HomeMy WebLinkAbout07252012 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
�uly 25, 2012
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 BRENNER, DOBLE, SANDERS,
WHETZEL, AND CHAIRPERSON PRUDEN
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the May 23, 2012 meeting are included for review and approval.
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 and associated California Environmental Quality Act (CEQA) determinations 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 matters on this agenda, an appeal must
be received no later than Monday August 6, 2012 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
A. Orchard Avenue Substation Landscaping Plan File No.: 09-05-SDP-PC.
Planning Commission consideration and possible action on the landscaping plan for
the Orchard Avenue Substation at 724 South Orchard, APN 003-582-37, south of
East Gobbi Street. The landscaping plan is required as part of the Site Development
Permit for the substation. The Site Development Permit approved by Planning
Commission in 2009 allowed the landscaping plan to be deferred and once prepared
to return to the Commission for review and decision.
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. The Office Outside Dining, Live Entertainment, and Special Event Use
Permit File No.: 12-11-UP-PC. Planning Commission consideration and possible
action on a request for approval of a Major Use Permit to allow The Office to have
live entertainment in the building and outside in the lawn area, additional outdoor
dining, and special events at 131 East Mill Street, APN 002-302-57.
10. NEW BUSINESS
A. Election of Chairperson and Vice Chairperson
11. PLANNING DIRECTOR'S REPORT
12. 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 May 23, 2012
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair Jason Brenner
7 Kevin Doble Mike Whetzel
8 Linda Sanders
9
10 STAFF PRESENT OTHERS PRESENT
11 Charley Stump, Planning Director Listed below, Respectively
12 Jennifer Faso, Associate Planner
13 Cathy Elawadly, Recording Secretary
14
15 1. CALL TO ORDER
16 The regular meeting of the City of Ukiah Planning Commission was called to order by
17 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
18 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 11, 2012 are included for review and
25 approval.
26
27 Commissioner Sanders made the following correction:
28
29 Page 11, line 32, typographical error, correct to read, `general plan.'
30
31 M/S Sanders/Doble to approve April 11, 2012 minutes, as amended. Motion carried (3-0) with
32 Commissioners Brenner and Whetzel absent.
33
34 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
35
36 6. APPEAL PROCESS-There are no appealable items on this agenda.
37
38 7. SITE VISIT VERIFICATION
39
40 8. VERIFICATION OF NOTICE
41
42 9. NEW BUSINESS
43 9A. 528 North State Street Mixed Use Development Pre-Application Review File NO. 12-09-
44 PRE-PC: Conduct a pre-application review of a mixed-use project at 528 North State Street, APN
45 002-146-11. The project would include seven one bedroom apartments, five single-room
46 occupancy units, 509 square feet of commercial space and, 12 parking spaces.
47
48 Associate Planner Faso gave a staff report:
49 • The Planning Commission is being asked to review and comment on preliminary plans for a
50 mixed use project consisting of seven one bedroom apartments, five single room occupancy
51 (SRO) units and commercial space for two office suites, storage and laundry space,
52 hardscape/paving and landscaping.
53 • No action will be taken on this project tonight.
54 • The proposed site is located on the west side of North State Street. Norton Street terminates at
55 the project site creating a T-intersection.
MINUTES OF THE PLANNING COMMISSION May 23, 2012
Page 1
1 • Memo in the packet points out preliminary project consistency relative to the General Plan,
2 density requirements and applicable zoning regulations.
3 • With regard to uses, commercial and office uses are allowed with no use permit required in the
4 C-1 zoning district. Apartments and mixed residential/commercial uses are permitted with
5 approval of a use permit. The zoning ordinance does not include SRO units as a use and the use
6 is not defined in the UMC. In order to allow the SRO units, the Planning Director is required to
7 make a determination of appropriate use as allowed by City Code. Based on the information
8 provided by the applicant, it appears the findings required for a determination of appropriate use
9 can be made for the SRO units. Accordingly, a use permit would then be required and staff would
10 recommend the SRO units be subject to the requirements included in the draft Downtown Zoning
11 Code (DZC).
12 • Based on the draft DZC, the SRO units would be exempt from the density limitation.
13 • Some of the applicable development standards for the project for the C-1 zoning district and draft
14 DZC related to SRO units are provided in a table of page 2 of the staff report for review.
15 • While the subject property is located outside of the boundaries of the draft DZC, the draft
16 document allows SROs as an allowed use subject to compliance with specific development
17 standards. The applicant as part of their application materials has included a copy of the draft
18 DZC use table and standards for SROs.
19 • One street tree is required to be planted for every 30 feet of project frontage.
20 • The project is located within the boundaries of the Downtown Design District and must be
21 reviewed for consistency with these guidelines.
22 • The City Council will soon be introduced to an ordinance that reestablishes the DRB. The
23 ordinance requires DRB review for all projects that are subject to a site development permit. The
24 proposed project may be subject to review by the DRB should the ordinance be adopted.
25 • In addition to requiring a determination of appropriate use for the SRO units that allows the
26 applicant to apply for a use permit for the SRO units, a Major Use Permit and a Major Site
27 Development Permit are also required.
28 • The project architect is available to answer questions from the Commission.
29
30 PUBLIC HEARING OPENED: 6:07 p.m.
31
32 Commission comments:
33 • Is pleased to see a mixed-use project.
34 • Bringing commercial and residential uses/options to that part of town is good for the community.
35 • Supports taking advantage of the use of LID features for the project to capture runoff from the
36 hardscape that would occur on the site.
37 • SRO units are essentially referred to as `studio units/apartments' in this community. Studio
38 apartments are found throughout Ukiah. They work well and provide an affordable niche for
39 people.
40 • It appears the studio apartments do not have a kitchen component.
41 • The design for this project is similar to other projects in the community. The corresponding design
42 is a nice fit.
43 • It may be the project would provide for a live/work situation.
44 • The proposed two buildings facing State Street at zero lot line should likely have a decorative
45 component.
46 • The same look for the double doors on the upstairs unit might work for the downstairs unit.
47 • A planter box attached to the upstairs balcony may be a design consideration.
48 • The application of signage would likely work best if there was lettering directly attached to a
49 window. This is a fairly common approach to signage for this type of complex.
50 • Is not sure with the public right-of-ways whether or not awnings are possible for decorative and
51 building enhancement purposes.
52 • There is some concern about the parking with regard to the site constraints and making it all
53 function well, particularly if there is a popular business in the complex. Assumes the downstairs
54 commercial unit will probably be some kind of office/office professional that has little or no
55 pedestrian traffic through it.
MINUTES OF THE PLANNING COMMISSION May 23, 2012
Page 2
1 • Consider some design features on the east elevation for the front units to make them a little more
2 attractive.
3 • Does not have a problem with a SRO concept.
4 • Would like to see some trees in front of the project.
5 • It would be up to the property owner as to whether or not to accept `housing entitlement.'
6 • The storage units planned for the project will help buffer noise to the adjacent residential
7 neighborhood on School Street.
8
9 Commission questions:
10 Q1: How does the applicant envision the property functioning?
11 Q2; Is there going to be an on-site managed shelter facility or market rate rental housing or both?
12 Q3. Will the public be able to use the bicycle parking for the commercial units?
13 Q4. There does not appear to be a place for a street tree on the sidewalk. Would it be possible to
14 change the configuration of the driveway to accommodate a street tree?
15 Q5. Is the driveway for the project located directly from Norton Street?
16 Q6. How would the driveway/intersection scenario work? Does a person turning left yield to traffic?
17 Q7. Which direction does the site drain?
18 Q8. Questioned why the plans do not show the east elevation for the commercial units? Will the
19 design features for the commercial units be similar to the other units, i.e., roof pitch etc?
20 Q9. Do the studio units have a kitchen component?
21 Q10. Requested clarification the residential and commercial uses are not connected and that persons
22 would have to use the stairwell to get from one unit to another if he/she lives upstairs.
23 Q11. Requested clarification the units would be market rate?
24 Q12. Were the draft DZC standards/requirements helpful in terms of shaping the project?
25
26 Richard Ruff, Project Architect and Representative and referred to the site plans:
27 A1: The concept was to make this project happen financially for the owner. The only way this could
28 effectively be achieved was to get as many units as is legally possible on the property for lease
29 purposes. The project is not a shelter of any kind. Single entry level single apartments are
30 proposed starting at $475 a month, which is really needed in the Downtown area. These
31 apartments vary in size. When the lot area was divided in accordance with the density
32 requirements, 7.9 units and/or 7 units rounded-down were calculated. This figure did not pencil
33 out so to make the project work financially, the concept of SRO units was proposed for
34 consideration and applied to the project. 200 square feet of common space must be provided for
35 the project and this is being accomplished by way of a garden area in the rear of the lot. The
36 intent is to develop the garden into an `urban garden' to grow food. In the mix of the back building
37 of the seven units there is one SRO unit next to the common area. There are three one bedroom
38 apartments on the first floor and there are four one-bedroom units on the second floor of the rear
39 building that have a sizable loft, which is the equivalent to a bedroom and a half unit. Because of
40 the lot constraints and the tight fit providing for adequate storage space is a problem. The plan is
41 to include 10 storage units to the rear of the property with a laundry facility. For the front two
42 buildings, there is commercial space on the first floor and on the second floor there are two SRO
43 units. These units have covered parking.
44
45 The project must include a recycling plan. The City waste management providers will service the
46 project where the waste/recycling containers will be brought to the street as opposed to a large
47 truck coming into the complex to pick up garage/recycling and risk problems since the site is very
48 tight in terms of space.
49
50 The Management Plan is a work in progress and will be submitted at a later date.
51
52 City fire trucks will be able to make a T-turn on the site.
53
54 There are some existing trees on the west side of the subject property.
55
56 The list of project objectives includes:
MINUTES OF THE PLANNING COMMISSION May 23, 2012
Page 3
1 • Rainwater will be harvested/stored to irrigate the urban garden.
2 • The plan is to try and incorporate some vertical `green' walls.
3 • Green building standards will be used in the design of the buildings.
4 • The roofs are designed to receive Sharp PV solar modules.
5 • The units will be electric with PG&E gas for back-up. The solar panels will function as the
6 primary power. Heating and cooling will be with `mini-split systems.'
7 • Tankless waterheaters will be installed in the units.
8 • High-energy saving fans will be used.
9 • Clay pavers will be used.
10 • All the appliances will be energy `star-rated' or better. The intent is to get very close to a
11 net-zero energy building.
12 • Provide for triple glazed windows to make the project as energy efficient as possible and
13 this type of windows will help mitigate noise impacts. The windows will open.
14 • The ground-floor units to the rear will have separate garden areas. The project will meet
15 the 20% landscaping requirement. There are plans for a trellis in this area.
16 • The parking requirements are being met in a way that seven units require seven parking
17 spaces and the SRO units require 2'/2 parking that round to 3 spaces. The commercial
18 spaces require 1 parking space each for a total of 12 parking spaces.
19 • There will be 12 bicycle parking spaces.
20 • A handicap parking space would be located at the entrance to the larger units in the rear
21 of the lot.
22 • There will be handicap access from the sidewalk throughout the project.
23 • One unit on the ground floor will be ADA accessible under the residential use component
24 and located nearest the handicap parking space.
25 • 10 small storage units will be built in the rear.
26 • A common laundry room will be located next to the storage units.
27
28 A3. The public will be able to use the bicycle parking for the commercial units. There will be bicycle
29 parking located beside the utility room on the north building.
30 A4. The proposed layout of the driveway is the best approach in terms of safety precautionary
31 measures. The current proposed configuration presents a traffic calming situation as one
32 approaches the driveway where a person must slow down to make it through the driveway. The
33 intent was to leave the `landing areas in the fronY clear. The applicant is looking for a place on
34 State Street where a street tree can be planted and this may be problematic because of power
35 lines, other utilities and the existing traffic signal. One of the requirements is to treat the issue of
36 access at an intersection with regard to pedestrians and vehicles since the property is essentially
37 located at an intersection where Norton Street terminates at the project site and creates a T-
38 intersection.
39 A5. The entrance to the driveway is located directly across from Norton Street. The intent of Public
40 Works was to get the driveway as close to directly opposite Norton Street.
41 A6. The results from the traffic study being done for the project as to how egress and ingress works
42 for the driveway and intersection have not been received. There will be a signal on the sidewalk
43 to alert people when to stop and go.
44 A7. Runoff generated from the site will drain toward State Street into the City's storm drain system.
45 A8. Plans for this portion of the project have not yet been developed. While the design features for
46 the commercial units have not been fully developed, they will architecturally be compatible with
47 the design of the other units.
48 A9. The SRO units will have a kitchen component.
49 A10. Confirmed the stairwell would have to be used to access the units.
50 A11. The units will be market rate.
51 Al2. Found the draft DZC to be helpful in terms of the setback and density requirements.
52
53 Commissioner poble requested clarification whether the Commission or the Planning Director will make
54 a decision about SRO uses for this project?
MINUTES OF THE PLANNING COMMISSION May 23, 2012
Page 4
1 Planning Director Stump: This project includes a SRO use for this mixed use project in which
2 apartments and mixed residential/commercial uses are allowed with a use permit. The Code is silent with
3 regard to SRO units as a use. Since the Code does not define a SRO use, the Planning Director would be
4 required to make a determination of appropriate use for SRO units as allowed by Code.
5
6 PUBLIC HEARING CLOSED: 6:40 p.m.
7
8 Commission consensus:
9 • Supports the mixed-use project and corresponding SRO unit concept.
10 • Likes the conceptual design with the addition of some suggestions as referenced above.
11 • Likes that the applicant is utilizing the draft DZC as a guide for the development.
12 • Is hopeful the project moves forward from a conceptual design to Planning Commission approval.
13
14 10. PLANNING DIRECTOR'S REPORT
15 1. Reported on recently approved Zoning Administrator actions concerning the installation of an
16 internally illuminated letter sign reading `World Gym' to the existing World Gym commercial
17 structure, a cargo container project for Ukiah Player's Theater and exterior changes to an existing
18 historical structure located at 108 W. Standley Street.
19 2. Costco has changed their project description so as a result the administrative draft of the EIR had
20 to be revised.
21 3. An ordinance was introduced to City Council at last week's regular meeting to establish a City
22 Design Review Board.
23 4. As required by law, City staff inet with the Mendocino County Airport Land Use Commission to
24 make a determination whether the draft DZC is consistent with the comprehensive land use plan
25 for the Airport. The document was determined to be consistent with the recommended addition of
26 language in the tables saying that `projects had to be consistent with the Comprehensive Airport
27 Land Use Plan.'An initial environmental study for the DZC is being prepared.
28 5. The green house gas emissions inventory project is moving forward in partnership with the City of
29 Fort Bragg and Mendocino County with a County sponsored grant to hire a consultant.
30 6. Sign code enforcement work is being conducted by Planning staff. Business owners are being
31 contacted regarding violations and given information to educate people about what types of signs
32 are acceptable/allowed.
33
34 Chair Pruden asked why an EIR was necessary for the Plastic Bag Ordinance.
35
36 Planning Director Stump: It was necessary because every jurisdiction that has adopted a plastic bag
37 ordinance in the State of California has been sued and CEQA is the first thrust in such a law suit. There
38 was a case that occurred in Southern California where a Negative Declaration was prepared for the
39 ordinance as opposed to an EIR that was challenged and upheld by the courts. To be protected, the City
40 chose the latter approach.
41
42 There was a brief discussion about the progress being made on renovations to the Palace Hotel.
43
44 11. PLANNING COMMISSIONERS' REPORT
45 Commissioner Sanders provided the Commissioners with a copy of the Master Tree List that was
46 recently adopted by Council as well as some information about the process TAG went through to
47 formulate this valuable document.
48
49 Chair Pruden reported there are four new businesses in the Downtown that are either open or in the
50 process thereof.
51
52 12. ADJOURNMENT
53 There being no further business, the meeting adjourned at 7:47 p.m.
54
55 Cathy Elawadly, Recording Secretary
56
MINUTES OF THE PLANNING COMMISSION May 23, 2012
Page 5
,
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1 ITEM NQ. 9A ,
Community Development and Planning Department
_
��� �_ � 300 Seminary Avenue
G�l� _u lu�i Ukiah, GA 95482
�� planninc,�@cityofukiah.com
(707)463-62Q3
2
: 3 DATE: July 25,2Q12
4
5 TO: Planning Commission "
6
7 FRDM: Kim Jordan, Senior Planner
; 8 �
9 SUBJECT: Public Hearing for Cansideration and Possible Action on a Request for Appraval
Zo of the Orchard Avenue Substation Landscaping Plan
1�. 724 South Orchard Avenue, APN 003-582-37
12 File No.: 09-05-SDP-PC
13
14
15 RECOMMENDATION
16
17 Staff recommends Planning Commission approve the Orchard Avenue Substation (Substation)
18 landscaping plan based on the draft findings included in attachment 1 and subject to the
19 attached cbnditions of approva(included in attachment 2.
�o
21 BAGKGROUND �
22
23 Site development permits are required to include a landscaping plan. When the Substation
24 project was ready for Planning Commission review, the landscaping plan had not yet been
25 prepared. As such, a landscaping plan was not reviewed by Planning Commission and a
26 condition of approval was applied to the Substation project requiring the landscaping plan to be
2� prepared and reviewed and approved by Planning Commission prior to commencement of
28 operation of the substation.
29
3o On December 10, 2009, the Planning Gommissian reviewed the`Substation project and voted ta
31 recommend thatthe City'Council adopt the mitigated negative declaration (MND), and approve
32 the general plan amendment to change the land use designation for the site to Public (P) and
33 rezoning to change the zoning designation to Public Facilities (PF). The Planning Commission
34 also voted to approve the site develapment permit and use permit for the Substation su6ject ta
35 City Council adoption of the MND and approval of the general plan amendment and rezoning.
36
37 As part of'the Site Development Permit, Planning Commission approved a iandscaping
3g modification to allow the project to provide less than 20% of the gross area of the parcel as
39 landscaping. The approval of the modification was based on the' nature of the use, and
40 considerations related ta safety, security, and efficient site planning. Other landscaping
41 requirements were determined not be applicable to the Substation project.
Orchard Avenue Electric Substation Landscaping Plan
724 South Orchard Avenue,APN 003=5$237
File No.:09-05-SDP-PC
2
1 On February 3, 2010, the City Council voted adopt the MND and to apprave the GPA and
2 rezoning. The mitigated negative declaration adopted by the City Councii includes the following
3 mitigation measure for Aesthetics which was added by Planning Commission:
4
5 ■ Mitigation Measure 1: A landscaping plan shall be prepared for the project. The
6 landscaping plan shall includa �treet trees along Orchard Avenua and is subject to
7 `Planning Commission review and approval as part of the Site Development Permit.and
� Use Permit required for the project.
9
so The conditions of appraval for the Substation'include the folJowing related to landscaping:
11
12 Condition of Approval#3: Landscaping and irrigation plan for the praject shall return to
13 Planning Commission for review and approval prior to installation:The irrigation plan
14 shall include irrigation for the street trees required for the projecf. The landscaping plan
15 shall include the following:
16
1� ■ Native species shall be considered#irst. If native species are not feasible,;alternative
1s species that grow well in Ukiah's climate maybe used:
19 ■ Landscaping plan, including street trees, shall be designed to be a -
20 "demonstrationlmodel" landscape to provide examples of appropriate species and
21 good landscape design to the public and developers.
22 ■ Hydrozones used wherever feasible to provide a variety of plant species and to
23 group species with similar water needs.
24 ■ Tree species that meet the security constraints of the project and site.
25 ■ Plans consistent with the State's Model Efficiency Landscape Ordinance. `
26 ■ Re-use of onsite trees as mulch where feasible.
27 • Screening of the facility to the greatest degree feasible given security and safety `
28 constraints associated with the Substation, including the planting of onsite trees and
29 vines to screen the walL
30
31 Condition of Approval #4: Prior to the Substation facility beginning operations, the
32 landscaping and irrigation`plan approved by the Planning Cammissian as required in
33 condition #3 shall be installed and inspected'by Planning Department staff.
34
35 The following condition of approval was added by Planning Commission as part of the Site
36 Development`Permit.
37
38 Condition of Approval #12: The landscaping plan required in conditian #3 above shall
39 also include the following and is;subject to Planning Commission'review and approval:
40
41 ■ A minimum of ten (10) street trees located along the project frontage on Orchard
42 Avenue and e�c�tending north along Orchard Avenue to East Gobbi,Street and west
43 along East Gobbi Street.
�4 • Vines to'screen the wall from Orchard Avenue. lf feasible, use wild grape as a
45 climbing vine.
46 ■ Consider the following species as part of the landscaping plan: Manzanita,
47 ceanothus, wild rose.
Orchard Avenue ElectricSubstation�andscaping Plan
724 South Orchard Avenue,APN 003-582-37
File No.:09-05-SDP-PC
2
1 ■ Consider the use of colony trees to help provide screening.
2
3 A request for proposais was made to solicit proposals for the preparatian of the landscaping and
4 irrigation pians required for the Substatian as part af the SDP. As part of the RFP, the approved
s Substation plans and mitigation measures and conditions of approval related to landscaping
6 were provided. GSM Landscape Architects, Inc; (GSM) from Napa, CA was awarded the
7 contract to prepare the landscaping and irrigation plan.
8
9 PROJECT DESCRIPTION
10
�.1 GSM has prepared the landscaping plan required for the substation (see attachments 4 and 5).
12 GSM fias also provided a brief respanse to conditions of approval #3 and #12 above and will
13 provide more information as part of the their presentation at the July 25`" meeting (see
�.4 attachment 3). The substation site is constrained by the number and location of driveways, as
15 well as the iocation of electrical and other utilities at the front of the site. Street trees are
16 constrained by overhead wires and underground utilities. Another consideration for street tree
�7 placement along East Gobbi Street and Clrchard Avenue is the future sale and development of
18 the lot on the corner that is owned by the City. This lot is zoned Community Commercial and
19 will be available for sale and development. Street trees alang the frontage of this parcel need to ;
2o be placed in a manner that allows for access ta the site from East Gobbi Street and Orchard
21 Avenue. Ideally, the driveway access to the site from East Gobi would be located as far west as
22 possible and the driveway on Orchard Avenue would be located as far south as possible.
23 Placing driveways are far as possible from the intersection would provide the best access
24 to/from the site and reduce possible conflicts with the operation of the intersection. Smaller
25 trees at the corner help ta define the corner while allowing;for a future building to be oriented to,
26 the corner without obscuring signage. It is unknown when the site will be developed; therefore, '
2� to prevent the need to remove the street trees, these items are being taken into consideration
28 as part of the design of the landscaping`plan.
29
30 GSM will prepare an irrigation plan for the landscaping after a landscaping plan has been
3�. approved by Planning Cammission. This has been included as a candition of approval for the
32 landscaping plan (see attachment 2}.
33
34 SETTING
35
36 The praject �ite is located on the west side of Orchard Avenue south of East Gobbi Street. A
37 vacant lot is located on the southwest corner of Orchard Avenue and:East Gobbi'Street This
38 lot is zaned Community Commercial and owned by the City of Ukiah. An office building and
39 multifamily residential (Autumn Leaves} uses are located to the west of the Substation. To the
4o north of the project site on Orchard Avenue are a vacant single-family residence on property
41 zoned Neighborhood Commercial (CN), single-family residences, some of which have been
42 converted to office and other light commercial uses, a restaurant and motel. To the north of the
43 project site on East Gobbi Street are a mabile home park, office and commercial uses. To the
4� south of the project site are single-family homes and a church. To the east of:the project site is
45 the existing electrical substation and single-family residences. '
46
47
drehard Avenue Electric Substation LandscapingPlan '
724 South Orchard Avenue,APN 003-582-37
File No.;09-05-5DP-PC
�
�
j '
k 1 STAFF ANALYSIS
, 2
�t 3� L.andscaping Plan �� ��
, 4 '
5 As required by the conditions of approval, the landscaping plan demonstrates several different
6 landscaping themes as identified below:
�
;° s ■ Te�ural Contrast Garden
9 • Native Dry Landscape Garden -
10 ■ Native Transitional Garden
11 ■ Native for Hummingbirds and Butterflies
12 ■ Meadow Featuring Ornamental Grasses
13 ■ Drought Tolerant�rnamentals
14
15 The intention is ta provide attractive and interesting landscaping as part of the Substation that is
16 alsa educational as to the different types of palettes that are low water usage and appropriate
1� for the area's climate.
18
19 Tree Species. At the time the Substation RFP was available, the Master Tree �ists
20 subsequently adopted by City Council in April 2012 were being developed by the Tree Advisory
21 Group. The existing Master Street Tree List was outdated and,therefore, not provided to GSM:
22 Instead the draft tree lists from the draft Downtawn Zoning Code (DZC) were provided since
23 these lists had been well vetted as part af Planning Commission''and City Council workshops.
24
25 Since the Master Tree Lists adopted`by City Council earlier this year were not in place when the
26 RFP was available and the project is not subject to the draft Downtown Zaning Code (not in the
27 boundaries 'and not yet adopted), the project is not required to use trees from these lists:
28 However, all of the tree species included in the landscaping plan are included on one or more of
29 the Master Trees Lists adopted by City Council or included in the draft Downtown Zoning Code
3o Required or Alternate Tree Lists as summarized below:
31
32 ■ Celtis Occidentalis (American Hackberry): Master Street Tree �ist
33
34 ■ Cercis Ganadensis `Oklahoma' (Redbud): Master Street Tree List, Master Residential
35 Tree �ist, DZC Street Tree List—Secondary Streets
36
37 ■ L.aurus nobilis (Grecian Laurel): Master Street Tree List, Master Parks Tree List, DZC
38 —Alternate'Street Tree for Primary Street and Secandary Street Tree
39
40 ■ Olea europaea `Swan Hill' {Fruitless Olive): Master Parking �at Tree List, DZC Street
41 Tree—Alternate for Primary Street, Secondary Street Tree Lists
42
�
43 ■ Quercus wislizenii (Interior Live Oak): Master Parks Tree List, Master Residential
44 Tree List, and DZC Parking Lot Tree List
45
46 In the event that the averhead lines located along East Gobbi Street are not undergrounded or
4� relocated to the north side East Gobbi Street, X Ghitalpa tashkentensis (Morning Gloud
Orchard Avenue Electric Substation Landscaping Plan
724 South Orchard Avenue,APN 003-582-37
File No.:09-05=SDP-PC
4
1 Chitalpa) has been identified as a substitute for the American Hackberry. This species is
2 included on the Master Residential Tree List.
3
4 General Plan
5
6 The following General Plan goals and policies apply to the Substation landscaping plan:
7
s ■ Goal CD-7: lmprove the appearance af area gateways.
9 Gobbi Sfreet is a secand%vel gateway into the Gify of Ukiah.
10
11 ■ Goal OC-25: Maintain and enhance the City's canopy of shade trees.
12
13 ■ -Goal OC-29: Maintain and enhance the "urban forests"which create a sense of urban
14 space.
15
16 ■ Policv OC 29-1: The development review process shall incorporate measures to
17 maintain and enhance the urban tree canopy.
18
19 The landscaping plan includes street trees along East Gobbi Street and Orchard Avenue. Due -
2o to the width of the :existing sidewalk, the street trees are proposed to be planted behind the
21 sidewalk. The planting of these street trees will improve the appearance of the East Gobbi
22 Street gateway, increase and enhance the urban forest, and provide shade which is consistent
23 with the general plan policies identified above.
24
25 Zaning Ordinance
26
27 The subject parcel is zoned Public Facilities (PF). The applicable PF landscaping requirements'
28 are identified below along with staff's analysis (in italics)
29
30 ■ Plantings shall be those that grow well in Ukiah's climate without excassive irrigation.
31 Native species are strongly encouraged.
32
33 Most of the species are noted as "low"or "very low"for water usage. Three speeies are
34 identified as "moderate.° The landscaping plan includes ane interior live oak, manzanita,
35 and ceanothos which are native.
36
37 ■ tandscape plantings shall be of sufficient size, health and intensity so that a viable and
38 mature appearance can be attained in a reasonably short amount of time.
39 !
4o Trees are#�f5 or larger in#he case of the two fruitless alives at the corner of East Gobbi
41 �treet and C3rchard Avenue. Shrubs are one or five gallon. These sizes are consistent
42 -with this requirement
43
44 • Street trees may be placed on the property proposed for development instead of within
45 the public right-of-way if the location is approved by the City Engineer, based on safety
46 and maintenance factors.
47
Orchard Avenue Electric Substation Landscaping Plan
724 South Orchard Avenue,APN D03-582-33
File No::09-05-SDP-PC
5
1 Street trees are located behind the sidewalk. This location has been reviewed and
2 approved by Public Warks.
3
4 Based on the above, the landscaping plan is cansistent with the applicable landscaping
5 requirements of tha Public Facilities zoning district.
6
7 Site Development Permit
8
9 The findings required for approval of the Site Development Permit required for the Substation
10 were adopted by Planning Commissian in December 2009. The only finding that applies to the
11 proposed landscaping plan is the following: `
12 -
13 • 5ufficient landscaped areas have been reserved for purposes of separafing or screening
14 the proposed structure(s) from the street and adjoining buitding sites, and breaking'up
15 and screening large expanses of paved areas.
16
17 The landscaping plan includes shrubs and trees<that will help to screen the facility from
1s neighboring properties. The street trees on Orchard Avenue and East Gobbi Street will also
19 provide screening. `Due to security and rnaintenance concerns`the landscaping plan does not
2o include vines to screen the walL The landscaping plan includes landscaping between the
21 driveways and between the front property line and the wall that encloses the Substation facility.
22 The landscaping plan includes a wide variety of landscape palettes that create an attractive and
23 interesting landscape. Given the physical site constraints identified above and the security and
24 safety concerns associated with the facility, and the interest and variety of plants included in the
25 plan, the landscaping plan is consistent with the above finding.
26
27 ENVIRONMENTAL REVIEW
28 "
29 City Council adopted a mitigated negative declaration fior the Substation in February 2010;
30 therefore, no further environmental review'is required.
31
32 PUBLIC NOTICE
33
34 The landscaping plan was a condition of approval for the Project; therefore, no public notice was
35 required. Since the landsc�ping plan may be of interest to neighboring property owners or
36 parsons that live ar work near the substation, a caurtesy natice was provided in the following
37 manner:
38
39 ■ posted in three places on the project site on July 12, 2012; and
40 ■ mailed to property owners within 300 fieet of the project site on November 12, 2012. �
41
42 As of the writing of this staff report, na correspondence has been received in response to the
43 notice.
44
45
46
47
Orchard Avenue Electric Substation Landscaping Plan
724 South Orchard Avenue,APN 003-582-37
File No.:09-05-SDP-PG
6
;
1
2 ATTACHMENTS
; 3
4 1. Draft Findings
5 2. Draft Conditions of Approval
6 3. GSM Narrative far Conditions of Approval
7 4. Plant Photo Palette date stamped July 16, 2012
8 5. Landscaping Plan with Utility Plan date stamped July 16, 2012
9
10
11
12
13
14
Orchard Avenue Electric Substation Landscaping Plan
724 South Orchard Avenue,APN 003-582-37
File No.:09-05-SDP-PC
7
ATTACHMENT 1
1 Draft Findings
2 Qrchard Avenue Substationtandscaping Plan
3 724 South Orchard Avenue
4 File No.c 09-05-SDP-PC
5
6 1. The Landscaping Plan is consistent with the applicable gaais, policies, and
7 objectives of the General Plan as described in the staff report.
s
9 2. The l.andscaping Plan is consistent with the applicable Public Facilities zoning
10 distriet landscaping requirements as described in the staff report. !
11
12 3. The Landscaping Plan is consistent with the Site Development Permit finding for
13 landscaping based an the following:
14
15 ■ The landscaping plan includes shrubs and trees that will help to screen the
16 facility from neighboring properties,
17 ■ Street trees on Orchard Avenue and East Gobbi Street provide screening
18 from the East Gobbi Street gateway;
19 ■ Landscaping'is planted between the driveways and between the front
20 pr�perty line and the wall that encloses the substation facility;
21 ■ The landscaping plan includes a wide variety of landscape palettes that
22 create an attractive and interesting landscape.
23
24 4. A mitigated negative declaration for the Substation Project was adopted by City
25 Council in Fe6ruary 2010; therefore, no further environmental review is required.
26
27 5. The landscaping plan was a condition of approval for the Project; therefore, no
28 public notice was required. Since the landscaping plan may be of interest to
29 neighboring property owners or persons that live or work near the substation, a
30 courtesy notice was provided in the follawing manner:
31
32 ■ pasted in three places on the project site on July 12, 2012; and
33 ■ mailed to property owners within 3Q0 feet of the project site on November 12,
34 2009.
35
36
. ATTACHMENT 2
1 Draft Conditions of Approval
2 Orchard Avenue Substation Landscaping Plan
3 724 South Orchard Avenue
4 File No.c 09-05-SDP-PC
5
6 1. Approval is granted far the landscaping plan and plant species and materials as
7 shawn on the landscaping plan and plant and materials photo exhibits submitted
8 to the Planning Department and date stamped July 16,2012, except as modified
9 by the fallowing conditions of appraval.
10 �
11 2. Prior ta installation of the landscaping plan approved by Planning Commission,
12 GSM shall prepare an irrigation plan for staff review�nd approvaL
13
14 3. Prior to installation of the landscaping plan approved by Planning Commission,
15 the irrigation plan appeoved by staff shall be installed.
16
17 4. All required landscaping shall be properly maintained as outlined in the
18 maintenance plan to be developed for the landscaping plan approved by
19 Planning Commission. The maintenance plan developed for the approved
20 landscaping shall address, but shall not be limited to, the following:
21
22 A. Appropriate watering.
23
24 B. Use of fertilizer.
25 .
26 C. Use of weed killersJherbicides/pesticides. ,
27
28 D. Tree ties and stakes.
29
3o E. Proper pruning.
31
32 5. Any tree that dies or is unhealthy due to pests, disease or other factors, including
33 vandalism, shalt be replaced with the same or similar tree species, or an
34 alternative species approved by the Planning and Community Development
35 Department.
36
37 6. All canditions of approval and mitigation measures for the Orchard Avenue
38 Substation remain in full force and effect.
39
40
Draft Conditions of Approval '
Orchard Avenue Substation Landscaping Plan '
724 Orchard Avenue
File Na.:09-05-SDP-PC
k
5
7
ATTACHMENT 3
GSM Landscape Architects,Inc.
Response to Conditians of Approval
Additional Informatian Available at the Planning Commission Meeting
Condition of Approval #3:Landscaping and irrigation plan for the project shall return to
Planning Commission for review and approval prior to installation. The irrigation plan
shall include irrigation for the street trees required for the project. The landscaping plan
shall include the;fallowing:
A. Native species shall be cansidered first. If native species are not#easible, alternative
species that growwell in Ukiah's climate may be used.
Native species as we/I as commercially available species thaf grow well in Ukiah's
climate ha�e been included in the landscape plan.
B. Landscaping plan, including street trees, shall be designed to be a
"demonstration/model" landscape to;provide examples of;appropriate species and
good landscape design to the public and developers.
The landscaping plan lists trees, shrubs, grasses and perennials in thematic palettes
that have been created based on plant types, water use, and aesthetics to pravide
multip/e examples of good landscape design for public use.
G. Hydrazones used wherever feasible ta provide a variety of plant species and to
group species with similar water needs.
Plant species with similar water requirements have been organized in hydrozanes to
promote good plant health and water conservation.
D. Tree species that meet the security constraints of the project and site.
Tree species have been selected and p/aced to meet the security canstraints of the
project and the site.
E. Plans consistent with the State's Model Efficiency �andscape Ordinance.
P/ans are consistent with the State's Mode/Efficiency Landscape Ordinance.
F. Re-use of onsite trees as mulch where feasible.
No existing trees wil/be removed. '
G. Screening af the facility to the greatest degree feasible given security and safety
constraints associated with the substation, including the planting of onsite trees and
vines to screen the wall.
Use of predominant/y evergreen trees and layering of screening shrubs will be
utilized to screen the wall.
Condition af Approval #12: The landscaping plan required in condition #3 above
shall also ir�clude the following and is subject to Planning Commission review and
approval:
A. A minimum af ten (10) street trees'located along the project frontage on Qrchard
Avenue''and e�ending north along Orchard Avenue to East Gobbi Street and
west along East Gabbi Street.
Ten (10) street trees are proposed north`of the substation alang Orchard Avenue
and along East Gobbi Street. Additionai/y, seven(7) trees are proposed for the
demonstration landscape easf of the substation a/ong Orchard Avenue.
B. Vines to screen the wall from �rchard Avenue. If feasible, use wild grape as a
climbing vine.
Vines are not recommended due to the ongoing maintenance required to train
and prune the vines,and the security issues related to providing a climbing
surface on the walL
C. Gonsider the#ollowing species as part of`the landscaping plan: Manzanita,
ceanothus,wild rose.
Manzanita, Ceanothus antl many other appropriate native plants are proposed
for use in the demonsfration landscape. -
D. Consider the use af colany trees to help provide screening.
The trees and shrubs proposed for screening the substation have been se/ected
from the Master Tree List for screening, accent, low impact to existing utilities,
site security, and aesthetics.
�"�;'t��„��`"sak���'4'�� �z``.
City of Ukiah '�I
Orchard Substation +�"''
Demonstration �andsca e �
� - •
Plant and Materials Photographs
July 16, 2012
Trees
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1785 Third Street • Napa CA 94559 • Phone 707 255 4b30 • Fax 707 255 7480 • www.gsmlainc.eom
Materials
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1785 Third Street • Napa CA 94559 • Phone 707 255 4630 • fax707 255 7480 • www.gsmlainc.com
1 1TEM N0. 9B
2
Community Development and Planning Department
G�t� , ,7�ZZ �tl�i 300 Seminary Avenue
� � '�' Ukiah, CA 95482
,.��-� � ��.��
_r � „ planninq(a�,tvafukiah.cam
{707)463-6203
3
4 DATE: July 25, 2012 -
5 __ _ _
6 TO: Planning Commission
7
8 FROM: Jennifer Faso, Associate Planner
9
10 SUBJECT: Request for an Approval of a Major Use Permit to allaw live entertainment,
�.1 outside dinning and special events at 131 East Mill Street, APN 002-3a2-57
12 File No. 12-11-UP-PC ,
13
14
15 RECOMMENDATION
16
�7 Staff recammends that the Planning Commission approve the proposed project based an the
18 draft findings included in attachment 1 and subject to the draft conditions of approval included in
19 attachment 2,
20
21 PROJECT DESCRIPTION .
22
23 Rn application has been received from'Rolly Tibbetts and KimMarie Richardson owners of The
24 Office far approval of a Major Use Permit to allow live entertainment, outside dinning, and
25 specia(events at 131 East Mill Street, APN 002-302-57 (see attachment 3, Project Description).
26 As part of the application materials, the applicant has provided a Management Plan {see
27 attachment 4}.
28
29 The business would have the following characteristics:
30
31 Live Entertainment is proposed as follows:
32 • Live entertainment in the form of a live band andlor disc jackey. Live entertainment may
33 be amplified or non-amplified.
34 • Live entertainment would be on Friday or Saturday and would occur no more than two
35 times per manth.
36 • Within The Office, the hours for live entertainmentwould be 8:00 p.m.#0 11.30 p.m:
3� • Outside The Office, live entertainment would accur on the lawn area. The hours for '
38 outdoor amplified live entertainment would be 4:00 p.m. to 8:00 p.m. ' -
39
40
41
The Office
Live Entertainment,0utdoor Dining,and Special Event Use Permit
131 East Mill Street,APN 002-3Q2-57
File No.12-11-UP-PC
1
1 Outside Dining is propased as follows:
z • Outside dining would occur within the existing gazebos and on the outdoor deck. Hours
3 for outdoor dining would be Monday through Friday 11:00 a.m. to 10:00 p.rn: and
4 Saturday and Sunday 4:00 p.m. ta 10`00 p.m:
5
6 Special Ev�nts are proposed as follows:
7 • Special events such as bridal or baby showers, birthday parties, class reunions, and
8 weddings and receptians inside The Office or outside an the deck and lawn area.
9 • Special events would accammodate a maximum of 75 people.
10 • Special events may include temporary tables for;;up to 26 people on the ,lawn area
11 • Special events that do not include live entertainment are allowed Manday through Friday
12 11:QO a.m. to 10:Op p.m. and Saturday and Sunday 4:00 p.m. to 10:00 p.m.
13 • Special events that include iive entertainment are subject`to the`conditions above related
14 to live entertainment:
15
16 SETTING
17
18 The project site is located on a develaped lot on the southwest corner of East Mill Street and :
19 South Main Street and contains a two story commercial building (see attachment 5}. The Office
20 Bar is located upst�irs and Simona's Italian Restaurant is lacated dawnstairs. !There is an
2�. outside lawn area that has four gazebos with seating for 24 people. These gazebos have
22 historically been used for outside dinning by Simona's as well as;by the'Mexican restaurant with
23 bar that operated on the site prior to Simona's and The Office. The parcel alsa has and a
24 parking lot and assaciated landscaping. The property is zoned Community Commercial (C-1) `
25 and is surrounded by the following uses.
26
27 • North` Vacant lot zoned Community Cammercial ( C-1)
28 • Sauth: Umpqua Bank zoned Community Gammercial (C-1)
29 � West: Professional Office building zoned Community Commercial (C-1)
30 • East: Main Street Townhornes zaned Medium Density Residential ( R-2)
31
32 BACKGRf3UND
33
34 As noted above the subject parcel contains a single structure which houses two separate`
35 businesses, The C)ffice Bar and Simona's Italian Restaurant. Both businesses have been at this
36 location since Apri( 2009 and prior to that a Mexican restaurant and bar operated af this
37 location. The outside gazebos were previously used� by the 'Mexican restaurant and bar for
38 outside dinning. Currently, the outside gazebos are used by Simona's for outdoor dining.
39
40 The Office Bar is operating without a use permit as a continuation of use from the bar that was
41 associated with the previous Mexican Restaurant and Bar. Currently there is a Type 47( On
42 Sale General Eating Place) Alcoholic Beverage Control (ABC) license issued for this site.=This
43 license allows alcohol sales until 11:00. -
44
45 Recently the Police Department received a complaint regarding loud music caming from The
46 OfFice. The business owners were contacfied and upon investigation it was determined that no
47 use permit has been approved by the City allowing live entertainment at this location.
The Office '
Live Entertainment,Outdoor Dining,and Specia)Event Use Permit
131 East Mil)Street,APN 002-302-57
File No.12-11-UP-PC
2
;
�
1 Therefore, the applicants have submitted an application requesting approval of a use permit to
' 2 allow the live entertainment, special events,'and expanded outdoor dining.
3
; 4 STAFF ANAL.YSIS '
5
t 6 General Plan. The land use designatian of the subject praperty is Commercial (G). This land
;: 7 use designation identifies areas where commerce and business may occura The existing
; 8 cammercial use is consistent with the General Plan designation of#he subject property, The
` 9 propased live entertainment, special events, and outdoor dining are accessory uses consistent
10 with the existing commercial use of the parcel. The actual uses allowed are determined by#he
: 1�. - zoning of the parcel (such as Neighborhood Commercial, Communify Commercial, or Heavy
12 Commercial).
13
�4 Zoning and Site Analysis. The zoning of#he site is Community Commercial (C-1). In the C-1
�� zoning district live entertainment and outside dinning are permitted uses {allowed with a use
�� permit) per sectian 9082. Table 2 below includes the applicable requirements of the zoning
�� ordinance with staff analysis.
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21 Zoning Ordinance Requirement Staff Analysis
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23 The zoning ordinance includes The praject site isdeveloped and no modifications tothe exterior of
development`standards for setbacks, the building, building footprint or site canfiguration are proposed as
building height,site area and yard setbacks. part of this application.
ZQ Sections 9083,9084,9085
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Accessory Uses Accessory Uses
Uses'accessoryta any the allowed uses in The"special events"described in the Project Description are
the G-1 district. consistent with private parties that are common as part of
Z.O.Seetion 9082 restaurants and bars with dining. Therefore,the special events
described are considered an accessory use and do not require a use
permit:
The applicant is requesting that the special events be allowed#o
include live entertainment andjor additional outdoor seating for up '
to 26 people. The additional outdoor seating is an expansion of the >
existing outdoor dining;therefore,a use permit is required. The live
entertainment also requires a use permit.
Qutside Sales; Outside DiningjOutside Sales
Outside sales are allowed with approval of Outside diningwithin the gazebos and the outdoor decks is an
a Use Permit per ZO Section 9082 and shall established use on the site therefore no use permit'is requiredr
comply with the following criteria:
The applicant'is requesting approval of seating ta accammodate
1. Parking shall be designated far a outside dining for 26 additional people as part of a"special
minimum of three automobiles, event"/private party.
located aff of the public right of
way.The use.permit mayrequire The proposed outside sales(outside dinning)would be ancillary ta
additional parking,depending on the existing business and is consistent with the criteria for outside
the nature of safes prapased. sales based on the following:
The Office
Live Entertainment,OutdoorDining,and Special Event Use Permit
131 East Mill Street,APN 002-302-57
File Na.12-11-UP-PC
3
Table 2:Zoning Ordinance and Site Analysis
2. A maximum of 25%of the largest
side of the vehicle or structure 1. There are 11 onsite existing parking spaces.ln addition,the
used in the sales operations. In applicant has an agreement with an adjacent property
addition one sandwich board or A- owner/Umpqua Bank to provide 40 parkingspaces after
frame'sign pursuant to sign ` business hours far the bank. This number of parking
ordinance. spaces'is adequate based on the maximum number of
3.` The need for sanitary sewer,water ' persons allowed for a private party/"special event°as
and electrical services shail be described in the Project Description.
determined through the use ' 2. No new signs are proposed. The existing signage has been '
" permit process,and all hookup permitted and`would not change.
shall comply with the code. 3. The site has existing sanitarysewer,water and electrical -
4. Business license must be services and no changes are proposed or required asa
prominently displayed at all times, result of the live entertainment,special events,or outside '
and the operatar shall have proof dining proposed as part of this application.
of board of equalization sales 4. The existing business has a current business license. '
permit.
Per Z0 9278 is defined as any business or
portion of a business operated ta sell, '
display,barter or exchange any;goods,
foods,produce or merchandise outside of a
structure on private property,excluding
plant nurseries.
Live Entertainment I.ive Entertainment
Allowed with approval of a Use Permit The applieant is requesting approval to have live entertainment in
ZO Section 9082 The Office and outside on the"lawn area as described in the Projeet '
Description and`has applied for the required Use Permit.
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Section 9198 of the ZO regulates the Vehicle Parking.Twa separate businesses operate on the site,The
minimum number of parking spaces OfFice Bar and Simona's lfialian Restaurant. Based on the project
required for restaurant and bar is one ; description The Office Bar has 40 seats located within the Office
parking space far every three(3)seats,with which requires 13 parking spaces. Simona's has 52 seats,including
a minimum of four(4)spaces. the banquet room.Based on 52 parking spaces,17 parking spaces
are required. The gazebos seat 24 peaple requi�ing,8 parking
spaces. The total number of seats on site is 116,which requires 38 '
parkingspaces are required.'
Section 9Q82 requires outside sales
establishments to have a minimum of three The site plan shows 11 parking spaces on site.fihe business owner
(3)parking spaces located off the public has a parking agreement with the adjacent property,Umpqua Bank
right of way. to use their parking lot after business hours for overflow parking.
There are 40 spaces available to The Office patrons on the Umpqua
parcel. With the eleven ansite parking spaces and the additiona140
parking spaces located onthe adjacent iot,the total number of '
parking spaces available is 51.
The Office '
Live Entertainment,Outdoordining,and Special Event Use Permit
131 East MiII Street,APN 002-302-57
File No:12-11-UP-PC '
t'+
Table 2: Zoning Oeclinance and Site Analysis ;
Draft Condition of approval no.S has been added,requiring the
'applicant to post a sign within The Office parking lot to notify
patrons that additional parking is available in the Umpqua Bank
parking lot.
In the past no complaints regarding parking have been received by
City Staff.
Staff is requesting that Pianning Commission determine if the
parking-provided is adequate.
Section 9086 E requires that bicycle parking Bike Parking.Given that there are 38 parking spaces required the
shail be provided in all commercial projects. Zoning Ordinance requires four bicycle parking spaces to be
The number of bicycle parking spaces shall installed in a safe location.Staff has included draft condition of
be not less than ten percent( 10%)of fhe approval 15.
number of required of
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Section 9087 of the ZO requires all The site is currently landscaped and no new landscaping is proposed
projects that require discretionary review and no landscaping would be removed as part of this application
within the C-1 zone ta include a landscape -
plan. Based on the scope af the project and the fact that there are no
additional opportunities for landscaping an the site,installation of
new landscaping is notxequired.
1
2 Ukiah Airport Master Plan.The project site is located in the B2 (E�ended Approach/Departure
3 Zone} airport compatibility zone. The Ukiah Airpart Master Plan includes Table 7A: Current
4 Compatibility Criteria which provides the compatibility criteria for prajects. The following'table
5 includes the B2 compatibility criteria from Table 7A that apply to the proposed project and staff's
6 analysis.
7
8
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.�� � �{i0IC1'��1�1�1� „��,I��i�ia�,����,���:���. �� ��.�_� ;�.u��*�.�'�.����!����� .�.r.�..._������:?��;�°������r"��'"��^�'�?�
,��. . �. . . x,,
Low intensity retail and'office uses are The projectsite currently contains a'commercial structure that has been
normally acceptable uses in the B2 in operation for many years'as a bar and restaurant.The proposed uses
compatibility zane. would'be ancillary to'the existing use and would occur occasionally(no
more than twice a month}.
Per the 62 Infill Policy(policy 2.1.6)low intensity restaurants,retail and '
offices are acceptable uses in the B2 infill zone. '
Maximum density 90 people per acre Based on a.80 acre parcel, the maximum density cannot exceed 72
for non-residential uses in the 62. people(.80 acre site X 90 people/acre).
Based on the project-description the anticipated number of people an
site on a regular basis'at one time'S0 people,this leaves 22 people
allowed to occupy the restaurant.The peak hours#ar The Office and
The Office
live Entertainment,Outdoor Dining,and Special Event Use Permit
131 East Mill Street,APN 002302-57
File No.12-11-UP-PG '
5
�
�
�
�
;
Table 3 Summa of B2 Compatibilit Criteria
B2 Compatibilit Criteria Staff Anal sis
` Simana's are different and therefore it is unusual that both business are
at full capacity at the same time.
Minimum 30%"Open �and"is The open land requirement is intended to apply to the whole 62 zone.
required. The footprint of the building and the site configuration will not change as
a result of<this application,therefore the open iand available inthe B2
This is applied to the entire area with zone will not change.
a 62 designation not just the project
: site.
1
2 Use Permit. In order to approve a Use Permit, the findings included in Zoning Ordinance
3 section 9262(E) are required to be made. The required findings and staffs analysis are included
4 in the table below: ;
5
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�����������'�������,��.�;�,���� ��T�l�te�4�se��'ermt#�Ana1 s�s$_TM��;�k����H.„����,,_��.����v=��t.����
�4.. .. _ _ , .� _.
Use Permif Findings Staff Anal sis
The proposed/and use is consistent The proposed project is consistent with the General Plan as described
with the provisions of this Title as well under 6eneral Plan above.
as the goals and palicies of the City
General Plan. The project is consistent with the Zoning Ordnance as described in Table
2 above.
The proposed/and use is compatible Haurs of operation. The application requested that the hours of
with surraunding/and uses and shall operation for the outsideTive entertainment be 4:00 to 8:00.The
nat be detrimental to the public's praperties across Main Street are zoned R2 therefore staff has added
health,safety and genera/welfare. dYaft condition of approval 2D that reduces the hours for outside live
entertainment to be consistent with the noise ordinance that limits noise
at 7:00 p.m.
Parking. The site contains 11 onsite parkingspaces.Although not
counted taward the parking requirements,there is also on street parking
available. The applicants have an agreement with Umpqua Bank to
provide 40 overflow;parking spaces for patrons of The Office after
business hours. A draft condition af approval has been added to ensure
that overflow parking for The O�ce;continues to be provided.
Noise. Live entertainment would only be allowed twice per month and
within specific haurs. The limited number of days and hours would
ensure that the neighborhood would not be adversely impacted.Live
entertainment andJor other music is often part of the operation of a bar
and the number of days per month and hours requested bythe applicant
is significantly smaller than the operating hours of The Office, Draft
canditions of approval 2&6 have been added to address the hours
The Office
Live Entertainment,OutdoorDining,and Specia)Event Use Permit
131 East MillStreet,APN 002-302-57
File No.12-11-UP-PC -
6
�
i
allowed for live entertainment and to address,concerns related to public
camment.
; A Management Plan has been prepared by#he applicant(see attachment
' � � � � � � 4}that includes procedures��to ensure that�the noise level will be � � �� ��
monitored and would not result in adverse impacts on the surrounding
;,. neighborhood.
'• Public comments related to noise and parking were received(see
;
attachment 6). Draft conditions of appraval 2,3,6,&10 have been added
to address this public comment.
The parcels located'on the east side'of Main Street are zoned Medium
Density Residential(R2). 7he Noise Ordinance has iower noise standards
for the R2 district than the C1 district. In order to avoid a conflict with
the noise regulations for the R2 zoning district,a condition of approval
has been included that does not allaw amplified music after 7:00 p.m.
and requires`exterior doors to be closed when live entertainment is being
performed in The Office.
The praject will not be detrimental to the publie's health,safety and
general welfare based on the following:
• Through the use perrnit,the operational characteristics are
regulated and conditions of approval have been added to reduce
any adverse impacts as discussed above. Therefore,the project
would not be detrimental to the surrounding uses.
• The Project,including the project description, Management Plan,
and public comment received,was reviewed by the Police
Department. The Police Department did not provide any
conditions of approval for the Project, In addition,conditions 2
to 11 applied to the Project in order to address any adverse
impacts of the Project and the concerns expressed by neighbors,
were discussed with the Police Department and were
acceptable.
• 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.
• The project is consistent with the Airport Master Plan 62
compatibility zone requir�ments as noted in Table3.
1
2
3
4
5
The Office
live Entertainment,Outdoor Dining,and Special Event Use Permit
131 East Mil)Street,APN 002-302-57
File No.12-11-UP-PC
7
i
�
1 ENVIRONMENTAL REVIEW
2
3 The proposed project is exempt from the provisions of the California Environmental Quality Act
4 (GEQA) pursuant to Section 15303 Class 3, conversion af small structures and Section 15301
5 Class 1,Existing'Facilities based on the following:' .
6
7 • The proposed project will be ancillary ta an existing business and does nat involve '
` 8 hazardous materials
9 • The location is not environmentally sensitive and does not include any drainage courses
ZO or bodies of water(such as creeks or streams).
11 • The site is.developed with an existing building and parking lot, utilities and services
12 already are available at the site and no expansian of the existing building footprint is
13 proposed as part of the project.
14
15 PUBLIC NOTIGE
16
17 A notice af public hearing was provided in the fallowing manner:
: 18
19 • posted in three places on the project site on July �3, 2012;
20 • mailed to property owners within 300 feet of the project'site (includes all owners of Main
21 Street Townhames) on July 13, 2012;
22 • published in the Ukiah Daily Journal on July 15, 2012;
23
24 As of the writing` of this staff report, staff has` received written correspandence from four
25 neighbors in response 'to the' public notice (see attachment 6). Concerns were expressed
26 regarding naise and parking. Staff has included draft conditions of approval numbers 2 through
27 9 ta address the concerns identified in the public comment received, any potential impacts that
28 could result`from this project, and to ensure that'the proposed uses would be compatible with
29 the neighborhood:'
30
31
32 DECISIQN TIMELINE
33
34 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The
35 PSA requires that a decision be made on the projeet within 60 days of the application being
36 deemed complete. This application was submitted to the Community Development and
37 Planning Department on May 31, 2012 and was deerned complete on July 12, 2012. Rs such, a
38 decision must be made on the project no later than September 11, 2012. The applicant may
39 request a onetime extension of the decision timeline. The ne�ct regularly scheduled Planning
40 Commissian meeting is August 8, 2012.
41
42
43
44 ATfACHMENTS
45
46 1. Draft Use Permit Findings
47 2. Draft Use Permit Conditions of Approval
The OfFice
l.ive Entertainment,0utdoar Dining,and Special Event Use Permit
131 East Mill Street;APN 002-302-57
File No.12-11-UP-PC '
�
1 3. Project Description submitted by applicant date stamped May 31, 2012 and July 12,
2 2012.
3 4. Management Plan date stamped July 12, 2012
4 5. Lacation Map
5 6. Public Notice Correspondence
6 7. Map shawing location of public comments
7 8. Map showing lacation of parking
8 9. Plans and photos submitted by applicant
The Office
Live Entertainment,Outdoor Dining,and Special Event Use Permit
131 East Mil)Street,APN 002-302-57
File No.12-11-UP-PC
9 '
1 j4TT}4CHMENT 1
2
3 �,T�x'`���;T ' '� fa � r �c � lr p�p� 3' r p �"
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4
5
6 DRAFT USE PERMIT FINDINGS TQ AL�OW
7 ` �IVE ENTERTAINMENT`AND OUTSIDE DINNING
8 AT 131 EAST MILL STREET,APN 002-302-57
9 FILE NO: 12-11-UP-PC
1Q
11 The following findings are supparted by and based on information contained in this stafF report,
12 the application materials and documentation, and the public record.
13
14 1. The proposed project, as conditioned, is cansistent with the goals and policies of#he
15 Generai Plan as described in the staff report and Table 1.
16
27 2. The proposed project, as' conditioned, is consistent with the Zoning' Ordinance as
18 described in Table 2 of the stafF�epo�t.
19
20 3. The proposed project, as conditioned, is consistent with the Airport Compatibility
21 requirements for#he B2 zone based art the fallowing: '
22
23 A. The project site'currently contains a commercial structure that has;been 'in
24 operation for many years as a bar and restaurant. The proposed uses would
25 be ancillary to the existing use and;would occur occasionally;(no more than
26 twice a month).
27 B. Per the B2 Infill Policy (policy 2.1.6) low intensity resfaurants, retail and
28 offices are acceptable uses in the B2 infill zone.
29 C. The 1n-Fill policy allows 90 people per acre for non-�esidential uses. Based
30 on a .80 acre parGel, the maximum density cannot exceed 72 people (.80
31 acre site X 90 peaple/acre).
32 D. Based on the project description the anticipated number of people an site on
33 a regular basis at one time 50 peaple, this leaves 22 people allowed to
34 occupy the restaurant. Please note that the peak hours far each business are
35 different and therefore it is unusual that both business are at full capacity at
36 the same time.
37 !
38 4. The proposed project, as conditioned, will not be detrimental to public health, safety and
39 general welfare based on the following:
40
41 A. Through the use permit, the operational characteristics are regulated and
42 conditions of approval have been added to reduce any adverse impacts as
43 discussed above. Therefore, the project wauld not be detrimental to the '
44 surrounding uses.
45 B. The Project, including the project description, Management Plan, and public
46 comment received, was reviewed by the Palice Department. The Police
47 Department did not provide any conditions af approval for the Project. In
The Office '
Use Permit
131 East Mill Street
File No.12-11-UP-PC
: 1
{
�
i
= 1 addition, conditions 2 ta 11 applied to the Project in order to address any
; 2 adverse impacts of the Pcoject and the concerns expressed by neighbors,
3 were discussed with the Police Department and were acceptable.
: 4 C. The project has been reviewed by the Fire Marshal, Palice Department,
5 Building Official, and Public Warks and any review comments from these
6 departments have been included as conditions of approvaL
7 D. The project is required to compfy with all federal, state and local laws.
8 E. The project is consistent with the Airport Master Plan B2 compatibility zone
9 requirements as nated in Table3. '
1Q -- — - - -- -_ -
` 11 5. The proposed project is exempt from the provisions of.the Galifornia Environmental -
12 Quality Act (CEQA) pursuant to Section 15303 Class 3, conversion of small structures
13 and Sectian 15301 Class �, Existing Facilities based on the fallowing:
14
15 A. The proposed project will be ancillary to an existing business and daes not
16 involve hazardous materials
17 B. The lacation is not environmentally sensitive and na drainage courses or bodies
18 of water(such as creeks or streams).
19 C. The site is developed with an existing building and parking lot, utilities and
20 servi�es already are available at the site and no expansion of the existing
21 ` building footprint is proposed as part of the proj�ct.
22
23 6. Notice of the proposed project was provided in the following manner as required by the
24 Zoning Ordinance:'
25
26 A. posted in three places on the project site on July 13, 20�2;
27 B. mailed to property owners within 30Q feet(includes all owners of Main Street
28 Tovunhomes) of the project site on July 13, 2012; and
29 C. published in the Ukiah Daily Journal on July 15, 2012.
30
31 '
32 ,
33
34
35
36
37
38
39
40
41
42
43
The Office '
Use Permit
131 East Mil)Street '
File No.12-11-UP-PG
2
1 ATTACHMENT 2
2
3 �='�`�`,�.�-4�� z� �� ���I�AFi"�0:�1'�l�'It�NS����?RC����:�F�����E�k2�1�11�'�,�� .���, : z :
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�iz�3,^f:.���.�-�'r
4
5 DRAFT USE PERMIT CONDITIC3NS OF APPROVAL TO ALLOW
6 LIVE ENTERTAINMENT AND QUTSIDE DINNING
7 AT 131 EAST MILL STREET, APN 002-302-57
8 FILE NO:'12-'11-UP-PC
9 __ ._ . _ _ _ _ _ __
10 1. Appravai is granted to allaw live entertainment, oufside dinning and speeial events as
11 described in the project description submitted to the Planning and Community
12 Development Department and date stamped May 31, 2012 and July 12, 2012 and the
13 Management Plan date stamped July 12, 2012 except as modified by the follawing
14 conditions of approvaL
15
16 2. Live Enterkainment is allowed subject to the fiollowing:
17
18 A. Live entertainment is allowed in the form of a live band and/or`disc jockey. Live
19 entertainment may be amplified or non-amplified.
20
21 B. l.ive entertainment is allowed only on Friday or Saturday and may occur no more
22 than two#imes per month.
23
24 C. Within The QfFice, the hours for live entertainmenf are limited to 8:QO p.m.to 11:30
25 p.m. In order to reduce noise when live entertainment is occurring within The Office,
26 exterior dnors shall remain closed. '
27
28 D. Outside The Office, live entertainment may occur on the lawn area. The hours far
29 outdoor amplified live entertainment are limited to 4:00 p.m. to 7:00 ptm. Non- -
30 amplified live entertainment may occur until 10:0�p.m.
31
32 3. As part of a sp�cial event/private party,outside dining may include temporary outdoor
33 seating'for up to�6 people:
34
35 4. Special Events/Private Parties that include live entertainment and/or additianal outdoor
36 dining are allowed subject to the following requirements:
37 .
38 A. Temporary outdoor seating for a maximum of 26 people may be set up on the lawn
39 area.
40
41 B. Live entertainment is required to comply with condition of approval#2 above.
42
The OfFice
Live Entertainment,Outdoor Dining,and 5pecia)Events Use Permit
131 East Mill Street,APN
File No:12-11-UP-PG
1
1 5. Prior-to the commencement of any special events or live entertainment allowed as part
2 af this Use Permit,;the applicant shall prepare draft language far signage to direct
3 patrons to overFlow'parking iocated at the Umpqua Bank parking lot and a site plan
4 showing the location of the signage for staff review and approval. The staff appraved
5 signage shall be installed prior to commencement of any live entertainment or'special
6 events.
7
8 6. In the event the averflow parking located at Umpqua Bank parking lot is no longer
9 available, alternative overFlow parking area shali be provided, subject ta review and
10 approval of the Planning Department. ;
11
12 7. All employees of The �ffice shall be given a copy of the approved Management Plan`
13 and these conditions of approval.
�.4
15 8. The Office shall be open na later than midnight on nights with live entertainment.
16
17 9. At least 14 days prior to the live entertainment event, the applicant shall inform the
18 Police Departmant and Planning and Community Develapment Department in writing of
19 the date, time, and type of event. This notificatian can be in the form of an email:
20
21 1 Q.At least ane owner of The Office shall be onsite during all live entertainment events.
22
23 11. This Use Permit shall be reviewed within 12 months of issuance by the Planning Director
24 to determine compliance with the conditions of approval, the number of Police calls and
25 amount af Police staff time associated with the -Use Permit, and any complaints
26 received. If the Planning Director determines that the use is not in compliance with the
27 canditions of approval and/or that the use requires additional review, #he Use Permif
28 shall be scheduled for review by the Planning Commission. Review of the Use Permit
29 by Planning Cammission shall include a public notice and the applicant is responsible for
30 paying the costs associated with` Planning Commission review ofi the Use Permit (cost
31 recovery}. If complaints are received during the first 12 months, tfiis Use Permit shall'be
32 reviewed annually by the Planning Directar as described above. The Planning Director
33 shall determine if Planning Commission review of the Use Permit is required.
34
35 12. In arder to`reduce noise'and loitering within the parking lot, at the close of business
36 each night The Office ownersJstaff shall ensure that their patrons have left the site by
37 12:30 a.m. each night.
38
39 13.Any modifications to the ABC license for the premises may require an amendment to this
40 Use Permit or a new Use Permit to allow an increase of the hours during which alcohol
41 is served.
42
43 14. All provisions of the Management Plan ta Operate The �ffice shall be adhered to at all
44 times.
45
The Office '
Live Entertainrnent,Outdoor Dining,and Special Events Use Permit
131 East Mil)Street,APN
File No:12-11—UP=PC
2
1 45. Bike parking to accommodate fiour bikes shall be installed. Inverted "U"style rack is
2 preferred. The applicant shall provide a site plan that shows the proposed location of ,
3 the bike racks for stafF review and approvaL Bike racks shall be installed in the location
4 approved by staff prior to any live enterkainment event occurring on the site.
5
6 16.Activities approved as part'of this Use Permit are subject to the requirements of Ukiah
7 City Code Division 7, Chapter 1, Article 6 {Noise Ordinance).
8 -
9
10 Fram the Fire Marshal (Chuck Yates)
11
12 17. Twa exits are required at all times.
13
14 18. Emergency lighting is required fram the focation all the way to the "public way". This
15 includes stairways and the route out to Mill and Main Streets.
16
17 From the Buildinq Official
18
19 19. The upstairs deck shall nat be used for dancing.
20
21 Standard Citv Conditions of Aqproval
22
23 2Q. 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
25 been applied for and issued/finaled.
26
27 21. No permit or entitlement shall be deemed effective unless and until all fees and
28 charges applicable to this application and these conditions of approval have been paid in
29 fulL
30
31 22. The property owner shall obtain and maintain any perrnit or approval required by law,
32 regulation, specification or ardinance of the City of Ukiah and other Local, State, or
33 Federal agencies as applicable. All construction shall comply with a11 fire, building,
34 electric, plumbing, accupancy, and structural laws, regulations, and ordinances in effect
35 at the time the Building Permit is approved and issued.
36
37 23. A copy of all conditians of this Use Permit shall be provided to and be binding upon ,
38 any future purchaser, tenant, or other party of interest.
39
40 24.All conditions af approval that do not contain specific completion periods shall be
41 campleted prior to building permit finaL
42
43 25. This Use Permit may be revoked through the City's revocation process if the approved
44 project related to this Permit is not being canducted in compliance with these stipulations
45 and conditions of approval; or if the praject is nat established within two years of the
The Office
Live Entertainment,Outdoor Dining,and SpecialEvents Use Permit
131 East Mill Street,APN
File No:12-11—UP=PC
3
1 effective date of this approvai; or if the established use far which the permit was granted
2 has ceased'or has been suspended for 24 consecutive months.
3
4
5 26. This approval is contingent upon agreement of the applicant and property owner and
6 their agents, successors`and heirs to defend, indemnify, release and hold harmless the
7 City, its agents, officers, attorneys, employees, boards and commissions from any claim,
s action ar proceeding brought against any of the foregoing individuals or entities, #he
9 purpose of which is to attack, set aside, void or annul the_.approval of this application.
10 This indemnifieation shall include, but nat be limited to, damages, costs, expenses,
11 attorney fees or expert witness`fees'that may be asserted by any person or entity,
12 including the applicant, :arising aut of or in connection with the City's action on this
13 application, whether or nat there is concurrent passive or active negligence on the part
14 of the City. If, for any reason any portion of this indemnification agreement is held to be
15 void or unenforceable by a court of competent jurisdiction, the remainder of the
16 agreement shall remain in full force and effect.
17
18
19
20
21
22
23
24
25
26
27
28
The Office
Live Entertainment,dutdoor Dining,and Special Events Use Permit
131 East MiCI Street,APN
File No:12-11-UP-PC '
4 !
; t
3 ��5��������� �
; ..
, .
PETERSEN �AW OFFICES
A PROFESSIONAL CORP�RA TION
519 Sauth School Street 1102 S.Main Street, Suite 2 '
P.O.Bax 1468 Robert C.Petersen P.O.Box 1168 '
ITkiah,CA 95482 F,Gregory Petersen Fort Bragg,California 95437 '
707-46Z-5860 Thomas E.Owen ('70'7)g�;4-4044
707-462-3069 fa� Erik R:Petersen
{707}9b4-1870 fax
*Respond to this address
' petersenlaw@sbcglabal.net
��,
y Y�:�,�*�
Ma 22, Zo12 �-f
,�
� `;�
4 + ?
: :. � . ..� . . .. � �.s �
Kim Jordan, Seniar Planner ;;n�. �°��'; ��,;
�'` z�' ���s�;�;;
Jennifer Faso,Associate Planner � i ,��
City of Ukiah �� �, � <��,n,
Planning&�o�nmunity Development Department `
� �r
�r�rv� {,
30o Seminary.Avenue '� ' ��i
i a';�
Ukiah, CA 954�2 ,
RE: ���East Mill Street,-Ulaah, CA p'r�iect �?escriptian
Dear Ms. Jordan&Ms. Faso:
Pursuant to the meetings that we have had with the City of Ukiah we are
writing this letter to advise what we are respectively requesting under a use permit with
the City of Uluah for the restaurant and bar located at 131 East Mill Street, Ukiah, CA.
1. We are requesting to be able to serve alcohol incedential to faod service
from 11:0o a.m,t0 12:0o p.m. Monday through Friday and 4:0o p.m,to
12:0o p.m. on Saturdays.
�. The resturaunt and bar are requesting to conduct outside dining an the
upstairs deck and the outside gazebos and deck area from 11:0o a.m,to
10:0o p.m. Monday through Friday and 4:0o p.m.to 10:0o p.m.on
Saturdays.
g. Requesting dining on the outside lawn area from ll:oo a.m. to io:oo p.m,
Monday thraugh Friday and 4:0o p.m.to 1a:oo p.m. on Saturdays.
� 4. We are requesting a Use Permit for live music which includes live
entertainment and amplified music as well as a D.J.with amplified music
upstairs from 8:0o p.m.to 11;3o p.m.Fridays and Saturdays only. The
umplified music would be na more than every other weekend and on these
nights the Qffice would agree to provide two security personnel at its own
e�ense one at the bar area and one at the permiter of the property to
curtail laitering,loud noise and prevent any alcohol from leaving the
building. '
5. We are requesting a Use Permit for live music on the outside lawn area
from the haurs of 4:0o p.m.to 8:0o p.m.every other weekend,at the most,
,� Re:Erik Petersen
May 22,2012
Page-2
' from June through September. The Office will agree to provide three
security personnel on staff ta secure the outside perimter and the bar area. -
(there will only be music ever other weekend during these months
including any upstairs live entertainment: This means whether it is
upstairs inside or outside on the lawn the live amplified music'will happen
no more than one night every ather weekend.)
GOAI,'
It is the goal of the Off'ice to provide a safe wholesome environment for fine
dining, alcohol incidental to food and live music for the City of Ukiah and Mendacino
Caunty residerts. The Office will agree to keep an open line of communicatian will all
neighbors should the use permit be granted to ensure the neighbors needs and concerns
are dealt with in a fair and satisfactory manner to all parties.
We would like to thank the City of Ukiah for considering the above and look
forward to working with your.
Very truly y s,
ERIK PETERSEN
For pon&Judy Howard,
Rolly Tibbbets and Kim Richardson
ERP: hdp
; A��chrn��t # ,
.
PETERSEN LAW QFFICES
A PROFE�SIONAL CORPORATION
519 South Schooi Street 1102 S,Main Street, Suite 2
P.O. Box 1468 Robert C.Petersen P.O.Box l 168
Ukiah, CA 95482 F. Gregory Petersen Fort Bragg,California 95437
Thomas E. Owen
707-462-5860 ` Erik R.Petersen ' {707)964-4044
�07-462-30b9 fax (707)964-�870 fax
*Respond to this address
petersenlaw@sbcglobal.net
JUlY 12, 2012 j'�
I��'.��
Jennifer Faso �`
Kim Jordan . �(/� `+�
City of Ukiah ���(Jrj
Planning and Community Development Department +A4►j. �'
30o Seminary Avenue ��y
Ukiah, CA 954$2' �°�'
Dear Ms. Faso and Ms. Jordan:
The following information is in response to fhe questions you posed both in
recent emails and at aur last meeting.
There are appraximately 2 seats located in the four gazeba areas. This
number is estimated high as most of the gazebos realistically seat 4 people. Simona's
Restaurant has 2 seats which includes the banquet room which is not in use on most
occasions. There are approximately' o seats available in The O�ce bar. Tatal amount
of seats throughout the building and outside including the banquet room,which is
usually not in use, is 116 seats. -
Outside music will be kept at a lower volume than inside music and will have
a�:oo p.m. cutoff.
Special events will be the following:
1. class reunions of approximately 50-75 people
2. outside music from 2-�p.m. approximately 50-75 individuals rotating
through
3. weddings same appraximate numbers as above
4. bridal and baby showers 25-4o individuals '
5. birthday parties approximately 5o individuals m�imum.
The above events are not certain but are estimated as all patential functions.
An occasional Sunday will be utilized and completed by�p.m. for some of the special
functions such as bridal showers,birthday parties, etc. It is believed this will be an
e�rtremely rare occurrence.
� Erik Petersez�� �
July 12,2012
Pabe 42.
; �c��si���l t�rn�c���ry t�bles rr�ay Ue pl�ced�n�he al�t�icl�lavv�� �rea d����i�� '
spec�al �vea�ts, I-Io�vever it i��nt�ci�at�d n� �nore than ar�additional �, seats znore t�an
the orrg�nal2q.in the gazebos,
There wiIl be absolutely no dancing on the outszde deck area. Thfs will be
monitored by employee security. There also will be no music on the outside deck area.
The outside deck area wiIl be used for occasic�nal seating and a cooling off area.
It is not anticipated there will be any additional seating,gazebos, etc installed
in the outside area other than what is already in place, except for occasianal temparary
tables up to 25 seats,
It is The Office's intention to cooperate with the surrounding neighbors and
create an enviranment that will serve the City of Ukiah and surrounding county
residents with a safe place to dine and listen to live musice
The parking agreement with Umpqua Bank and their manager Harvey
Barker. It has been in place for the past three years with no problems. A copy of the
agreement is enclosed.
We are hopeful this answers all questions posed. Please do not hesitate tcs
contact the undersigned with any further questions.
Thank you for your attention to the above.
Very truly yours,
,�-�.°• --
Erilz R Petersen
E1ZPe cfc
���`d°���`3#'�3��`3'� ,�
JG,�,
11ZANAGEMENT Pi.AN TQ QPERATE - ,j �
THE OFFICE BARAT 1�i E;AST MILL STREET,UKIAH, CA 2. ?c' .,
APN o02-302-�� � �'�'
�ALCOHOL
All alcohol shall be consumed on premises in the bar, restaurant or fenced area autside.
Security will be pravided by the server during regular business hours.
During larger events in the bar two security personnel will be provided. _One in the bar,
proper, and one on the site's exterior ta prevent alcohol from leaving said premises.
During events on the outside lawn area three security personnel will be provided. Twa
outside ta caver the entrances and one in the bar proper.
LOITERING
During all events in the bar and on the autside lawn area the security personnel will
make regular sweeps of the parking lot and site grounds to prevent loitering, offsite
drinking, and crowd noise. Should any loitering be noticed the security personnel will
ask all loitering parties to leave the immediate area.
PARIZ.ING
There are approximately eleven designated parking spots in The Office parking lot
located on the Main Street side of the building. The Office has an agreement with
Umpqua Bank through their manager, Harvey Barker, and utilizes forty additional
parking spots immediately south of The Office. It is important to note that many of the
patrons that frequent The Office,walk to The Office because of onsite drinking and The
4ffice's location in the downtown area.
LITTER
Regular litter sweeps will be performed by the security personnel and all employees.
This will be done during all events, inside and outside, as well as every day in the
morning, afternoon and evening.
NOISE
On all outside special events the amplified sound, entertainment,etc will be stoppecl at
�:oo p.m. Thraughout the event time frame the sound will be monitored by employees
of The Office and ta make sure the surrounding neighbors will not be disturbed. '
Inside amplified music will be controlled by the following:
l. Upgraded insulation in floars and walls which includes sound insulation.
2. A sound inhibiting theater curtain will be placed in an appropriate location.
3. The outside daors will be closed during live entertainment and monitored on
all occasions.
4. The overall volume will be monitored and reduced when appropriate on an
hourly basis during all events by apprapriate management
5. The saund inhibiting doors located in the deck area will be closed at 10 p.m.
during all events and during the winter manths will be closed the entire time.
EMPLOYEE TRAINING
All employees will be trained regarding alcohal serving and security issues. The
employees will be instructed to monitar sound and to make sure all appropriate doors
and noise-monitoring policies are put into place.
LIGHTING :
Both parking areas have outdoor e�erior lighting pursuant to the appropriate
standards. The surroundirig exterior of The Office has appropriate outdoor lighting`for
safety and security effects. •
SAFETY AND SECURITY ' �'_
As mentioned above there will be appropriate security personnel at all outdoor events.
There will be employee security available at all functians including any and all amplified
live entertainment or DJ situations. The emplayee security will have appropriate
training with regards to all interior and e�erior`situations. Security cameras will be
maintained and operational in the bar 24 hours per day, �days per week with a 3o day
loop. There are cameras placed in three strategic locatians.
CONTACT INFOI�►MATION
The appropriate property managers and business owners are Rollv Tibbetts and
KimMarie Richardson. Their phone contact information is�o�621-�,,�and�02�6.,3=
bA�4• :
This management plan has been created and verified by the property managers Rolly
Tibbetts and KimMarie Richardson.
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Bruce Lorenzi
120EMiIISt
Ukiah Ca 95482
July 18, 2012
' I live across the street from The Office. My parents own the house that I rent. When I was a kid I lived
next to Mendalake Clubhouse. 1 knaw the issues with outside music my family has had t�deal with
over the years. Most of the time,the bands do as they want unless the Sherriff made them,we just had
to deal with the noise. I do not want my house to be unlivable because of loud music across the street.
With how close I am I cant figure out how they can keep it low enough for this not to be an issue. Maybe '
a high fence to act as a barrier would help. I don't want to leave my house because I get tired af calling
ta have the music turned down and have it go back up in a few minutes. So far f have been letting it go '
beeause it is inside but outside will be another matter. I think the police are gaing to get tired of dealing
with this disturbance. When I move it may also make it harder to find a renter that is not disturbed by
the noise.
I also keep an eye on the parking lot for my folks. Most people are nice when I ask them to move but I
wish I did not have to be in charge of this. Sometimes they just drive away mad so The Office doesn't !
have this customer either. It was much nicer for me when The Office rented the lot.
For my peace deny the permit and please don't let them have music outside
Bruce Larenzi '
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Marlin and Bonnie Lorenzi
4310 Lakeridge Rd
Ukiah Ca 95482 JU�' '�8��� '
�
July 17,2012 ��y�,
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RE:Use PermifforThe Office
We have several concerns with this applicatian
The eleven parking spots mentioned in their application are shared with Simona's Restaurant.(two are
street parkingj We own the parking lotacross the street an MiIL The t3ffice used to rent the lot and
stapped in April of last year. Every time they hald a'larger.event such as music their patrons use our lat.
The lot is rented by Simonas Restaurent and Pricewaterman.They too cauld rent the lot and eliminate
all the issues. They chose not to but still wanf the free use of the iot but for liability reasons we cannot
have The C►ffice patrons using the lot. To say nothing of it being unfair to the paying tenants ta have
their spotsused up by patrons of anather business forfree and the increase in maintenance required.
With the hoursthey plan to operate the music venue,the other business will still be apen making it
impossible to know which business they are patronizing. We have posted signage but to policethe lot
has become a constant issue.Trying to be gaod neighbors,we have avoided towing vehicles and have
been asking patrons to move. 7his should not be our issue to handle. A possible solution would be if
they put gates on ourlot so it can be closed and locked once the other tenants businesses are closed.Or
start renting the lat again so we are covered for liability with their insurance.
When The Office ariginally rented the lot it was a conditian of tMe business loan that they had adequate
parking sa they rented our lot for a short time,then they stopped. I see they have an agreement with
the banks manager to park in his lot. I think to be binding the lease needs to be with the property
owner because a manager cannot enter into such an agreement.They need to have a long term parking :
lease with the property owner of record with the Assessor's Office to prevent the same issue from
happening again. Which is:they show parking to get the permit and then stop the rental and now the
parking issues are worse than ever.A candition of the permit needs ta be an adequate parking lot lease
is to be retained at all times or the permit will be revaked
We live upthe block from Mendolake Clubhouse which has oufiside music. When the music is playing
with a heavy 6ase the windows in my house rattle. We then walk over and ask them ta turn the music
dawn. Some bands do for a few minutes and then if inches back up.Other bandstell us to"go to he1P'
and turn it up louder and the Sherrif is called to handle the situation. It is crazyto think the employees
aregoing to be monitoring the music that closely. Ultimately,the band controlsthe volume in most
cases.If our tenant(our rental house is next to the parking lot}asks to have it�turned down is it really
going to be turned down for the duration?A solution would be no base or amplified sound outside.
Security seems to be loosely written. Are security personnel going to be wear attire that designates
them as such. Simply calling wait staff security is not enough. Everyone needs to know wha to falk to
when issues arise Uniform shirts that say"security" might be a solution ar if the event is big enough
; ...
hire actual security officers holding a securitylicense orguard card.
: . : .
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; On the�application it states under Special events a different time far live entertainment outside than
.
mentioned elsewhere in the application.is this part of the outside music two weekends a manth?Dr are
we ta assume m�us�c co:uld be happening outside daily up until 10:00 pm�
.,�~�
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I do not see a maximum occupancy in their application. The permit shauld stafie the maximum peaple
allowed both inside and out.
I don"t know what the laws are but the inside events space is inside the bar,will children under 21 be
allowed
In closing,we are not in favor of this permit for the reasons stated above. If the issues can be resolved
we may change our position. :
Sincerely,
Marlin and Bonnie Lorenzi
Property owners of 533 S Main St parking lot, 120 E Mill st house,575 S State St,575 A S State St,532A
&B S State St. {Corner main st to Corner State st all propertys on south side of East Mill St) '
���Cn�,��,t � �
Jennifer Faso
From: Pat Walker<walkerukiah@gmail.com> ,
Sent; Tuesday, July 17, 2012 9:02 PM
Ta Jennifer Faso
Subject: Notice of Public Hearing-new letter
Please disregard the first email as i sent it befare I finished it. I apologize:
Dear Planning Cammission.
1n 2009 I purchased a townhome on South State street across from what used to be the"The EI Sombrero." At that time
the building was vacant and it was not disclased to me there was going to be a bar with live music taking it's place. In the
three years I have lived here 1 have never received a notification from the Planning Commission that anyone was applying
far a permit to have a bar with live music across#he street from my home or I would never have purchased my home and I
wauld have objected after I,purchased my home.
I am a sixth generatian resident of Mendocino county, a senior citizen, and employed at a law firm in town. I live alone
and chase this home because it is close to work, shopping,the theater and most impo�tantly hospitals and doctors. I have
lived in other plaees in'town over the years but never in the"center"of town. I put up with various things like the noisy
garbage and recycle trucks that pick up the bins very early in the morning for the businesses. The transients wha
rummage through the recycl�bins full of bottles from the business atThe�ffice the night before. They get to the bins
before the trucks so that happens about 5 am and wakes me up. There is the C&R heating and air canditioning:business
right next to my back fence and they park all their vans next ta the fence and conduct business including huge semi's
unloading goods. I have ta either keep my blinds closed or always be dressed because the truck drivers loak right into my `
kitchen.
1 have some neighbors who scream and their children jump on pogo sticks, ride skate boards, play ball in the street... all in
front of my house.When I come home from work I just want to relax, enjoy what quiet and privacy I do have and then go
upstairs,watch a little TV and go to sleep. Fridays of course are my favorite.
Then The Office came with it's amplified live music on Fridays, or Saturdays. C can not express the horror of lying in my
bedraom with music shaking my bed, over and over and over.When their are drums it just boom, boom, boom. People
shouting louder and Iouder as the night wears on. The Office was only permitted to stay open until 11 pm but this went on
until midnight and sometimes much later. Even when the bar closed drunken peaple would stay out in the parking lot and
talk loudly, laugh, argue. Impossible to slesp. After months of trying to live with this 1 contacted the Police department
and spoke with the Chief of police who began watching the place. They found that the music could be heard all the way
down on Leslie street. Some kind of negotiations went on and it finally stopped. What a blessing that was. Finally I was
able to sleep. .
I opened my mail on Saturday July 14th and found this Notice of Public Hearing for Proposed Project: THE OFFICE
wanting a permit to increase their use of the grounds and building for entertainment purposes to include amplified music 6
days a week. Weekdays until 10 pm and weekends until 11:30 p.m. OMG!
PLEASE do not allow this to happen. Almost all of the homeawners have to get up and go to work or they have children
who go to school or they have babies. The amplified music outside of The Office resonates inside af our homes,even
over the sound af aur own music and televisions and voices. Even the chatter of 50-100 people with laughing,shouting
and drunkiness invades the privaey af our hames. The increased traffic makes it dangecous when we pull out of our
d riveways.
On Saturday, July 14th, 2012 the same day 1 opened this Notice,the Office had some kind of party with amplified live
music on its grounds. At first, in the day, I kind of enjoyed the music, but it went an and on. It did finally stop but the
partying went on into the night-�OUD. I tried to sleep,tossed and turned hoping it.wauld stop. At 1:30 am I woke up to
shouting, laughter and loud talking. I looked out my window and saw lights-still on across the street and several people in
the parking area, one big man obviously drunk being very loud. Finally I gave in and called 911. She sent a police office '
out and he/she pulled their car up in front of the parking lot ta ths Clffice but no one got out. They stayed for about 1 '
minute and drove off. After a bit people started leaving but the loud man stayed and continued to be noisy. I finally went
to slee�. I hr�iv��om talking t�city p�lice that o�-duty��ficers freGue�t�'he Office sr�therc is d bit of a eorrfliefi.
1 '
�
:; Even if tliey say they will shut the music off at 10 pm. they will not. They never did before. Even if the music stops, the
peaple don't. They are drunk, they don't care abaut anyone but themselves because they are having a good time. They
; get laud and we can hear it all in our homes: I work in a law affice where#he majority of business is DUPs. V1/hy '
; would the city want to enforce the law to stop people from driving while drinking yet at the same time support a bar thaf '
; lets people drink untii they are drunk and then drive off into the night in cars and on motorcycles?The people in the
° parking lot on Saturdaynight were obviously very drunk yet the police car stayed one minute and drove ofF with those
; drunk peopleminutes later getting in their cars and on to a motorcycle and driving off with no one stopping them. Is their '
a conflict here? '
We are entitled by law to the enjoyment and privacy of our homes: This noise invades our privacy and disrupts our
= lives. Please do not allow this permit. If it is allowed, I will have to move. My martgage is already upside down, if I am
forced to move because of this disruptian of my peace and quiet in my home who will make up that financial ioss to me? '
Also, by coincidence, your meeting is scheduled atthe same day and time as our quarterly home owners association
meeting and we have some very importanf issues`being discussed at this'particular meeting. I need to be at'the`HOA
meeting and at your meeting� I can not do bath.
I realize that a business thaf ofifers alcohol,food and enterkainment to this particular community has a`much louder voice
than a senior citizen who wauld like to enjoy the peace and quiet of her home, but please hear my voice.
Thank you for your time and consideration in regard to my opinion.
Sincerely
Patricia Walker
541 S Main Street Unit 3
Ukiah CA 95482
707-391-51$2
2
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