, is of the opinion to have a single arch on the building looks architecturally 14 `odd/unnatural' and does not really fit with the other architectural features and windows on the 15 building. 16 • Has not considered a different style for the windows. Is of the opinion the front of the building 17 looks contemporary and the Church Street side does not. Likes the design and corresponding 18 look of the windows as proposed. 19 20 Commission: 21 • Discussed the archway. 22 • While the design of the archway is appreciated generally likes the proposed design for this 23 entrance. When the front of the building was dramatically changed for the remodel, this affected 24 the other architectural features on the building. Modification to the door at 170 W. Church would 25 more appropriately match the design on the rest of the building. Understands that this doorway 26 once matched the doorway at 180 W. Church, but when that entrance was eliminated and added 27 the outside arcade at the front of the building, all of the other doors were squared leaving the 28 entrance to 170 W. Church rounded. It makes sense architecturally to make this entrance 29 squared so it matches the openings and keystones on the rest of the building. 30 31 Commissioner Sanders: 32 • Will miss the archway on the building. 33 • Is of the opinion the School Street remodel `sabotaged' the design of the building. As proposed, 34 the proposed upgrade and remodel provides for a balanced design. 35 • Likes the design elements; the awnings are fine and will provide for a nice touch. 36 • Is pleased some of the design features over the doorway will be maintained. 37 • The DRB made comments and the applicant responded to those comments and came up with a 38 design that is architecturally pleasing and a nice fit for the building. 39 • Staff and applicant did a good job making the modifications and providing for a nice project. 40 • Would like to know how the DZC worked for the applicant in shaping the project. 41 42 Kevin Brogan: 43 • The DZC was helpful with shaping and streamlining the Project. 44 45 Commissioner Christensen: 46 • Likes the Project, as designed. 47 • The DRB made comments and the applicant responded to those changes so is of the opinion the 48 process worked as it should and the end product is a good project. 49 50 Commissioner poble: 51 • Likes the changes made to the building as shown on the color renderings. 52 • Has no opinion about being able to open or close the windows. 53 • Related to possible modifying the fenestration on windows as suggested by Chair Pruden, not 54 comfortable approving an alternative design he cannot see. Looking at the DRB MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 4 1 comments/recommendations regarding project, it did not come up in the DRB review of the 2 Project to change the fenestration of the windows as suggested by Chair Pruden. 3 • Is impressed with the look of the building and likes the Project, as proposed. 4 5 Commissioner Whetzel: 6 • Is pleased with the building design, as presented and with the input from the DRB. 7 8 Staff: Modifying the design of the windows as suggested by Chair Pruden would essentially change the 9 project in a manner that was not analyzed by staff and not considered as part of the environmental 10 review. The Project, including the windows, was reviewed by the DRB. The DRB has only one comment 11 related to the windows which has been addressed by the applicant. The modification could substantially 12 change the appearance of the building in a manner that should be reviewed by the DRB. 13 14 Commissioners Whetzel, Doble, Christensen, and Sanders preference was not to change the window 15 fenestration as proposed by Chair Pruden and likes the windows as designed. 16 17 PUBLIC HEARING CLOSED: 6:38 p.m. 18 19 M/S Whetzel/Doble to approve 199 South State Street Major Exceptions and Site Development Permit 20 File No.: 13-16-EXC-UP-PC with Findings 1-7 and Conditions of Approval 1-21. Motion carried (5-0). 21 22 Findings for Approval of Major Exceptions and Site Development Permit 23 199 South School Street, APN 002-226-07 24 File No.: 13-16-EXC-SDP-PC 25 26 1. The Project, as conditioned, is consistent with the General Plan as described in the staff report, 27 induding Table 1. 28 29 2. The Project, as conditioned, is consistent with the requirements for zone C (Common Traffic 30 Patten)of Ukiah Municipal Airport Master Plan as described below: 31 32 A. The building is currently vacant. Retail and office uses are Normally Acceptable Uses in the 33 C zone and are the uses of the building anticipated by the property owner. Any future use(s) 34 would be required to comply with the zoning ordinance requirements for uses and the airport 35 compatibility criteria allowed uses. 36 37 B. Based on the size of the parcel (4,780 sf), 15 people would be allowed at any one time. The 38 building is currently vacant. The density requirement is applied to the entire C zone and 39 developed parcels are allowed to continue with uses similar to past uses of the building. 40 Future uses of the building are required to be consistent with past uses and densities of the 41 building. The office and retail uses anticipated for this building and allowed by the zoning are 42 consistent with this requirement. 43 44 C. The lot coverage is almost 100% since only a small portion of the Church Street side of the 45 parcel is landscaping and there is no onsite parking. The site was developed prior to the 46 adoption of the Ukiah Municipal Airport Compatibility Criteria. Including 'h street width with 47 the parcel size would comply with this recommendation and the Project would not modify or 48 increase the existing amount of open land on the parcel or in the C zone. 49 50 3. The Project, as conditioned, is consistent with the applicable requirements of the Ukiah City 51 Code, as described in Table 3 of the staff report. Where the Project is not consistent with the 52 Downtown Zoning Code, the required Exceptions to the standard has been applied for and 53 approved (see Exception findings below). 54 55 4. The Project is consistent with the findings required for approval of Exceptions from the 56 requirements of the Downtown Zoning Code as described in Table 4 of the staff report and below. MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 5 1 2 5. The Project is consistent with findings required for approval of a Major Site Development Permit 3 as described in Table 5 of the staff report and below: 4 5 A. Design. The Project would modify window openings to create separate upper and lower floor 6 windows with a fenestration similar to the fenestration of the original building. The space 7 between the upper and lower windows would be in-filled with stucco to match the exterior of the 8 existing building. The new entry door with sidelights would replace one of the window openings, 9 maintaining the symmetry of the building openings. In order to make the space attractive to a 10 retail tenant and to enhance the pedestrian orientation, the new entry storefront includes 11 sidelights and an awning. The entry and sidelights maintain the original symmetry of window 12 placement and incorporate an awning over the entry to help identify and define the tenant space. 13 This helps breakup the long building fa�ade into smaller shopfronts. The smaller shopfront, use 14 of the awnings, and design of the storefront is consistent with many downtown shopfronts and 15 results in an enhanced design aesthetic, makes the building pleasant for users by providing view 16 and natural light, and creates a pedestrian-oriented fa�ade in the heart of the downtown. 17 18 B. Landscaping. A small section of landscaping with a small tree/large shrub would be removed to 19 accommodate the new entry door on Church Street; however, most of the existing landscaping 20 along the Church Street elevation would remain. Since the existing landscaping is likely to be 21 damaged during construction of the Project, the DRB recommended that a condition be applied to 22 the Project requiring any landscaping damaged or removed for Project construction to be 23 replaced. Staff has included this as a draft condition. 24 25 C. Resource Protection. One large shrub/small tree would be removed to install the entry. This 26 tree/shrub is not on the CDZC Protected Tree List and the removal was reviewed by the DRB. 27 Loss of this shrub/tree was not considered to be the loss of a resource. The building does not 28 have the potential to be a historic or cultural resource due to the significant modifications that 29 have occurred to the building. The Project site does not include any water bodies, the grade of 30 the site would not be changed, and any existing landscaping damaged or removed in order to 31 construct the Project is required to the replaced. 32 33 D. Health, Safety, Welfare. 34 35 ■ The Project would upgrade an existing commercial building by removing modifications to the 36 building that are not consistent with the Downtown Zoning Code in that they are not 37 pedestrian oriented. 38 39 ■ The Project would create two tenant spaces of a size that are more marketable to the types 40 of small businesses that typically prefer to locate downtown. The proposed exterior 41 modifications would upgrade an existing commercial building, allow for two smaller more 42 leasable tenant spaces and create a more pedestrian oriented street frontage by providing 43 vertically oriented, clear glazed windows at a level visible to pedestrians. 44 45 ■ The Project has been reviewed by the Building Official, Public Works, Police Department and 46 Fire Department. All recommended conditions of approval have been applied to the Project. 47 48 ■ The Project is required to comply with all applicable local, state and federal requirements. 49 50 6. The proposed project, as conditioned, is exempt from the provisions of the California 51 Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, which allows exterior 52 modifications to existing structures based on the following: 53 54 A. The 1985 Historic and Architectural Inventory rated the building 5, ineligible but still of local 55 interest. The 1999 Historic and Architectural Inventory rated the building 6Z1, found ineligible 56 with no potential for any listing, due to the extensive modifications that had been done to the MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 6 1 building. Therefore, the Project would have no effect on a historic resource or on a resource 2 that has the potential to be historic. 3 4 B. The location of the Project is not environmentally sensitive; there are no drainage courses or 5 bodies of water(such as creeks or streams)on the site. 6 7 C. The site is developed with an existing building and a small amount of landscaping. Utilities 8 and services already are available at the site. No expansion of the existing building would 9 occur as part of the Project. 10 11 7. A notice of the Project was provided in the following manner as required by the Ukiah City Code: 12 13 A. posted in three (3) places on the Project site on July 10, 2013; 14 B. mailed to property owners within 300 feet of the project site on July 10, 2013; and 15 C. published in the Ukiah Daily Journal on July 14, 2013. 16 17 Exception and Site Development Permit Conditions of Approval 18 199 South School Street, APN 002-226-07 19 File No.: 13-16-EXC-SDP-PC 20 21 1. Approval is granted for the exterior modifications to the building located at 199 South School 22 Street, APN 002-226-07, as described in the Project Description and as shown on the plans 23 submitted to the Planning and Community Development Department and date stamped July 16, 24 2013, except as modified by the following conditions of approval. 25 26 2. Prior to issuance of a building permit, the applicant shall apply for and receive the assignment of 27 an address for the new tenant space on Church Street from the Planning and Community 28 Development Department. 29 30 3. Tenant signage for the new tenant space on Church Street shall be limited to the locations shown 31 on the approved plans submitted to the Planning and Community Development Department and 32 date stamped July 16, 2013. 33 34 4. Construction hours shall comply with the City of Ukiah Noise Ordinance. 35 36 5. Plans submitted for building permit shall be in substantial conformance with the plans approved 37 by Planning Commission and these conditions of approval and are subject to staff review and 38 approval. 39 40 From the Desiqn Review Board 41 42 6. In order to be consistent with the requirements of the Downtown Zoning Code, the glazing for the 43 ground floor windows shall be clear. The windows on the second floor may be tinted. Opaque 44 and mirrored glazing is prohibited. 45 46 7. Prior to building permit final, any damaged or removed landscaping, except landscaping removed 47 to install the new entry on Church Street, shall be replaced in-kind. In-kind replacement 48 landscaping is subject to Planning staff inspection and acceptance prior to building permit final 49 50 From the Buildinq Official (David Willouqhbv) 51 52 8. Work required a building permit with plans designed by a licensed architect or engineer with 53 structural calculations addressing the vertical and horizontal loads. 54 55 From the Public Works Department(Ben Kaqevama) 56 MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 7 1 9. All work within the public right-of-way shall be performed by a licensed and properly insured 2 contractor. The contractor shall obtain an encroachment permit for work within this area or 3 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated 4 construction costs. 5 10. If the building permit value of work exceeds $110,519 or the proposed improvements create the 6 net addition of two or more plumbing fixture units to the building, the existing sanitary sewer 7 lateral shall be tested in accordance with City of Ukiah Ordinance No. 1105, and repaired or 8 replaced if required. 9 11. If the building permit value is equal to or greater than one-third of the value of the existing 10 structure, the construction, repair or upgrade of curb, gutter, and sidewalk, and addition of street 11 trees, along the subject property street frontages, may be required, pursuant to Section 9181 of 12 the Ukiah City Code. 13 14 From the Fire Department (Kevin Jennings, Division Chief/Prevention Officer) 15 16 12. Depending on the use of the tenant spaces generated by the Project, additional exits may be 17 required. Two exits shall be provided from buildings when the building has more than one story 18 above grade plane, when the number of occupants per floor exceeds 49, or when the travel 19 distance of the building exceeds 75 feet. CFC Section 1021.1-1021.2 20 21 Standard Requirements 22 23 13. Business operations shall not commence until all permits required for the approved use, 24 including but not limited to business license, tenant improvement building permit, have been 25 applied for and issued/finaled. 26 27 14. No permit or entitlement shall be deemed effective unless and until all fees and charges 28 applicable to this application and these conditions of approval have been paid in full. 29 30 15. The property owner shall obtain and maintain any permit or approval required by law, regulation, 31 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as 32 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and 33 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved 34 and issued. 35 36 16. A copy of all conditions of this Use Permit shall be provided to and be binding upon any 37 future purchaser, tenant, or other party of interest. 38 39 17. All conditions of approval that do not contain specific completion periods shall be completed prior 40 to building permit final. 41 42 18. This Permit may be revoked through the City's revocation process if the approved project 43 related to this Permit is not being conducted in compliance with these stipulations and conditions 44 of approval; or if the project is not established within two years of the effective date of this 45 approval; or if the established use for which the permit was granted has ceased or has been 46 suspended for 24 consecutive months. 47 48 19. This approval is contingent upon agreement of the applicant and property owner and their 49 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its 50 agents, officers, attorneys, employees, boards and commissions from any claim, action or 51 proceeding brought against any of the foregoing individuals or entities, the purpose of which is to 52 attack, set aside, void or annul the approval of this application. This indemnification shall include, 53 but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be 54 asserted by any person or entity, including the applicant, arising out of or in connection with the MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 8 1 City's action on this application, whether or not there is concurrent passive or active negligence 2 on the part of the City. If, for any reason any portion of this indemnification agreement is held to 3 be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement 4 shall remain in full force and effect. 5 6 20. All landscaping shall be properly maintained to insure the long-term health and vitality of the 7 plants, shrubs and trees. Proper maintenance means, but is not limited to the following: 8 9 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate 10 according to the season, i. e., more water in summer, less in the winter. 11 12 B. Additional watering shall occur during long periods of severe heat and drying winds, and 13 reduced watering shall be used during extended periods of cool rainy weather. 14 15 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic fertilizer 16 according to the recommendations of a landscaping professional. 17 18 D. Weed killers shall not be used on or near trees. 19 20 Failure to comply with the requirements listed above could result in revocation of this Permit. 21 22 21. This approval is contingent upon agreement of the applicant and property owner and their agents, 23 successors and heirs to defend, indemnify, release and hold harmless the City, its agents, 24 officers, attorneys, employees, boards and commissions from any claim, action or proceeding 25 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set 26 aside, void or annul the approval of this application. This indemnification shall include, but not be 27 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted 28 by any person or entity, including the applicant, arising out of or in connection with the City's 29 action on this application, whether or not there is concurrent passive or active negligence on the 30 part of the City. If, for any reason any portion of this indemnification agreement is held to be void 31 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall 32 remain in full force and effect. 33 34 9B. Crush Live Entertainment, Outdoor Barbeque, and Off-Site Parking Use Permit, 1180 35 Airport Park Boulevard (File No.: 13-17-UP-PC). Planning Commission consideration and 36 possible action on a Major Use Permit to allow live entertainment and an outdoor barbeque at 37 Crush restaurant located at 1180 Airport Park Boulevard, APN 180-070-24, and to allow off-site 38 parking for the live entertainment on the parcel located adjacent to and west of Crush on the 39 northeast corner of Commerce Drive/Airport Road, APN 180-070-03. 40 41 M/S Sanders/Whetzel to continue Crush Live Entertainment, Outdoor Barbeque, and Off-Site Parking 42 Use Permit, File No.: 13-17-UP-PC to a date certain of August 14, 2013. Motion carried (5-0). 43 44 10. NEW BUSINESS 45 46 10A. Election of Chairperson and Vice Chairperson 47 M/S Sanders/Christensen to nominate and elect Mike Whetzel as Chair and Kevin Doble as Vice-Chair 48 of the Ukiah Planning Commission. Motion carried (5-0). 49 50 11. PLANNING DIRECTOR'S REPORT 51 52 12. PLANNING COMMISSIONERS' REPORT 53 Commissioner poble inquired about the status of the former Post Office building located on Oak Street. 54 55 The Commission had no knowledge about the status of the building and discussed what had occurred 56 regarding the construction fence. MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 9 1 13. ADJOURNMENT 2 There being no further business, the meeting adjourned at 6:50 p.m. 3 4 5 Cathy Elawadly, Recording Secretary MINUTES OF THE PLANNING COMMISSION July 24, 2013 Page 10 1 ITEM NO. 9A 2 Community Development and Planning Department �Zty � ukah 300 Seminary Avenue Ukiah, CA 95482 planninq(a�citvofukiah.com (707)463-6203 3 4 DATE: August 14, 2013 5 6 TO: Planning Commission 7 8 FROM: Kim Jordan, Senior Planner 9 10 SUBJECT: Request for an Approval of a Major Use Permit to allow live entertainment, 11 seasonal outdoor barbecue, and valet parking for Crush restaurant at 1180 12 Airport Park Boulevard, APN 180-070-24 13 File No. 13-17-UP-PC 14 Continued from July 24, 2013 Planning Commission meeting 15 16 17 RECOMMENDATION 18 19 Staff recommends that the Planning Commission approve the proposed Project based on the 20 draft findings included in attachment 1 and subject to the draft conditions of approval included in 21 attachment 2. 22 23 PROJECT DESCRIPTION 24 25 An application has been received from Doug Guillon requesting Planning Commission approval 26 of a Major Use Permit to allow live entertainment, seasonal outdoor barbecue, and valet and off- 27 site parking for Crush restaurant at 1180 Airport Park Boulevard, APN 180-070-24, in the 28 Redwood Business Park (see attachment 3, Project Description and Plans). The application 29 requests approval of the following: 30 31 ■ Live entertainment Thursday, Friday, and Saturday nights from 8:30 p.m. to 1:00 a.m. 32 ■ Live entertainment for special occasions (Mother's Day, Valentine's Day, Graduation, 33 July 4th, Father's Day, etc.) up to 50 times per year. 34 ■ Live entertainment limited to acoustical guitar and piano, jazz, light rock; and disc jockey. 35 ■ Live entertainment limited to groups of no more than four (4) performers. 36 ■ Live entertainment with a maximum attendance of 251 persons (posted occupancy per 37 Fire Code). 38 ■ Live entertainment would be promoted through New Shopper, local newspapers, local 39 radio, Crush website and Facebook, posted flyers, television, direct mailers, and in- 40 house flyers. 41 ■ Security staff provided for live entertainment with the type of security (in-house or 42 private) dependent upon the number of patrons expected and type of live entertainment Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 1 1 with security staff responsible for policing of the parking lot to prevent loitering and that 2 alcohol consumption will be strictly controlled and is limited to inside the restaurant. 3 ■ Outdoor barbecue in the parking lot with no outdoor seating and utilizing three parking 4 spaces on Friday, Saturday, Sundays and special occasions (see above) from 11:00 5 a.m. to 5:00 p.m. 6 ■ Valet parking on the Crush restaurant parcel that includes a valet parking sign in front of 7 the building entrance in the parking lot. Five (5) parking spaces (#8-12 on the site plan) 8 would be used for valet parking in front of the building to the south. An additional nine 9 (9) parking spaces (#28-36 on the site plan) located along the south landscaping strip 10 would also be used for valet parking. Vehicles would also be valet parked on the parcel 11 located to the west and adjacent to Crush (APN 180-070-03). 12 ■ Valet parking for the live entertainment and for dinner hours at Crush with customers. 13 The amount of valet parking on- and off-site would vary depending on the performer(s) 14 for the live entertainment. 15 16 No modifications to the site, building or landscaping are proposed as part of this Project. 17 18 SETTING 19 20 The 1.02 acre site is located on a developed lot on the northeast corner of Airport Park 21 Boulevard/Commerce Drive in the Redwood Business Park section of Airport Industrial Park. 22 The site is developed with Crush restaurant, parking lot with 61 spaces, one bike rack in the 23 landscaping along the north property line, and perimeter and parking lot landscaping. The 24 Project site is zoned Airport Industrial Park Planned Development (AIP-PD) Professional Office 25 and surrounded by the following: 26 27 ■ North: Hotels and professional office uses zoned Professional Office and located in the 28 Redwood Business Park area of the AIP-PD. 29 30 ■ South: Hotel, restaurants and retail uses zoned Light Industrial / Mixed Use in the 31 Redwood Business Park area of the AIP-PD. 32 33 ■ East: Retail and commercial uses zone Retail Commercial and located in the Redwood 34 Business Park area of the AIP-PD. 35 36 ■ West: Vacant former lumber yard (AIP-PD zoned Professional Office) and the Ukiah 37 Municipal Airport. 38 39 BACKGROUND 40 41 Use Permit Approval: In 2006, Planning Commission approved a Major Use Permit to allow a 42 restaurant with bakery and meat counter to be constructed on the site (Red Hawk Restaurant 43 Use Permit #06-42). The approved project was constructed with minor modifications (removal 44 of outdoor/patio dining). The restaurant, meat counter and bakery opened as Branches in 2011. 45 At the end of 2012, Branches closed. In 2013, the restaurant was remodeled and the bakery 46 and meat counter were removed. The restaurant reported under new ownership and 47 management as Crush Italian Steakhouse. Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 2 1 2 Determination of Appropriate Use: The uses included in this application (live entertainment, 3 outdoor sales establishment, and valet parking) are not included as allowed or permitted uses in 4 the Professional Office zoning district of the AIP-PD. When uses are not included as allowed or 5 permitted uses, the AIP-PD allows the Planning Director to make a Determination of Appropriate 6 Use Determination). As such, the applicant requested the Planning Director make a 7 Determination that the proposed live entertainment, outside sales establishment (seasonal 8 outdoor barbecue), and valet parking on the adjacent site were appropriate uses for the 9 restaurant. On July 12, 2013, the Planning Director made a Determination that the proposed 10 uses would be appropriate accessory uses for the restaurant subject to Planning Commission 11 approval of a Major Use Permit (see attachment 4). 12 13 STAFF ANALYSIS 14 15 Project Description. Planning and Police Department staff have reviewed the proposed uses 16 and the operating characteristics proposed by the applicant. Below staff is providing the request 17 of the applicant along with the recommendation from staff which is based on the direction 18 Planning Commission has provided in the past on similar projects. This staff report will analyze 19 the alternative with the potential for the greatest impact. 20 21 ■ Live entertainment Thursday, Friday, and Saturday nights from 8:30 p.m. to 1:00 a.m. 22 23 Staff is proposing that live entertainment on these days begin at any time (as determined by 24 the applicant). Staff agrees the live entertainment should end at 1:00 a.m. This allows time 25 for people to mingle for a short time after the entertainment has ended and to leave the 26 premises prior to closing or within a short time of closing. Conditions of approval have been 27 prepared that are intended to limit impacts to adjacent hotels and businesses that could 28 result due to the proposed hours (see attachment 2, Planning Department and Police 29 Department conditions of approval). 30 31 ■ Live entertainment for special occasions (Mother's Day, Valentine's Day, Graduation, July 32 4th, Father's Day, etc.) up to 50 times per year. 33 34 Staff is proposing to allow live entertainment Sunday through Wednesday until 10:00 p.m. in 35 order to ensure that the live entertainment will remain an ancillary use to the restaurant and 36 will not have a negative effect on hotels guests. In order to allow live entertainment until 37 1:00 a.m. for special occasions, a condition of approval has been included allowing hours to 38 extend beyond 10:00 p.m. with Planning Director approval (see condition #11 C). The 39 applicant has indicated that for most special occasions, live entertainment would not extend 40 beyond 10:00 p.m. 41 42 ■ Live entertainment limited to acoustical guitar and piano,jazz, light rock; and disc jockey. 43 44 Staff is not proposing any modifications. Based on past experience, these types of 45 entertainment do not typically result in the calls for police or impacts to neighboring 46 businesses. Other forms of entertainment (rap, hip-hop, and similar) have resulted in the 47 need for police response and complaints from neighboring property owners. Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 3 1■ 2 ■ Live entertainment limited to groups of no more than four (4) performers. 3 4 The applicant has indicated that it is highly unlikely that they would have groups consisting 5 of more than 4 performers. Based on the size of the facility, staff agrees that this is likely the 6 case. In order to allow a larger group to perform at Crush, staff has included a condition that 7 would allow a larger group to perform with Planning Director approval(see condition #8). 8 9 ■ Live entertainment with a maximum attendance of 251 persons (posted occupancy per Fire 10 Code). 11 12 Staff is requesting Planning Commission determine the appropriate maximum number of 13 persons based on Airport Compafibility Zone and parking considerations (see discussion 14 below and has included a condition allowing a maximum of 251 people for live 15 entertainment, including people dining at the restaurant, see condition #7). 16 17 ■ Live entertainment would be promoted through New Shopper, local newspapers, local radio, 18 Crush website and Facebook, posted flyers, television, direct mailers, and in-house flyers. 19 20 Staff supports the proposed forms of advertisement. In the past, the use of private, outside 21 promoters has resulted in the need to police calls since the promoters are not local and can 22 easily walk away from the impacts created and do not have a vested interest in properly 23 managing the event to address concerns related to alcohol consumption loitering, littering, 24 noise, and related issues. All of these issues could have a negative impact on the hotels 25 and businesses in the area. Staff has included a condition of approval prohibiting the use of 26 private, outside promoters (see condition #12). 27 28 ■ Security staff provided for live entertainment with the type of security (in-house or private) 29 dependent upon the number of patrons expected and type of live entertainment with security 30 staff responsible for policing of the parking lot to prevent loitering and that alcohol 31 consumption will be strictly controlled and is limited to inside the restaurant. 32 33 The applicant has provided some information as to how security for live entertainment will 34 be provided. In order to address issues often associated with live entertainment and to 35 reduce such impacts to hotel guests and neighboring businesses, staff has included a 36 condition of approval that a Management Plan be provided that addresses noise, loitering, 37 litter, lighting, alcohol consumption, and provides the name and contact information of the 38 person with the authority to enforce the management plan and conditions of approval. This 39 is a standard condition of approval for uses that have the potential create impacts on 4o neighboring businesses and the need for calls for police response. 41 42 ■ Outdoor barbecue in the parking lot with no outdoor seating and utilizing three parking 43 spaces on Friday, Saturday, Sundays and special occasions (see above) from 11:00 a.m. to 44 5:00 p.m. 45 46 Staff is proposing to allow the outdoor barbecue year round(at the applicant's discretion) 47 from 11:00 a.m. to 5:00 p.m. as proposed by the applicant. In order to ensure adequate Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 4 1 parking and safe site circulation, staff has included conditions of approval that limits the 2 barbecue to these hours and requires the removal of the barbecue from the parking area 3 (see condition #5). 4 5 ■ Valet parking on the Crush restaurant parcel that includes a valet parking sign in front of the 6 building entrance in the parking lot. Five (5) parking spaces (#8-12 on the site plan) would 7 be used for valet parking in front of the building to the south. An additional nine (9) parking 8 spaces (#28-36 on the site plan) located along the south landscaping strip would also be 9 used for valet parking. Vehicles would also be valet parked on the parcel located to the 10 west and adjacent to Crush (APN 180-070-03). 11 12 Staff is recommending that the valet parking be allowed as determined necessary by the 13 applicant. Staff also recommends that off-site self-parking be allowed. In this case, staff is 14 recommending that if the valet parking is not successful or does not address the parking 15 needs associated with live entertainment or dinner customers, attendees of the live 16 entertainment and customers be allowed to park on the site proposed for valet parking. 17 Staff recommends that when live entertainment is provided, employees be required to park 18 on the valet parking site to keep more onsite spaces available to customers and has 19 included this as a condition of approval(see condition # 13). Staff has included a condition 20 allowing the applicant to covert or add self-parking subject to staff review and approval (see 21 condition #6). 22 23 The intent of the proposal by staff identified above and the associated conditions of approval is 24 to: reduce impacts associated with live entertainment, especially to the hotels and business in 25 the area; reduce the potential for calls for police services; allow the applicant as much flexibility 26 as possible; and address the possibility that the use permit may be assumed by another party. 27 28 General Plan: The general plan land use designation of the subject property is Master Plan 29 Area (MPA). This land use designation is intended for larger land areas where a specific plan 30 is developed in order to provide for a mix of uses and/or development standards in order to 31 address the precise planning needs of the area. The subject parcel is located on the Airport 32 Industrial Park Planned Development (AIP-PD). The most recent ordinance adopted for this 33 Master Plan Area is AIP-PD Ordinance 1098 which includes the development standards and 34 uses allowed within AIP-PD (see below). 35 36 The Project is consistent with Economic Development goal ED-1: Support a strong local 37 economy. The Project proposes to add uses ancillary to the restaurant use of the site. The 38 addition of the live entertainment would provide an entertainment opportunity that is currently 39 very limited in the Ukiah Valley in terms of venues and events. The outdoor barbecue allows 4o the restaurant to provide additional take-out or dine-in options to customers. The valet parking 41 allows additional parking to be provided to serve additional parking needs related to live 42 entertainment and the restaurant. 43 44 Ukiah Airport Master Plan. The parcel developed with Crush and the portion of the parcel that 45 would be used for valet/offsite parking is located in airport compatibility zone C (Common Traffic 46 Pattern). The parcel located on the northeast corner of Commerce Drive/ Airport Road has two 47 compatibility zones: 1) the eastern half is located in compatibility zone C; and 2) the western Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 5 1 half of the parcel is located in compatibility zone B1 (Approach/Departure Zone and Adjacent to 2 Runway. 3 4 Occupancy /Density. As part of processing the Use Permit for Red Hawk (Use Permit 06- 5 42), the Planning Department prepared a density analysis of the area bounded by Talmage 6 Road to the north, Commerce Drive to the south, Airport Park Blvd. to the east, and the 7 westerly property line of the analyzed parcels to the west (see attachment 5). The analysis 8 allowed Red Hawk to provide 174 seats in addition to 25 employees on the maximum shift. 9 10 The applicant is requesting approval of live entertainment for up to 251 people, and the 11 seating/floor plan submitted as part of this Use Permit application shows seating/occupancy 12 for 251 people (see attachment 2). This exceeds the maximum density for the site by 77 13 people (251 — 174 = 77). Planning staff provides the following density calculation in support 14 of the 251 person occupancy maximum for Planning Commission consideration. 15 16 ■ The site that would be used for valet/offsite parking is 2.53 acres. 17 ■ One-quarter of this parcel (approximately the area that could be used for valet parking) 18 is located in zone C. 19 ■ Zone C allows a maximum of 150 people per acre. 20 ■ Counting '/4 of the 2.53 parcel as Project Area and applying the 150 people per acre 21 density maximum would allow an additional 94 people (2.53 acres x 0.25 x 150 = 94). 22 23 Using the above calculation a maximum of 268 people would be allowed on the Crush 24 parcel and on the portion of the parcel used for parking (174 + 94 = 268), which exceeds the 25 occupancy requested by the applicant and the maximum allowed by the Fire Code by 17 26 people (268 —251 = 17). 27 28 The Ukiah Airport Master Plan includes Table 7A: Current Compatibility Criteria which provides 29 the compatibility criteria. The following table includes the C compatibility criteria from Table 7A 3o that apply to the proposed Project and staff analysis. 31 32 Table i: Summary of B2 Compatibility Criteria Com atibili Criteria Staff Anal sis Normally Acceptable Uses(C Zone): The proposed uses are considered accessory to the restaurant use. Live Two-story hotels, parks and entertainment is similar to parks and playgrounds. The barbecue is playgrounds,intensive retail uses,and similar to extending the restaurant kitchen outdoors.The valet/offsite multi-family residential parking would locate vehicles on the adjacent site to the west,which is Normally Acceptable Uses(61 Zone): located in compatibility zone 61 and C.Automobile parking is allowed in Automobile parking,single-story both the B1 and C zones. offices, low intensity retail, low Based on the above,the Project is consistent with the Normally intensity manufacturing Acceptable Uses. Maximum Density(C Zone): 150 Based on a 1.02 acre parcel, 153 people are allowed on the site at any people per acre time. The restaurant includes seating for 174 people which exceeds the maximum density allowed. Maximum Density(B1 Zone): 60 people per acre See Occupancy/Density discussion above. Open Land (C Zone): 15% The footprint of the building comprises 20%of the parcel. This leaves Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 6 Table 1: Summa of B2 Com atibili Criteria Com atibili Criteria Staff Anal sis Recommended 80%of the parcel as"open land"which exceeds the minimum recommended for the C zone. Open Land(61 Zone): 30%required. The parcel that would be used for valet/offsite parking is mostly vacant and undeveloped and currently provides more than 30%open land as required. Parking lots are considered "open land."Since the area that would be used for parking is located in the B1 and C zones and parking lots are considered "open land,"the Project is consistent with this requirement. 1 2 3 Zoning and Site Analysis: The zoning of the site is Airport Industrial Park Planned 4 Development (AIP-PD) Professional Office. In this zoning district, restaurants are an allowed 5 use (no Use Permit required). AIP Ordinance 1098 establishes the uses and development 6 standards for the zoning districts included in Airport Industrial Park. The applicable zoning 7 requirements are provided in the Table below along with staff analysis. 8 9 Table 2: Zoning Ordinance and Site Analysis Zoning Ordinance Requirement Staff Analysis Development Standards AIP Ordinance 1098 establishes the The Project site is developed and no modifications to the exterior of development standards for the zoning the building, building footprint, landscaping, parking lot, or site districts within the Airport Industrial Park. configuration or access are proposed as part of this application. These include requirements for lot size, The parcel that would be used for valet/off-site parking is currently building height and setbacks. vacant and was formally used as a lumber yard. The site has very few buildings(see attachment 2)and primarily pavement previously used for the outdoor storage of lumber and parking. No improvements are proposed for this site. Based on the above,the Project is consistent with the development standards for lot size, building height and setbacks. Uses Outside Sales Establishment: Allowed Outside Sales Establishment: pursuant to Determination of Appropriate The seasonal barbecue is consistent with the definition of Outdoor Use. Sales Establishment included in the Zoning Ordinance. The Retail Any business or portion of a business Commercial section of the AIP-PD does not include this use as an operated to sell,display, barter or exchange allowed or permitted use. As allowed by the AIP-PD,the Planning goods,foods, produce,or merchandise Director has made a Determination of Appropriate Use that this use outside a structure on private property. would be appropriate with Planning Commission approval of a Use Permit. In part,the basis of the determination is that the use is an Parking. Parking shall be designated for extension of the restaurant use to the parking area,that will use a minimum of three automobiles, existing parking spaces at a time when parking demand is not high, located off of the public right of way. and the use is limited to specific hours to ensure parking is available The use permit may require additional when parking demand is higher. parking,depending on the nature of Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 7 Table 2: Zoning Ordinance and Site Analysis sales proposed. Parking.The zoning ordinance requires additional parking spaces to be provided for outdoor sales establishments. The site is developed Signs.A maximum of 25%of the and there is no opportunity to provide additional vehicle parking. largest side of the vehicle or structure As noted below under Bicycle Parking,the Use Permit for Red Hawk used in the sales operations. In restaurant required the installation of bike parking.Crush operates addition one sandwich board or A- under the Red Hawk use permit and currently not in compliance frame sign pursuant to sign ordinance. with the requirement/condition to provide bike parking. Utilities.The need for sanitary sewer, Based on site visits,the outdoor barbecue would be located in the water and electrical services shall be parking lot when parking demand is low, making these spaces determined through the use permit available for the barbecue. Staff is of the opinion that based on the process,and all hookups shall comply hours of the barbecue use,the parking demand that occurs during with the code. these hours, and bringing the bike parking into compliance with Use Permit 06-42 would provide adequate parking for the restaurant Business License. Business license and outdoor sales establishment use. must be prominently displayed at all Staff requests Planning Commission,as part of its review of this Use times,and the operator shall have Permit,determine if the vehicle parking and bike parking is proof of board of equalization sales adequate to serve the restaurant and barbecue uses. permit. Signs. No new signs are proposed for the barbecue. Utilities.Crush has utilities and restrooms to serve the outdoor barbecue. The Project was referred to Environmental Health which provided no comments on or requirements for the Project. Business License.Crush has a current City of Ukiah business license. Live Entertainment Live Entertainment Allowed pursuant to Zoning Administrator The applicant is requesting approval of live entertainment. This use Determination of Appropriate Use(see is not identified as an allowed or permitted use(allowed with attachment 4). approval of a Use Permit) in the Light Industrial/Mixed Use zoning district of the AIP-PD. The required Determination of Appropriate Use has been made by the Planning Director. The proposed live entertainment use has been reviewed by staff, including the Police Department. The Police Department has concerns related to the use becoming a primary use and turning into a "night club,"since this type of use usually results in impacts to existing businesses and neighborhoods and increased calls for police services. The Planning Department and the Police Department developed conditions of approval to address impacts that may occur at a live entertainment venue and address the safety,security and compatibility concerns of the Planning Department and Police Department(see attachment 2). One primary consideration for this use permit is that while staff is familiar the applicant and the applicant has a good track record,the Use Permit for the live entertainment will run with the land and not the applicant. Valet/Off-Site Parking Valet/Off-Site Parking Allowed pursuant to Zoning Administrator The Project would include valet parking for the live entertainment Determination of Appropriate Use(see use and has identified the location of the valet parking drop-off and Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC S Table 2: Zoning Ordinance and Site Analysis attachment 4). pick-up for vehicles what would be parked on the Crush parcel and the adjacent parcel. Staff has no concerns regarding the location proposed off-site parking for valeted vehicles and acknowledges that the location may need to be modified in the future once the applicant has experience in how the proposed location functions. Staff has included a condition of approval allowing a modified location to be approved by the Planning and Police Department without review of a Use Permit Amendment(see condition#6). In the event the applicant would prefer to no longer provide valet parking,would like allow customers to"self-park"their vehicles on the parcel proposed for valet parking,or would like to provide a combination of both depending the live entertainment and needs to the restaurant,staff has included a draft condition of approval allowing this to occur subject to staff review and approval. Should staff not be able to approve the request for some reason, the applicant would then be required to apply for Planning Commission approval of an amendment to this Use Permit(see condition#6). Vehicle Parking AIP Ord. 1098: Adequate off-street parking Existing Use: Based on 174 seats plus the bakery ad butcher shop, shall be provided to accommodate the Red Hawk was required to provide, 62 parking spaces. The Project parking needs of employees,visitors,and was constructed with 61 parking spaces;and there is no room on company vehicles. The minimum number the site to provide additional parking.Crush increased the number of off-street parking spaces shall generally of seats to 251 and removed the bakery and butcher shop. Based be provided according to the requirements on 251 seats, 63 parking spaces are required which is two(2)fewer of the Ukiah City Code. than provided on the site. Outdoor Sales/Display(Outdoor Outdoor Barbecue: The outdoor barbecue would utilize three Barbecue): A minimum of three(3) parking onsite parking spaces. As noted above,the site provides two(2) spaces located off the public right-of-way fewer parking spaces than required. However,the barbecue would with no automobile maneuvering permitted utilize these parking spaces during a time of decreased parking in the right-of-way. Additional parking be demand, making up to three parking spaces available the outdoor required as part of the Use Permit barbecue. Based on site visits and information from the applicant, depending on the nature of the sales. the parking is approximately%2 full during the hours proposed for ZO section 9082 the outdoor barbecue. Therefore,staff supports the number of parking spaces used for the barbecue,subject to the hours and Restaurants and Bars:A minimum of four other requirements included in the conditions of approval. (4) parking spaces plus one space for each three seats. During evening hours,it can be difficult to park onsite. It is likely ZO section 9198(DJ(1J that the live entertainment will require more parking than currently provided on the site and needed to serve customers of the Live Entertainment: No specific parking restaurant;therefore,valet parking has been proposed as part of requirement exists and the required this Use Permit. parking is determined through the evaluation of the required Use Permit. Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 9 Table 2: Zoning Ordinance and Site Analysis Bike Parking One bike parking space for every ten (10) The Red Hawk Project was required to install one bike rack at the employees plus one space for every 50 front on the building as part of the Use Permit for Red Hawk vehicle parking spaces. Restaurant. Although,the required bike rack was installed as AIP Ord. 1098 required prior to the opening of the restaurant,the bike rack has been moved to the landscaping area at the north property line. The bike rack is no longer anchored to the concrete. This and the location make the bike rack unusable and out of compliance with the originally approved Project. Staff has included a draft condition of approval that the existing bike rack be reinstalled at the front of the building as required by the Use Permit approval for Red Hawk. Based on 63 required parking spaces and 25 employees on the maximum shift,3bike parking spaces are required.Three bikes can be accommodated in the existing bike rack. It is reasonable to expect that more than three(3) people will ride their bike to see live entertainment. The applicant has indicated that there is no room on the site and they would prefer not to provide bike parking. Staff agrees there are few good locations on the site for bike parking due the amount of development on the site. Staff requests Planning Commission determine the appropriate number of bike spaces needed to serve the proposed Project. Should Planning Commission determine that additional bike parking should be provided as part of this use permit,a condition of approval would need to be added identifying the number of additional bike parking spaces required. Landscaping See Attachment 6 for AIP Ordinance 1098 The site is currently landscaped and no new landscaping is proposed landscaping requirements. and no landscaping would be removed as part of this application Based on the scope of the project and the fact that there are no additional opportunities for landscaping on the site,installation of new landscaping is not required. 1 2 3 Use Permit. In order to approve a Use Permit, the findings included in Zoning Ordinance 4 section 9262(E) are required to be made. The required findings and staffs analysis are included 5 in the table below: 6 7 8 9 10 11 12 13 Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 10 Table 3: Use Permit Anal sis Use Permit Findings Staff Analysis The proposed land use is consistent The proposed project is consistent with the General Plan as described with the provisions of this Title as well under General Plan above. as the goals and policies of the City General Plan. The project is consistent with the Zoning Ordnance as described in Table 2 above. The proposed land use is compatible Outdoor Barbecue. with surrounding land uses and shall The outdoor barbecue would be located in the parking lot and would not be detrimental to the public's utilize three parking spaces during non-peak hours. It is not uncommon health,safety and general welfare. for a restaurant or grocery store to operate an outdoor barbecue as an extension of the primary use the business and the days and hours proposed for the use are consistent this an ancillary use. Conditions of approval have been applied to the outdoor barbecue to ensure that the parking spaces available during peak hours to ensure that people visiting the barbecue are not parking on other sites due to a lack of parking. In addition,a condition has been applied requiring all applicable permits for the operation of the barbecue be acquired by the applicant prior to commencement of the use. The Planning Director made a determination of appropriate use that the outdoor barbecue would be appropriate with Planning Commission approval of a Use Permit. The Planning Commission may apply any additional conditions of approval it deems necessary to ensure the outdoor barbecue would not have a detrimental effect on the public's health,safety and general welfare. Based on the above,the outdoor barbecue is consistent with this finding. Live Entertainment. Live entertainment would be located inside the restaurant and it is not uncommon for restaurant/bars to provide live entertainment as an ancillary use.Staff is recommending more days and hours for live entertainment than proposed by the applicant and has developed conditions of approval that would address compatibility concerns that may be related to the extended hours. Staff has also added a condition that allows staff to approve larger groups that proposed by the applicant. Due to concerns related to the number of people on the site and in the building at any one time and limited parking on the site, it is staffs opinion that these larger groups should be reviewed on a case by case basis. Staff has discussed this approach with the applicant. The applicant has indicated that they do not anticipate groups larger than four(4)and appreciate the flexibility this condition would provide. The live entertainment use has been reviewed by staff and outside agencies. The Police Department, Fire Department,and Planning Department have provided conditions of approval necessary to ensure the live entertainment use is consistent with this finding. A primary concern related to the proposed use is impacts to the hotels Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 11 Table 3: Use Permit Anal sis Use Permit Findings Staff Analysis located to the north and south of the project site. The hotels are an important source of economic and business development for the city. Live entertainment has the potential to affect the users of the adjacent hotels as a result of noise, littering,and loitering that are often associated with this type of use. These impacts most often occur due to poor management of the use and/or a lack of a Management Plan. Planning staff has worked with the Police Department to develop conditions of approval that would address these potential affects. Most of the conditions applied to the Project have been applied to previous live entertainment projects(most recently,the use permit for The Office). The site currently provides fewer parking spaces than required by City Code(see parking discussion above). There is no opportunity to provide additional onsite parking. In order to accommodate a likely increase in the need for parking,the applicant has proposed valet parking. Staff is also analyzed the use of the parcel proposed for valet parking for offsite "self-park"to provide the additional parking that may be needed for live entertainment(see valet/offsite parking discussion below). Most of the conditions of approval applied to the Project related to live entertainment are intended to ensure that the Project is consistent with compatible with the hotels located in the immediate vicinity. Most other businesses in the area will be closed when live entertainment is occurring. Another concern related to live entertainment and past experience with this type of use is that the use permit will run with the land and not the applicant for the use permit. The applicant for the use permit has a good track record with the City. In order to ensure that a change in ownership or management of the restaurant does not result in business operations that are no longer consistent with this finding,staff has included conditions of approval to address potential impacts that could result due to a change in ownership/management, including informing the City of any change and proving a written description of any proposed changes in operation to the Planning Department for review to ensure consistency with this Use Permit. Valet/Offsite Parking. No changes are proposed for the site of the offsite valet parking and/or self-parking. The site is already paved and lighted. The site has previously been used for the display of vehicles for sale. Parking use would be compatible with the area in that the airport is located to the west of the site,the restaurant use the parking would serve is located to the east,and the area is developed with hotels, retail commercial and restaurant uses that also have parking lots. The proposed parking has been reviewed by staff and outside agencies.As noted below,the comments received for the Project have been included as conditions of Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 12 Table 3: Use Permit Anal sis Use Permit Findings Staff Analysis approval. No conditions of approval were recommended for the valet parking other than those recommended by the Planning and Police Department. A condition of approval has been drafted that requires Planning Department approval to allow the parking to be converted to self-park or a combination of valet and self-park. The intent is to ensure that if the conversion to self-park,staff has an opportunity to review the revised parking and ensure compliance that any additional requirements or the need to make improvements to the parking area. All Uses The project has been reviewed by the Fire Marshal, Police Department, Building Official, Public Works, Mendocino County Air Quality Management District,and Mendocino County Environmental Health and any conditions received have been included in the conditions included in attachment 2. The project is required to comply with all federal,state and local laws. The uses included in the Project are consistent with the applicable Airport Compatibility zones as described above and as determined by Planning Commission. 1 2 3 PROJECT REVIEW 4 5 The Project was referred to internal departments and outside agencies for review and 6 comments. Comments and recommended conditions of approval were received from the Police 7 Department and Fire Department which have been included as conditions of approval (see 8 attachment 2). The Building Official, Public Works Department, Electric Department, Mendocino 9 County Air Quality Management District, and Mendocino County Environmental Health provided 10 no comments on the Project. 11 12 ENVIRONMENTAL REVIEW 13 14 The proposed project is exempt from the provisions of the California Environmental Quality Act 15 (CEQA) pursuant to Section 15303 Class 3, conversion of small structures and Section 15301 16 Class 1, Existing Facilities based on the following: 17 18 PUBLIC NOTICE 19 2o A notice of public hearing was provided in the following manner: 21 22 ■ posted in three places on the project site on July 11, 2013 ; 23 ■ mailed to property owners within 300 feet of the project site on July 11, 2013; and 24 ■ published in the Ukiah Daily Journal on July 14, 2013. 25 26 As of the writing of this staff report, one letter in support of the Project has been received (see 27 attachment 7). Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 13 1 DECISION TIMELINE 2 3 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The 4 PSA requires that a decision be made on the project within 60 days of the application being 5 deemed complete. This application was submitted to the Community Development and 6 Planning Department on July 10, 2013 and was deemed complete on July 14, 2013. As such, a 7 decision must be made on the project no later than September 12, 2013. The applicant may 8 request a onetime extension of the decision timeline. The next regularly scheduled Planning 9 Commission meeting is August 28, 2013. 10 11 12 13 ATTACHMENTS 14 15 1. Draft Use Permit Findings 16 2. Draft Use Permit Conditions of Approval 17 3. Project Description date stamped August 8, 2013 and Project Plans date stamped 18 August 8, 2013 19 4. Determination of Appropriate Use dated July 12, 2013 20 5. Airport Compatibility Zone Analysis for Red Hawk Restaurant (Use Permit 06-42) 21 6. AIP Ordinance 1098 Landscaping Requirements 22 7. Letter from Mark Watson dated July 16, 2013 23 24 25 26 Crush Planning Commission Staff Report Live Entertainment,Seasonal Outdoor Barbecue and Valet Parking 1180 Airport Park Boulevard,APN 180-070-24 and 180-070-03 File No.13-17-UP-PC 14 1 ATTACHMENT 1 2 3 Draft Use Permit Findings 4 Crush Italian Steakhouse 5 Outdoor Barbecue, Live Entertainment, and Valet/Offsite Parking 6 1180 Airport Park Boulevard, APN 180-070-24 7 Northeast Corner Commerce Drive/Airport Road (APN 180-070-03) 8 File No. 13-17-UP-PC 9 10 1. The proposed project, as conditioned, is consistent with the General Plan based on 11 the following: 12 13 A. The general plan land use designation is Master Plan Area (MPA)which is 14 intended for larger land areas where a specific plan is developed in order to 15 provide for a mix of uses and/or development standards in order to address the 16 precise planning needs of the area. This MPA is implemented through the 17 Airport Industrial Park Planned Development (AIP-PD)which includes the 18 development standards and uses allowed within AIP-PD. 19 20 B. The proposed uses are ancillary to the primary restaurant use of the parcel. 21 Restaurants are an allowed use in the Professional Office areas of the AIP-PD; 22 therefore, the proposed uses are also consistent with this designation. 23 24 C. The Project would support a strong local economy (goal ED-1) by adding live 25 entertainment which would provide an entertainment opportunity that is currently 26 limited in the Ukiah Valley in terms of venues and events and would provide 27 additional revenue to the restaurant which would result in an increase in sales tax 28 and business license revenue to the City. The outdoor barbecue would allow the 29 restaurant to provide additional take-out or dine-in options to customers which 30 could provide additional revenue to the business and to the City. The valet 31 parking allows additional parking to be provided to serve additional parking 32 needs related to live entertainment and the restaurant. 33 34 2. The proposed project, as conditioned, is consistent with requirements of the 35 applicable Airport Compatibility zones as described in the staff report. 36 37 3. The proposed project, as conditioned, is consistent with the applicable requirements 38 of Airport Industrial Park Ordinance 1098 for parcels identified as Professional Office 39 as described in the staff report, including the following: 40 41 A. The proposed uses are not listed as allowed or permitted uses in the AIP-PD. As 42 allowed by AIP-PD section 12, a Determination of Appropriate Use was made by 43 the Planning Director allowing the applicant to request Planning Commission 44 approval of a Major Use Permit for the proposed uses. 45 46 B. The proposed uses are considered ancillary uses to the restaurant located at 47 1180 Airport Park Boulevard. The off-site parking for the live entertainment and Draft Findings Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 1 1 restaurant on APN 180-070-03 is the only use of this parcel and is allowed 2 pursuant to the Determination of Appropriate Use. 3 4 C. The Project includes providing valet parking on a parcel located to the west of 5 Crush Restaurant (APN 180-070-03). The additional parking provided on this 6 site would provide adequate parking for live entertainment and overflow parking 7 for the restaurant. A condition of approval has been applied to the Project 8 requiring alternative off-site parking be provided in the event that APN 180-070- 9 03 is no longer available for parking. 10 11 D. The bike parking required by Use Permit 06-42 is currently non-functional due to 12 location and inadequate anchoring of the rack. A condition of approval has been 13 applied to this Use Permit requiring this rack to be installed at the front of the 14 building and properly anchored. 15 16 E. Use Permit 06-42 required bike parking for the restaurant. As part of its review of 17 this Use Permit, Planning Commission has determine if the three parking spaces 18 provided are adequate to serve the proposed uses and included a condition of 19 approval requiring additional bike parking if needed. 20 21 F. There is adequate parking for the outdoor barbecue (outdoor sales 22 establishment), there are utilities and sanitary facilities to serve the outdoor 23 barbecue use, no signs are proposed as part of the project and Crush restaurant 24 has a current business license application. A condition of approval has been 25 added that prohibits the valet parking and barbecue from occurring at the same 26 time in order to ensure adequate parking is provided. 27 28 G. The Crush parcel is currently landscaping, including parking lot and street trees. 29 There is no opportunity to provide additional landscaping on the site, no 30 additional landscaping has been proposed by the applicant, and due to the 31 nature, size and scope of the Project no additional landscaping is required. 32 33 H. No signs are proposed as part of this Project. The only signage that may be 34 associated with the Project may be directional signage related to the valet 35 parking. Directional signage is allowed by the Sign Ordinance without the need 36 for a sign permit. 37 38 4. The proposed project, as conditioned, is compatible with surrounding land uses and 39 shall not be detrimental to the public's health, safety and general welfare as 40 described in Table 4 of the staff report. 41 42 5. The proposed project, as conditioned, is exempt from the provisions of the California 43 Environmental Quality Act (CEQA) pursuant to Section 15303 Class 3, conversion of 44 small structures and Section 15301 Class 1, Existing Facilities based on the 45 following: 46 Draft Findings Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 2 1 A. The proposed uses are ancillary to the existing restaurant use of the building and 2 site located at 1180 Airport Park Boulevard. The Project would allow live 3 entertainment within the existing building, an outdoor barbecue in the parking lot 4 during off-peak hours, and valet and/or offsite self-parking on the parcel located 5 to the west of the Crush to serve additional parking demand that may result 6 during dinner hours or live entertainment. 7 8 B. The valet parking and /or offsite self-park would occur on the parcel located on 9 the northeast corner of Commerce Drive /Airport Road. This site was previously 10 used as a lumber yard and had paved areas for the outside storage of materials 11 and parking/loading. The site has also previously been used for the display of 12 vehicles for sale. The area to be used for vehicle parking is currently paved and 13 lighted. 14 15 C. Both parcels are currently developed and no construction or development is 16 required to serve the proposed uses. 17 18 D. Both parcels are developed and located in an area where utilities and services 19 are available to serve the proposed uses. 20 21 E. The location of both parcels is not environmentally sensitive and does not include 22 any drainage courses or bodies of water. Commercial landscaping, including 23 trees planted as part of development of the restaurant, would not be affected by 24 the proposed uses. 25 26 27 6. A notice of public hearing for the proposed project was provided in the following 28 manner: 29 30 ■ posted in three places on the project site on July 11, 2013 ; 31 ■ mailed to property owners within 300 feet of the project site on July 11, 2013; 32 and 33 ■ published in the Ukiah Daily Journal on July 14, 2013. 34 35 One comment was received in support of the Project. Draft Findings Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 3 1 ATTACHMENT 2 2 3 4 Draft Use Permit Condition of Approval 5 Crush Italian Steakhouse 6 Outdoor Barbecue, Live Entertainment, and Valet/Offsite Parking 7 1180 Airport Park Boulevard, APN 180-070-24 8 Northeast Corner Commerce Drive/Airport Road (APN 180-070-03) 9 File No. 13-17-UP-PC 10 11 1. Approval is granted for an outdoor barbecue, live entertainment, and valet parking as 12 ancillary uses to Crush Italian Steakhouse located at 1180 Airport Park Boulevard with the 13 valet parked vehicles/offsite parking located on the northeast corner of Commerce Drive / 14 Airport Road (APN 180-070-03) as described in the Project Description date stamped 15 August 8, 2013 and as shown on the plans date stamped August 8, 2013, except as 16 modified by the following conditions of approval. 17 18 2. Prior to commencement of any uses allowed by this Use Permit, the applicant shall install 19 the bike rack required by Use Permit 06-42 in a permanent location located at the front of 20 the building. The applicant shall work with Planning staff to determine the appropriate 21 location for the bike rack. 22 23 3. Prior to commencement of any uses allowed by this Use Permit, the applicant shall install 24 any additional bike parking required by Planning Commission in the location required by the 25 Planning Commission. 26 27 4. The outdoor barbecue, live entertainment, and valet / offsite parking are allowed only as 28 uses ancillary to the primary restaurant use of the site and building. 29 30 5. The Outdoor Barbecue is allowed subject to the following conditions: 31 32 A. Hours for the outdoor barbecue are limited to 11:00 a.m. to 5:00 p.m. daily in the location 33 shown on the approved plans date stamped August 8, 2013. 34 35 B. In order to ensure adequate parking is available for the restaurant, the outdoor barbecue 36 shall be removed from the parking area no later than 5:30 p.m. each day. 37 38 C. In order to ensure there is adequate parking during the hours the outdoor barbecue is 39 operational, the outdoor barbecue shall utilize no more than three parking spaces as 40 shown on the approved plans. 41 42 D. In order to ensure compliance with the required parking for the uses of the site, the 43 outdoor barbecue shall not be stored in the parking area. 44 45 E. The outdoor barbecue shall not commence until all applicable approvals/permits have 46 been acquired (such as Mendocino County Air Quality Management District, 47 Environmental Health, etc.). 48 Draft Conditions of Approval Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 1 1 F. Due to site constraints and to ensure adequate parking, outdoor tables and chairs, 2 benches, etc. are prohibited in the parking lot. Outdoor seating may be considered 3 through an amendment to this Use Permit. 4 5 6. The valet parking on the parcel located on the northeast corner of Commerce Drive /Airport 6 Road (APN 180-070-03) is permitted subject to the following: 7 8 A. The approved location of the valet parking on the Crush parcel is approved in the 9 location shown in attachment 3, site plan. A revised location may be approved by the 10 Planning Director. A request for a different location shall be submitted to the Planning 11 Director in writing with the reason for the relocation and a revised site plan showing the 12 proposed location. The revised location is subject to staff review Planning Director 13 approval. 14 15 B. Prior to commencement of live entertainment, the applicant shall provide a copy of the 16 agreement for the use of the parcel on the northeast corner of Airport Road/ Commerce 17 Drive for parking. 18 19 C. Valet parking is permitted as needed to serve live entertainment and Crush dinner 20 patrons. 21 22 D. In order to ensure adequate onsite parking and site circulation, valet parking is 23 prohibited when the outdoor barbecue is operational. 24 25 E. In the event that the applicant would like to allow patrons of the live entertainment and 26 restaurant to self-park offsite on APN 180-070-03 or to provide a combination of valet 27 parking and self-park on this parcel, the applicant shall submit a written request to the 28 Planning Director. The request shall include the reason for the request, the operating 29 characteristics for the offsite parking, and revised plans. The request is subject to staff 30 review and Planning Director approval. 31 32 From the Police Department and Planninq Department 33 34 7. In order to comply with airport compatibility requirements, ensure adequate parking, and 35 compatibility with surrounding uses, the maximum number of persons allowed for live 36 entertainment, including customers dining at the restaurant, is 251. 37 38 8. Live entertainment is limited to groups of our or fewer. Larger groups may be authorized via 39 prior approval from the Planning Director. The request for a larger group shall be submitted 40 to the Planning Director in writing a minimum of 30 days prior to the proposed date for the 41 live entertainment and is subject to Planning Director and Police Department review and 42 approval. 43 44 9. Live entertainment is limited to jazz, acoustical guitar and piano, light rock, and folk, disc 45 jockey as described in the Project Description date stamped August 8, 2013. 46 47 10. Live entertainment may be amplified or non-amplified. 48 49 11. Hours of the live entertainment are limited to the following: Draft Conditions of Approval Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 2 1 2 F. Live entertainment beginning on Thursday, Friday, or Saturday shall end no later than 3 1:00 a.m. 4 5 G. Live entertainment on Sunday through Wednesday shall end no later than 10:00 p.m. 6 7 H. Extended hours for an individual live entertainment event on a Sunday, Monday, 8 Tuesday, or Wednesday may approved by the Planning Director for special occurrences 9 and/or holidays (such as Valentine's Day, Memorial Day, July 4t", graduation, St. 10 Patrick's Day, Super Bowl, etc.). The extended hours shall not extend beyond 1:00 a.m. 11 A request for the extended hours shall be submitted to the Planning Director in writing a 12 minimum of 30 days prior to the proposed date of the extended hours and is subject to 13 Planning Director and Police Department review and approval. 14 15 12. Live entertainment shall only be promoted by Crush management and staff as described in 16 the approved Project Description. Private, outside promotion of live entertainment is 17 prohibited. 18 19 13. In order to provide as much parking as possible on the Crush parcel during live 20 entertainment, Crush employees shall park on the off-site parcel (APN 180-070-03). 21 22 14. In order to eliminate or reduce noise impacts, live entertainment is prohibited outdoors. 23 24 15. In order to eliminate noise impacts to adjacent hotel patrons and businesses, exterior doors 25 and windows shall remain closed during live entertainment. 26 27 16. In order to reduce noise and prevent loitering in the parking lot and on the site, at the close 28 of business each night, Crush staff shall ensure that patrons have left the site within 15 29 minutes of closing. 30 31 17. Prior to commencement of live entertainment, the applicant shall prepare a Management 32 Plan that addresses: safety, security, noise, loitering, littering, lighting, and alcohol 33 consumption, provides the name and contact information of the person(s) with the authority 34 to enforce the management plan and conditions of approval, and incorporates the applicable 35 conditions of approval from this Use Permit. The Management Plan shall be submitted to 36 the Planning Department and is subject to review and approval by the Planning Department 37 and Police Department. 38 39 18. At least one manager of the business with the authority to enforce the approved 40 Management Plan and the conditions of approval for this Use Permit shall be onsite 41 whenever live entertainment occurs. 42 43 19. All employees of the business shall be provided a copy of the Management Plan and the 44 conditions of approval for this Use Permit. 45 46 20. All provisions of the Management Plan and the conditions of approval for the Use Permit 47 shall be adhered to at all times. 48 Draft Conditions of Approval Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 3 1 21. A calendar of events shall be submitted to the Planning Department once per month that 2 identify the days and hours of the live entertainment occurring the following month. This 3 notification may be sent via email. 4 5 22. Prior to commencement of live entertainment, the applicant shall provide a copy of the 6 agreement for the use of the parcel on the northeast corner of Airport Road/ Commerce 7 Drive for parking. 8 9 23. In the event that the offsite parking located on the northeast corner of Airport Road / 10 Commerce Drive (APN 180-070-03) is no longer available, alternative offsite parking shall 11 be provided. A written request for approval of an alternative location shall be submitted to 12 the Planning Department. The Planning Department shall review the request and determine 13 if the alternative offsite parking is subject to administrative review, requires an amendment 14 to this Use Permit, and/or is subject to other permitting requirements. All required approvals 15 shall be obtained prior to use of the alternative site. No live entertainment shall occur until 16 the alternative offsite parking has been provided and approved by the City. 17 18 24. Activities approved as part of this Use Permit are subject to compliance with the 19 requirements of Ukiah City Code Division 7, Chapter 1, Article 6 (Noise Ordinance). 20 21 25. This Use Permit shall be reviewed by the Planning Director within 12 months of the date of 22 approval by the Planning Commission in order to determine compliance with the conditions 23 of approval, the number of Police calls, and the amount of Police staff time associated with 24 this Use Permit, and any complaints received. If the Planning Director determines that the 25 use is not in compliance with the conditions of approval and/or that the use requires 26 additional review, the Use Permit shall be scheduled for review by the Planning 27 Commission. Review of the Use Permit by the Planning Commission shall include a public 28 notice. The applicant is responsible for paying all costs associated with Planning 29 Commission review of the Use Permit (City of Ukiah cost recovery procedures, including 30 deposit). If complaints are received during the first 12 months, this Use Permit shall be 31 reviewed annually by the Planning Director as described above. The Planning Director shall 32 determine if Planning Commission review of the Use Permit is required. All review of this 33 Use Permit by Planning Commission is subject to the City of Ukiah's cost recovery 34 procedures, including the payment of deposit. 35 36 26. In the event of a change of ownership or management of the restaurant associated with the 37 live entertainment, the City shall be notified on the change in ownership/management. The 38 new owner/manager shall meet with the Planning Department and Police Department to 39 review this Use Permit and Management Plan. The new owner/manager shall indicate in 40 writing if any modifications to the uses allowed by this Use Permit are proposed and shall 41 identify the proposed modifications. Any proposed modifications shall be reviewed by the 42 Planning Department and Police Department. The Planning Director shall determine if the 43 proposed modifications are consistent with this Use Permit or require approval of an 44 amendment to this Use Permit and shall determine if the amendment is minor (Zoning 45 Administrator) or major (Planning Commission). 46 47 48 49 Draft Conditions of Approval Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 4 1 From the Police Department 2 3 27. Promotion of live entertainment is limited to the types of promotion identified in the approved 4 Project Description date stamped August 8, 2013. Use of a private outside promoter is 5 prohibited. 6 7 28. The live entertainment is allowed only as a use ancillary to the restaurant. Live 8 entertainment is not allowed as the primary use of the site. Use or operation as a nightclub 9 as defined by UCC section 9232.3 is prohibited. 10 11 29. If the live entertainment or cover charge events cause the need for a Police Response more 12 than two (2) times in a calendar year, the permit holder will be required to thereafter submit 13 a security plan to the Ukiah Police Department for approval a minimum of 45 days prior to 14 any future events. The plan will articulate in detail the event planned and clearly describe 15 how security will be staffed to minimize the need for police responses. In such cases, 16 approval or denial will be provided to the applicant no less than 30 days prior to the 17 proposed event. 18 19 30. The facility will be open to inspection during live entertainment and coverage events and the 20 Ukiah Police Department will not be denied access. 21 22 From the Fire Department (Kevin Jennings) 23 24 31. Posted occupancy/capacity per dining area is already present and shall be maintained and 25 enforced by Crush. 26 27 32. Signage required for all fire extinguishers. Owner has discretion on style. 28 29 33. No flammable wall coverings shall be used during entertainment for live, interior 30 presentations. 31 32 34. Exit ways shall be maintained in a clear, open condition. No additional seating shall be 33 allowed during live or other presentations. 34 35 35. No extension, lighting or other cords shall be allowed to cross isles or exit ways. 36 37 36. No pyrotechnics shall be allowed at any time. 38 39 37. Fire extinguisher required for outdoor, trailer mounted, BBQ. 40 41 38. Fire lanes to be maintained clear at all times. 42 43 Standard Conditions of Approval 44 45 39. Business operations shall not commence until all permits required for the approved use, 46 including but not limited to business license, tenant improvement building permit, have been 47 applied for and issued/finaled. 48 49 40. No permit or entitlement shall be deemed effective unless and until all fees and charges 50 applicable to this application and these conditions of approval have been paid in full. Draft Conditions of Approval Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 5 1 2 41. The property owner shall obtain and maintain any permit or approval required by law, 3 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal 4 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing, 5 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building 6 Permit is approved and issued. 7 8 42. A copy of all conditions of this Use Permit shall be provided to and be binding upon any 9 future purchaser, tenant, or other party of interest. 10 11 43. All conditions of approval that do not contain specific completion periods shall be completed 12 prior to building permit final. 13 14 44. This Use Permit may be revoked through the City's revocation process if the approved 15 project related to this Permit is not being conducted in compliance with these stipulations 16 and conditions of approval; or if the project is not established within two years of the 17 effective date of this approval; or if the established use for which the permit was granted has 18 ceased or has been suspended for 24 consecutive months. 19 20 45. This approval is contingent upon agreement of the applicant and property owner and their 21 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its 22 agents, officers, attorneys, employees, boards and commissions from any claim, action or 23 proceeding brought against any of the foregoing individuals or entities, the purpose of which 24 is to attack, set aside, void or annul the approval of this application. This indemnification 25 shall include, but not be limited to, damages, costs, expenses, attorney fees or expert 26 witness fees that may be asserted by any person or entity, including the applicant, arising 27 out of or in connection with the City's action on this application, whether or not there is 28 concurrent passive or active negligence on the part of the City. If, for any reason any portion 29 of this indemnification agreement is held to be void or unenforceable by a court of 30 competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 31 32 33 34 35 36 37 Draft Conditions of Approval Crush Italian Steakhouse Use Permit 1180 Airport Park Boulevard(APN 180-070-24)and APN 180-070-03 File No.:13-17-UP-PC 6 Exhibit A R.R. � Special Event Guests ° � • Cl�ff House �, UTILITY � WOMENS � ROOM BREAK a � � a � D a � � a � D a � � RESTROOM � ROOM a �- - Ja � D aMD aMD aMD W Mendocino Room = 118 Guests � .� BANQUET ROOM a Cliff House = 58 Guests � ST a � � a � � a � � a � � a � � o = s a � D_ a � D a � D a �- - Ja � D MENS y North Beach Bar 75 Guests �, . � Jazz F'OI}C Guitar RESTROOM � � STOR. � r r i----i �o o�o o�o o� � t!1 2'-6" 3'-4" 5'-3" 1-� 5'-111/2" 5'-51/4" I 10'-41/2" 4'-91/4" � � �6 -� — _ 15 � � 'v o 0�0 14 r ° � � � � � 00 � � �� _ � � O � � � KITCHEN ' J �E� ° � � � PREP AREA � I 3 � 36X48 � M � -� � op m � I � A7.1 (N) (N) � � m O � � � � I � 34X60 34X60 � a � '�, � � I �� �� 4 `� ° � � a cd - � � � I �I � Q ° � W � -+� � `+' 0 � � � � � A7� � I � DINING ROOM � 36X4s m � BAR 0 � � � � � v I N �N� �N� � � O F �a �n � �o ° I 3 34X60 34X60 � � � C� M v IO ii Z X (Q Gz O O X O �2 W a v° Q o w y � �, `� o � � a �I � � m 4 _ � z o � , � � ' � J G � (E) " � cd I � � � � °' v � O I I � I� 0 15 (N) (N) c�� 36X48 w � � ('('� "QJ� 34X60 34X60 p o � O �\ � �/\ y '� �o �I � o � U 0/--� V 1 � � J M � � � � ` � S � — — — � � 6�'�11�2�� Mendocino Room '� v '-' OFFICE 5 `r' � � z �° °� MODULE TITLE * (N) BANQUET BOOTH O � � �'��p.w Y b��'d u�i V� � �`l O � ❑ ❑ � �Q Q �P � � Q O � � ow ❑ _� No r th Be a ch 1 (E) RESTAURANT/BAR SEATING TO REMAIN, TYP. � °' � o � w o zi c� �' o � ~ � (E) PLUMBING FIXTURE TO REMAIN, TYP. `� �y�l b W �� �� �o g � �� Q Bar ��� � * S�`P � � WAITING a � (N) RESTAURANT SEATING, TYP. SEE ACCESSIBILITY DETAILS SHEET A6.1. l Q �- � m BAR � L= � z 4� (N) WALL CONSTRUCTION, SEE WALL LEGEND a/- � � L 13 � w Light Rock , Jazz , Folk , KITCHEN � ,- � STORAGE � �_ ,n 6 Acoustical ❑5 �N) SALAD BAR WITH TIMBER CANOPY STRUCTURE, SEE ENLARGED PLANS AND � y�J ❑ � ELEVATION, SHEET A7.1 pO Q (N) 6'-0" X 3'-2" INTERIOR WINDOW. VERIFY DIMENSIONS OF EXISTING OPENING. PROVIDE (N) 0 �- �� � � INFILL FRAMING TO (N) SILL HEIGHT. SEE DETAILS b/A72 & C/A72 � �� �� � �7 (N) OPENING FOR PUB ENTRANCE. NEW OPENING SEE STRUCTURAL DRAWINGS BY N �- 00 H Z MENDOCINO ENGINEERING. PROVIDE 3'-0" X 7'-0" X 1-3/4" THICK FULL LIGHT STAIN GRADE r 13 14 N w Band DOOR. PROVIDE (N) SIDELITES EA. SIDE AS DIMENSIONED. ALL FINISH, STYLE, AND � KITCHEN 7 i� � HARDWARE TO MATCH (E). Q, Area �$ (N) 32" X 67" PREP TABLE � vesTiBU�E Z � Q (N) 32" X 93" PREP TABLE � � � � � �� (N) FRYER � oc � � N .� �� FILL IN EXISTING OPENING WITH 2X STUDS AND GYP. BD. � � , U SCALE: 1/8" = 1'-0" [96] F I RST L EV E L F LOO R P LAN 12 (N) MONTAGUE STEAKHOUSE BROILER. � Z m Q � � � �3 (E) KITCHEN EQUIPMENT TO REMAIN, TYP. U.O.N. y Q � J � � �4 OUTLINE OF (E) FIRE SUPPRESSION HOOD ABOVE. NO CHANGES TO FIRE SUPPRESSION z � W m � m S T O R. R.R. S Y S T E M P R O P O S E D. A L L N E W E Q U I P M E N T T O F I T U N D E R E X I S T I N G H O O D. y u f � Q� � y �e � � O 15 INDICATES ACCESSIBLE TABLE. SEE SHEET A6.1 FOR ADA REQUIREMENTS. Z � � a � j N • 16 (E) APPROVED ACCESSIBLE BAR SEAT. p � O � a � r � � 0 - Q d a � � � � � N N � Q a � � Z C� W ° y � KEYNOTES � � r y � a y a � � EXISTING PORTABLE FIRE EXTINGUISHER LOCATION, FIELD VERIFY •� I I I I EXTERIOR � � OFFICE WELL ANICAL GENERAL NOTES: � roA 1. REFER TO MFGR. SPECIFICATIONS FOR ROUGH OPENING REQUIREMENTS FOR INT. DOOR FRAMES. � 2. FIELD VERIFY ALL DIMENSIONS PRIOR TO ROUGH FRAMING. NOTIFY ARCHITECT OF ANY EXTERIOR OPEN TO BELOW DISCREPANCIES. � � • 3. SEE SHEET A7.3 FOR TYPICAL WOOD FRAMING DETAILS MECHANICAL 4. IT IS NOT THE INTENT OF THIS DRAWING TO INDICATE THE REMOVAL OF ANY STRUCTURAL BEARING • � WELL OR LATERALLY RESTRICTIVE MEMBER. IF CONTRACTOR DISCOVERS AN UNDOCUMENTED CONDITION � NOTIFY THE ARCHITECT IMMEDIATELY. JZ O O I I I I � L� �_ C� w � N EXISTING EXTERIOR AND INTERIOR WALLS TO REMAIN Q ° w ACCOUNTING STORAGE NEW INTERIOR 5'-0" HIGH WALL. 2X4 WOOD STUDS @ 16" O.C. FINISH BOTH SIDES WITH �" GYP. BD. W/ �" CEDAR VENEER ALL SIDES & 1X8 CEDAR WALL CAP. STAIN & LACQUER ALL EXPOSED CEDAR. SEE WALL SECTION c/A7.1 � W � NEW INTERIOR 5'-0" HIGH DOUBLE FRAMED WALL. 2X4 WOOD STUDS C� o o m 16" O.C. FINISH OUTWARD FACING SIDES WITH Y2" GYP. BD. W/ Ya" CEDAR �++ ' H VENEER ALL SIDES & CEDAR WALL CAP. STAIN & LACQUER ALL 3 v EXPOSED CEDAR. SEE WALL SECTION a/A72 0 � y ° EXISTING DOORS TO REMAIN - SHOWN AT 45°OPEN r NOTE: � y � SECOND LEVEL FLOOR PLAN SHOWN FOR O Z � CLARITY. NO CHANGES ARE PROPOSED. NEW DOORS - SHOWN FULLY OPEN, SEE KEYNOTES � d � � � SCALE: 1/8�� - 1�-0�� [96] SECOND LEVEL FLOOR PLAN NOTES AND LEGEND • r , . � , . , � ._ �� � ' � - ^ �'. -s, ..�#' _�5��.. T - . � - '-- . J.}, . - • . � , P' ` . , �' � ' - - � ' ' -'�'�� . � 1 ,f ��1 i _ ys�' +� - Y ,� .-� . {, ' y* � ' - �� � .1 � / Ik i -, �" ' ` . �' ) � : � -``r • ', . ' ,r:3 • " ,�� .I�, ,' + -r .r� �c.. . , . , . , .. � �nr-�° - '._ �+ cti _. �':� - �._ ��� '�i � � . :.. :�Y � � ._ " ti' . � . . L��]M•T}a_S..Y- �..� �!.� •�'i �":'��''�'i� }��. �{ t _ .n� 4=t �� 1:.�,���' *r� � � `I 1 I ` i "` � � Q� � -A , e , -Y. • � - � �� � •.�.. - r`, 4� '_�;��= , ',':. � . ! �^ � i, - -M . = �, � �.�: � � - i t %/1� ' � :,{'„ ,+,• �- �, , _ 4 .:. ��k� . '� . ' •}S.., ".. r�� r _� �1\.` �.'�' . :� � -'���i�,� j � �j •�I ' -' - J � � ,�,: r � }� ��. � ��. , -� *J�.._ - fi �� -� " ` y �,�. ` �%/J;+p° `— — �-; i:�, '� �. �. � � v. -�-. �- � + �� � �' _ _ n N� a� r_ � ...� _� � " - . Y^- j� � y r : . . . �-� • - �• ., s Y_ __ � j'� y � � _ . _ 1 -�"r �� i i ��� �`-�.f� F ` ` . . `, '^ � ' + � ' 1 - '�` ,� I �?� _ i r -�l] I � r' "';�'. s: � �r' - ��_ ._ c��. �t-t ' Gr.� ' '�� j� �It's - ",�. � � ,i -: ..�.]��' �_�_ ` c!, k k ,.' +� ''r � • .6 q � �` �' � � ` . __::.C`;e�� 1' ! � j '— �� i E � ' ' i � �s,�,�. -� ti� _ � — — — = rl � i i..��-- I s i I t l � i � �.�.,.T,,._.. :� - � =1. �•..., �1. , -te-r'-'�ke�� � � -�[lf� ��� � - .. - _ . , - ..� ������r .� - � _ �- - �-- - _ _ _�__ ��'-�--��--. _ . � � ,.� �:�Y'�,'�E�'"�7 • w-r�- ,--- �,�^��: '' � • , . — ,"`�`: z ° � � �. �; �z�,3�o� � . �ci�[� e:art;h a i�� �-� �-� �: � �+ :.• ...� ,� r �; g .��.� .��.` M F.isi, 1 � il M � . . _ , // ■ • _ 1 1 b : F. ,�, ; � °� � ��`: � � a:� � n� _ :< �' �r� �� • • .�uiy 11, 2013 Crush Italian Steakhouse Specia! E�ents Management Plan Subject to maricet acceptance, Crush Restaurant is considering hosting live music entertainment every Thursday, Friday and Saturday e�enings, commencing at approximately 8:30 p.m. and ending at 1:00 a.m. The �arious types o� music are anticipated to be: • Jazz + Guitar and piano acoustical • Light rock • Folk On most occasions, a cover charge ranging from $14 to $20 will be collected by security at the door. Attendees wili be identified by wrist bands issued by security. The various music acts will be performed in the locations as per Exhibit "A". 4n special occasions, such as Mother's Day, Valentine's Day, Graduation, Father's Day, Memorial Day, 4t" of July, etc., live music will be featured. Types of music wili vary subject to occasion. It is anticipated Crush will pro�ide li�e enter�ainment about 50 times a calendar year for special events. 1 Occupancv: The following guest occupancy numbers are presently posted in the Restaurant : • Mendocino Room 118 • Cliff House 58 • North beach bar 75 Advertisinp: Various modes of advertising will be utilized, including, but no limited to : • NewsShopper • Local Newspaper • Local Radio • Crush Web Site • Crush Facebook • Flyers posted in appropriate local locations • T.V. • Direct Mailers • In- House Flyers Securitv P/an: Either professional or in house security will be provided by Restaurant Management depending on event and anticipated demographics of attendees . It is anticipated that musical bands with a likelihood of attracting large crowds will require professional security services of independent companies . Small jazz, folk or individual performers would require In - House Management Security. z Parking Lot Security would be included in the supervision responsibilities of security personnel, whether in - house or hired . A strict, no lottery policy, will be implemented and will be monitored by security. Strict control of alcohol consumption will be limited to inside of premises only. Notices: Management will notify by e- mail, the Fire Department, Police Department and Planning Department, of each event . Event Demopraphic and Numbers: As noted on Exhibit "A", the number of anticipated guests varies by in - house venue and type of performance . It is our desire to commence band type entertainment when our main dining room is almost empty of diners . We do not want music to overshadow our guest dining experience . Valet Parkinp P/an: Crush will provide in- house valet services for events when we anticipate having (arge amounts of guests in attendance . We will first attempt to utilize on -site parking with an appropriate qued - up area as denoted on Exhibit "B" . Special attention will be paid to keeping fire lanes unobstructed . An overflow area is available as noted on Exhibit "C" . Guests will be allowed to self-park on site only. Parking attendant will insure the on - site parking lot is managed in order to allow availability of on -site open spaces . Overflow lot is lighted, and paved . 3 BB • Crush anticipates conducting on-site barbeque primarily on Fridays, Saturdays and Sundays, and on some special occasions as noted above. Food will consist of Chicken, Ribs, Tr�-Tip and Burgers, Steak, Oysters and Corn. The type of BBQ/Smoker is propane gas fired with wood chips. Barbequed food will be ser�ed in the premises or taken off site. Site of Barbeque is noted on Exhibit "B" Bike Rack: No on�site area is avaiiable for bike racks. Should you need any further information, please do hesitate �o contact me. Sincerely, -_ _ -� Crush �talian Steakhouse Douglas J. 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EXISTING STRUCTURES TO REMAIN Q � � . .. .. . .. . .. . .. .. . .. . .. . .. .. . .. . .. . .. .. . .. . .. . .. .. . .. . .. . .. .. . �C Z — _ . . . . . . . . . . . . . . . . . . . . . . . . . . . � a � _ _ . . . . . . . . . . . . . . . � � � � • • • � EXISTING LANDSCAPE PLANTER TO REMAIN F W � O • � � � � � = y � � EXISTING ASPHALT CONCRETE PAVEMENT � a • d i� EXISTING BIKE POLES - (2) BIKES EACH � � SCALE: 1�� - ,o� �,20� ARCH ITECTU RAL SITE PLAN LEG EN D 1 ATTACHMENT 4 Planning and Community Development Department elty � ukah 300 Seminary Avenue Ukiah, CA 95482 planninq(a�citvofukiah.com (707)463-6203 2 3 DATE: July 12, 2013 4 5 TO: File No: 13-17-UP-PC 6 7 FROM: Charley Stump, Director of Planning and Community Development 8 9 SUBJECT: Determination of Appropriate Use for the live music entertainment and 10 associated off-site overflow/valet parking at Crush Restaurant in the Professional 11 Office land use classification in the Airport Industrial Park. 12 13 14 REQUEST 15 16 A Determination of Appropriate Use has been requested by Doug Guillon owner of Crush Italian 17 Steakhouse restaurant located at 1180 Airport Park Boulevard, APN 180-070-24, to allow: 1) 18 live entertainment; 2) an outdoor barbecue; and 3) allow overflow/valet parking for the live 19 entertainment to occur on the parcel located on the northeast corner of Airport Road/Commerce 20 Drive, immediately west of and adjacent to 1180 Airport Park Boulevard (APN 180-070-03). 21 22 DETERMINATION OF APPROPRIATE USE 23 24 Airport Industrial Park Ordinance 1098 (AIP 1098) Section 12 (pages 19-20), allows the 25 Planning Director to determine if the use is appropriate in any of the land use designations 26 within the AIP as an allowed or permitted use. In making the determination, the Planning 27 Director shall find as follows: 28 29 1. That the use would not be incompatible with other existing or allowed uses in the 30 Professional Office land use classification in the Airport Industrial Park Planned 31 Development. 32 33 2. That the use would not be detrimental to the continuing development of the area in 34 which the use would be located. 35 36 3. That the use would be in harmony and consistent with the purpose and intent of the 37 Airport Industrial Park Planned Development Ordinance and Ukiah General Plan. 38 39 4. The use is similar in nature and intensity to the uses listed as allowed uses. 40 41 Determination of Appropriate Use—Crush Restaurant Live Music Entertainment and Off-Site Parking Professional Office land use classification in the Airport Industrial Park Planned Development 1180 Airport Park Boulevard,Ukiah/APN 180-070-24 1 1 Findings for Determination of Appropriate Use. Conducting live music entertainment and 2 associated off-site overflow/valet parking has been determined to be appropriate as a permitted 3 use, based on the following. 4 5 1. The live music entertainment and associated off-site overflow/valet parking and the outdoor 6 barbecue would not be incompatible with other existing or allowed used in the Professional 7 Office land use classification in the Airport Industrial Park based on the following: 8 9 A. The live music entertainment and associated off-site overflow/valet parking would occur 10 only three (3) days per week and only in the evening hours after many of the businesses 11 in the area are closed. 12 13 B. Since many of the businesses in the area would be closed during the live music events, 14 and the events would not occur during peak traffic times, any increase in traffic would 15 not adversely impact the levels of service of adjacent roads and intersections. 16 17 C. The live music would occur indoors and would involve jazz, guitar/piano acoustical, light 18 rock and folk music, and therefore would not produce substantial amounts of loud music, 19 such as typically associated with hard rock. Additionally, the live music must comply 20 with the Ukiah City Code noise standards. 21 22 D. In-house valet parking will be provided to manage parking and if additional parking is 23 needed, an off-site overflow valet parking area has been secured adjacent to the site. 24 This arrangement will preclude any parking impacts to nearby businesses. 25 26 E. Either professional or in-house security will be provided by Crush Restaurant 27 management. 28 29 F. The surrounding land uses include retail and professional offices that close at 5:00 pm, 30 another restaurant and two hotels. The live music and off-site overflow/valet parking 31 would not hinder the continued operation of these uses because it will be conducted 32 indoors and must comply with the Ukiah City Code noise levels standards. 33 34 G. Allowed uses include professional and business offices, office support services, child day- 35 care facilities, retail commercial, hotels, and sit-down restaurants. The live music 36 entertainment and off-site overflow/valet parking use would be considered accessory to the 37 existing restauranUbar use of the site since it would only occur occasionally and only 38 during evening hours. 39 40 H. Restaurant/bar uses often have limited indoor live music entertainment and all must 41 comply with the Ukiah City Code noise standards. 42 43 I. It is not unusual for a restaurants and grocery store to have an outdoor barbecue as an 44 ancillary use with hours for the barbecue less than the hours of the associated restaurant 45 or grocery store. The proposed outdoor barbecue for Crush would be consistent with this. 46 Determination of Appropriate Use—Crush Restaurant Live Music Entertainment and Off-Site Parking Professional Office land use classification in the Airport Industrial Park Planned Development 1180 Airport Park Boulevard,Ukiah/APN 180-070-24 2 1 2. The use would not be detrimental to the continuing development of the area in which the 2 use would be located based on the following: 3 4 A. The indoor live music entertainment would be limited by the conditions places on the 5 Use Permit per year and only during evening hours. 6 7 B. The indoor live music entertainment would include off-site overflow/valet parking thereby 8 precluding overflow parking on private property and causing conflicts that could be 9 detrimental to the continuing development of the area. 10 11 C. All adjacent properties are built-out and cannot have expanded buildings or uses, except 12 for the property to the west that will, in part, and with the consent of the owner, provide 13 the area for overflow/valet parking. 14 15 D. The live music entertainment and associated off-site overflow/valet parking is subject to 16 Planning Commission review and approval of a use permit. The use permit would 17 address any aspects of proposed use that could be detrimental to the continuing 18 development of the area. 19 20 E. The outdoor barbecue would be located on the Crush parcel in the existing parking lot 21 and would utilize existing parking spaces during off-peak hours. The use would be 22 required to obtain all required permits prior to operation (such as Environmental Health 23 and Air District, if required). The use permit would address any potential impacts, 24 including limiting the hours of the barbecue to hours of off-peak parking demand. 25 26 3. The use would be in harmony and consistent with the purpose and intent of the Airport 27 Industrial Park Planned Development Ordinance and Ukiah General Plan for the following 28 reasons: 29 3o A. The purpose of the Professional Office land use classification is to provide opportunity 31 for a variety of business types and to permit accessory components to these businesses. 32 33 B. The proposed accessory uses would help expand and create additional jobs for an 34 existing local business, thereby fulfilling General Plan Goal ED-1 (support a strong local 35 economy) and implementing General Plan Policy ED-1.1 (Take steps to reinforce the 36 Valley's economy), which also assist in carrying out the overall Economic Development 37 Strategy adopted by the City Council. 38 39 4. The use is similar in nature and intensity to uses listed as allowed or permitted based on the 4o following: 41 42 A. The number of persons attending the live entertainment cannot exceed the posted 43 occupancy for the building, making the intensity of full occupancy of the restaurant the 44 same as maximum attendance for live entertainment. 45 46 B. Since the uses are accessory to the restaurant use, the intensity is similar as well. 47 Restaurants often have banquet rooms that allow large private parties with Determination of Appropriate Use—Crush Restaurant Live Music Entertainment and Off-Site Parking Professional Office land use classification in the Airport Industrial Park Planned Development 1180 Airport Park Boulevard,Ukiah/APN 180-070-24 3 1 entertainment to occur during and after hours of operation for the business. Restaurants 2 also have outdoor facilities, such as outdoor dining or barbecues. 3 4 C. The live entertainment and associated overflow/valet parking would be accessory to the 5 restaurant use of the building. Live entertainment is often associated with a restaurant, 6 such as the Ukiah Brewery Company and The Office. Allowing live entertainment at this 7 location would be consistent with live entertainment at other locations within the City with 8 commercial land uses. 9 10 D. The Use Permit would determine the number and size of events in order to ensure that 11 the live entertainment use remains similar in nature to the existing restaurant use of the 12 site. 13 14 E. The hours of the outdoor barbecue would be less than the hours of the restaurant and 15 businesses in the area. The Use Permit would determine the days and hours for the 16 outdoor barbecue to ensure the use remains similar to intensity. 17 18 Conclusion. Based on the above, the proposed live music entertainment, outdoor barbecue, 19 and associated off-site overFlow/valet parking meet the requirements for a determination of 20 appropriate use; thereby, allowing the proposed live music entertainment and associated off-site 21 overflow/valet parking subject to approval of a use permit. This determination allows the 22 applicant to apply for Planning Commission approval of a Major Use Permit for the live music 23 entertainment and associated off-site overFlow/valet parking. 24 25 S:planning/determinations-planning director/1180 Airport Park BoulevardCrush 26 Determination of Appropriate Use—Crush Restaurant Live Music Entertainment and Off-Site Parking Professional Office land use classification in the Airport Industrial Park Planned Development 1180 Airport Park Boulevard,Ukiah/APN 180-070-24 4 0 ATTACHMENT Airport Compatibility Analysis Red Hawk Restaurant 1180 Airport Park Boulevard Major Use Permit No . 06-42 Compatibilitv with Ukiah Airport Master Plan : According to the Ukiah Municipal Airport Master Plan , the subject property is located in Airport Compatibility Zone C (Common Traffic Pattern) . This zone denotes lands subject to limited risk and frequent noise intrusions from aircraft flying at or below 1 , 000 feet above ground level . The proposed restaurant and stores are considered normally acceptable land uses , but the compatibilitycriteria for Compatibility Zone C require that maximum human-use densities are limited to 150 persons per acre. The proposed restaurant, which would be on a 1 . 02-acre lot, is designed to accommodate up to 174 persons with 20-25 staff serving them . This number of persons exceeds the airport plan criteria by approximately 25 percent, but staff notes it is uncommon for restaurants with a bar and lounge to be completely utilized and it is more likely that the restaurant will typically operate at or near the 150 persons per acre threshold . Furthermore , when analyzing the previously approved sit-down restaurant, in August of 2003 Planning Department staff prepared an area-wide density analysis for the entire 7 . 8 acre area bounded by Commerce Drive to the south , Airport Park Boulevard to the east, Talmage Road to the north , and the western property lines of the affected lots . This analysis used common human-use densities for the mix of professional office , retail , and transient lodging uses that exist now or are projected for development, with the subject property specifically targeted for a sit-down restaurant and bar. In the analysis , staff used formulas from the Caltrans Aviation Division 's Airport Land Use Compatibilitv Handbook to calculate that the density for the subject property would be close to the recommended human use density, but that the density for the entire study area would be approximately 77 persons per acre. Therefore , the overall human use density for these non - industrial lands is roughly 50 percent of the density recommended for Compatibility Zone C . Furthermore , the proposed restaurant/shop uses will be constructed on the last vacant lot in the study area , so the potential for a substantial increase in future human-use densities is limited . Based on these factors , it is the opinion of staff that the proposed restaurant is consistent with the Airport Master Plan criteria limiting development areas to 150 persons or less per acre and will not cause substantial or long-lasting conflicts with airport operations . � � ., � i ( i � ' � � $ � w� NddMN O ..... . .. ...... ........ . .. . ....... .. ... .... .. .,... ...� o .. . ��� � .. ..... ... . N � '� . . . I w O . . .. :w� �O � � $ 4 �� Y g . . . g � � ,ro.i;�;':h� , !` N .,';., .X. �'� ' ., .,. ...a•. .� � , ,,.. . '- r i� Tf*.D � tlSt �, .. �.:.' p a�y �y �, . , ' . .N. , . O �`�l� � � �a . � �y s � � ��� o � se n `� 3 3 � ; t ����u . C�?t ; � , ��' � � � � . ., , �� � � :� ��� � �',;��� W , 4 k �r �1 m�� f.�, �. �'� AlRPORT � � sa,u�, , � � , A9RX � .si . T � .` ,:,.`� � , . �GYJL'E"t�ARD „'', a v _ _ � - .. ' .. ' .. '''' . 04o.lp• ' �� � .. .... ... ..... � '' - . . . I k . t�.q., ,:. t . .. .. .... . 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All driveway and infersection radii shalt be designed to accflmmodate heavy truck tuming rnovements, consistent with the requirements of the City Engineer. b. Every effort shali be made to design comman driveways r individuaf developments_ c. No Talmage Road access shail be permitted for th arcei or parcels located at the southeast corner of Talmage Ro and Airport Park Boulevard. d . All major driveways, as determined by the Cit ngineer, shall have left tum pockets in the median area where feasib . e . Decei�ration and acceferation lanes shall be requRred uniess the City Engineer determines they are necessa to ensure safety and efFcient � traffic flow. 14. Minimum Parkin and Loadin Re ui ents a. No laading or unioading sha e permitted on the street in frant of the building . A sufficient nu er of off-street loading spaces shall be provided to meet the ne s of the approved use. Adequate apron and dock space also shall e provided far truck maneuvering on individual lots. b. The number of en nce/exit driveways shall be limited to one per every 100 feet of stre frontage with a maximum curb cut af 4a feet. The Planning Com ssian may refax these standards when a comprehensive � plan for an tire block has been prepared and presented to the City Planning mission for review and approval, c. Adequat off-street parking shall be provided to accommodate the parkin needs of employees, visitors , and company vehicles. The mini m number of off-street parking spaces shalf generally be provided ac rding to the requirements of the Ukiah Municipal Code . � d. e Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Cade on a case-by-case basis. Any � deviation must be supporfed by findings related to a unique use , such as a Mixed-use development, or use not specifically described in the Ukiah Municipal Code, and �ndings that atherwise demonstrate no on-street parking congestion will result. . Si na e xcept as indicated elsewhere in this Ordinance , building identificatian and other signs shall generally camply with the sign regulations for industrial , commerciaf and office land uses contained in the Ukiah Municipal Code. Afl proposed development projects shaU include a detailed sign program . I. DESIGN GUIDELINES i The following guidelines shatl be used by the Planning Commission when approving a 8ite Development or Use F'ermit to ensure high quality design , and the coordinatian and consiste develo ment. 1 . Landscapin4 and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Deveiopment or Use Permit process. 18 a. Existing trees shalf be retained whenever possible. ' c. A variety of tree species shall be used that provides diversify in form , texture, and color. d. Landscaping at comers should be arranged to maintain traffic visibiiity. e. Landscaping along an entire street frantage should be coardinated to achieve a uniform appearance. f. Landscaping shail be proportional to the building elevations. � g. Landscape plantings shall be those which graw weli in Ukiah's climate withaut extensive irrigation , Nati�e species are strongly encouraged. h . All landscape plantings shall be of sufficfent size, health and intensity so that a viable and mature appearance can be attained (n three years. I - Deciduous trees shall constitute the majority of the trees proposed afong the south and west building exposures; non-deciduous street species shafl be restricted to areas that do nof inhibit solar access . j. Parking lots with twelve ( 12) or more parking stalls shall have a tree placed between e�ery four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless cleariy infeasibfe. Parking lat trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50 percent aver all paved areas within ten years of planting . Based upon the design of the parking lot, a reduced number of trees may 6e approved through the discretianary review process. k, Parking {ots shall have a perimeter planting strip with bath frees and shrubs. I. Pa�king lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it ts serving , relief from this requirement may be appraved through the discretionary review process. m . Street trees may be placed on the property proposed for development instead of wi�hin the pub(ic right-of-way if the location is approved by the City Enginesr, based upon safety and maintenance facters. n . All new developments shall include a landscaping caverage of 20 percent (20% ) of the gross area of the parcel , unless because of the small size of a parcel , such coverage would be unreasonable. A minimum of 50 percerrt (50%) of the landscaped area shall be dedicated to live plantings. o. Landscaping Plans shall include an automatic irrigation system . p. All required landscaping for commercia! development projects shall be adequately maintained in a viable condi�ion . q . The Planning Directar, Zaning Administrator, f'lanning Commission, or City Council shall have the authority to modify the required elements of a Landscaping Plan depending upon the size, scale , intensity, and location of the development ro'ect. 2. Orientation and Location of Buildinqs a. The lacation of buildings shall be coordin with other buildings and open space on adjacent fots, an uld include design elements , oriented to pedestrian usage, s, linked walkways and sidewalks, b. Buildings should be sit preser�e solar access opportunities, and should include pas ' and active solar design elements . c. Buildings sho e oriented to minimize heating and cooling costs . d. Buildin oufd be creatively sited to provide open views of the site and su ding environment. e . ildings shall not be sited in the middle of large parking lots. 17 � � � � ���'t��'�t���� � Jul}/ 16, 201� T� �vh�m if m�y con��rr�: �rush Re�t�ur�nt is pr�posi�g to h��t live rx�usic ent�rt�inr�ent�v�ry w�ek, n�� fi� �ur h�tei, the �I�mpt�n I�nn tJki�h� W� [��k f�rw�rd t� th���diti�r�, (�ur guests c�nstantly�sk for directior� �n items�f int�r��t i� llki�h; �r�d they pr�fer a�tivities witt�in walking dist�nce of the hotel. �ru�� r����g�m�nt h�� agr��d t� interr�l�te with Hampt�n Inn m�nag�m�nt�nd imm�diat�ly ��rr��t �ny ��tivitie� th�t �r��t� � disturb�n����mpl�ir�t f�r th� h�t�l gu�st�. Thank y�t�, r�.,�% � M�rk VV�t n H�mpte�n Ir�t� 1Jki�h MAMPT�IN INt�-11KIAFl 1 16�AirportPark E31vd.•Ukiah, CA 95482 {7071 462-6555 d Fax(707?463-2382 E-mai1: UKMGA NamptanC�Hilton,com ITEM 9B Community Development and Planning Department e�ty � ukah 300 Seminary Avenue Ukiah, CA 95482 planninq(a�citvofukiah.com (707)463-6203 1 2 DATE: August 14, 2013 3 4 TO: Planning Commission 5 6 FROM: Jennifer Faso, Associate Planner 7 8 SUBJECT: Request for approval of a Major Use Permit and Major Site Development Permit 9 Held-Poage Memorial Home and Library proposed annex building and parking 10 603 West Standley Street, APN 001-229-03 11 File No.: 13-07-UP-SDP-PC 12 13 14 RECOMMENDATION 15 16 Staff recommends Planning Commission approve the requested Use Permit and Site 17 Development permit based on the findings included in attachments 1 and 2 and subject to the 18 conditions of approval included in attachment 3. 19 20 PROJECT DESCRIPTION 21 22 An application has been received from Richard Ruff on behalf of the Mendocino County 23 Historical Society requesting Planning Commission approval of a Major Use Permit and Major 24 Site Development Permit to allow the construction of a 3,560 square foot two story annex 25 building for the Held-Poage Memorial Home and Library at 603 West Perkins Street, APN 001- 26 229-03 (see attachment 4, project description). The new annex building would wrap around the 27 existing storage building and would be used for storage of museum documents and storage of 28 new acquisitions and donations. The annex building would also contain research rooms. The 29 project includes the following: 30 31 • Construction of a 3,560 square foot annex building with a portion of the building being 32 two stories; 33 • New landscaping; 34 • Three new on-site parking spaces in the front setback on West Church Street ; and 35 • Removal of one 10 inch Cedar tree. 36 37 No changes to the Held-Poage Memorial Home and Library are proposed as part of this project. 38 The Use Permit is required to allow the museum use to expand to the new annex building and 39 to allow parking within the setback. The Site Development Permit allows the construction of the 40 new building and associated parking and landscaping. 41 42 Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 1 ITEM 9B 1 2 SETTING 3 4 The project site is an 18,776 square foot parcel which fronts onto three streets; West Perkins, 5 Dora and West Church Streets. The site is developed with the Held-Poage Memorial Home and 6 Library (home), a detached accessory structure (used for storage) and landscaping that 7 includes several large trees. The Held-Poage structure is located on the north portion of the lot 8 with the main entrance for the museum on West Perkins Street. A detached accessory structure 9 is located on the southwest portion of the lot behind the home. The storage building was part of 10 the originally home and was noted on the assessor's 1969 records. The storage building with 11 expanded in 1992 with approval of a building permit (Permit No. 5898). 12 13 The property is zoned Single Family Residential (R-1) and is surrounded by the following uses: 14 15 • North: Residential uses zoned R-1 16 • South : Residential uses zoned R-1 17 • East: First Presbyterian Church, SPACE, zoned R-1 18 • West: Community Care Facility and residential uses zoned R-1 19 20 BACKGROUND 21 22 Ukiah Historical and Architectural Inventory. The Held-Poage Home and Library is listed in 23 the 1985 Ukiah Historical and Architectural Inventory and the 1999 Survey Update. The 1985 24 Inventory gave the property a rating of "3" defined as structures that may become eligible for 25 listing in the national register of historic p/aces. In the 1999 Survey Update the rating was 26 changed to "1 S" which defines the property as listed in the National Resister as an individual 27 property(see attachment 5). No changes are proposed for the Held-Poage Home and Library. 28 29 Design Review Board. The Design Review Board (DRB) is required to review and make 30 recommendations on all Site Development Permits. The project was formally reviewed by the 31 DRB on April 11, May 9, and June 12, 2013 (see attachment 7, Design Review Board Minutes). 32 The DRB was unanimously unsupportive of the original project design and provided direction to 33 the applicant as noted in the attached minutes and as summarized below: 34 35 • The design and size of the building overwhelmed and detracted from the museum due to 36 the long box like design, roof line, and proximity to the museum building. 37 • The proposed building needed more articulation/bump-out in the central section so that 38 the building looks less like a box. 39 • The roof pitch should be steeper. 40 • Reconfigure parking lot to make it functional and to reduce number of parking space. 41 • Revise detailing for the new building so that it matches the existing building on the site 42 and is consistent with the neighborhood. 43 • Remove artificial characteristics from the annex building, for example, faux windows and 44 "tacked "on trim. These characteristics distract from the historical composition of the 45 Held-Poage Home and the project site as a whole. Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 2 ITEM 9B 1 • The proposed building design should depict more of a historic character rather than a 2 suburban look. More details should be added that are consistent with the existing historic 3 structure on the site. 4 • The siding should be a 4 inch hardi plank rather than then 8 inch. The 4 inch siding is 5 more in keeping with historic properties. 6 7 The applicant revised the project based on the comments from the DRB. The revised plans 8 include the following modifications: 9 10 • The annex building was moved back and wrapped around the existing storage structure 11 moving the new building out of the drip line of the existing trees and creating a greater 12 separation from the Held-Poage Home and Library. 13 • Changed the roof pitch. 14 • Reduced the number of on-site parking spaces. 15 • Created one and two-story building sections, resulting in a non-box like appearance. 16 • Removed faux details and simplified the details. 17 • Added more articulation to the elevation so that the building does not have a box like 18 appearance. 19 • Added 4 inch siding. 20 21 Based on the revised plans the DRB voted unanimously (4-0) to recommend to the Planning 22 Commission that the project be conditionally approved. The Design Review Board included, as 23 part of its recommendation, a condition of approval that samples of the roof be provided by the 24 applicant and return to the DRB for review and approval. This has been added as a condition of 25 approval. 26 27 STAFF ANALYSIS 28 29 The Secretary of the Interior's Standards for the Treatment of Historic Properties. The 30 Held-Poage Memorial Home and Library is listed on the National Register of Historic Places and 31 therefore the project must meet the criteria included in The Secretary of the Interior's Standards 32 for the Treatment of Historic properties (see attachment 6). The City of Ukiah does not have a 33 designated historic district or an adopted preservation ordinance which could be used to guide 34 in the evaluation of projects that involve historic properties. Therefore in the effort to evaluate 35 any potential impacts that the new annex building and parking area may have on a historic 36 resource. Staff analyzed the project using the Secretary of the Interior's Standards for the 37 Treatment of Historic Properties. Specifically in regards to projects that involve 38 alterations/additions for new use. It was the conclusion that the proposed project would not 39 result in impacts to the Held-Poage Memorial Home and Library. This conclusion is based on 40 the following: 41 42 • The new annex building would be completely separate from the Held-Poage Memorial 43 Home and Library. The annex building would be 22 feet from the historic resource. 44 • No changes to the Held-Poage Memorial Home and Library are proposed as part of this 45 project. Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 3 ITEM 9B 1 • The annex building would be offset from the historic resource in that it would not be in 2 the same sight line of the existing main structure thereby allowing the dominate feature 3 on the site to be the historic resource. 4 • Architectural features that are consistent with the recommendations of the Secretary of 5 the Interior have been added to the project, such as 4 inch hardi plank siding and use of 6 consist architectural details throughout the site. 7 • The new parking area would not be located directly next to the historic resource thereby 8 making the new parking area unobtrusive to the historic resources. 9 • The proposed annex building would be visually compatible in terms of size, scale, 10 materials and color to the historic resource thereby preserving the historic character of 11 the site. 12 13 General Plan. The General Plan land use designation of the parcel is Low Density Residential 14 (LDR). This designation is intended to provide lands for detached or attached single family 15 residences with traditional suburban style or city neighborhood style development density. The 16 actual uses allowed are determined by the zoning of the parcel (such as Single Family 17 Residential, Neighborhood Commercial or Community Commercial). Table 1 below provides an 18 analysis of the General Plan goals and policies that apply to the proposed project. 19 Table 1: General Plan Consisten Goal/Polic Staff Anal sis Historical and Archaeolo ical Resources Goal HA-2: Identify historical, architectural, The existing structure on the project site is listed on the archaeological,and natural places that give the area its Ukiah Historical and Architectural Inventory and the special character and aid its future well-being. National Register of Historic Places. Policy HA-2.1: Designate historical,architectural, The City of Ukiah does not have a designated historic archaeological,and natural places on State and Federal district or adopted historic ordinance; however,the preservation lists. project was reviewed by the Design Review Board.The Board made comments and recommendation related to Implementation Measures HA-2.2(a): During the short the proposed annex's design and its relationship with term planning period,adopt a Historic Archaeological the existing historic structure. The project applicant Preservation ordinance to review permanent changes incorporated some of the recommendations from DRB to the exterior or setting of designated historic or into the project. impacts to archaeological resources. Goal HA-3: Maintain, protect and enhance the area's The proposed project would maintain the historic heritage, including and not limited to its cultural, character of the project site while not overshadowing historical,spiritual,social,economic,architectural, the existing Held-Poage home because the new annex agricultural,archaeological, and scenic heritage. building would be setback toward the rear of the lot leaving the Held-Poage building as the dominate Policy HA-3.1: Encourage the highest standards of structure on the site. Furthermore based on maintenance for historic resources. recommendations from the DRB the applicant revised the roof pitch and architectural details of the building so it would be more in character with the historic architecture of the existing structure.This project would allow the museum to continue to serve the citizens of the City of Ukiah and the Ukiah valley by maintain historic resources. Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 4 ITEM 9B Table 1: General Plan Consisten Goal/Polic Staff Anal sis Goal HA-4:Conserve the character and architecture of The project site is located within an established older neighborhoods. neighborhood on the west side of the City.The proposed annex would fit into the character and Policy HA-4.1:Consider the visual character of architecture the neighborhood because many of the surrounding developments when reviewing design features of the new annex building are similar to discretionary project approvals. the elements of the existing neighborhood. For example the use of pitched roof,the proposed colors and the Implementation Measure HA-4.1(a): The Planning location of the annex building on the site. Commission and City Council shall consider the visual character of surrounding development when reviewing discretionary project approvals. Community Design Goal CD-10: Preserve and enhance neighborhood The project site is located within an established older character. neighborhood on the west side of the City.The proposed annex would fit into the character and Policy CD-10.1: Ensure that new construction in architecture the neighborhood because many of the established neighborhoods maintains or enhances design features of the new annex building are similar to existing neighborhood character. the elements of the existing neighborhood. For example the use of pitched roof,the proposed colors and the location of the annex building on the site. 1 2 Ukiah Municipal Airport Master Plan. The project is subject to the requirements of the Ukiah 3 Municipal Airport Master Plan. The subject parcel is located in the D zone which has negligible 4 risk of impacts and has no limits on development type or maximum densities .Furthermore there 5 are no open land requirements within the D zone and therefor there are no specific 6 requirements related to the fact that the project is located within the D zone. 7 8 Zoning. The zoning of the project site is Single Family Residential (R-1).The Held-Poage Home 9 and Library/Museum has been operating at this site since 1969. Museums are not listed as 10 allowed or permitted within the R1 zoning district. Zoning ordinance section 9022 allows the 11 Planning Director to make a Determination of Appropriate Use whenever a use is not listed as a 12 use permitted by right or a use subject to a use permit. The Planning Director made a 13 Determination of Appropriate Use as allowed by the zoning ordinance. The Determination 14 concluded that construction of the annex would be appropriate with Planning Commission 15 approval of a use permit. This Determination allowed the applicant to apply for Planning 16 Commission approval of a Use Permit for the proposed expansion of museum to the new annex 17 building. Table 3 below includes the applicable requirements of the zoning ordinance with staff 18 analysis 19 Table 3: Zoning Ordinance Consistency Zoning Ordinance Requirement Staff Analysis Uses Public buildings and placed of public The Held-Poage Home and Library has been in operation at this site assembly since 1969.Staff has not been able to find a use permit for the Z.O.Section 9017 museum and library. Staff has concluded that the Museum is a legal Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 5 ITEM 9B Table 3: Zoning Ordinance Consistency Zoning Ordinance Requirement Staff Analysis non-conforming use. The zoning ordinance does not allow this type of use to expand beyond the existing building. Since museums are not included as an allowed or permitted use in the R1 zoning district,a Determination of Appropriate Use is required to allow consideration of the annex building. As allowed by zoning ordinance section 9022,the Planning Director made a Determination of Appropriate Use that the museum use could be expanded into the proposed annex building with Planning Commission approval of a use permit(see attachment 6). Development Standards Setbacks The project site is a 18,776 square foot parcel that encompasses the Front:20 feet entire eastern portion of the block and therefore has three Side : 5 feet fronts(Perkins, Dora and Church Streets).The proposed project is Rear: 5 feet consistent with the required setbacks within the R1 zone. Maximum Height The proposed annex building would be 24' in height and therefore is 30 feet consistent with the height requirement within the R1 zone. Vehicle Parking Public Museums Vehicle parking. Based on the approximate 2,014 square foot existing Held-Poage Home and Library and the 1,085 square foot Vehicle parking.One parking space for detached storage building the site currently requires seven (7) each 400 square feet of gross floor area. parking spaces. The new 3,560 square foot annex would require nine(9)parking spaces. Bicycle Parking. 10 percent of the number of required off- With the addition of the annex the total number of required on-site street parking spaces. parking spaces would be sixteen (16). The site currently has three(3) on-site informal parking spaces located adjacent to the existing storage building. The proposed project includes three new parking spaces which would be located within the front setback along West Church Street.The new spaces would replace the informal parking spaces that are currently on the site.The three proposed parking spaces is less then what is required by the zoning ordinance however given the number of visitors and the number of volunteers who are on the site each day staff feels that three on-site parking spaces is adequate. Furthermore since the project site is located within an existing residential neighborhood a large parking lot would be an inconsistent with the residential feel. A use permit is required to allow more than one on-site parking Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 6 ITEM 9B Table 3: Zoning Ordinance Consistency Zoning Ordinance Requirement Staff Analysis space to be located within the setback. A request for this use permit has been included with this application. There are seven on-street parking spaces along Dora Avenue,four on-street parking spaces along West Perkins and three on-street parking spaces along West Church Street.These spaces are available to the public, including employees,volunteers,and visitors of the museum.Staff has visited the site on several occasions and very seldom have the spaces been in use therefore concluding that the proposed three parking spaces on site would be adequate. DRB was supportive of the revised parking configuration and supported the reduced number of parking spaces. Bicycle Parking. Based on the 9 new parking spaces required for the annex one bicycle parking space is required. Staff feels that this use could attract bicycle riders and therefore a condition of approval has been added. 1 2 Use Permit. Use permits are intended to provide flexibility by permitting land uses and/or 3 deviations from development standards that would not have an adverse impact on surrounding 4 land uses or the general public. This Project requires approval of a Use Permit to allow the 5 museum use to expand into the proposed annex building and to allow parking to be located 6 within the front setback. Table 5 below includes the findings required for approval of the 7 required Use Permits along with staff analysis. 8 Table 5: Use Permit Findin s Findin s Staff Anal sis The proposed land use is consistent with The proposed project is consistent with the General Plan as described the provisions of this Title as well as the in Table 1 above. goals and policies of the City General Plan. The project is consistent with the Zoning Ordnance as described in Table 2 above. The proposed land use is compatible Annex Building.The project site is currently developed with the Held- with surrounding land uses. Poage Memorial Home and Library which is operated by the Mendocino County Historical Society and functions as a museum and research facility that is open to the public. The museum is compatible with the surrounding neighborhood in that it is a low intensity use given that there are only a few visitors at a time.The proposed annex would not increase the number of visitors to the site or the number of volunteers. It would provide additional storage for the existing use. The new building has been designed to complement the surrounding neighborhood along with the existing historic structure on the site. The project would not result in any change to the Held-Poage Home Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 7 ITEM 9B Table 5: Use Permit Findin s Findin s Staff Anal sis and Library. The proposed annex would be completely separate and setback from the existing structure. The Project has been analyzed in regard to the Secretary of the Interior's Standards for historic properties and specifically in regards to the information related to setting(see Secretary of the Interior's Standards discussion above). Based on this and the recommendations from the Design review board combined with the fact that the applicant revised the original plans to address the recommendations of the DRB,the project would be compatible with the surrounding neighborhood. Parking.The proposed new parking spaces would be located on the West Church Street frontage of the site. The three spaces would be configured perpendicular to West Church Street. The spaces would be similar in nature and use to driveway parking spaces within a residential neighborhood. West Church is not a very busy street therefore the cars backing out onto the street would not be a hazard and would be The proposed land use shall not be The project approved with conditions is compatible with surrounding detrimental to the public's health,safety uses based on the following: and general welfare. • The project site is developed with the Held-Poage Memorial Home and Library and has been used as such for many years. The proposed annex building would not change the current use of the property. • The proposed annex building would be used for storage and for research. It would not increase the number of visitors or volunteers to the site. • The hours that the Museum and Library would be open to the public would not change as a result of annex building being built. • The proposed parking along West Church Street would be similar in terms of intensity to a residential driveway in that it would not be frequently used. The project would not be detrimental to the public's health,safety and general welfare based on the following: • Based on the information from the applicant that the Project would not result in an increase in employees,volunteers,or visitors,there is adequate parking(on-street and on-site)for the site and therefore the project would not impact the adjacent neighborhood in terms of additional parked cars. • West Church Street is not a busy street and therefore having cars back out onto West Church would not cause a hazardous situation. Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC S ITEM 9B Table 5: Use Permit Findin s Findin s Staff Anal sis • The project has been reviewed by the Fire Marshal, Police Department, Building Official,and Public Works and any review comments from these departments have been included as conditions of approval. • DRB supports the parking within the setback and felt that it was a good solution to create a parking area that functioned while still fitting within the existing neighborhood. Furthermore a landscape screen would be installed around the outside perimeter of the parking area. • The project has been reviewed by the Fire Marshal, Police Department, Building Official,and Public Works and any review comments from these departments have been included as conditions of approval. • The project is required to comply with all federal,state and local laws. 1 2 Site Development Permit. Pursuant zoning ordinance section 9261(B), construction of new 3 commercial facilities requires approval of a Site Development Permit. In order to approve a Site 4 Development Permit, zoning ordinance section 6263 (E) requires specific findings to be made. 5 Table 6 below includes the findings required for approval of a Site Development Permit along 6 with staff analysis. 7 Table 6: Site Develo ment Permit Findin s Findin s Staff Anal sis The proposal is consistent with the goals, The proposed project is consistent with the General Plan as objectives,and policies of the City General described in Table 1 above. Plan. The project is consistent with the Zoning Ordnance as described in Table 2 above. The location,size,and intensity of the The proposed project involves the construction of a 3,560 square proposed project will not create a hazardous foot annex building. The project site contains a former single or inconvenient vehicular or pedestrian traffic family home and detached accessory structure that are currently pattern. used as library and museum. The proposed located for the annex would not change the current vehicular or pedestrian traffic on the site. However it would be necessary for vehicles to back up over the sidewalk but given the low use of the parking area the backup situation would be similar to a residential driveway and therefore no more hazardous them the existing conditions in the neighborhood. The accessibility of off-street parking areas The proposed project would create three parking spaces that and the relation of parking areas with respect would be located on the West Church Street frontage. The cars to traffic on adjacent streets will not create a would park front in and would back out onto West Church Street. hazardous or inconvenient condition to The proposed parking would be similar to a residential driveway adjacent or surrounding uses. in terms of frequency of use given the low number of visitors and volunteers that are at the project site at one time. Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 9 ITEM 9B Table 6: Site Develo ment Permit Findin s Findin s Staff Anal sis DRB was supportive of this parking configuration and felt that since West Church Street is not a very busy street it would not be a hazard to the adjacent streets nor would it create an inconvenient condition for the adjacent neighborhood. Sufficient landscaped areas have been The proposed project would include the installation of new reserved for purposes of separating or landscaping that would be compatible with the site and the screening the proposed structure(s)from the neighborhood. street and adjoining building sites,and breaking up and screening large expanses of The location of the proposed annex building would be such that paved areas. the existing trees would screen the new building from the street. Because the Project site has three fronts the only immediate neighbors are to the west.The new annex building would not be any located any closer than the existing setbacks. Given the design of the proposed annex building it would be wrapped around the existing detached storage building therefore the new structure would not change the setback on the west side and the existing setback would be maintained. The proposed development will not restrict or The proposed project would not restrict or cut out light and air on cut out light and air on the property,or on the property,or on the property in the neighborhood; nor would the property in the neighborhood; nor will it it hinder the development or use of the buildings in the hinder the development or use of buildings in neighborhood,or impair the value based on the following: the neighborhood,or impair the value • The surrounding properties are already developed.The thereof. proposed annex building would be in a location that would maintain separation between the new building and the existing development on adjacent properties. • Based on the Secretary of the Interior's Standard for Rehabilitation of historic properties standards and an analysis of the project it appears that the Project is appropriately designed to fit the historic character of the site and the surrounding neighborhood.The Design Review Board reviewed the project and the applicant revised the project based on their comments.This process ensures a quality project that would not impair the value to properties or development. The improvement of any commercial or The proposed project site is located within a residential industrial structure will not have a substantial neighborhood. However given that the subject parcels is located detrimental impact on the character or value on two corners only the west side of the parcel is adjacent to of an adjacent residential zoning district. residential. The project has been designed to maintain the existing setback on the west side of the parcel. The closest structure on the adjacent parcel is a detached garage. This garage would separate the new annex building from the Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 10 ITEM 9B Table 6: Site Develo ment Permit Findin s Findin s Staff Anal sis neighboring residence. No windows are proposed on the annex building therefore providing privacy for the neighboring properties. The proposed development will not The project site is located within an existing neighborhood and is excessively damage or destroy natural developed with an existing main structure and a detached features,including trees,shrubs,creeks,and accessory structure. The site contains several mature trees the natural grade of the site. however the project has been designed to keep the new annex building out of the drip line of the trees. As noted in the project description one tree would be removed as a result of this project.The tree to be removed is a 10 inch Cedar located on the West Church Street frontage and shown on the plans. No water courses,wildlife,wildlife habitat,floodway or flood plain or other environmental sensitive areas are present. There is sufficient variety,creativity,and The proposed project was reviewed by the Design Review Board articulation to the architecture and design of and the comments from the Board were incorporated into the the structure(s)and grounds to avoid project by the application creating a project that would monotony and/or a box-like uninteresting complement the existing site and the surrounding neighborhood. externalappearance. The project was also analysis in terms of consistency with the Secretary of the interior Standards for Historic Properties. The new building would be setback from the Held-Poage Home/Library and architectural features that are consistent with the recommendations of the Secretary of the Interior have been added. See Secretary of the Interior's Standards for the Treatment of Historic Properties discussion above. 1 2 3 ENVIRONMENTAL REVIEW 4 5 The proposed project is exempt from the provisions of the California Environmental Quality Act 6 (CEQA) pursuant to 15331 Class 31, which consist of projects limited to maintenance, repair, 7 stabilization, rehabilitation , restoration, preservation, conservation or reconstruction of historic 8 resources in a manner consistent with the Secretary of the Interior's Standards for the 9 treatment of historic properties with Guidance for preserving, rehabilitation, Restoring, and 10 Reconstruction Historic Buildings. The project is also exempt based on Section 15303, Class 3, 11 New Construction, which allows new construction that does not involve the use of significant 12 amounts of hazardous substances, does not exceed 10,000 square feet in floor area and is in Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 11 ITEM 9B 1 an area where all necessary public services and facilities are available, and the surrounding 2 area is not environmentally sensitive based on the following: 3 4 • The total square footage of the annex is 3,560 square feet. 5 • The location has no drainage courses or bodies of water(such as creeks or streams) are 6 present. 7 • The existing main structure on the subject property is listed on the National Register of 8 Historic Places however no changes to this structure are proposed as part of the project. 9 • The project has been analyses in terms of consistence with the Secretary of the Interior 10 Historic Standards. The project includes design features that would make the new 11 building less dominate on the site while still being compatible the existing historic 12 structure and thus maintaining the historic character of the site. 13 • The site is developed with an existing building and accessory structure, utilities and 14 services already are available at the site. 15 16 PUBLIC NOTICE 17 18 A notice of public hearing was provided in the following manner: 19 20 ■ posted in three places on the project site on August 2, 2013; 21 ■ mailed to property owners within 300 feet of the project site on August 2, 2013; and 22 ■ published in the Ukiah Daily Journal on August 4, 2013; 23 24 As of the writing of this staff report, no correspondence has been received regarding this 25 Project. 26 27 DECISION TIMELINE 28 29 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The 30 PSA requires that a decision be made on the project within 60 days of the application being 31 deemed complete. This application was submitted to the Planning and Community Development 32 Department on March 15, 2013 and was deemed complete on June 28, 2013. As such, a 33 decision must be made on the project no later than August 27, 2013. The applicant may request 34 a onetime extension of the decision timeline. The next regularly scheduled Planning 35 Commission meeting is August 28, 2013. 36 37 ATTACHMENTS 38 39 1. Draft Use Permit Findings 40 2. Draft Site Development Permit Findings 41 3. Draft Use Permit and Site Development Permit Conditions of Approval 42 4. Project Description submitted by applicant date stamped 43 5. City of Ukiah Historic Inventory 1985 and 1999 44 6. The Secretary of the Interior's Standards for Rehabilitation excerpt 45 7. DRB minutes April 11, May 9 and June 12, 2013 46 8. Project Plans 47 48 Mendocino County Historical Society 603 West Perkins/APN 001-229-03 File No.:13-07-UP-SDP-PC 12 1 ATTACHMENT 1 2 3 DRAFT MAJOR USE PERMIT FINDINGS FOR APPROVAL TO ALLOW 4 HELD-POAGE MEMORIAL HOME AND LIBRARY TO EXPAND INTO A NEW 5 ANNEX BUILDING AND TO ALLOW PARKING WITHIN THE SETBACK AT 6 603 WEST STANDLEY STREET, APN 001-229-03 7 FILE NO.: 13-07-UP-SDP-PC 8 9 The following findings are supported by and based on information contained in this staff 10 report, the application materials and documentation, and the public record. 11 12 1. The proposed project, as conditioned, is consistent with the goals and policies of 13 the General Plan as described in the staff report and Table 1. 14 15 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as 16 described in Table 2 of the staff report. 17 18 3. The subject parcel is located in the D zone of the Airport Master Plan Map. The D 19 zone has negligible risk of impacts and has no limits on development type or 20 maximum densities. Furthermore there are no open land requirements within the 21 D zone and therefor there are no specific requirements related to the fact that the 22 project is located within the D zone. 23 24 4. The proposed project, as conditioned, is consistent with the Secretary of the 25 Interior's Standards for the Treatment of Historic Properties as described in the 26 staff report. 27 28 5. The proposed project, as conditioned, is compatible with surrounding land uses 29 and shall not be detrimental to the public's health, safety and general welfare 30 based on the following: 31 32 A. The project site is currently developed with the Held-Poage Memorial 33 Home and Library which is operated by the Mendocino County Historical 34 Society and functions as a museum and research facility that is open to 35 the public. The museum is compatible with the surrounding neighborhood 36 in that it is a low intensity use given that there are only a few visitors at a 37 time. The proposed annex would not increase the number of visitors to 38 the site or the number of volunteers. It would provide additional storage 39 for the existing use. 40 B. The new building has been designed to complement the surrounding 41 neighborhood along with the existing historic structure on the site. The 42 project would not result in any change to the Held-Poage Home and 43 Library. The proposed annex would be completely separate and setback 44 from the existing structure. 45 46 C. The Project has been analyzed in regard to the Secretary of the Interior's 47 Standards for historic properties and specifically in regards to the information Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 1 1 related to setting (see Secretary of the Interior's Standards discussion in staff 2 report). Based on this and the recommendations from the Design review 3 board combined with the fact that the applicant revised the original plans to 4 address the recommendations of the DRB, the project would be compatible 5 with the surrounding neighborhood. 6 D. The project site is developed with the Held-Poage Memorial Home and 7 Library and has been used as such for many years. The proposed annex 8 building would not change the current use of the property. 9 E. The proposed annex building would be used for storage and for research. It 10 would not increase the number of visitors or volunteers to the site. 11 F. The hours that the Museum and Library would be open to the public would 12 not change as a result of annex building being built. 13 G. The proposed new parking spaces would be located on the West Church 14 Street frontage of the site. The three spaces would be configured 15 perpendicular to West Church Street. The spaces would be similar in nature 16 and use to driveway parking spaces within a residential neighborhood. West 17 Church is not a very busy street therefore the cars backing out onto the street 18 would not be a hazard and would be 19 20 6. The project would not be detrimental to the public's health , safety and general 21 welfare based on the following: 22 23 A. Based on the information from the applicant that the Project would not result 24 in an increase in employees, volunteers, or visitors, there is adequate parking 25 (on-street and on-site)for the site and therefore the project would not impact 26 the adjacent neighborhood in terms of additional parked cars. 27 B. West Church Street is not a busy street and therefore having cars back out 28 onto West Church would not cause a hazardous situation. 29 C. The project has been reviewed by the Fire Marshal, Police Department, 30 Building Official, and Public Works and any review comments from these 31 departments have been included as conditions of approval. 32 D. DRB supports the parking within the setback and felt that it was a good 33 solution to create a parking area that functioned while still fitting within the 34 existing neighborhood. Furthermore a landscape screen would be installed 35 around the outside perimeter of the parking area. 36 E. The project has been reviewed by the Fire Marshal, Police Department, 37 Building Official, and Public Works and any review comments from these 38 departments have been included as conditions of approval. 39 F. The project is required to comply with all federal, state and local laws. 40 41 7. The proposed project is exempt from the provisions of the California 42 Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3, New 43 Construction, which allows new construction that does not involve the use of 44 significant amounts of hazardous substances, does not exceed 10,000 square 45 feet in floor area and is in an area where all necessary public services and 46 facilities are available, and the surrounding area is not environmentally sensitive 47 based on the following: 48 Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 2 1 A. The total square footage of the annex is 3,560 square feet. 2 B. The location has no drainage courses or bodies of water (such as creeks 3 or streams) are present. 4 C. The existing main structure on the subject property is listed on the 5 National Register of Historic Places however no changes to this structure 6 are proposed as part of the project. 7 D. The project has been analyses in terms of consistence with the Secretary 8 of the Interior Historic Standards. The project includes design features 9 that would make the new building less dominate on the site while still 10 being compatible the existing historic structure and thus maintaining the 11 historic character of the site. 12 E. The site is developed with an existing building and accessory structure, 13 utilities and services already are available at the site. 14 15 8. Notice of the proposed project was provided in the following manner as required 16 by the Zoning Ordinance: 17 A. posted in three places on the project site on August 2, 2013; 18 B. mailed to property owners within 300 feet of the project site on 19 August 2, 2013; and 20 C. published in the Ukiah Daily Journal on August 4, 2013; 21 22 23 24 25 26 27 28 29 30 31 32 33 Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 3 1 ATTACHMENT 2 2 3 DRAFT MAJOR SITE DEVELOPMENT PERMIT FINDINGS TO ALLOW 4 HELD-POAGE MEMORIAL HOME AND LIBRARY TO CONSTRUCT A NEW 5 ANNEX BUILDING WITH ASSOCIATED PARKING AND LANDSCAPING AT 6 603 WEST STANDLEY STREET, APN 001-229-03 7 FILE NO.: 13-07-UP-SDP-PC 8 9 The following findings are supported by and based on information contained in this staff 10 report, the application materials and documentation, and the public record. 11 12 1. The proposed Project, as conditioned, is consistent with the goals and policies of 13 the General Plan as described in the staff report and Table 1. 14 15 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as 16 described in Table 2 of the staff report. 17 18 3. The location, size, and intensity of the proposed project will not create a 19 hazardous or inconvenient vehicular or pedestrian traffic pattern based on the 20 following: 21 22 A. The proposed project involves the construction of a 3,560 square foot annex 23 building. 24 B. The project site contains a former single family home and detached 25 accessory structure that are currently used as library and museum. The 26 proposed located for the annex would not change the current vehicular or 27 pedestrian traffic on the site. However it would be necessary for vehicles to 28 back up over the sidewalk but given the low use of the parking area the 29 backup situation would be similar to a residential driveway and therefore no 30 more hazardous them the existing conditions in the neighborhood. 31 32 4. The accessibility of off-street parking areas and the relation of parking areas with 33 respect to traffic on adjacent streets will not create a hazardous or inconvenient 34 condition to adjacent or surrounding uses based on the following: 35 36 A. The proposed project would create three parking spaces that would be 37 located on the West Church Street frontage. The cars would park front in 38 and would back out onto West Church Street. The proposed parking Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 1 1 would be similar to a residential driveway in terms of frequency of use 2 given the low number of visitors and volunteers that are at the project site 3 at one time. 4 B. The Design Review Board was supportive of this parking configuration 5 and felt that since West Church Street is not a very busy street it would 6 not be a hazard to the adjacent streets nor would it create an 7 inconvenient condition for the adjacent neighborhood. 8 9 5. Sufficient landscaped areas have been reserved for purposes of separating or 10 screening the proposed structure(s) from the street and adjoining building sites, 11 and breaking up and screening large expanses of paved areas based on the 12 following: 13 14 A. The proposed project would include the installation of new 15 landscaping that would be compatible with the site and the 16 neighborhood. 17 B. The location of the proposed annex building would be such that the 18 existing trees would screen the new building from the street. 19 C. Because the Project site has three fronts the only immediate 20 neighbors are to the west. The new annex building would not be any 21 located any closer than the existing setbacks. Given the design of the 22 proposed annex building it would be wrapped around the existing 23 detached storage building therefore the new structure would not 24 change the setback on the west side and the existing setback would 25 be maintained. 26 27 6. The proposed project would not restrict or cut out light and air on the property, or 28 on the property in the neighborhood; nor would it hinder the development or use 29 of the buildings in the neighborhood , or impair the value based on the following: 30 31 A. The surrounding properties are already developed. The proposed 32 annex building would be in a location that would maintain separation 33 between the new building and the existing development on adjacent 34 properties. 35 B. Based on the Secretary of the Interior's Standard for Rehabilitation of 36 historic properties standards and an analysis of the project it appears 37 that the Project is appropriately designed to fit the historic character of Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 2 1 the site and the surrounding neighborhood. The Design Review Board 2 reviewed the project and the applicant revised the project based on 3 their comments. This process ensures a quality project that would not 4 impair the value to properties or development. No windows are 5 proposed on the annex building therefore providing privacy for the 6 neighboring properties. 7 8 7. The proposed project site is located within a residential neighborhood. However 9 given that the subject parcels is located on two corners only the west side of the 10 parcel is adjacent to residential. The project has been designed to maintain the 11 existing setback on the west side of the parcel. The closest structure on the 12 adjacent parcel is a detached garage. This garage would separate the new 13 annex building from the neighboring residence. 14 15 8. The proposed development will not excessively damage or destroy natural 16 features, including trees, shrubs, creeks, and the natural grade of the site based 17 on the following: 18 19 A. The project site is located within an existing neighborhood and is 20 developed with an existing main structure and a detached accessory 21 structure. The site contains several mature trees however the project 22 has been designed to keep the new annex building out of the drip line of 23 the trees. 24 B. As noted in the project description one tree would be removed as a result 25 of this project. The tree to be removed is a 10 inch Cedar located on the 26 West Church Street frontage and shown on the plans. 27 C. No water courses, wildlife, wildlife habitat, floodway or flood plain or other 28 environmental sensitive areas are present. 29 30 9. There is sufficient variety, creativity, and articulation to the architecture and 31 design of the structure(s) and grounds to avoid monotony and/or a box-like 32 uninteresting external appearance based on the following: 33 34 A. The proposed project was reviewed by the Design Review Board and 35 the comments from the Board were incorporated into the project by 36 the application creating a project that would complement the existing 37 site and the surrounding neighborhood. Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 3 1 B. The project was also analysis in terms of consistency with the 2 Secretary of the interior Standards for Historic Properties. The new 3 building would be setback from the Held-Poage Home/Library and 4 architectural features that are consistent with the recommendations of 5 the Secretary of the Interior have been added. 6 C. See Secretary of the Interior's Standards for the Treatment of Historic 7 Properties discussion in staff report. 8 9 10. Notice of the proposed Project was provided in the following manner as required 10 by the Zoning Ordinance: 11 12 A. posted in three places on the project site on August 2, 2013; 13 B. mailed to property owners within 300 feet of the project site on August 14 2, 2013; and 15 C. published in the Ukiah Daily Journal on August 4, 2013. 16 17 11. The proposed project is exempt from the provisions of the California 18 Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3, New 19 Construction, which allows new construction that does not involve the use of 20 significant amounts of hazardous substances, does not exceed 10,000 square 21 feet in floor area and is in an area where all necessary public services and 22 facilities are available, and the surrounding area is not environmentally sensitive 23 based on the following: 24 25 A. The total square footage of the annex is 3,560 square feet. 26 B. The location has no drainage courses or bodies of water (such as creeks 27 or streams) are present. 28 C. The existing main structure on the subject property is listed on the 29 National Register of Historic Places however no changes to this structure 30 are proposed as part of the project. 31 D. The project has been analyses in terms of consistence with the Secretary 32 of the Interior Historic Standards. The project includes design features 33 that would make the new building less dominate on the site while still 34 being compatible the existing historic structure and thus maintaining the 35 historic character of the site. 36 E. The site is developed with an existing building and accessory structure, 37 utilities and services already are available at the site. Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 4 1 2 Held-Poage Museum Annex Building Use Permit Findings 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 5 1 ATTACHMENT 3 2 3 DRAFT MAJOR USE PERMIT CONDITIONS OF APPROVAL 4 TO ALLOW THE HELD-POAGE MEMORIAL HOME AND LIBRARY 5 TO EXPAND INTO A NEW ANNEX BUILDING 6 AND TO ALLOW PARKING WITHIN THE SETBACK AND 7 DRAFT SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL TO CONSTRUCT THE 8 ANNEX BUILDING AT 603 WEST STANDLEY STREET, APN 001-229-03 9 FILE NO.: 13-07-UP-SDP-PC 10 11 12 1. Use Permit approval is granted to allow the expansion of the Held-Poage Memorial 13 Home and Library to expand into a new annex building and to allow parking within the 14 front setback. Site Development Permit approval is granted to allow the construction of 15 the new annex building and associated site improvements as shown on the plans date 16 stamped May 29, 2013 and as described in the project description submitted to the 17 Planning and Community Development Department date stamped May 29, 2013 18 19 2. Prior to building permit approval a sample of the proposed roof to be used for the annex 20 building shall be provided by the applicant and returned to the Design Review Board for 21 review and approval. 22 23 3. Plans submitted for building permit shall include the location of the required bike rack 24 and specifications of proposed bike rack. Inverted "u" preferred. 25 26 4. Prior to building permit final a bicycle rack shall be installed, subject to staff review and 27 approval, Inverted "u" preferred. 28 29 5. Construction hours 7:00 a.m. to 7:00 p.m. Monday through Friday. Saturday 9:00 a.m. 3o to 4:00 p.m. Construction is prohibited on Sundays and holidays recognized by the City 31 of Ukiah. Interior construction is exempt from these hours provided that construction 32 noise is not audible at the project property lines. 33 34 6. On plans submitted for building permit these conditions of approval shall be included as 35 notes on the first sheet. 36 37 From the Public Works Department 38 39 7. If the building permit value is equal to or greater than one-third of the existing structure, 4o curb, gutter, sidewalk and street trees shall be provided along the subject property 41 frontages (West Perkins Street, South Dora Street, and West Church Street) pursuant to 42 Section 9181 of the Ukiah City Code. This shall include the repair or upgrade of existing Held-Poage Museum Annex Building Use Permit Conditions of Approval Site Development Permit Conditions of Approval 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 1 1 curb, gutter, sidewalk, driveway approaches and/or curb ramps to meet current ADA 2 standards, and the planting of additional street trees as required. 3 4 8. The proposed structure shall be separately connected to the sewer main, unless this 5 requirement is waived by the City Engineer. Existing sewer laterals shall be cleaned and 6 tested in accordance with City of Ukiah Ordinance No. 1105 and replaced if required. 7 8 9. The proposed development is located within the City of Ukiah sanitary sewer service 9 area and subject to applicable sewer connection fees. 10 11 10. All areas of circulation shall be paved with a minimum of 2" of AC on 6" of aggregate 12 base or other suitable surface approved by the City Engineer, pursuant to Section 9184 13 of the Ukiah City Code. This includes all driveway and parking areas. 14 15 From the Buildinq Official 16 17 11. The main use of the proposed building appears to be storage and work rooms. The 18 occupancy for the building would be S-1 and F-1 with perhaps a small assembly area as 19 an accessory use. The 2010 California Building Code only allows a single story for this 20 type of building. The installation of an automatic sprinkler system allows the maximum 21 number of stories to be increased by one. 22 23 12. As long as the stairway serves less than 10 occupants it is not required to enclosed. 24 25 13. The drinking fountain in the hallway is required to be a high-low drinking fountain. 26 27 14. A sewer lateral testing permit and final is required for this project. 28 29 15. The door swing into the bathroom appears to be encroaching into the required clear floor 3o space for the lavatory. 31 32 16. The storage area under the stair is required to be 1 hour rated. 33 34 From the Fire Marshal 35 36 17. Occupancy inspection for fire extinguisher placement and coverage will be performed 37 during site visit/inspection, and listed during plan check process. 38 39 Standard Conditions 40 41 18. Business operations shall not commence until all permits required for the approved use, 42 including but not limited to business license, tenant improvement building permit, have 43 been applied for and issued/finaled. 44 Held-Poage Museum Annex Building Use Permit Conditions of Approval Site Development Permit Conditions of Approval 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 2 1 19. No permit or entitlement shall be deemed effective unless and until all fees and 2 charges applicable to this application and these conditions of approval have been paid in 3 full. 4 5 20. The property owner shall obtain and maintain any permit or approval required by law, 6 regulation, specification or ordinance of the City of Ukiah and other Local, State, or 7 Federal agencies as applicable. All construction shall comply with all fire, building, 8 electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect 9 at the time the Building Permit is approved and issued. 10 11 21. A copy of all conditions of this Use Permit shall be provided to and be binding upon any 12 future purchaser, tenant, or other party of interest. 13 14 22. All conditions of approval that do not contain specific completion periods shall be 15 completed prior to building permit final. 16 17 23. This Use Permit and Site Development Permit may be revoked through the City's 18 revocation process if the approved project related to this Permit is not being conducted 19 in compliance with these stipulations and conditions of approval; or if the project is not 20 established within two years of the effective date of this approval; or if the established 21 use for which the permit was granted has ceased or has been suspended for 24 22 consecutive months. 23 24 24. Except as otherwise specifically noted, the Use Permit and Site Development Permit 25 shall be granted only for the specific purposes stated in the action approving the Use 26 Permit and Site Development Permit and shall not be construed as eliminating or 27 modifying any building, use, or zone requirements except to such specific purposes. 28 29 25. All required landscaping shall be properly maintained to insure the long-term health and 30 vitality of the plants, shrubs and trees. Proper maintenance means, but is not limited to 31 the following: 32 33 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate 34 according to the season, i. e., more water in summer, less in the winter. 35 36 B. Additional watering shall occur during long periods of severe heat and drying winds, 37 and reduced watering shall be used during extended periods of cool rainy weather. 38 39 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic 40 fertilizer according to the recommendations of a landscaping professional. 41 42 D. Weed killers shall not be used on or near trees. 43 Held-Poage Museum Annex Building Use Permit Conditions of Approval Site Development Permit Conditions of Approval 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 3 1 E. The tree ties and stakes shall be checked every six months to ensure they do not 2 constrict the trunks and damage the trees. 3 4 F. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not 5 damage the trunk of the tree and its overall growth. 6 7 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including 8 vandalism, shall be replaced with the same or similar tree species, or an alternative 9 species approved by the department of Planning and Community Development. 10 11 H. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All 12 pruning shall follow standard industry methods and techniques to ensure the health 13 and vitality of the tree. 14 15 Failure to comply with the requirements listed above could result in revocation of the Use 16 Permit/Site Development Permit. 17 18 26. This approval is contingent upon agreement of the applicant and property owner and 19 their agents, successors and heirs to defend, indemnify, release and hold harmless the 20 City, its agents, officers, attorneys, employees, boards and commissions from any claim, 21 action or proceeding brought against any of the foregoing individuals or entities, the 22 purpose of which is to attack, set aside, void or annul the approval of this application. 23 This indemnification shall include, but not be limited to, damages, costs, expenses, 24 attorney fees or expert witness fees that may be asserted by any person or entity, 25 including the applicant, arising out of or in connection with the City's action on this 26 application, whether or not there is concurrent passive or active negligence on the part 27 of the City. If, for any reason any portion of this indemnification agreement is held to be 28 void or unenforceable by a court of competent jurisdiction, the remainder of the 29 agreement shall remain in full force and effect. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Held-Poage Museum Annex Building Use Permit Conditions of Approval Site Development Permit Conditions of Approval 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 4 1 2 3 Held-Poage Museum Annex Building Use Permit Conditions of Approval Site Development Permit Conditions of Approval 603 West Perkins Street/APN 001-229-03 File No.13-07-UP-SDP-PC 5 ,— _ C� --�-�--��'�L.., . ��� �-� �� - � � N � � 1t� � _ �� � — • _ ? � 2La � •�?� ' �1-,-- • � l ; �- . � _ � � .--�-- � � - , :� � � � � � � — - � _ � �` - � ��n . �- �; � � �' % � ' ' � ��� � } • � � . .. � ` � �,`�y 1 � � f _ ---- i�tn�� � , ! -�������; I� M � � ` . � � � " � � � � �----} �- _. . _ ��"� � F ._�': _.. _ •__- . . � . 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