HomeMy WebLinkAbout06082011 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
Wednesday �une 8, 2011
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 HELLAND, BRENNER, WHETZEL,
SANDERS AND CHAIRPERSON PRUDEN
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the May 25, 2011 meeting will be available for review and approval at
the June 22�d meeting.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for everyone to
be heard, please limit your comments to three (3) minutes per person and not more
than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments.
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning
permits are final unless a written appeal, stating the reasons for the appeal, is filed with
the City Clerk within ten (10) days of the date the decision was made. An interested
party may appeal only if he or she appeared and stated his or her position during the
hearing on the decision from which the appeal is taken. For items on this agenda, an
appeal must be received by the City Clerk no later than Monday 7une 20, 2011 at
5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PRESENTATION
A. Presentation by BEANS (Better Eating, Activity, and Nutrition for Students). A
presentation by local teen peer educators identifying access and barriers to health
and nutrition in our community.
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.
10. NEW BUSINESS— PUBLIC HEARING
A. Doggy Daycare Use Permit: 11- 04-UP-PC. Conduct a public hearing for a
request for Planning Commission approval for a Major Use Permit for a Doggy
Daycare at 884 South State Street, APN 003-072-03.
11. NEW BUSINESS
A. Election of Chairperson. Election of a Planning Commission chairperson as
required by the Planning Commission Procedures of Conduct.
12. PLANNING DIRECTOR'S REPORT
13. PLANNING COMMISSIONERS' REPORT
14. 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 ITEM NO. 1OA
� � � �f�,������. � � Community Development and Planning�Department � �
�` ������ 300 Seminary Avenue
�� Ukiah, CA 95482
��� � �
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' ��� � � � ` `�� � � � �� � � planninqCa'�.cityofuki�h�.c�m �� � � � � � � �
, _ _���{,� � ��� �
(707)463-6203
2
3 DATE: June 8, 2011
4
5 TO: Planning Commission
6
7 FROM: Jennifer Faso, Associate Planner
8
9 SUBJECT: Request for an Approval of a Major Use Permit to allow a dog day care facility at
; 10 884 South State Street, APN 003-Q72-03
11 File No. 11-Q4-UP-PC
12
13
14 RECOMMENDATION
15
16 Staff recommends that the Planning Commission approve the proposed project based on the
17 draft findings included in attachment 1 and subject to the draft conditions of approval included in
` 18 attachment 2.
19
2a PROJECT DESCRIPTION
21 '
22 An application has been received from Linda Geurts for approval of a Major Use Permit to allow
23 a dog day care facility at 884 South State Street (see attaehment 3, Project Description). The
24 facility would include the following:
25
26 • 24 hour dog day care#or a maximum of 60 dogs;
27 • dog training classes 2-3 times per week in the evenings;
28 • dog grooming Tuesday through Saturday from 7:OQ a.m. to 5:00 p.m;;
29 • one self-wash dog wash station open daily from 9`OO a:m. to 5:00; and
30 • retail sales of pet supplies.
31
32 The applicant proposes to use the yard area located to"the north of the existing building as an
33 outside space for the dogs. The yard area would include:
34
35 � portable six faot fences that are configured so that dogs will be separated into small
36 groups; and
37 • -an agility course will be set up in the rear portion of the site.
38
39 Na structural changes to the e�erior of the building are praposed; howevec; the applicant does
40 propose to paint the exterior and install new signs,
41
Dirty Dog Day Care Use Permit
884 South State Street
File No.11-04-UP-PC
1
1 Priar to submitting a formai applicatian the applicant canvased the neighbarhoad, 'and hand
2 delivered a flyer that explained the proposed business and also spoke to the neighbors (see
; 3 attachment 4, letter ta neighbars and map of area canvased).
. 4
5 SETTING
6
7 The project site is located on a developed lot on the west "side of South State Street between
8 Luce and Freitas Avenue. The lot includes an approximate 4,450 square foot commercial
"9 building, parking lot and a fenced yard area. The property is zaned Cammunity Commercial (C-
10 1) and is surrounded by the following uses:
11
12 • North: West Coast Mufflers and Fastenal zoned C-1
�.3 • South: Ganvenience market and gas station zoned C-2
14 + East: Former site of Ukiah Valley Lumber and snow cone business zoned C-2
15 • West: Single family home zoned R-1
: 16
17 BACKGROUND
18
19 Determination of Appropriate Use. A Dog Day Care Facility is not an allowed ar permitted
20 use within the Community Commercial (C-1) zoning district. Zoning Ordinance Section 9088
21 grants the Planning Directar the authority ta make a "Determination'of Appropriate Use" for uses
22 that are not listed as allowed or permitted. In this case, the Planning Director made a
23 determinatian that the praposed dog day care would be an appropriate use with Planning
24 Cammission approval of a Major Use Permit (see attachment 5, Determination of Appropriate
25 Use).
26
27 RII determinations of the Planning Director regarding whether a use can be allowed or permitted
28 in the Community Commercial (C-1) Zoning District shall be final unless a written appeal to the
29 City Council, stating the re�sons for the appeal, and the appeal fee, is filed with the City Clerk
30 within ten (10) days of the date the decision was made: The determination was made by the
31 Planning Director on January 31, 201� no appeals were received and the appeaf period has
32 expired.
33
34 STAFF ANA�YSIS
35
36 General Plan. The Jand use designation of the subject property is Commercial (G). This land
37 use designation identifies areas where commerce and business may occur. The proposed
38 commercial use is consistent with the General Plan designation of the subject property. The
39 actual uses allowed are determined by the zoning of the parcel (such as Neighborhood
; 40 Cammercial, Community Commercial, or Heavy Commercial). Table 1 beiaw provides an
41 analysis of the General Plan goals and palicies that apply to the proposed project.
42
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� �General�Plan Go�IlPolic ���� � � � Staff Anal sis � ��
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Goal ED-1. Support a strang loca/ The projectwould allow the establishment of a new business that will
econorr►y. contribute to the local ecanomy.
The new businesswill occu a commercial buildin that has been
Dirty bog Day Care Use Permit
884 5outh State Street
File No.11-04-UP-PC
2
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vacant for two years: '
The praject will provide up to four jobs for the local community:
: The project would generate business license and sales tax revenue.
1
2
3 Zoning and Site Analysis. The zoning af the site is Community Commercial (C-1): bog Day
4 Care Facilities are not listed as allawed or permitted 'in the C-1 zoning district. Hawever as
5 noted above, zoning ordinance section 9088 allows #he Planning Director to make a
6 Determination of Appropriate Use. fihe Planning Director has determined that the use would be
7 appropriate in the proposed location subject to Planning Gommission approval of a Major Use
S Permit.
9
10 The dog day care facility as proposed by the applicant would include, 24 hour a day dog day
11 care, retail sales, self-wash dog station, groaming services and dog training classes. Table 2
- 12 below includes the applicable requirements of the zoning ordinance with staff analysis:
13
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Zoning Ordinance Reguirement Staff Analysis
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zoning ordinance includes development The praject site is already developed and no modifications to the
standards for setbacks, building height, site exterior of the building other than new paint are proposed.
area and yard setbacks. The existing site and buildings are consistent with the required
ZO'Sections 9083, 9084, 9085 setbacks;building height, and site area
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Dog Day Care,(24 hours) As allowed by the zoning ordinance,the Planning Director made a
Dete�mination of Appropriate Use Determination of Appropriate Use that the use would be appropriate
Zb Section 9088 in the proposed location subject to Planning Commission approval of
a Major Use Permit.
When the determination af appropriate use was made the proposed
hours of operation were 6 a.m:to 6 p.m. Monday through Friday and
10 a.m."to 3 p.m.on Saturdays and Sundays.
The applicant has requested approval of a 24 hour dog day care
facility. However,given that the project site is located adjacent to
residential zoning and there may be noise associated with this use
both Planning Staff and the Police bepartment have concerns'about
a 24 hour operation� Therefore;staff has included draft condition of
approval#3;that limits the hours for dog day care:
Should the Commission be in a position to e�ctend the hours of
operation for the Dog Day Care as requested by the applicant '
condition of approval #3 and the finding would need ta be revised.
Retail Sales Retail sales are an allowed use in the G1 zonin district:
Dog Training Classes Dog"Training classes would be offered three times a week mainly in
the evening and depending on the weather may be held inside or
outside:The classes will consist of 5-10 people depending on
demand.
Dirty Dog DayCare Use Permit
$84 South State Street
File No.11-04-UP-PC
3
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Dog Grooming Serv�ces including a Self The applicant is proposing to provide dog grooming services along
Wash—Dog Wash Station with a station for dog owners to wash their dogs.
' The applicant proposed hours for dog grooming are 7 a.m.to 5:00 '
p:m.Tuesday th�u Friday: Staff recommends allowing the fiours to
: be cansistent with the hours for the doggy daycare facility. If the
applicant would like to restrict the hours for the service,she is free to
do so.
The proposed hours for the self-wash dog station are 9'00 a.m. to
5:00 p.m. seven days a week. Staff recommends allowing the'hours
to be consistent with the hours for the doggy daycare facility: 1f the
, applicant would like to restrict the hours for the service,she is free ta
do sa
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Section 9086 ofthe ZO regulates the The site currently has eight{8)existing parking spaces in the front of
minimum number of parking spaces required the building and area to stripe two(2)additional spaces:This gives
in the C-1 district the site a total of ten(10)parking spaces. In addition,tandem parking
for"up to four vehicles appears to be available at the rear of the site.
The zoning code does not have parking This parking could only be used as employee parking
requirement for dog day care facilities. '
There is aiso street parking available on Luce Ave. However,the
5ection 9198 of the ZO regulates parking for zoning ordinance does not allow on-street parking ta be counted
Day Care Centers. A minimum of three(3) toward the off-street parking requirement
parking spaces with ane space for each ten
(10)children. The proposed dog day care Using the Day Care Center calculation for this project(nine)9 parking
center is similar has similar operating spaces are required. Minimum ofthree plus six(6),one space for
characteristics and staff has applied this each 10 dogs.
parking standard to this facility.
In addition to the doggy day care,the site will also provide classes,
grooming,retail sales,and self serve washing facilities. Many of
these services would be provided to users of the doggy daycare,
therefore no additional parking spaces forthese uses would be
needed. However,these services may also be used at the same time
as the doggy day care by non-users of'the doggy daycare.In this
case, additional parking would be needed.
Staff recommends that employees be required to park afthe rear of
the-building to ensure that there is adequate parking for customers of
the doggy daycare as well as alt of the other services offered at the
facility. This has been inciuded as draft condition of approval#4b.
Staff requests that the Commission determine if the 10 parking
spaces on the site plus the maximum of 4#andem parking spaces at
the rear of the site#or employees provide adequate parking for all of
the uses included in the project. Section 9086(h)allows Planning
Commissian to provide relief from the parking requirements through
the disc�etionary review process.
1
2
3 Use Permit. In order to approve a Use Permit, the findings included to Zoning Ordinance
4 section 9262(F1) are required ta be made. The required findings and staffs analysis are
5 included in the table below:
Dirty Dog Day Care Use Permit
884 South State Street
File No.11-04-UP-PC
4
f
�
; 1 � � �
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s, ' �II Y:.s'`'.,a�, ;,�,.;�„� ...���F,i�7's�„�,.,���,�.. ,�t.t��,��. ,�`,�a+",,.�' ...?-,�: t�.-� �" ,�i l�si4.'„�z..�..�, � � ��{ .,L..
„v. ..,, � ,_<< . ,.,4 ...k, ...: .3��.._,t.., ,.�
` Use Permit Findin s Staff Anal sis
The proposed land use is consistent with the The proposed project is consistent with the General Plan as
; pravisions of fhis Title as well as the goa/s and descri6ed under Gene�al Plan above.
policies of the City Genera/Pian:
The project is consistent with the Zoning Ordnance as described
' in Table2 above.
; The proposed land use is compatible with The project approved with conditions is compatible with '
' surrounding land uses and shall not be surrounding uses based on the following:
; detrimental fo the public's health, safety and . The project site is located within an existing commercial
genera!welfare. area and is surrounded mainly by commercial uses.
• The propased"project will occupy a building which is
currently+�acant and therefore use of the building would
be an asset to the neighborhood and will draw people to
the area.
+ The hours of operation would be consistent with other
business in the area.
The project will not be detrimental to the public's health , safety
and general welfara based on the fallowing:
• Through the Use permit the hours of operation will be
regulated,therefore the project will not be detrimental to
the surrounding residential uses.
• A new solid six foot fence will be installed at the rear of
the property to#urther separate the outside yard area
from the adjacent neighbors, draft condition of apptoval
#5.
• The slats of the existing chain iink fence shall be
replaced as ta provide screening,draft condition of
approval#5.
• The project has been Yeviewed by the Fire Marshal,
Police Department,-Building Official,and Public Works
and any requirements have been includes as conditions
of approvaL
• The project isrequired to comply with all federal,state
and local laws.
• The site will have 10 parking spaces for customers and
the employees wili part in the rear of'the parcel.
2
3 ENVIRONMENTAL REVIEW
4
5 The proposed project is exempt from the provisions of the California Environmental Quality Act
6 (CEQA) pursuant to Section 15303 (c), Gonversion of Small Structures, which allows structures
7 up to 10,000 square feet to be converted from one use to another in urbanized areas when the
8 use daes nnt involve signifieant amaunts of hazardous materials, where all necessary public
9 services and facilities are available, and the surrounding area is not environmentally sensitive.
10
11
12 + The total building square faotage is 4,450 square feet.
13 • The business does not use hazardous materials.
14 + The lacation is not environmentally sensitive and no drainage courses or bodies of water
15 (such as creeks or streams).
Dirty Dog Day Care Use Permit !
884 South State Street
File No.11-04-UP-PC
5
e
1 • The site is developed with an existing building and parking lot, ufilities and services
2 already are available at the site and na expansior� of the existing building footprint is
3 proposed as part af the proje�t.
4
5 PUBLIC NOTICE
6
7 A notice of public hearing was provided in the following manner:
8
9 • posted in three places on the praject site on May 27, 2011;
10 � mailed to property owners within 300 feet af the project site an May 27, 2011;
11 + published in the Ukiah Daily Journal on May 29, 2011;
12
�3 A� af the writing of this staff report, no correspondence has been received in response to the °
14 notice.
15
16 DEGISION TIMELINE
17
18 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The
19 PSA requires that a d�cision be made on the project within 60 days of the applicatian being
20 deemed complete. This application was submitted to the Community Development and
21 Planning Department on April, 12, 2011 and was deemed complete an May 11, 2011. As such,
22 a decision must be made on the project no later than July 11, 2011. The applicant may request
23 a onetime e3ctension of the decision timeline. The next regularly scheduled Planning
24 Commissian meeting is June 22, 2Q11.
Z5
26
27
28
29 Attachments
30
31 1. Draft finding for Use Permit
32 2. Draft Use Permit Conditions of Approval
33 3. Project Description submitted by applicant date stamped April 12, 2011
34 4. Letter from Applicant#o Neighbors with Map
35 -5. Determination of Appropriate Use dated January 31, 2011
36 6. Photas submitted by applicant and date stamped April 12, 2011
37 7. Plans submitted by applicant date stamped April 12; 2011
38
39
40
41
42
43
44
45
46
47
48
Dirty Dog Day Cace Use Permit
884 South State Street
File Na.11-04-UP-PC
�
i
1 ATTAGHMENT 1
z
3
4
5
6
7 QRAFT USE PERMTT FINQINGS TO ALL4W
; 8 A DOG DAY"CARE FACILITY AT
9 884 SGIUTH STREET,APN OQ3-07Z-03
10 FILE NO: 11-04-UP-PC
11
12 1. The following findings are supported by and based on information contained in this staff
13 report, the applicatian materials and documentation, and the public record.
14
15 2. The proposed project, as conditioned, is consistent with the goals and policies af the
16 General Plan as described in the staff report and Table 1.
s�
18 3. The proposed project, as canditioned, is consistent with the Zoning Ordinance as
�:9 described in Table 2 of the staff report.
20
21 4. The proposed use is allowed with a use permit based on the Determination of
22 Appropriate Use made by the Planning Directar as allowed by zoning ordinance section
23 9088.
24 a. The project, as conditioned, is compatible with surrounding uses based on the
25 following:
26 b. The project site is located within an existing commercial area and is surrounded
27 mainly by commercial uses.
28 c. The proposed praject will occupy a building which is currently vacanf and
29 therefore use of the building would be an asset to the neighborhood and will draw
30 people to the area.
31 d. The hours of operation will be cansistent with other business in the area.
32
33 5. The proposed project, as conditioned, will not be detrimental to public health, safety and
34 general welfare based on the following:
35
36 a. Through the use permit the hours af aperation will be regulated, therefore the
37 project will not be detrimental to the surrounding residential uses.
38 b. There'are ten parking spaces located on site in the front for customers and the
39 employees will be required to park in the rear of the site. Dog classes shall be
40 limited to eight participates to ensure that there is enough onsite parking.
4� c The dogs will only be permitted outside between the hours of 8`00 a.m. and 6:00
42 p.m. therefore noise related to barking will not be detrimental to surrounding
43 neighbors.
44 d. A condition of approval has been added that if the City reeeives complaints
45 related to noise the business owner must made pravisions far noise attenuation.
Dirty Dog Day Care Use Permit
884 South State Street
File No.11-04-UP-PC
7
1 e. The project has been reviewed by the Fire Marshal, Police Department, Building
2 Official, and Public Works and any requirements have been includes as
3 canditions of approvaL -
4 f: The project is required to comply with �II federal, state and local laws.
5 '
6 6. The proposed project is exempt from the provisions of the California Environmental
7 Quality Act (CEQA} pursuant to Section 15303 (c), New Construction and Conversion of
8 Small Structures, which allows structures up ta 10,000 square feet in urbanized areas
9 when the use does not involve significant amounts of hazardaus materials, where all
10 necessary public services and facilities are available, and the surrounding area is not
11 environmentally sensitive based on the following:
12
13 a. The total building square faotage is 4,450 square feet.
14 b. The business does not use hazardous materials.
15 c. The location is not environmentally sensitive and na drainage courses or bodies
16 of water(such as creeks or streams}.
17 The site is developed with an existing building which already has utilities and
18 services available at#he site and no expansian of the existing building footprint is
19 proposed as part of the project.
20
21 7. Notice of the praposed project was provided in the following manner as required by the
22 Zoning Ordinance:
23
24 a posted in three places on the project site on May 27,20�1;
25 b. mailed to property owners within 3Q0 feet of#he project site an May 27, 2011;
26 c. published in the Ukiah Daily Journal on May 29, 2011;
27
28 �
29
3d
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33
34
35
36
37
38
39
40
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42
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48
Dirty Dog Day Care Use Permit
8$4 South State Street
File No. 11-04-UP-PC
8
1
2 ATTACHMENT 2
3
4
5
6
7 DRAFT USE PERMIT CONbITIONS l��APPR�VAL TO ALLOW
8 A DOG DAY CARE FACILITY AT
� 884 South State Street, APN 003-072-Q3
10 FILE N0: 11=Q4-UP-PC
11
12 1. Appraval is granted #or operation of a Dog Day Gare Facility that includes retail sales,
13 dog grooming and dog training classes at 884 South State Street as described in the
14 project descriptian and shown on the plans submitted to the Community Development
15 and Planning Department and date stamped April 12, 2011, except as modified by the
16 following conditions of approval.
17 �
18 2. The use permit is granted to operate a Dog Day Care Facility that includes the following
19 uses
20 a. Dog Day Care for a maximum of 60 dogs;
21 b. Dog Training Classes, and
22 c. Dog Grooming including one self-wash dog statian.
23
24 3. The use permitis granted subject to the following operating characteristics;
25 a. The Doggy Day Care shall operate 6 a.m. to 7 p.m. Monday through Friday and
26 10:00 a.m. to 3:00 p.m. Saturday and Sunday;
27 b. Outside hours for the dogs shall only be between 8:00 a.m. and 6:00 p.m.
28 c. The facility shall have a maximum of four(4)emplayees.
29
30 4. Plans submitted for building permit shall include the following and are subject to staff
31 review and approval:
32
33 a: A site plan that shows#he striped parking in the front of the building.
34 b. Notes on the plans that indicate that the parking spaces designate forthe
35 employees are located at the rear of the site.
36 c. A new solid six foot fence located at the rear of the property, to further separate
37 the adjacent residential uses and the proposed project.
38
39 5. Prior to occupancy the following shall be completed and are subject ta staff approvaL
40
41 a. The broken slats in the existing chain link fence that surrounds the property shall
42 be replaced to provide solid screening, subject to staff review and approval.
43 b. The parking lot shall be striped for (10) ten parking spaces, subject ta staff review
44 and approvaL
45
Dirty Dog Day Care Use Permit
884 South State Street
File No.11-04-UP-PC
9
1 C. The new six foot fence shown on the building permit plans shall be installed,
2 subject to staff review and approvaL
3
4 6. If complaints are received related to noise the business owner shall take measur�s to
5 install sound attenuation devices, subject to staff review and approval.
6
7 7. Prior to installation of any signs, application for and approval of a sign permit from
8 the Planning and Community Develapment Department is required.
9
10 8. No outside display of items shall be permitted.
11
12 From the Buildinq Official ( David Willouqhby 467-5718)
13
14 9. The change of oecupancy to retail will require an accessible entrance ta the building, an
15 accessible bathroom and an accessible counter at the point of sale.
16
17 10. When the tatal construction cost of alterations does not exceed $132, 536.28, then the
18 minimum of 20°Io of-the cost-of canstruction shall be applied#oward removing barrier and
19 increasing aeeessibility to the existing building and the facility The order of
20 improvements to be made is as follows:
21 1. accessible entrance
22 2. accessible route to the altered area
23 3. accessible restroom
24 4. accessible teleph'anes
25 5. accessible drinking fountains
26 6. accessible parking
27
28 11. If the total construction cost of the alteration exceeds the above threshold then all
29 requirements far accessibility shall camply with the requirements of Division I for new
30 buildings.
31
32 From the Public Works Department ( Ben Kaqeyama 463-6284)
33
34 12. The existing sanitary sewer lateral shall be tested in accordance with City of Ukiah
35 Ordinance No. 1105, and-repaired or replace if required.
36 Applicable City of Ukiah sewer connection fees shall be paid at the time of building
37 permit issuance.
38
39 If the building permit value is equal to or greater than one-third of the value of the
40 existing structure, curb, gutter, sidewalk, and street trees, along the subject property
41 street frontage will be evaluated, and may be required ta be constructed upgraded
42 pursuant to Section 9187 of Ukiah Gity Code.
43
44
45
46
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48
Dirty Dog Day Care Use Permit
884 South State Street
File No.11-04-UP-PC
10
7
3
1 Standard Citv Conditions of Approval
2
3 13: Business operations shail not commence until all permits required for the approved use,
: 4 including but not limited to business license, tenant impravement building permit, have
: 5 been applied for and issuedlfinaled.
; 6
7 14. No permit or entitlement shall be deemed effective unless and until all fees and charges
8 applicabie to this application and`these conditions of approval have been paid in fulL
9
10 15. The property owner shall obtain and maintain any permit or approval required by law,
11 regulation, specification or ordinance of the City of Ukiah and other Local, State, or
12 Federal agencies as applicable. All construction shall camply with all fire, building,
13 electric, plumbing, occupancy, and structural laws, regulatians, and ordinances in '
14 effect at the time the Building Permit is approved and issued.
15
16 16. A copy af all conditions of this Use Permit shall be provided to and be binding upon
17 any future purchaser, tenant, or other party of interest.
18
19 17.All conditions of approval that do not contain specific completion periods shall be
20 complet�d priorto building permit final.
21 •
22 18. This Use Permit may be revoked through the City's revocation pracess if the approved
23 project related to this Permit is nat being conducted in compliance with these stipulations
24 and conditions of approval; ar 'if the project is not established within two years of the
25 effective date of this approval; or if the established use far which the permit was granted
26 has ceased or has been suspended for 24 con�ecutive months.
27
28 21. This approval is contingent upon agreement of the applicant and property owner and
29 their agents, successors and heirs to defend, indemnify, release and hold harmless the
30 City, its agents, officers, attorneys, employees, boards and commissions from any claim,
31 action or proceeding brought against any of the foregoing individuals or entities, the
32 purpose of which is to attack, set aside, void or annul the approvat of this application.
33 This indemnification shall include, but not be limited to, damages, costs, expenses,
34 attorney fees or expert witness fees that may be asserted by any person or entity,
35 including #he applicant, arising out-of or in-connection with the-City's action -an this
36 application, whether or not there is concurrent passive or active negligence on the part
37 of the City. If, for any reason any portian of this indemnification agreement is held to be
38 void or unenforceable by a court of competent jurisdiction, the remainder of the
39 agreement shaJl remain in#ull force and effect.
40
41
42
43
44
45
46 S:/planningJplanning commissionjstaff reparts/884 South State Street_11-04 UP-PC(1j
Dirty Dog Day Care Use Permit ,
884 South State Street '
File No.11-04-UP-PC
11
#
;
` �f���h�vt
,
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I plan on opening � 24hr multifac�ted Dog ��,�:
�'c`�'��
��;�,��,��, '
Daycare center with faeilities for training, f�°��
grooming, a self wash dog wash, and a small retail
shap.
The Daycare part of this facflity will be located
within the building, but we will have fenced areas
within the already fenced yard, that the da�gs will
be ratated into throughout the da�. These fences
will be temporary, maveable, fences tha� can be
reconfigured from time to time to aecammodate
increasing nurnbers of dogs as the business grows,
In the evening and ��rly am hours, dogs will
r�main within the building.
We plan on of�ering a supervised, cage free
�nvironment, that �ncaurages positive interaction
between dogs, and d�scourages barking, howiing,
whining and ather dlsruptive behaviors
associated with dogs tha� are put in kennels or left
at horne unsupervised.
The day�are and self w�sh �.og wash will be open
7 days a week, and the grooming shop and retail
S�10�? Wlll b►e a�Je11eC� S C��.�T'S a W�G� 1111t1�1I�T, but
may change to �It the needs af aur customers.
Train�ng of dogs will be done bath wlthin the
facility and in the fenced yard.
We do plan on providing an agility eourse for
teaching agility in �he outside yard at some point.
I bel�eve th�s type of business falls under the pe�
shop f pet services category of uses because like a
pet shop, animals will be supervis�d within the
facility, but at no time kenneled �r c�ged.
The location af this praject lends itself�o this
type of use for th� follawing reasons :
#1 The building it�elf is large enough ta pravide
the n�eded area far all propased ventures
#2 The outside yard are� is large enough to
pravide a slgnlficant buffer zone between the
dayeare and neighbors
#3 The buildin� is located in an �rea t�at lends
itself to mastly C2 and C1 uses, with a �aol sh�p
and mechanic shop next door on the north side, a
lumber shap acrass the street to the ea�t, a gas
station next door across the street to the south
and only one res�dent�al building within 30Q ft to
the rear of the outside y�rd. That residence
currently h�s a large d�g �n �he back yard behind a
woaden fence that borders the property. We plan
an building another waoden fence �etween our
yard and theirs ta further buffer any dog related
naise. We have also spaken to that neighbc�r, and
she has no abjection to our purpased projec�.
#4 We have resea�ched �he best waste
management solutians and have faund a dog
�
r
waste disposal salu��on that disposes of dog
' waste, el�minatfng adar�, and poten�ial fa�° dog
: was�e related env�ronmental problems. Please see
atta�hed specs for `°The powerlao pet waste
mana�ement system".
#5 O:ur locatian is convenlently located reducing
�he distance people need to drive to drop off�heir
pe�s, �'�t�.UC111g c�t,1tC1 T'e�c1tCC� eYT11SS1+0I1S iTl ��"l� Clt�' t��
IJkiah.
#b Da �o the large amount af potential
customers in the arear it is likely that we will need
ta hire more staff af�er a short period of�ime
cre�ting jobs for th� community.
Thank You for your consideration,
Sincerely, Linda Geurts
Dirty Dag Daycare
Jennifer Faso
From: Jennifer Faso
Sent: Friday, June 03, 2011 12:08 PM
To: Jennifer Faso(jfaso@CityofUkiah.com)
Subject: FW: 888 South State Street
From: l.inda Geurts [mailto:geurtslinda@yahoo.eom]
Sent: Thursday, June 02, 2011 2:55 PM
To: Jennifer Faso '
Subject: Re: 888 South State Street
There will be 1 self wash dog station. The classes will be held Inside most of the time, but could be held
outside if weather permits. I was planning on having group classes 2 or 3x per week once we get going. '
Classes will be held in the evening. Private lessons will be held as the schedule allows, and may take place in '
the evening as well as the daytime hours. These are one on one sessions. Classes may consist of 5 to 10
people at a time but this number can change depending on the amount of customers interested in attending
these courses. The largest piece of Agility equipment stands about 5 ft 7 inches at its peak. We plan on '
screening the front fence so that the public will not be able to see into the yard area from the road.The dags
will never be left alone at any time.
The outside yard will have 6 foot portable fences set up inside the already fenced yard. The fences will be
configured sa that dogs can be separated into small groups. They will be reconfigured from time to time to
meet the needs of a hopefully grawing clientele.
The agility equipment will be portable and set up in the back portion of the yard. This equipment will be stored
in the back part of the building during winter months.
This project includes the following: 24 hr dog care, training classes,self wash station,retail, and grooming
The building is 4,400 sq ft
i
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��� � � � � �'�r�s� �� +�ct��� �+e� � ��ib��r�� ��.� �� ��`
� � � � ����, � �o ��►���
�� f�
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My name is Lin+da �ieu:r�s an�. I �.m planning tQ
o�en a "I)o►ggy �ay �are, �ro►�ming, �rai.�in,g, a�d
Y�.etai� stc�re in Th� old p1�a�.mb�ng bus��.i�g locate�.
' at �8� �,��a�� S�. j,�1�1 �a,
�ur facili� vvill have ���e capacit� tQ �rovi�.�
day�are to app�roximat�ly �0 da,gs per d.a.y.
Our goal �s to pra�ide I.Tl�ia�i� residents w�t�. a
safe, fun, place �01ea�e their 4 legged �amily
rnembers during the day, vvhen they car� n.ot be
hame wi� the�n.
We ar� not a bc�ar�ling faci�i�y, and na dags will
be haused duri.ng ev�ning hour�, t�e c�o plan on
+operating trainir�:g ciass d�ring t�e evening, but it
�wi�l be held indt�ors.
We look for�vard ta providing the +�c�m�r.�u�.�ty of
� �ah a ane stop, �nul�i�'acet�d , p+et care facil�t�.
P�ease contact us re�arding an� cc�n�cern:s or
ques�ions you n�ay have. We appreciate �n�:r
input. Than.i� You, Li�da �+�u�-ts
Ov��ner: Dirty Dog Da�care and trai�lin.g
Phane: 707-293-3 99�
� a�.�
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1 '
t Planning and Community Development Department
� 300Seminary Avenue
tJkiah,CA 954�2
planninq @citvofukiah.com
(707)463-6203
2
3 DATE: January 31, 2Q11
4
5 TO: 884 South State Street Property File
6
7 FROM: Charley Stump, Director of Planning and Community Development��'�'"
8
9 SUBJECT: Determination of Appropriate Use for a Doggy Daycare at 884 South State
10 Street, APN 003-072-03
11
12
13 The property located at 884 South Street (northwest corner of South State Street and Luce
14 Avenue) is zoned Community Commercial (C-1). The allowed uses (section 9081) and
15 permitted uses (section 9082) do not specifically list "doggy daycare" as an allowed or permitted
16 use. Doggy daycare is also not included in the definitian of "pet services," "pet shop," or
17 °`kennel."
18
19 Zoning ardinance section 9088, Determination of Appropriate Use, allows the Planning Directar
2o to determine if the use is appropriate for the Zoning District, either as a right or subject to a use
21 permit. /n making the determination, the Planning Directar shall find as fo/%ws:
22
23 1. That the use would not be incompatible with other existing or allowed uses in the C-i
24 2oning�istrict '
25
26 2. That the use would not be detrimentaJ to the continuing development of the area in
27 which the use wovld be located.
28
29 3. ln the case of determining that a use not articulated as an atlowed or permitted use
30 could be established with the seeuring of a use permit, the Planning Directar shall find
31 that the proposed use is similar in nature and infensity to the uses listed as permitted
32 uses.Al1 determinations of the Planning Director regarding whether a use can be
33 allowed or permitfed in the Community Cammercial(C-1)Zoning District shall be final
34 unless a written appeat to the City Council, stating the reasons for the appeal, and the
35 appeal fee, if any, established from time to time by City Council resolution, is filed with -
36 the City Clerk within ten (i0)days of the date the decision was made.Appeals may be
37 filed by an applicant or any interested party. The City Council shatl conduct a duly
38 noticed public hearing on the appeal in accordance to the applicab/e procedures as set
39 forth in this Chapter.At the c%se af the pubtic hearing, #he City Council may affirm,
4o reverse, revise or modify the appealed decision of the Planning Director. All Cify Council
41 decisions on appeals of the Planning Director's actians are final for the City. (Ord. 1006,
42 §1, adopted 1998)
43
884 South State Street
APN Ob3-072-03
Determination of Appropriate Use-Doggy Daycare
January 31,2011
1
#
j
� �
c :
1 Findings for Determination of Appropriate Use. Operating a Doggy Daycare with ancillary
2 retail sales, self wash, dog groaming, and dog training at 884 South State Street has been
3 determined to be apprapriate as a permitted use, subject to Planning Commission approval of a
4 use permit, based on the following.
5
; 6 Finding 1. Properties zoned C-1 are located to the north(West Coast Mufflers, Fastenal) of
7 the site. Properties zoned Heavy Cammercial (C-2) are located ta the south (convenience
8 market and gas station}on South State Street and east(vacant Ukiah Valley Lumber,an '
9 auto detailing business, and smog shop) of the site. The proposed use would nat be
10 incompatible with the existing auto oriented businesses (smog shop, gas station,muffler
11 shop} in the immediate area. These uses also required use permits to ensure compatibility
12 with surrounding uses and to address any impacts associated with the use.
13
14 The doggy daycare would include a retail camponent. This is an allowed use (no use permit ` ' "'" " '
15 required) in the C-1�zone.
16
17 Like other uses in the immediate area operating under a use permit, the use permit would
1s address any-impacts associated with the use: Assuch, the use would not be incompatible
19 with existing or allowed use in the C-1 zoning district.
�o
21 Finding 2. The building in which the use would be located has been vacant for two years.
22 Occupancy of the building may reduce#he oppartunity for graffiti, vandalism, blight to occur
23 to the siteCbuilding/neighborhood. The properties immediately to the south and east are
24 zoned G2. In the C-2 zone, kennels, pet shops and pet services are allowed (no use
25 permit required). The zoning ordinance includes the follawing definitions:
26
27 ■ KenneL Any lot, building, structure, or premises whereon orwherein five(5)or more
28 dags or five(5)or more cats, over the age of four(4)months are kept or maintained for
29 any purpose. Kennel definition shall not be construed as applying to a duly licensed
30 veterinary haspita/or pub/ic animal shelter.
31
32 ■ Pet Services: Retail services and grooming of dogs,cats, birds,fish, and similar small
33 animals customarily used as household pets.Typical uses include pet stores, or pet
34 grooming shops, with no facilities for boarding of pets.
35
36 ■ Pet Shop: Any indoar baarding and sale of dogs,cats, birds, fish, reptiles, and other
37 small:animals. Pet shop definition shall nat be construed as applying to a duly licensed
38 veterinary hospital or public animal shelter.
39
4o Since the above uses are already allowed by right in the immediate area and any impacts
41 related to the use can be controlled through the use permit, the use would nat be
42 detrimental to the cantinuing development af the area.
43
44 Finding 3. Veterinarians are a permitted use in the Community Commercial (C-1) zaning
45 district pursuant to section 9081. Zoning ordinance sectian 9278 defines veterinary office or
46 services as medical care for dogs, cats, birds, horses, and other animals which may or may
47 not reguire an overnight treatment on the premises.
48
884 SouthState Street
APN 003-072-03
Determination of Appropriate Use-Doggy Daycare
January 31,2011
2
1 Veterinary offices are typically open Manday through Saturday and often provide vaccination
2 clinics and after hours emergency service. The hours proposed for the Doggy Daycare are
3 similar to the hours for a veterinary officelservice with the exception of the proposed start
4�� time of 6 a.m. Monday through Friday and Sunday hours from 10 a.m. to 3 p.m. However, if '
; 5 is possib(e that a veterinary affice would be open early ar on Sunday far a vaccination cfinic '
6 or to provide emergency service. The use permit process can address whether ar not the
� proposed hours of operatian for the doggy daycare are apprapriate just as they would be
S addressed as part of the use permit required for a veterinary office.
9
10 Zoning ardinance section 9278 defines pet services as retai!services and grooming of dogs,
11 cats, birds, fish,and similar small animals eustom�rily used as household pets. Typica!uses
12 include pet stores, or pet grooming shops, wlth no facilities for boardfng of pefs. This use is
13 nat listed as allowed or permiftad in C-1. However, this is similar and likely to be a less '
14 intensive use that a veterinary office, which is a`permitted use in C-1.
15
16 In the case of the proposed doggy daycare, these uses would be ancillary to the primary
17 doggy daycare use and wauld likely be provided to customers that utilize the doggy daycare '
18 services, as well as customers that patronize the business only far these services. '
19
2o Retail sales of pet products that do not include the sales of pets themselves would be
21 considered retail sales, an allowed use (no use permit required) in the C-1 zaning district.
22 This use would be considered ancillary to the primary doggy daycare use of the site. It is
23 likelythat customers af the doggy daycare would also purchase pet products from this
24 business as would other customers that do not utilize the doggy daycare service.
25
26 Attachment:
27
28 1. Project Description date stamped January 25, 2011
29
30 '
31 S:planningldeterminations-planning director/884 south state_doggy daycare
884 South State Street
APN 003-072-03 '
Determination of Appropriate Use-Doggy Daycare
January 31,2011 '
3
N� "
, �, r , ��'{���1Cifl�`�lt �'
9'
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I �s� t�► c� en �. �ag �ycar� with
� �
gr�oming sho�a, retail p�t su��aly stt�re, an+d dog
�rairun classes� in th+� buildi�.g located at 8S4
�
South Stat� st. ,
'V�1� �ill be o en 7 days a vveek i�itia�ll�, with
�
� eration �o�rs f�om ��n�. to 6pm, lt�onday
p �
thrau Fri�lay, and 1 Uam tc� �prn�. an Sa.turday a.nd
�
��n�.ay. �
I believe thi� ��e of fa�cility would �'all under
the et shop 1 pet servic�s categ��y of uses, sin�e
p + . . , , .
we vvill not prQV�de �acilltzes for �he boarding of
pets +�n ar� ove�ught basis.
We �vil� b� canstru.cting several fenced in
areas in the outside �ar�. so that dogs can go in
and out as they d�sire. I3ogs will b� supervised b�r
staff at all times, and all dogs will be kept vvithin
th� building until 8a�.
We s oke to the su�rrounding �eig�bars an�.
�
business o�vners ir� th� area and received�only
P
ositive feed ba+ck in regards to t�.is proj ect.
I �.ncluded a �o�►y of the flier � left w1t�i the
neighbars.
Tl�a ou for our time, ��
� � JAN 2� 2.Qii
I�inda +�r�u�s
�;N���
�„�,����
.�n�-e�l �- � i��,Q.,��� ��� �.��,�-�.�-�- .� Q� .�
i r.�
:.f r �. � � �... .
� . � Q � ��..� ...
�' S ��1� � C�Y' �.o �`
��.� �o�.�, �
o��. ,
I��Iy narr�e is Linda �eur�s an�l I �.m pla�ing to
o�en a "D�oggY �ay �are, �'rrt�€�ming, �ra�nin,g, and
Ret�.il sto�e in The old p1�b�ng �ui�di�.g locate�.
at 88� S,State st. LTklah Ca,
Our facility wi11 have tl�e capacity to �r��ic�e
daycare to app�roxi�nately 60 do�s p►er day.
Our goal �s �o provi�le LTl�iah reside�ts w�t� a
��.fe, fun, place �a ��a�e their 4 legged family
rner�bers during the +day, v�hen they car� not be
hom� �vi� th��rn.
�Ve are no►t � l�oarding faci�ifiy, and na dc�gs will
be housed during evening hou.r�. �e �.o plan on
aperating �rain�ng class during tl�e eveni�g, but i�
wi�l b� held indoors.
W e loo� forv�rard to provid.ing the �o�r�un�ty of
I:T��ah a one stop, multifacet�d , �aet care facil�t�.
P�ease cantact us regar�d.i�g any cancerns or
questions �ou may h�.ve. �e appreciate your
input. Thank 'You, Li�.da �'reurts
Ovv�ner: Dirt.y Dag IJaycare and trair�ing
Phone: 707-2�3-3 993
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