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 � � �
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— — — � � 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
� ❑ ❑ �
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O � � ow ❑
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w o zi c� �' o
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�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
�
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SCALE: 1/8�� - 1�-0�� [96] SECOND LEVEL FLOOR PLAN NOTES AND LEGEND
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�� • •
.�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. Guillon
Presiden�
4
Exhibit I3
. ._ _ o , —
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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 .
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13. Access Drivewavs and Deceleration Lanes
a . �very effort shaii be made to minimize access driveways along qirport
Park Boulevard. 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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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