HomeMy WebLinkAbout06102015 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
7une 10, 2015
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 WATT, HILLIKER,
CHRISTENSEN, CHAIR WHETZEL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the following meeting are included for review and approval:
A. May 27, 2015
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for
everyone to be heard, please limit your comments to three (3) minutes per
person and not more than ten (10) minutes per subject. The Brown Act
regulations do not allow action to be taken on audience comments.
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary
planning permits are final unless a written appeal, stating the reasons for the
appeal, is filed with the City Clerk within ten (10) days of the date the decision
was made. An interested party may appeal only if he or she appeared and
stated his or her position during the hearing on the decision from which the
appeal is taken. For items on this agenda, the appeal must be received by 7une
22, 2015 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
A. The Pub Use Permit, 585 N. State Street (File No. 12-11 UP).
Consideration and possible action of a request for approval of a Major Use
Permit to allow live entertainment and special events at the Pub at 585 N.
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.
State Street.
B. Ford Street Program (File No. 907 UP) Ford Street Project (FSP) is
requesting to consolidate '�like programs" into one master Use Permit to
better utilize the two existing campuses. There is no additional square
footage being proposed.
10. PLANNING DIRECTOR'S REPORT
11. PLANNING COMMISSIONERS' REPORT
12. ADJOURNMENT
Americans with Disabilities Act Accommodations. Please be advised that the City needs to be notified 72 hours in advance of a
meeting if any specific accommodations or interpreter services are needed in order for you to attend.The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please call (707)
463-6752 or(707)463-6207 to arrange accommodations.
1 UKIAH PLANNING COMMISSION
2 May 27, 2015
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Mike Whetzel, Chair
7 Christopher Watt
8 Mark Hilliker
9 Laura Christensen
10
11 STAFF PRESENT OTHERS PRESENT
12 Charley Stump, Planning Director Listed below, Respectively
13 Kevin Thompson, Principal Planner
14 Michelle Johnson, Assistant Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at
19 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
20
21 2. ROLL CALL
22
23 3. PLEDGE OF ALLEGIANCE - Everyone cited.
24
25 4. APPROVAL OF MINUTES —The minutes from the May 13, 2015 meeting are included for review
26 and approval.
27
28 Commissioner Watt made the following correction:
29
30 Page 6, line 3, term `detector' should read, `interceptor.'
31
32 M/S Hilliker/Christensen to approve May 13, 2015 minutes, as amended. Motion carried (4-0).
33
34 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
35
36 6. APPEAL PROCESS — Chair Whetzel read the appeal process. For matters heard at this
37 meeting, the final date to appeal is June 8, 2015.
38
39 7. SITE VISIT VERIFICATION - Confirmed by Commission.
40
41 8. VERIFICATION OF NOTICE- Confirmed by staff.
42
43 9. PUBLIC HEARING
44 9A. The PUB Use Permit, 585 N. State Street (File No. 12-11 UP). Consideration and possible
45 action of a request for approval of a Major Use Permit to allow live entertainment and special
46 events at the Pub at 585 N. State Street.
47
48 Assistant Planner Johnson gave a staff report:
49 • A description of what an approved use permit would allow is provided for on pages 1 and 2 of the
50 staff report.
51 • Provided background information related to The PUB being able to obtain an ABC license for live
52 music as specifically addressed on page 2 of the staff report.
53 • There are three issues associated with the proposed project and they include:
54 1) Parking—(Staff report, page 3, Table 2: Vehicle Parking)
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 1
1 Staff analysis for the use permit concludes the site contains five onsite parking spaces. Although
2 not counted toward the parking requirements, on street parking is available. The applicants have
3 an agreement with Ukiah Credit Bureau to provide 20 overflow parking spaces for patrons after
4 business hours. A draft condition of approval has been added to ensure that overflow parking for
5 The PUB continues to be provided.
6
7 2) Landscaping—(Staff report, pages 3 &4, Table 2, Landscaping)
8 Staff concludes the reduction in landscaping is reasonable/warranted and has provided a draft
9 finding to support the reduction.
10
11 3) Noise — (Staff report, pages 4 thru 6, Staff analysis related to Use Permit findings concerning
12 Noise)
13 Staff has received additional correspondence (4) concerning the proposed Use Permit that are
14 incorporated into the minutes as attachment 1.
15
16 The applicanYs Management/Security Plan is provided for in attachment 4 of the staff report.
17
18 Ukiah Police Department comments concerning live music at The PUB is provided for in
19 attachment 6 of the staff report.
20
21 Project conditions of approval#16 thru #20 are from the Ukiah Police Department.
22
23 Staff focused on the issue of noise as specifically provided for in project conditions of approval
24 #2, #3 and #10.
25
26 • Public correspondence and signed petitions represent those persons in support of the project as
27 provided for in attachment 5 of the staff report.
28 • Staff recommends approval of the proposed project based upon the findings in attachment 1 and
29 subject to the conditions of approval in attachment 2 of the staff report.
30
31 Commissioner Hilliker:
32 • The PUB proposes to have live music on Friday and Saturday nights between the hours of 7:00
33 p.m. and 12:00 a.m. and karaoke/open mic on Tuesday evenings from 7:00 p.m. to 10:00 p.m.
34 and requested clarification if 12:00 a.m. is closure time for the establishment or just for the live
35 music?
36 • Condition of Approval #21, states, `At no time shall there be more than 19 people dining or
37 assembling on the second floor deck unless details and calculations showing that the deck meets
38 the minimum requirements of the 2010 California Building Code for floor loads and seismic
39 bracing are submitted to the Building Official for review and approval,' and noted to his knowledge
40 The PUB has no second floor.
41
42 Commissioner Christensen:
43 • Asked about whether there is a `formal' agreement with the Ukiah Credit Bureau for the overflow
44 parking, is a verbal agreement sufficient or does this agreement have to be part of the conditions
45 of approval?
46 • Asked what would occur in the event the Ukiah Credit Bureau revoked the parking lot agreement
47 and does this negate the use permit?
48 • Requested clarification the signage directing customers to overflow parking lot is temporary and
49 only used when there is an event?
50 • Noted a discrepancy in The PUB's Management Plan where the owner specifies a 30-day
51 minimum noticing period for events and the police department requires a 45-day minimum
52 noticing period and is the procedure to default to the police department requirement?
53 • Related to bike parking requested clarification staff analysis in the staff report indicates three
54 bicycle parking spaces are required for the project and condition of approval #14 says four bike
55 accommodations must be installed.
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 2
1 Commissioner Watt:
2 • Referred to page 1 of the staff report and whether the subject matter contained in line 36 is a
3 continuation of the same for line 35 and a separate bullet point?
4 • Related to the 20 overflow vehicle parking spaces at Ukiah Credit Bureau would like to see a
5 formal legal written agreement that establishes the right to park and provides the necessary
6 provisions for insurance that references the permit.
7 • Related to the parking signs, is of the opinion the more noticing to direct attendees for an event
8 the better and recommends making the noticing/advertising of an event a condition of approval as
9 a measure to reduce traffic problems in the area.
10 • Referred to page 3 of the staff report, Table 2, bike parking, zoning ordinance requirement, and
11 noted the quote/sentence from the zoning code section is not complete.
12 • Referred to page 5 of the staff report, noise, staff's evaluation asked for clarification regarding the
13 contents of the sentence that reads, `The Noise Ordinance has lower noise standards for the R3
14 district than the C1 district. In order to avoid a conflict with the noise regulations for the R3 zoning
15 district, a condition of approval has been included that does not allow amplified music after 7:00
16 p.m. and requires exterior doors to be closed when live entertainment is being performed in The
17 PUB.'
18 • Related to the noise issue for the proposed project and the recently approved Wool Mill project
19 that had noise concerns where attention to complaints is `complaint driven' and is of the opinion
20 this scenario is pretty much the same for The PUB project. The way the project is conditioned,
21 complaints would be cause for possible revocation of the use permit where the Planning Director
22 or Planning Commission would have to find a solution. How is the owner of The PUB going to
23 effectively manage the establishment to make certain it is in compliance with the Noise Ordinance
24 because the way it is now if any one calls to complain which people opposed to the project might
25 do, would mean The PUB is in violation of the Noise Ordinance. To this end, The PUB may not
26 have violated the Noise Ordinance at all. Essentially we are setting The PUB up to be subject to
27 complaints requiring the project be brought back for further review even though there may be no
28 actual measurement that says the establishment has actually exceeded the ambient noise level
29 and/or violated the Noise Ordinance. There may be an alternative solution other than complaints
30 being `complaint driven.'
31
32 Chair Whetzel:
33 • Do we have information about the number of police response calls to The PUB for last year or
34 this year? Is there a way to find out this information? Condition of Approval #18 states, As a
35 condition of any use permit granted, if the live entertainment or cover charge events cause the
36 need for a police response more than two times in a calendar year, the permit holder will be
37 required to thereafter submit a security plan to the Ukiah Police Department for approval a
38 minimum of 45 days prior to any future events.' It is likely The PUB will get called more than two
39 times a year so the owner might as well submit a security plan.
40 • Is attachment 4 a security plan or a management plan?
41 • Requested clarification noticing for an event requires a minimum of 30 or 45 days.
42
43 Assistant Planner Johnson:
44 • The conditions of approval as they relate to live music for the proposed project were based upon
45 other establishments/facilities that have an approved use permit for live music, such as `The
46 Office.'
47 • The intent for the 12:00 a.m. closure time for the establishment after the live music is due to
48 neighborhood concerns about patrons congregating outside the building and making noise by
49 continuing to party outside. Condition of Approval#7 states, 'The PUB shall be open no later than
50 midnight on nights with live entertainment.' Condition of Approval #11 states, `In order to reduce
51 noise and loitering within the parking lot, at the close of business each night The PUB
52 owners/staff shall ensure that their patrons have left the site by 12:30 a.m. each night.'
53 • The aforementioned conditions of Approval are intended to respect the concerns of the neighbors
54 related to noise.
55 • The PUB has confirmed the building does not have a second story.
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 3
1 • The Planning Commission can ask for a formal overflow parking agreement or base the
2 agreement by way of conditions of approval.
3 • Confirmed revocation of the parking lot agreement would be a violation of the use permit as
4 specified in project condition of approval#5.
5 • Confirmed the parking lot sign is temporary for event purposes to direct patrons so they will not
6 be driving up and down Clara Avenue looking for parking and disrupting the neighborhood. The
7 sign will be put up and removed after an event.
8 • Confirmed default to police department 45-day minimum noticing requirement.
9 • Confirmed three bicycle parking spaces are required.
10 • Confirmed line 35 is specific to Special Events which may or may not include live music. As such,
11 line 35 bullet point says, `Special events such as fundraisers, non-profit events and private
12 dinners would occur inside,' and Line 36 bullet point says, `The PUB may or may not include live
13 music and would occur Saturdays or Sundays 1:00 p.m. to 7:00 p.m.'
14 • Related to bike parking, zoning ordinance, the requirement concerning section 9086 E is straight
15 out of the zoning code.
16 • Related to page 5 of the staff report noise, sentence should read, `.........conditional of approval
17 has been included that does allow amplified music....'
18 • Referred to Condition of Approval #10 that says the use permit is to be reviewed within 12
19 months of issuance by the Planning Director to determine compliance with the conditions of
20 approval, the number of police calls and amount of police staff time associated with use permit,
21 and any complaints received. The Planning Commission could condition the project that review
22 be driven by police complaints/police calls rather than public complaints. Public complaints where
23 a person who does not like the project continually calls can essentially become a nuisance when
24 there may be no actual problem.
25 • Staff has no updated information relative to number of police calls to The PUB other than the
26 actual ABC licensing condition prohibiting live music. The police department reported problems
27 associated with live music, but no information was given regarding the number of calls.
28 • The applicanUowner did provide a security plan where staff had some concerns in this regard. As
29 noted above, the Police Department submitted project comments as provided for in attachment 6.
30 Item #2 of this attachment states, `As a condition of any use permit granted the applicant have a
31 written Security Plan in place that meets the approval of the Ukiah Police Department.' The owner
32 has indicated the Security Plan is his Management Plan as provided for in attachment 4.
33 Confirmed attachment 4 is a management plan. The Police Department wants to make certain
34 that in the event of a problem, the correct protocol is in place. If the Planning Commission has
35 other concerns or wants more information in the management plan a condition of approval can be
36 made in this regard for the Ukiah Police Department review and approval. The police department
37 has made no comments related to the management plan in attachment 4 to make certain
38 everything that needs to be covered by way of protocol is in this plan.
39 • Confirmed a minimum 45 day noticing period is required as requested by the police department.
40
41 Commissioner Watt:
42 • Supports a condition of approval that the applicant submits a security plan to the Ukiah Police
43 Department for approval.
44 • Is of the opinion having a security plan upfront makes sense as there may be information within
45 this plan that may affect the Planning Commission's decision.
46 • Understands the reason for the 45-day advance noticing period for an event so the Ukiah Police
47 Department can give the applicant 30 days' notice to make changes to the schedule for an event
48 if this becomes necessary.
49 • Does support the project, but is of the opinion a few issues need to be better clarified, i.e., the
50 security plan that addresses noise and/or other issues and the parking agreement with Ukiah
51 Credit Bureau.
52
53 Principal Planner Thompson:
54 • The Ukiah Police Department is requesting a security management plan and as Assistant
55 Planner Johnson indicated prior to any events occurring we would want to hear from the police
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 4
1 department that they are satisfied with what is in this plan. To date, staff has not received this
2 confirmation from the police department that the security management plan is adequate. It is
3 likely the police department will ask for a more formal and detailed plan that more appropriately
4 addresses the events and how best to manage them.
5
6 Chair Whetzel:
7 • Is of the opinion the Planning Commission is not informed enough to make a sound decision
8 about the proposed use permit without a security plan in place that the police department needs
9 to approve.
10 • The Planning Commission has no knowledge whether the police department has the
11 management plan. It is his understanding the police department has not said `yes' or `no' to the
12 plan.
13 • Inquired why the Planning Commission is being asked to review the proposed project without an
14 approved management plan in place.
15
16 Assistant Planner Johnson:
17 • Based upon the management plan in attachment 4, asked what the Commission would like
18 added?
19 • Acknowledged the police department has not responded to the management plan submitted by
20 the applicant.
21 • Asked if the Planning Commission wants to include a condition of approval based upon approval
22 of the management plan by the Ukiah Police Department?
23
24 Chair Whetzel:
25 • Would be nice to see something in writing about the management plan and there is the still the
26 issue of having a formal and legal parking agreement between The PUB and the Ukiah Credit
27 Bureau concerning overflow parking. Is of the opinion without the aforementioned information the
28 Planning Commission cannot approve the project tonight.
29 • The intent is not to place a burden on the business, but emphasized the importance that the
30 Planning Commission has all the material/information available to make an informed decision
31 about the proposed use permit project. It would be beneficial in terms of decision making to
32 have an approved security plan in place. As it is now, the Planning Commission would not see
33 an approved security plan but rather potentially consider and approve the project on the premise
34 that an appropriate security plan would be accepted by the Ukiah Police Department.
35 • Has no problem with noise inside the building but rather outside the building.
36 • Related to the condition of approval from the Ukiah Police Department that says for live
37 entertainment or cover charge events that the need for a police response can be no more than
38 two times in a calendar year where an approved security plan would need to be in place.
39 • Asked about the likelihood of having a special event and live music at night on the same day.
40 • Related to maximum building occupancy of 98 persons and how the applicants plan to address
41 this matter for compliance with the requirement?
42 • Supports approval of the project, but needs more information about the security plan and
43 overflow parking accommodations.
44
45 Commissioner Hilliker:
46 • Has experience formerly working as security for some bar establishments in Ukiah and recalled
47 that no `real' security plan was in place for these establishments. If some type problem and/or
48 noise problems occurred, security would assess the situation and do what was necessary to
49 resolve the problem whether it was asking people to quiet down or leave and/or some other
50 resolution. This approach was without incident in most all cases so related to The PUB situation
51 has no knowledge whether or not there has been incident(s) creating a need for a security plan
52 to be in place that the Ukiah Police Department is now requiring.
53 • Would like to see a security plan for the proposed project if the police as a condition of any use
54 permit granted the applicant have a written security plan in place that meets the approval of the
55 Ukiah Police Department.
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 5
1 • Is of the opinion the management plan as provided for in attachment 4 is inadequate.
2 • Notes there is no one present from the Ukiah Police Department to comment on the project
3 requiring approval of security plan.
4 • Related to the matter of requiring a 30 day minimum noticing period for events is more
5 reasonable than the required 45 days.
6 • Related to a special event such as a wake that may desire to have live music that happens to fall
7 the same week as the twice-a-month live music event, is this acceptable to have two live music
8 events in one week or does one preclude the other?
9
10 Commissioner Christensen:
11 • Agrees with Ukiah Police Department Captain Taylor's approach with regard to comment #2 of
12 attachment 6 that states, `As a condition of any use permit granted the applicant have a written
13 Security Plan in place that meets the approval of the Ukiah Police Department.'
14 • Is of the opinion a 45-day advance noticing period to the Ukiah Policy Department advising of an
15 upcoming event is a long time.
16
17 PUBLIC HEARING OPENED: 6:35 p.m.
18
19 Don Delahoyde, Building owner of The PUB Sports Bar/Five Star Catering/Tognol's Restaurant
20 and business owner of Five Star Catering:
21 • Has been in the restaurant/bar business for over 30 years and as such is very experienced and
22 understands how bar establishments are managed and need to be operated.
23 • Acknowledged that TK Mining was in operation before The PUB Sports Bar and Five Star
24 Catering that this operation was somewhat `out of control' and created incidents/problems for the
25 neighborhood.
26 • Competitively speaking, it has become apparent from an economic perspective in order to stay in
27 business the PUB needs to provide for live entertainment.
28 • Addressed the issue of landscaping and acknowledged landscaping has always been a problem
29 at the site and explained about how the former landscaping was vandalized.
30 • Is of the opinion requiring a 45-day advance noticing period of an event is too long because
31 things and/or schedules change. Would like to give the police department two weeks advance
32 notice of an event because this would work better from a realistic operational standpoint as
33 opposed to a 45-day noticing period.
34 • Confirmed The PUB Sports Bar has always had an agreement with the Ukiah Credit Bureau
35 concerning overflow parking of 20 spaces where The PUB provides liability insurance and cleans
36 up debris after an event use.
37 • Intends to provide an approved sign be posted during events to direct overflow parking to the site.
38 • The PUB would like to have Karaoke/open mic on Tuesday evenings from 7:00 p.m. until 10:00
39 p.m. and permission for special occasion events such as fundraisers, non-profit events and
40 private dinners from 1:00 p.m. thru 7:00 p.m. on Saturdays or Sundays that may or may not
41 include live music.
42 • Addressed the ABC licensing for The PUB Sports Bar that does not currently allow for live
43 entertainment. Since 1994, The PUB ABC license had a condition added that prohibited live
44 music essentially due to complaints of noise, parking and other complaints that involved the
45 Ukiah Police Department. Can affirm this is not the way The PUB operates. Understands The
46 PUB is surrounded by commercial and residential properties where the intent is to be a good
47 neighbor by being very cognizant of potential noise and/or nuisance impacts to the neighborhood.
48 • Related to the issue of noise, would be willing to place a decibel meter inside or outside the
49 building. The PUB will have two security people on hand during the entire live music event. One
50 security person will monitor the front door and the other security person will monitor the crowd.
51 One owner will be present during events.
52 • Related to having an approved security plan acknowledged there will be times that may require a
53 police response but the intent is to have professional security services onsite to address security
54 issues.
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 6
1 • The PUB would not likely be aware of the need for a special event five days ahead of time
2 because of occurrences that are unpredictable such as a person passing away and the need for a
3 wake.
4
5 Staci McGrew, Applicant and owner of The PUB Sports Bar:
6 • Has meet with Captain Taylor of Ukiah Police Department regarding how to effectively manage a
7 bar without incidents since Ukiah has problems with such operations.
8 • Special events are not intended to be a late night time activity. Special events are sometimes
9 difficult for people to plan for because of an unexpected occurrence/situation such as a wake or
10 special fundraising event. Special events likely call for a different type of clientele.
11 • Confirmed it is not the intent of The PUB do have a special event and night live music on the
12 same day. However, again some special events are unforeseen and/or weather driven.
13 • Related to maximum occupancy and for compliance purposes pretty much have to do a head
14 count at the door.
15 • Confirmed is waiting for Ukiah Police Department to review/approve the security plan.
16
17 William Todd:
18 • Resides in the Wagonseller Neighborhood on Clara Avenue.
19 • Is a musician and understands about the noise that can be generated from live music.
20 • Has concerns about noise impacts to the neighborhood not only from amplified music but from
21 bar patrons making noise outside of the bar, and traffic/parking problems on Clara Avenue.
22 • Is of the opinion, allowing for live music is not a good idea because the neighborhood cannot
23 handle the traffic/noise/parking and/or other nuisance problems associated with the proposed
24 project.
25 • Provided a petition containing signatures in the neighborhood concerning the project that is
26 incorporated into the minutes as attachment 2.
27
28 Diana Jeffrey:
29 • Resides on Clara Avenue.
30 • Tends to agree with Mr. Todd on a variety of the issues raised and discussed above.
31 • Wanted to speak on the project so as to secure her right to possibly appeal the project.
32 • Has concern about nuisance-related issues, traffic/parking problems in the neighborhood and
33 noise particularly with the knowledge that live music can be very loud.
34 • Finds the neighborhood to be a lot `more peaceful' than when she first came four years ago and
35 does not want to see this peacefulness compromised with noise and other problems associated
36 with allowing a bar to have live entertainment.
37
38 PUBLIC HEARING CLOSED: 7:03 p.m.
39
40 PUBLIC HEARING REOPENED: 7:03 p.m.
41
42 Diana Jeffrey:
43 • Has knowledge some of the neighbors were not aware of a petition being circulated in the
44 neighborhood about the project and would like more time to be able to talk to persons residing in
45 the neighborhood about the project.
46
47 PUBLIC HEARING CLOSED: 7:05 p.m.
48
49 Commissioner Christensen:
50 • Since the Commission is requesting additional information particularly with regard to a
51 security/management plan should not require more of the applicant than what was required and
52 approved to allow live entertainment at`The Office' as it related to a security/management plan.
53
54
55
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 7
1 Planning Commission consensus:
2 • Need more information about the project to make an informed decision pertinent to an approved
3 security plan and a formal legal document between the applicant and the Ukiah Credit Bureau as
4 it relates to overflow parking for the project that addresses parking and insurance.
5 • Would like to see the security/management plan approved for `The Office' with regard to live
6 entertainment and that the security/management plan for The PUB be no different than that
7 approved for`The Office.'
8
9 M/S Hilliker/Watt to continue PUB Use Permit, 585 N. State Street, File No. 12-11 UP) to a date certain
10 of June 10, 2015 to address the aforementioned requests made by the Planning Commission. Motion
11 carried (4-0).
12
13
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 8
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1
1
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 9
Michelle Johnson
Frnm: JenniferPJlen cwisterarnom�gmail.�oma
Sent: Wednesda�,hAay�7,281.5 d:3.�PM
To� Mi�helle!ohnson
SuhjecS: RE;Tha P�b Fxpansion frOt72 123 ls
T]ear 1�4ieh elle,
As a previous resideut of tlie neigl�4orl�ood kitc}�-eorner lo lhe Puh in thc 600 block of V,Sf�tc,uid uoxv
roccntly rchimuig to th:nc�h'aorJwod in the 141f}block of Clara Ave.immediately bahind thc Pub and Crcdit
Burenu,I must say I tvas c�ui#c rclicucd to find that the Pn6 w�s iin lo��er hn�ling li��e music anrl lhe
neigh}xmhuuS hud yuiclrci ci�iu�n r.(msl[1CIRbI}'-Hott�c��cr,no-u�1 must say 1 u�aa qui[e disappain[sd to read lhe
puhli�no�i�c I,nr�u;ning u,The Puh's*xx{u�st to hayc li1•o music sud karaokc again.
G11n�lilly we i18ve if,4ut},inu�lprev�ler�Llyirn Tn�ln}�nnLl St1SUlCjey�IIl�lts,a2fhouttliclia�c music:yelling,
ti�ting,u�spassi�,pmpert}"velucle da�nage_ie the pos�T rxperienuxl pl�ot tho samc issucs,but inom
ir.tgnsaly an karaeke aud special ti•enne iu�hts ticheo�7e Puh did he�a[livc mus;c��v�,ts,Tn udti�qfln to tha abouc,
I dealt u1t17 diuiilccn Lar patrons dcfccatuig and urinati�yg on es�y pnnl��e�J�r,�r�ring up my gu,x3��s,huVc
"4n�iwhr�ll fight.s":nghrin�in thc middlc of Sistc St,screamiug and sti��earing outside myhedrnam u•iTUL�u,
luking my Fwrk:nb hpul in u gri��atc dri;'eu'ay,cfc,
�suppnrt live mLLSic ve�ue;,hnweWCT they tihi�uld bc a�aproprrrtte vuiucs.4s this ncigl:Uarhoad aim.ac}•has a
high le4el ofuafFic,�rantin�the permit u�ill increase cl�at tralTic cnnndnrHhl}�Hnd ciircc#ly impHCt tlic iuuncciiate
residential nei�bors.such as the residents tvha are u�ithoul dri�eways�m�lssr�.
Grgn#cd,wc can't capoct to-tal}rcax and quict in a doK�n[own nai�,hborhonS.I inwrvnr;[c�i ihink it'S fair c�r
cxpax:4 wmv�c�n6lan�c oipcacx ia N uom¢nunity sucl3 as ours. My praCerence would he that the]ive intisic
pem51L nnl he�,vranlexi Cnr The Puh'4 lne�;un ut Stntc&C:la�.
5}�truld L}se�fermit}re 6TOnlaS re�nilr�y Sif khp incrcwscd#rAffic nnd'u�tcnsiflca problcros witl�baz'pall+ol�3,l d
hope dtere n�auld he a co�«liiinn il��t TLn Puh ir;reyu�*cxl lu hata�rc:tirity outsidc 6oth thc Pub and in and
aronnd the C.��edit Bure:�u parking lo�to diss��de tl�e type ol'hehuVi�m mcntit�n�aktal�c, .4 fair d��ibcl limit
would bc hclpful,mo,
Sinccrcly,
1
1
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 10
Michelle Jahnaan
From: Angel Merdex<mendex.angel_3@yahaa.com>
Sent Wednesday,A�1dy 27,2615 3:54 PM
Ta Michclla Jahrson
Subjask: Pub Prvject-Live m�si:arr�14oraoke
�ear Cily of Ukiah,
I have lived across l�e street from the Pub for the past three year�.
I live in s very quiet neigh6arhoad axcapt during the evening and Gosing hours when I ran hear
pe�ple scresming yelling,and cursing,bottles being thrnwn..and general had 6ehavior from the Puh
palrons. I am not in favor oF the live musiclkaraoke permlt_I believe if they have this permit it would
rnake things warse for the surrounding nelghborhaod,
Thank you.
5incerely,
A.Mendea USN Retlr�d
i
1
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 11
Michelle Johnson
From: kadaanr.e�d4��C9�
Sent: bYBdl'.2iddy,May 27,2015 2=48 PM
70� Mi[Ilelle Jahnson
SuhJ�ek R=:585 North State Street VkialLTho Pub Lrve Ug
7hank yo�M�tlheelle_
�am a hvmeowner at 1�3CIara&dlrectly adjacent ta the credit bureau where the averFlow parking is defined
in the project,i have lived at this location for 30 years arEd f,av��xperienGed th�pU6 a}w�ll as the
pre�iaus 6ar esta6leshment when thQy have held a IFye music license before, this had a h�ege inpaet on nut
residertial neighborhood 6u[h in partiesoutsidethe pubwhere smo6cing weed and consumingalcohol is
eommen place hnth during ewents and after event canclus�on.lour!dr�nk talkingfightingarguingaretF�no�
sevcral times eath week wit#,�utthe live rnusicand increases Sfold when Ikve muslearslmilareventshave
been heid in the pask.l have Ineurredsuhseanrial prnpertyand vehicle damagesdueto hrz and runsvandalism
and many items tassed w+er my fencc including used syringes_
iR ad�rtion there is inadequate parking under normal conditions, some of us in the 10Dnlock of Cl�ra do not
have driveways and find bar patrons ha�.�e taken uN the parking pr�v�ntin�us from parking away{rom aur
residences. the p�lo uehitles also park in front of our residences e�en though they have the eredit hureau
option aMreadyandsometimesthey sit therefordays. in addirion 6efore�n�hen the puh had live music we
requpKTpd srcrity hutwhat the pub pravidedwas�nadequate_ sh441d thi$praje�succ�ed�requestsecrity for
someone in the�redik burQau parking lat farthe duratlon of any ewentan hour after to make sure no after
parties happen. wlthautthisl wilf napd ra call our�otal policeand askthat thcy respond tosomethingthat
the pub could have prcnrented.
I understand there Is a petition in support oftheproject, Iwa�ld Ilkcto know how manyafthose that slgned
live in the 100 61ock or anywNere�hey wUUld 6e directly impacted by noise drunks property darnage and
parking ISSUes.
1 suppar-t live m�slc�n o�r oommunity_ Hawever I feei aur neighbarhaod has a right to some peaee and
quiet. That 6eing said I knowthatthe Ukiah Senio{Genterrents theirhal:fnrevents and they have moretlian
SufFltientparking availdhle, I afFerthis as 2 potentlal salvtian to�onsider asthe Puh wquld als4�egiving ba[k
to the camm�nity 6y supppr#ing s�niors versus facing nega[It�cly impa�ting a we91 esta6lisf�ed nei�hhothoad.
Thankypu
Sh7terely
Anne Cristiani
Senxfram Windows Mail
Fram:M ichelle Johnson
Sent:Wednesday,May 27,2015 2:39 PM
Ta:kadaanne aol.�am
1
1
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 12
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1
2
3
4
5 Break: 7:07 p.m.
6 Reconvene: 7:15 p.m.
7
8 9B. PEP Housing Sun House Senior Affordable Housing Project, 517 S. Main Street (File No.
9 749). Consider recommendation of approval to the City Council of a General Plan Amendment,
10 Planned Development, Rezone and Precise Development Plan. The Rezoning and Precise
11 Development Plan would allow each of the five vacant parcels to be developed with a 42-unit
12 affordable senior project, 1,650 sq. ft. community center, garden and walking trails.
13
14 Commissioner Watt recused himself.
15
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 13
1 Principal Planner Thompson:
2 • Gave a staff report as it relates to the project description and staff's analysis of the project as
3 provided for on pages 1 thru 11 of the staff report.
4 • The DRB reviewed/made comments on the project at the January 8, 2015 and March 3, 2015
5 meetings as provided for in the staff report where some of the comments are reflected in the
6 revised site plans.
7 • The Mendocino Airport Land Use Commission also reviewed the project where the project was
8 found/deemed consistent with the County Land Use Plan.
9 • The proposed project has been publicly noticed twice and no public comments have been
10 received by staff.
11 • The proposed project also seeks relief from parking and parking lot tree shading requirements as
12 specifically addressed in staff's analysis of the project.
13 • Referred to the MND/Initial Environmental Study prepared by staff and corresponding mitigation
14 measures for the PEP Housing Planned Development Rezone and Precise Development Plan
15 and Zoning Ordinance project as provided for in the staff report.
16 • Requests the Planning Commission make a recommendation to City Council to: 1) Adopt a
17 Mitigated Negative Declaration (MND) based on the findings included in attachment 3. 2)Adopt a
18 Resolution amending the General Plan by changing the land use designation of the subject
19 property from Commercial to High Density Residential. 3) Introduce/adopt an Ordinance to
20 rezone the subject property to PD/HDR and establish the PEP Housing Sun House Planned
21 Development and Precise Development Plan.
22
23 Elizabeth Burks, Senior Planner, LACO Associates gave a PowerPoint presentation as it relates to:
24 • Overview relative to project description.
25 • Parking/number of parking spaces based on data and engineer analysis from the Institute of
26 Transportation.
27 • Project benefit to Ukiah's Housing Element.
28 Mary Stompe, Executive Director, PEP Housing:
29 • Gave history of PEP Housing as to building/managing senior housing projects.
30 • PEP currently has/serves affordable senior housing projects in Marin, Sonoma and Butte
31 Counties.
32 • Specifically PEP currently has 16 properties that serve over 450 seniors with another
33 approximate 200 units in pre-construction phase.
34 • Explained the rent structure.
35 • PEP services persons 62 and older and explained how this works with getting `tax credits' for
36 projects.
37 • PEP typically asks for concession/relief for a reduction in parking and explained why.
38
39 Elizabeth Burks:
40 • Explained reason for General Plan amendment to change the land use designation on the site
41 from `Commercial' to 'High Density Residential (HDR)' and Planned Development rezone from C-
42 1 (Community Commercial), C-2 (Heavy Commercial) and `P' (Public) to PD/HDR and
43 corresponding project exceptions as specifically addressed in the staff report.
44 • All five existing parcels will be merged into one parcel.
45 • Addressed parking exception request.
46 • The existing residential unit on the site having no historical significance and is over 50 years old
47 will be demolished so a demolition permit is required.
48 • Acknowledged that the Mendocino Airport Land Use Commission made a determination to
49 recommend approval of the project.
50
51 Bob Hayes, Project Architect, Robert Hayes + Associates gave a PowerPoint presentation/project
52 description:
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 14
1 • Referred to sheet drawing A1.1 of the site plans and gave a project description showing the
2 location of the project components that include:
3 o Three two story apartment buildings, six of the units will be two bedroom and the
4 remaining 36 units will be one bedroom for a total of 42 units.
5 o A Community Center.
6 o The removal of an existing single family residence on the site.
7 o Removal of some trees.
8 o The Planting of new native trees and extensive landscaping.
9 o Parking accommodations.
10 o A pedestrian connection to the Sun House/Grace Hudson Museum.
11 o A public trail from Main Street to the new Rail Trail.
12 o Low Impact Development (LID) drainage features that provide for onsite storm water
13 retention, rain gardens, and natural filtration systems.
14 o Fencing.
15 o New sidewalk along the Cleveland Lane frontage.
16 o Small park.
17 o Internal paths.
18 o Garden area.
19 o Small dog run.
20 • Applicants have worked closely with the Grace Hudson staff, City staff, City DRB to architecturally
21 integrate the design of the project in keeping with the character/theme/craftsmanship of the Sun
22 House and Grace Hudson Museum to incorporate many of the architectural features found on
23 these historical buildings, including materials, roof pitch and colors.
24 • Talked about the site configuration/layout, building orientation, pedestrian circulation, floor/roof
25 plans, building elements, exterior elevations for the buildings and corresponding street frontages
26 as shown on the site plans.
27 • Talked about the materials/treatments and some about the color palates for the buildings.
28
29 Chair Whetzel:
30 • Requested clarification there will be no fence between the Sun House/Grace Hudson Museum
31 property and the PEP property?
32
33 Bob Hayes:
34 • Confirmed there will be a fence and that the landscape architect can more appropriately elaborate
35 on this matter.
36
37 Elizabeth Burks:
38 • Talked about the strategies taken/design concepts concerning storm water retention in
39 connection with LID drainage features with integration of bio-swales and corresponding
40 landscaping to address drainage for the project site.
41
42 Ann Baker, Project Landscape Architect, Ann Baker Landscape Architecture:
43 • Referred to the landscape plans and talked about how the buildings are `stepped-back' some
44 from the street having a nice articulation and allows for more landscaping opportunities.
45 • The intent with the project is to provide for a `campus-like feel' that incorporates an agrarian and
46 natural characteristic design with regard to the landscaping, species selection and garden areas.
47 • Demonstrated on the landscape plans the location of the different tree species such as the
48 Redwoods, Cottonwoods, Huckleberry, and/or other tree species and vegetation where the intent
49 was to include landscaping in keeping with the historical theme of the Sun House/Grace
50 Museum property.
51 • Talked about the fencing type and location, the parking lot and paving materials, landscaping for
52 the interior of the property that includes a small apple orchard, location of peach trees,
53 persimmon trees that are around the community center, rain gardens, the screening of the
54 property with native shrubs and how this would work along the street frontages and perimeter of
55 the property, drainage/water retention system areas, and location of grass/grassy areas.
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 15
1 • Talked about the tree species and location of trees that will be removed and/or are not doing well
2 of which there are few. The Walnut trees will be retained. 32 large trees and 24 smaller trees will
3 be planted on the site.
4 • Showed location of the proposed arbor as a landscaping accent design feature.
5 • Discussed the aggregate materials selected for the pedestrian pathways.
6
7 Chair Whetzel:
8 • Asked about the location of the Redwoods.
9 • Inquired whether there were other choices other than Redwoods as an alternative tree species.
10 Is of the opinion Redwoods typically do not do well in an urban environment.
11 • Asked about the two Redwoods proposed near the parking area. Preference would be to change
12 out the Redwood trees in the parking lot area to another species as suggested by the landscape
13 architect because the Redwoods would not get enough water in the proposed location.
14
15 Commissioner Hilliker:
16 • Walked the fence line and noted the location where there are Pine trees and Redwood trees near
17 the Sun House/Grace Hudson Museum property and would these Pine trees be retained?
18 • Related to the Cottonwoods that exist along the fence line asked if they are dying and what the
19 plans are for them?
20
21 Ann Baker:
22 • Showed locations of the Redwoods on the landscape plans. Finds the Redwoods to be an
23 appropriate choice and explained why. The Redwoods would get a lot of water with the rain
24 gardens along the property line from the downspouts coming down off the paved areas.
25 • Related to the Redwoods near the parking area noted arguably these could be changed out to
26 include Cedar trees and/or a tree species that are a little more drought tolerant/erect and narrow
27 and has no problem with selection of another species.
28 • The Pine trees are relatively small and exist within the perimeter of the building footprint and
29 would have to be removed. The intent of the project is to preserve and replace as many trees as
30 possible.
31 • Confirmed most of the Cottonwood trees along the fence line are being removed. The existing
32 Oak tree will be retained as well as some of the Cottonwood trees and demonstrated the location
33 relevant to the cluster of existing Cottonwoods that appear to `like'this particular area.
34
35 Commissioner Christensen:
36 • Asked if the City of Ukiah owns the subject property and PEP is the developer how did this
37 agency get hired and was there any possibility about a local company being hired to develop the
38 property?
39 • Once the project is completed, how is title held? Is the property being sold or donated?
40 • Related to occupancy, what is the legal number of persons that can reside in the housing
41 project?
42 • Related to the issue of traffic understands while the project encourages walkability and that not
43 every resident will drive notes at both ends of Main Street there are four-way stop signs at Gobbi
44 Street and Main Street and Perkins Street and Main Street that already problematic. Questions
45 whether the project would contribute to the problem and/or whether a traffic study was done for
46 the project and if there are any improvements plans for these intersections?
47
48 Principal Planner Thompson:
49 • Understands PEP expressed interest in the property a few years ago after looking at another site.
50 • Confirmed the City of Ukiah owns the subject property and this property was purchased by the
51 former Ukiah Redevelopment Agency.
52 • Upon completion of the project PEP will hold title.
53
54 Planning Director Stump:
55 • Provided a background explanation how PEP became interested in the property.
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 16
1 Chair Whetzel:
2 • Referred to page 2 of the staff report, line 22 & 23 that reads, `Per the General Plan Housing
3 Element goals to assist in the production of affordable housing, the City is in the process of
4 donating the 5 parcels to the applicants,' and asked for clarification whether the property is being
5 sold or donated?
6
7 Commissioner Hilliker:
8 • Who is responsible for curb, gutter and sidewalk improvements?
9 • What is required for demolition of the existing residential dwelling?
10 • Asked about the location of the eastern most property line and specifically about the small,
11 narrow vacant strip of land in the area near the end of Cleveland Lane?
12
13 Assistant City Manager Sangiacomo and former Assistant Director of the Ukiah Redevelopment
14 Agency:
15 • Was the staff member instrumental in assembling the parcels early on a number of years ago
16 where the intent has always been to encourage more affordable housing opportunities in Ukiah,
17 particularly as infill projects in the downtown area. As such and related to the subject property
18 and other properties could never get housing developers to look at them because they were too
19 much money as opposed to other properties located out of the City limits.
20 • What would occur is that the Ukiah Redevelopment Agency would purchase the properties and
21 make these properties available as the City's contribution and/or the Redevelopment Agency's
22 contribution for low and moderate income housing opportunities. In the past the Agency,
23 participated with `direct dollars' for housing projects on the outskirts of the City limits rather than
24 infill properties. As opposed to the direct dollars scenario found it better to go after property
25 utilizing the `contribution' approach.
26 • Essentially the Redevelopment Agency was involved with `gap funding' for small low and
27 moderate income housing projects.
28 • There is a regulatory agreement that goes along with the transfer of this property to PEP that
29 ensures the property remains for low and moderate income housing purposes and that it is
30 managed appropriately where a number of conditions are included as part of the transaction.
31 The Sun House/Grace Hudson Museum had concerns the property would not be well-managed.
32 The regulatory agreement protects the City's long term interest as an adjacent property owner of
33 the Sun House/Grace Hudson Museum.
34 • To clarify, the subject property is being donated.
35
36 Elizabeth Burks:
37 • There is a two person maximum per unit; however, would expect single person units to likely be
38 occupied by a single individual. For 42 units, the maximum occupancy is 84 persons, but this
39 occupancy number is highly unlikely.
40 • While no formal traffic impact study was done for the project, consideration/attention was given to
41 traffic generation for a high density residential senior living complex with regard to any potential
42 differentials in accordance with the Institute of Transportation Engineers data and found the
43 project to be comparable as it relates to the type of use.
44
45 Principal Planner Thompson:
46 • Confirmed PEP is responsible for all required curb, gutter and sidewalk improvements.
47 • Since the existing residential dwelling to be demolished is over 50 years old, the Demolition
48 Review Committee would make a decision about whether or not the structure has any historical
49 significance/value and make a recommendation to City Council.
50 • There are essentially two properties, i.e., one property is vacant and non-buildable located
51 directly east and one property contains a home along the railroad tracks.
52
53 PUBLIC HEARING OPENED: 8:05 p.m.
54
55 Fabiola Ruiz:
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 17
1 • Resides in the neighborhood on Olga Street.
2 • Her project concerns are related to traffic, on-street parking accommodations, safety, particularly
3 for the children that reside in the area and who often play in the street because their backyards
4 are too small and the issue of privacy.
5 • Also related to safety asked about the screening process for the residents living in the complex.
6
7 Julian Ruiz
8 • Has project concerns related to being able to continue sports activities as accommodating as they
9 currently exist on Cleveland Lane for children since he, family members and friends play on
10 Cleveland Lane as well as on the vacant land that is intended for the proposed housing project.
11 • Also has concerns the senior citizens living in the complex may not want children around or that
12 would be active like other persons/children living in the neighborhood.
13
14 Mary Stompe:
15 • The persons living in the senior house development will be highly screened and explained the
16 process.
17 • Related to how children residing in the neighborhood will be impacted can say that so far for
18 every PEP development project the 'children have been very positively impacted' where the
19 relationship between children and seniors has been `amazing.'
20 • The dog run area is a popular/successful component of PEP housing developments and helps to
21 keep seniors active, dogs exercised and creates a social place.
22 • Related to the issue of parking and parking on the north side of Cleveland Lane, PEP has
23 identified its own parking accommodations and street parking will remain street parking for
24 anyone.
25
26 Bob Hayes:
27 • Referred to the site plans as it relate to the issue of privacy that PEP is sympathetic to and noted
28 there is considerable distance between the proposed project and the residential units across the
29 street. Also, large trees will be planted to help screen the development and showed the location.
30 Is of the opinion when the trees mature there will be `some pretty good' screening in place.
31 • Street parking is available on Cleveland Lane and showed the location.
32 • Showed the location of the dog park.
33
34 Fabiola Ruiz:
35 • Asked if the driveway exit for the housing development would conflict directly with her home that
36 is located on the corner of Cleveland Lane and Olga Street would be an issue.
37
38 Bob Hayes:
39 • Confirmed the driveway for PEP would be located west of the Ruiz home and would not
40 compromise the Ruiz home and showed the location.
41
42 Sherrie Smith-Ferri, Director of the Grace Hudson Museum:
43 • Is highly pleased with the proposed project and thanked PEP representatives for working so
44 closely with the Museum staff and Museum Guild to present a project that architecturally is a
45 good fit for the Museum, neighborhood and community.
46
47 PUBLIC HEARING CLOSED: 8:23 p.m.
48
49 Commissioner Christensen:
50 • Would the small park for the development be accessible to the neighborhood?
51
52 Elizabeth Burks:
53 • The PEP property is private and for liability reasons would not be accessible to the
54 public/neighborhood.
55
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 18
1 Chair Whetzel:
2 • Referred to the vacant property located to the east of the property line and what possibilities are
3 available for this property?
4 • Asked if the vacant property was separate from the adjacent property that contains the residential
5 unit.
6 • Do we know who owns the narrow vacant parcel?
7
8 Principal Planner Thompson:
9 • While the aforementioned property is very narrow it does have frontage along Cleveland Lane but
10 does not likely have development potential.
11 • Confirmed the two properties are separate.
12 • The owner of the vacant parcel is not a local resident.
13
14 PUBLIC HEARING REOPENED: 8:25 p.m.
15
16 Fabiola Ruiz:
17 • Is familiar with the vacant property and noted there was a RV parked there that recently burned
18 that has been removed. The property is completely vacant now.
19
20 PUBLIC HEARING CLOSED: 8:26 p.m.
21
22 Chair Whetzel:
23 • Asked if the City has attempted to make contact with the owner of the vacant parcel for possible
24 purchase.
25 • Is of the opinion this non buildable parcel could be used as a park for the neighborhood.
26
27 Assistant City Manager Sangiacomo:
28 • As part of the assembly process concerning the PEP parcels, the intent was to assemble all the
29 properties to the railroad tracks for redevelopment purposes. The City no longer has this tool
30 available for low and moderate housing opportunities now that the Ukiah Redevelopment Agency
31 has been dissolved such that the City was unable to continue the acquisition process.
32
33 Chair Whetzel:
34 • It may be worthwhile for the City to check into seeing if the property would be willing to donate
35 this small parcel of land for use as a park/recreation area for the neighborhood since it appears
36 the owner cannot build on it and that if donated could act as a tax write-off benefit for the owner.
37
38 Principal Planner Thompson:
39 • Will check into the vacant lot and what might possibly be doable.
40
41 Commissioner Christensen:
42 • Cited a large, beautiful Oak tree and asked if this was on the PEP property.
43 • Will the Planning Commission see the site development permit for the project.
44
45 Planning Director Stump:
46 • The Precise Development Permit is essentially the Site Development Permit.
47
48 Commissioner Hilliker:
49 • Related to the MND the section that addresses public services the box checked was `less than
50 significant ImpacY in all areas and asked about fire hydrants because he did not see any
51 information about fire hydrants on the landscape plan.
52
53 Principal Planner Thompson:
54 • The requirements relevant to fire hydrants will be addressed by the Fire Department.
55
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 19
1 Chair Whetzel:
2 • Noted the Oak tree is on the PEP property and will be saved.
3 • Likes the project and is of the opinion there is a need for this kind of development in Ukiah.
4 • Would like to see more of a detailed landscape plan in the future.
5
6 M/S Hilliker/Christensen to recommend City Council adopt the Mitigated Negative Declaration (MND)
7 based on the Findings in attachment 3. Motion carried (3-0).
8
9 M/S Christensen/Hilliker to recommend City Council adopt the Resolution amending the General Plan.
10 Motion carried (3-0).
11
12 M/S Hilliker/Christensen to recommend City Council introduce an ordinance by title only to rezone the
13 subject property to PD/HDR and to establish the PEP Housing Sun House Planned Development with
14 Precise Development Plan. Motion carried (3-0).
15
16 10. PLANNING DIRECTOR'S REPORT
17 Planning Director Stump:
18 • Explained how a Planned Development (PD) works and why certain properties are zoned in this
19 manner.
20 • Reported on upcoming Planning Commission projects.
21
22 11. PLANNING COMMISSIONERS' REPORT
23 Chair Whetzel:
24 • Asked how the City budget was going.
25 • Asked about the status of the Talmage Road/Highway 101 interchange improvement project.
26
27 Planning Director Stump:
28 • Talked about this year's budget.
29 • The FEIR for the Talmage Road/Highway 101 interchange is targeted to be before City Council
30 for certification by July 1.
31
32 12. ADJOURNMENT
33 There being no further business, the meeting adjourned at 8:41 p.m.
34
35
36 Cathy Elawadly, Recording Secretary
37
38
39
MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 20
1 ITEM NO. 9A
2
Community Development and Planning Department
300 Seminary Avenue
Ukiah, CA 95482
plannin�@cityofukiah.com
" '�""`�"�"'�' (707)463-6203
3
4 DATE: June 10, 2015
5
6 TO: Planning Commission
7
8 FROM: Michelle Johnson,Assistant Planner
9
10 SUBJECT: Continuation from May 27, 2015 request for an Approval of a Minor Use Permit to allow
11 live entertainment and special events at 585 North State Street,APN 002-123-15
12 File No. 12-11-UP-PC
13
14
15 RECOMMENDATION
16
17 Staff recommends that the Planning Commission approve the proposed project based on the draft
18 findings included in attachment 1 and subject to the draft conditions of approval included in attachment
19 2.
20
21 PROJECT DESCRIPTION
22
23 An application has been received from Staci McGrew owner of The Pub for approval of a Major Use
24 Permit to allow live entertainment, and special events at 585 North State Street (see attachment 3,
25 Project Description; Project Plans). As part of the application materials, the applicant has provided a
26 revised Management Plan date stamped June 4, 2015 that is intended to provide a method of ensuring
27 adequate security during events (see attachment 4).
28
29 The Use Permit would allow the following:
30
31 • Live Entertainment in the form of amplified music inside the Pub as follows:
32 o band or a disc jockey; Friday or Saturday nights 7:00 p.m. to 12:00 a.m.; no more than
33 twice a month;
34 o Karaoke or Open Mic on Tuesday evenings 7:00 p.m.to 10:00 p.m.;
35 • fundraisers, non-profit events and private dinners would occur inside; Saturdays or Sundays
36 1:00 p.m.to 7:00 p.m. no more than four times a month; and may or may not include live music;
The Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
1
1 • Shared parking Lease Agreement with Ukiah Credit Bureau for 20 over-flow vehicle parking
2 spaces;
3 • U-shaped bike rack for three bicycles
4 • Management Plan
5
6
7 SETTING
8
9 The project site is located on a developed lot on the southeast corner of State Street and
10 Clara Street and contains a single story commercial building (see attachment 3, Project Description).
11 The parcel also contains a parking lot and associated landscaping. The property is zoned Community
12 Commercial (C-1) and is surrounded by the following uses:
13
14 • North: Multi-tenant office and single-family residential (C-1) and (R-1)
15 • South: Laundromat (C-1)
16 • West: Professional Office building zoned Community Commercial (C-1)
17 • East: Credit Bureau of Ukiah (C-1)
18
19 BACKGROUND
20
21 As noted above the subject parcel contains a single structure which houses three separate businesses,
22 The Pub Sports Bar, Five Star Catering, and more recent Tognoli's Restaurant. The Pub Sports Bar has
23 operated at 585 North State Street since 1984.
24 The Pub Sports Bar is currently operating under a Type 48(On Sale General-Public Premises) Alcoholic
25 Beverage Control (ABC) license. This license authorizes Bar and Night Clubs the sale of beer, wine and
26 distilled spirits for consumption on the premises where sold.
27 In 1994 The Pub Sports Bar ABC license had a condition added that prohibited live music; the police
28 department reported problems associated with live music that included loud music, parking, fighting,
29 and litter complaints associated with The Pub Sports Bar. The business owners are currently reapplying
30 to reinstate the live music on their license; upon investigation it was determined that no use permit has
31 been approved by the City allowing live entertainment at 585 North State Street. Therefore, the
32 applicant has submitted an application requesting approval of a use permit to allow the live
33 entertainment and special events.
34 STAFF ANALYSIS
35 General Plan. The land use designation of the subject property is Commercial (C). This land use
36 designation identifies areas where commerce and business may occur. The existing commercial use is
37 consistent with the General Plan designation of the subject property. The proposed live
38 entertainment and special events uses are consistent with the existing commercial use of the parcel.
The Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
2
1
2 Zoning and Site Analysis. The C-1 zoning district allows live entertainment per section 9082 with a
3 Use Permit. Table 2 below includes the applicable requirements of the zoning ordinance with staff
4 analysis.
5
Table 2:Zoning Ordinance and Site Analysis
Zoning Ordinance Requirement Staff Analysis
Development Standards
The zoning ordinance includes development The project site is developed and no modifications to
standards for setbacks, building height, site area and the exterior of the building, building footprint or site
yard setbacks.ZOSections9083,9084,9085 configuration are proposed as part of this
application.
Uses
Accessory Uses. Section 9081 of the ZO allows Uses Accessory Uses. The "special events" described in the
accessory to any the allowed uses in the C-1 district. Project Description are consistent with private parties
that are common as part of restaurants and bars with
dining. Therefore, the special events described are
considered an accessory use and do not require a use
permit.
Live Entertainment. Section 9082 of the ZO allows live Live Entertainment. The applicant is requesting
entertainment and special events with approval of a approval to have live entertainment and special events
Use Permit. per the requirements of the Zoning Ordinance as
fol lows:
band or Friday or 7:00 p.m.to 2 X
disc jockey Saturday 12:00 a.m month
karaoke or open 7:00 p.m.to 4 X
Tuesdays
microphone 10:00 p.m month
fundraisers,
Saturday or 1:00 p.m.to 4 X
private dinners,
Sundays 7:00 p.m. month
non-profit events
Noise
Noise Ordinance: General Noise Regulations. Section Noise Ordinance: The proposed project site is zoned
6058 of the ZO states it be unlawful for any person to (C1) Community Commercial and is adjacent to (R1)
willfully make or continue, or cause to be made or Single Family and (R3) Heavy Density Residential (see
continued, any loud, unnecessary, or unusual noise attachment 3, Infill Map; attachment 7, Noise
which disturbs the peace and quiet of any Ordinance). The Project is required to comply with the
neighborhood or which causes discomfort or annoyance following ambient noise levels and this has been
to any reasonable person of normal sensitiveness included as a condition of approval.
residing in the area.
The Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
3
Table 2:Zoning Ordinance and Site Analysis
Sound Level A, decibels
Zone Time Decibels
R1&R2 10pmto7 40
am
Rl&R2 �Pm to 10 45
pm
R1&R2 7amto7pm 50
R3 10 pm to 7 45
am
R3 �am to 10 50
pm
Commercial 10 pm to 7 60
am
Commercial �am to 10 65
pm
Vehicle Parking
Vehicle Parking. Section 9198 of the ZO regulates the Vehicle Parking. The Pub has a total of 92 seats, 10
minimum number of parking spaces required for employees per maximum shift and an overall capacity
restaurant and bar is one parking space for every of 98.
three(3)seats,with a minimum of four(4)spaces.An
additional parking space for each two (2) employees The parking requirement is 31 vehicle spaces (92/3 =
at maximum shift. 31) based on the number of seats; and 5 vehicle
parking spaces (10 / 2 = S) based on number of
employees on a maximum shift. The Total required
parking for the use is 36 vehicle parking spaces.
The existing site contains 5 vehicle parking spaces.The
business owner has a parking agreement with the
adjacent property, Ukiah Credit Bureau to use 20
parking spaces after business hours for overflow
parking (see attachment 5, Shared Lease Parking
Agreement). The project is deficient by a total of 11
parking spaces.
The proposed Use Permit for Live Music will not
change the existing capacity of 98 people for the bar.
Planning Commission has the authority to modify the
vehicle parking requirements based on the "size, scale
and intensity"of the project.
Staff concludes that the reduction in vehicle parking
spaces is reasonable and warranted and has provided
a draft finding to support the reduction.
Bike Parking
Bike Parking. Section 9086 E requires that bicycle Bike Parking. Given that there are 36 parking spaces
The Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
4
Table 2:Zoning Ordinance and Site Analysis
parking shall be provided in all commercial projects. required the Zoning Ordinance requires 4 bicycle
The number of bicycle parking spaces shall be not less parking spaces (36 * .10 = 3.666) to be installed in a
than ten percent( 10%)of the number of required of safe location. Staff has included draft condition of
approval 15.
Landscaping
Landscaping. Section 9087 of the ZO requires all Landscaping. The site is currently landscaped and no
projects that require discretionary review within the C- new landscaping is proposed and no landscaping
1 zone to include a landscape plan. would be removed as part of this application
The City approved the Pub Sports Bar prior to adoption
of the 20% landscaping lot coverage standard. The
existing approved Pub Sports Bar has very little
landscaping. The existing property is developed with
two buildings and a parking lot;which leaves very little
opportunity for new landscaping. Section 9087 of the
City Code,gives the Planning Commission the authority
to modify the required elements of a landscaping plan
"depending upon the size, scale, intensity,and location
of the development project."
Staff concludes that the reduction in landscaping is
reasonable and warranted and has provided a draft
finding to support the reduction.
1
2 Ukiah Airport Master Plan.The project site is located outside the Airport Compatibility Zone;therefore
3 is not required to meet the criteria for The Ukiah Airport Master Plan Zoning.
4
5 Use Permit. In order to approve a Use Permit,the findings included in Zoning Ordinance section 9262(E)
6 are required to be made.The required findings and staffs analysis are included in the table below:
7
8
Use Permit Findings Staff Analysis
The proposed land use is consistent with the provisions The proposed project is consistent with the General
of this Title as well as the goals and policies of the City Plan as described under General Plan above.
General Plan.
The project is consistent with the Zoning Ordnance as
described in Table 2 above.
The Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
5
The proposed land use is compatible with surrounding Hours of operation. The application requested that the
land uses and shall not be detrimental to the public's hours of operation for the live entertainment be 7:00
health,safety and general welfare. p.m.to 12:00 a.m.The properties across Clara Street are
zoned R1; and to the north east of the Pub Sports Bar is
zoned R3 Heavy Density Residential staff has added a
draft condition of approval to insure the live
entertainment and special events are consistent with the
noise ordinance.
Parking. The site contains 5 onsite parking spaces.
Although not counted toward the parking
requirements, there is also on street parking available.
The applicants have a shared parking lease agreement
with Ukiah Credit Bureau to provide 20 overflow vehicle
parking spaces for patrons after business hours. A draft
condition of approval has been added to ensure that
overflow parking for The Pub continues to be provided.
Noise. Live entertainment would only be allowed twice
per month and within specific hours. The limited
number of days and hours would ensure that the
neighborhood would not be adversely impacted. Live
entertainment and/or other music is often part of the
operation of a bar and the number of days per month
and hours requested by the applicant is significantly
smaller than the operating hours of The Pub. Draft
conditions of approval have been added to address the
hours allowed and ambient noise level for live
entertainment and to address concerns related to
public comment.
A Management Plan date stamped June 4, 2015 has
been prepared by the 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.
The project will not be detrimental to the public's
health , safety and general welfare based on the
following:
• Through the use permit, 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 Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
6
• 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 10 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.
1
2 ENVIRONMENTAL REVIEW
3
4 The proposed project is exempt from the provisions of the California Environmental Quality Act
5 (CEQA) pursuant to Section 15303 Class 3, conversion of small structures and Section 15301 Class 1,
6 Existing Facilities based on the following:
7
8 • The proposed project will be ancillary to an existing business and does not involve
9 hazardous materials;
10 • The location is not environmentally sensitive and does not include any drainage courses
11 or bodies of water(such as creeks or streams);
12 • The site is developed with an existing building and parking lot, utilities and services
13 already are available at the site and no expansion of the existing building footprint is
14 proposed as part of the project.
15
16 PUBLIC NOTICE
17
18 A notice of public hearing was provided in the following manner:
19
20 ■ posted in three places on the project site on May 14, 2015;
21 ■ mailed to property owners within 300 feet of the project site on May 14, 2015; and
22 ■ published in the Ukiah Daily Journal on May 17, 2015.
23
The Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
7
1 As of the writing of this staff report no correspondence had been received from the public as a result of
2 the public notice.
3
4 DECISION TIMELINE
5
6 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The PSA
7 requires that a decision be made on the project within 60 days of the application being deemed
8 complete. This application was submitted to the Community Development and Planning Department on
9 April 7, 2015 and was deemed complete on April 28, 2015. As such, a decision must be made on the
10 project no later than September June 27, 2015. The applicant may request a onetime extension of the
11 decision timeline.The next regularly scheduled Planning Commission meeting is June 24, 2015.
12
13 ATTACHMENTS
14
15 1. Draft Use Permit Findings;
16 2. Draft Use Permit Conditions of Approval;
17 3. Project Description submitted by applicant date stamped April 7, 2015; Infill Map; Compatibility
18 Map; Plans submitted by applicant April 7, 2015.
19 4. Revised Management Plan date stamped June 4, 2015;
20 5. Shared Parking Lease Agreement date stamped June 4, 2015; Copy of Insurance date stamped
21 June 4, 2015
22 6. Police Department Comments
23 7. Noise Ordinance
The Pub
Live Entertainment,and Special Event Use Permit
585 North Main Street,APN 002-123-15
Planning Commission June 10,2015
File No.875
8
ATTACHMENT 1
1
2
3 DRAFT USE PERMIT FINDINGS
4
5 LIVE ENTERTAINMENT AND SPECIAL EVENTS
6 AT 585 NORTH STATE STREET, APN 002-123-15
7 FILE NO: MUNIS 875
8
9 The following findings are supported by and based on information contained in this staff report, the
10 application materials and documentation, and the public record.
11
12 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
13 Plan as described in the staff report and Table 1.
14
15 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as described in
16 Table 2 of the staff report.
17
18 3. The proposed project, as conditioned, will not be detrimental to public health, safety and
19 general welfare based on the following:
20
21 A. Through the use permit, the operational characteristics are regulated and conditions of
22 approval have been added to reduce any adverse impacts as discussed above.
23 Therefore,the project would not be detrimental to the surrounding uses.
24 B. The project has been reviewed by the Fire Marshal, Police Department, Building Official,
25 and Public Works and any review comments from these departments have been
26 included as conditions of approval.
27 C. The project is required to comply with all federal, state and local laws.
28
29 4. The proposed project is exempt from the provisions of the California Environmental Quality Act
30 (CEQA) pursuant to Section 15303 Class 3, conversion of small structures and Section 15301
31 Class 1, Existing Facilities based on the following:
32
33 A. The proposed project will be ancillary to an existing business and does not involve
34 hazardous materials
35 B. The location is not environmentally sensitive and no drainage courses or bodies of water
36 (such as creeks or streams).
37 C. The site is developed with an existing building and parking lot, utilities and services
38 already are available at the site and no expansion of the existing building footprint is
39 proposed as part of the project.
40
41 5. The proposed parking does not meet the requirements of the City Code. A parking contract has
42 been established between the owner of Ukiah Credit Bureau and the applicant to allow over-
43 flow parking after hours of(20 vehicle spaces spaces).
44
45 6. The Planning Commission has the authority to modify the required elements of a
46 landscaping plan "depending upon the size, scale, intensity, and location of the
47 development project." The reduction of landscaping is reasonable and appropriate for the
48 following reasons:
ATTACHMENT 1
1
2 A. The existing property is developed with two buildings and a parking lot; which leaves
3 very little opportunity for new landscaping.
4
5 7. Notice of the proposed project was provided in the following manner as required by the Zoning
6 Ordinance:
7
8 A. posted in three places on the project site on May 14, 2015;
9 B. mailed to property owners within 300 feet of the project site on May 14, 2015; and
10 C. published in the Ukiah Daily Journal on May 17, 2015.
11
12
ATTACHMENT 2
1
2
3 DRAFT USE PERMIT CONDITIONS OF APPROVAL
4
5 LIVE ENTERTAINMENT AND SPECIAL EVENTS
6 AT 585 NORTH STATE STREET, APN 002-123-15
7 FILE NO: MUNIS 875
8
9 1. Approval is granted to allow live entertainment and special events as described in the project
10 description submitted to the Planning and Community Development Department and date
11 stamped April 7, 2015 and the Management Plan date stamped June 4, 2015 except as modified
12 by the following conditions of approval.
13
14 2. Live Entertainment is allowed subject to the following:
15
16 A. Live entertainment is allowed in the form of a live band and/or disc jockey. Live
17 entertainment may be amplified or non-amplified.
18
19 B. Live entertainment is allowed only on Friday or Saturday and may occur no more than
20 two times per month.
21
22 C. Within The Pub, the hours for live entertainment are limited to 7:00 p.m. to 12:00 p.m.
23 In order to reduce noise when live entertainment is occurring within The Pub, exterior
24 doors shall remain closed.
25
26 D. Karaoke and Open Microphone are allowed only on Tuesday nights and are limited to
27 7:00 p.m.to 10:00 p.m. and may occur no more than four times per month.
28
29 E. No outdoor amplified live entertainment is allowed.
30
31 3. Special Events that include live entertainment are allowed subject to the following
32 requirements:
33
34 A. Fundraisers, non-profit, and private events are allowed only on Saturday and Sundays
35 and are limited to 1:00 p.m. to 7:00 p.m. and may occur no more than four times per
36 month.
37
38 B. Live entertainment is required to comply with condition of approval#2 above.
39
40 4. Prior to the commencement of any special events or live entertainment allowed as part of this
41 Use Permit, the applicant shall prepare draft language for signage to direct patrons to overflow
42 parking located at the Ukiah Credit Bureau parking lot and a site plan showing the location of
43 the signage for staff review and approval. The staff approved signage shall be installed prior to
44 commencement of any live entertainment or special events and promptly removed after the
45 event.
46
1
ATTACHMENT 2
1 5. In the event the overflow parking located at Ukiah Credit Bureau parking lot is no longer
2 available, alternative overflow parking area shall be provided, subject to review and approval of
3 the Planning Department.
4
5 6. All employees of The Pub shall be given a copy of the approved Management Plan and these
6 conditions of approval.
7
8 7. At least one owner of The Pub shall be onsite during all live entertainment events.
9
10 8. This Use Permit shall be reviewed within 12 months of issuance by the Planning Director to
11 determine compliance with the conditions of approval, the number of Police Response in a
12 calendar year,that were a direct result of the establishment's failure to follow their
13 approved management plan as determined, after a review, by the Planning Director and the
14 Police Department and amount of Police staff time associated with the Use Permit, and
15 complaints received as a result of the live music and special events. If the Planning Director
16 determines that the use is not in compliance with the conditions of approval and/or that the use
17 requires additional review, the Use Permit shall be scheduled for review by the Planning
18 Commission. Review of the Use Permit by Planning Commission shall include a public notice and
19 the applicant is responsible for paying the costs associated with Planning Commission review of
20 the Use Permit (cost recovery). If complaints associated with the approved live music and
21 special events are received during the first 12 months, this Use Permit shall be reviewed
22 annually by the Planning Director as described above. The Planning Director shall determine if
23 Planning Commission review of the Use Permit is required.
24
25 9. In order to reduce noise and loitering within the parking lot, at the close of business each night
26 The Pub owners/staff shall ensure that their patrons have left the site by 2:00 a.m. each night.
27
28 10. Music shall be controlled so as to not unreasonably disturb area residents and businesses and
29 shall not exceed the ambient noise level as measured at the Community Commercial, Single
30 Family Residential and Heavy Density Residential property lines. If the proposed use for live
31 music and special events exceeds the ambient noise level the Planning Director shall determine
32 if Planning Commission review of the Use Permit is required.
33
34 11. The site and adjacent site designated for overflow parking shall be maintained in a clean and
35 orderly manner.
36
37 12. Any modifications to the ABC license for the premises may require an amendment to this Use
38 Permit or a new Use Permit to allow an increase of the hours during which alcohol is served.
39
40 13. All provisions of the Management Plan date stamped June 4, 2015 to Operate the Pub shall be
41 adhered to at all times.
42
43 14. Bike parking to accommodate four bikes shall be installed. Inverted "U "style rack is preferred.
44 The applicant shall provide a site plan that shows the proposed location of the bike racks for
45 staff review and approval. Bike racks shall be installed in the location approved by staff prior to
46 any live entertainment event occurring on the site.
47
2
ATTACHMENT 2
1 15. Activities approved as part of this Use Permit are subject to the requirements of Ukiah City Code
2 Division 7, Chapter 1,Article 6 (Noise Ordinance).
3
4 16. The applicant agrees to post signs in a location that is visible to people entering the the Pub
5 Sport Bar telling patrons to respect the peace of residential neighborhoods and to please avoid
6 parking in the residential neighborhood where possible.
7
8 From the Police Department(Trent Taylor)
9
10 17. As a condition of any use permit granted the applicant must obtain and maintain the proper
11 modifications and conditions to their Alcohol License as required by the California Department
12 of Alcohol Beverage Control.
13
14 18. As a condition of any use permit granted the applicant have a written Management Plan in place
15 that is meets the approval of the Ukiah Police Department prior to commencement of live
16 music.
17
18 19. As a condition of any use permit granted; If the live entertainment or cover charge events cause
19 the need for a Police Response more than two (2) times in a calendar year, that were a direct
20 result of the establishment's failure to follow their approved management plan as determined,
21 after a review, by the Planning Director and the Police Department the permit holder will be
22 required to thereafter submit a security plan to the Ukiah Police Department for approval a
23 minimum of 45 days prior to any future events. The plan will articulate in detail the event
24 planned and clearly describe how security will be staffed to minimize the need for police
25 responses. In such cases, approval or denial will be provided to the applicant no less than 30
26 days prior to the proposed event.
27
28 20. As a condition of any use permit granted the facility will be open to inspection during live
29 entertainment and coverage events and the Ukiah Police Department will not be denied access.
30
31 21. As a condition of any user permit granted; In the event of a change of ownership or
32 management of the facility associated with the live entertainment the City shall be notified on
33 the change in ownership/management. The new owner/manager shall meet with the Planning
34 Department and Police Department to review this Use Permit and Security Plan. The new
35 owner/manager shall indicate in writing if any modifications to the uses allowed by this Use
36 Permit are proposed and shall identify the proposed modifications. Any proposed modifications
37 shall be reviewed by the Planning Department and Police Department. The Planning Director
38 shall determine if the proposed modifications are consistent with this Use Permit or require
39 approval of an amendment to this Use Permit and shall determine if the amendment is minor
40 (Zoning Administrator) or major(Planning Commission).
41
42 Standard City Conditions of Approval
43
44 22. Business operations shall not commence until all permits required for the approved use,
45 including but not limited to business license, tenant improvement building permit, have been
46 applied for and issued/finaled.
47
3
ATTACHMENT 2
1 23. No permit or entitlement shall be deemed effective unless and until all fees and charges
2 applicable to this application and these conditions of approval have been paid in full.
3
4 24. The property owner shall obtain and maintain any permit or approval required by law,
5 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies
6 as applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
7 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved and
8 issued.
9
10 25. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
11 future purchaser,tenant, or other party of interest.
12
13 26. All conditions of approval that do not contain specific completion periods shall be completed
14 prior to building permit final.
15 27. This Use Permit may be revoked through the City's revocation process if the approved project
16 related to this Permit is not being conducted in compliance with these stipulations and conditions of
17 approval; or if the project is not established within two years of the effective date of this approval;
18 or if the established use for which the permit was granted has ceased or has been suspended for 24
19 consecutive months.
20
21 28. This approval is contingent upon agreement of the applicant and property owner and their
22 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
23 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
24 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
25 aside, void or annul the approval of this application. This indemnification shall include, but not be
26 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted by
27 any person or entity, including the applicant, arising out of or in connection with the City's action on
28 this application, whether or not there is concurrent passive or active negligence on the part of the
29 City. If, for any reason any portion of this indemnification agreement is held to be void or
30 unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in
31 full force and effect.
4
� Attachment # �
March 1, 2015
Re: The Pub Sports Bar, Use Permit
585 N. State Street
LJkiah,CA 95482
Cify of LTkiah
Planning and Communify Development Departrnent
300 Seminary Ave
tJlaah, CA 95482
Dear Sirs,
The Pub Spor�s Bar, is seeking a Use Permit to allow live entertainment and
special events at our location of 585 N. State Sfreet.
We are mostly surrounded by commercial properties with a small amount of
residential properties.
We would like to have live music twice a monfih on Friday or Saturda.y nights.
The hours for the live entertainment would be from 7:00 PM until 12:00 AM.
to the propei-ty line on fihe south side.
In regards to landscaping, we have always had a problem with it since the
parking lot comes right up fo the door. In the past we have tried barrels wifih
small irees,but they have always vandalized by people usin,g fihem as bathrooms,
tipping fihem over or throwing fihem in Sta#e or Clara Streets causing a driving
hazard Wifihout them it also provides for a clear view of the front of the building
for the police from State Street.
One thought might be that we could provide a small rnovable fence to screen the
dumpsters from view on State Sfreet.
Thank you for your consideration,
��a,.c�. `�1
Staci McGrew
��
Don Delahoyde
Proprietors
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APR 07 2af5
CITY OF UKIAN
� � BUMING/PLANNINC DBPAQTMLNf
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wrf�chm�nt # t
Fun Times Inc dba The Pub Sports Bar Live Entertainment Security
Management Plan 585 N. State St. Ukiah Ca.
Safety and securitv
There will be a security door person stationed in entryway to control and monitor the front
door, emergency exit as well as front parking Iot. No one under the age of 21 will be allowed,
picture identification will be checked at door and a stamp or bracelet issued. security persons
will also be certified by the A.B.C. in the lead program for alcohol sellers.The staff working
during live music will also be acting as eyes and ears for security or other issues that might
occur. If more security is needed we will supply the manpower needed.Staff will be trained on
how to handle emergency situations,the locations of fire exits as well as fire extinguishers.
Cameras are installed both in the Pub and the front parking lot.The Ukiah Police Dept will have
access to camera footage at any time.
Noise
Band and customer noise levels will consistently be monitored and kept below city ordinance
levels to insure compliance. Due to proximity of neighbors, all doors and windows will be kept
closed.
Loitering
Throughout the evening the security will be monitoring all outside areas. Patrons will be able to
exit for smoking and fresh air but only thru the front door. Patrons exiting will not be allowed to
take alcoholic beverages outside. No one will be allowed to loiter on the property, the adjacent
sidewalks or parking lots.
Litter
Security personnel as well as all staff will make regular sweeps on the outside of building,
sidewalks and parking areas, and surrounding landscaping.
Li�hting
There is more than adequate lighting in all areas of property. Emergency exits are clearly
marked with lighted signs. In case of blackout, all exit doors have emergency lighting installed.
RECEIVED
JUN 0 4 2015
�UILDINC/P AN1ViN�G D PARTMEIVT
1 `
Alcohol Consumption
All alcohol shall only be consumed in the Pub. Picture ID will be checked and only over 21 will
be allowed in Pub. No alcohol will be allowed outside of building. Security personnel and staff
will be monitoring consumption of all patrons. We will also encourage a designated driver
policy, quick access for taxi as well as lead trained and certified staff,to help further all staffs
knowledge
Education and trainin�
Employees will be trained on the management plan procedures. A copy of the monument plan
and conditions will be posted for employees to read and review.
Contact Information
V.P General Manger
Staci McGrew 707.391.8480
President
Don Delahoyde 707-480-6312
o�
�. '•�.
A.
au-
7
Ukiah Police Department
Chris Dewey
Chief of Police
June 1, 2015
Project Review—Live Music at Pub Sports Bar#Munis 875
I have reviewed the Revised Management plan submitted by the applicants for this Use Permit and I am satisfied with this
plan and feel that if properly followed it addresses the potential issues that the Police Department would be concerned
with, specifically and unnecessary increase in Police calls for service to the establishment because of poor management
control given the intended use.
Additionally, I researched the Police calls for service to "The Pub" 585 N.State Street back to January of 2014. We have
had 13 calls for service to The Pub during this time period where the Police were called to assist related to a problem with
a patron refusing to leave or behaving badly and the staff of the establishment needed our assistance in having them
removed or otherwise dealt with.
I did not find any calls for service to The Pub that demonstrated improper management that would have caused those
calls for service.
It is my opinion that if The Pub follows the Management Plan as now presented that the Police Calls for Service should
not increase. I do not want to discourage the establishment from calling for police assistance if needed and want to clarify
what I feel should "Trigger" the need for an additional °Approved Security Plan" as a condition of this Use Permit, if
granted:
- The "Trigger" should be two or more Police Calls for service to the establishment in a year that were a direct
result of the establishment's failure to follow their approved management pfan as determined, after a review,
by the Planning Director and the Police Department.
Additionally, I feel that notification prior to all events to the Planning Department and the Police Department should not be
a requirement unless the"Trigger"for the requirement of an additional "Approved Security Plan" is met.
By:
Captain Trent Taylor
Services Commander
300 Seminary Avenue � Ukiah, California 95482
Telephone: 463-6262 � Fax: (707) 462-6068 � www.cityofukiah.com
RECEIVED
�.#�achr�ent # �
JUN 04 2015
CO�YIMERCIAL LEASE
CITY OF UIQAH
BUILDIIVG/PLANNTING DEPARTMENT
This Lease Agreement(this "Lease") is dated as of May O1, 2015,by and behveen Credit Burcau
of Ukiah ("I.andlord"), anda'un Times Inc dba The Pub Sports Bar ("Tenant"). The parties agree
as follo�vs:
PREMISES.Landlord, in consideration of the lease payments provided in this Lease, leases to
Tenant The Parking Lot for the Credit Bureau of iJkiah(the "Premises") located at 117 Clara Ave,
Ilkiah, CA 95482.
TERM.The lease term will begin on May O1, 201� and will terminate on Apri] 3U, 2Q17.
LEASE PAYMF:NT'S. Tenant shall pay to Landlord lease payments of�0.00, payable in
advance, on the of each , for a total lease payment
of$0.00. Lease payments shall be made to the Landlord at ,
, . The payment address may
be changed from time to time by the Landlord.
POSSESSION.Tenant shall be entitled to possession on the first day of the term of this Lease,
and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise
agreed by both parties in�vriting. At the expiration of the term, Tenant shall remove its goods and
effects and pcaceably yield up the Premises to Landlord in as good a condition as when delivzred
to Tenant,ordinary wear and tear excepted.
USF.[lF PREMISES. Tenant may use the Premises only for Parking after SP.M. and on
Weekends The Premises may be used for any other purpose only with the prior written consenl of
Landlord,which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated
extended absence from the Premises not later than the first day of the extended absence.
EXCLUSIVITY. Landlord shall not directly or indirectly, through any employee, agent, or
otherwise, lease any space within the property(except the Premises herein described}, or permit
the use or occupancy of any such space whose primary business activity is in, or may result in,
competition with the Tenants primary business activity. The Landlord hereby gi<<es the Tenant the
exclusive right to conduct their primary business activity an the property.
PROPERTY INSUR.ANCE. Landlord and Tenant shall each maintain appropriate insurance for
their respecrive interests in the Premises and property located on the Premises. Landlord shall be
named as an additional insured in such policies. Tenant shall deliver appropriate evidence to
Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory
to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination
af such insurance policies. Tenant shall also maintain any other insurance which Landlord may
reasonably require for the protection of Landlord's i.nterest in the Premises. Tenant is responsible
This is a Kocke[L�fwyer,com document.
for maintaining casualty ins�uance on its o�vn property.
i,iABiI.iTY I1�15URANCE. Tenant shall maintain liabiliiy inst�rance on the Premises�vith
personal injury limits of at least S1,OOO,OUO.UU For injury to one person, and$1,000,000.00 for
any one accident, and a limit of at least$100,000.00 for damage to property. Tenant shall deliver
appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies
reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer
prior to any termination of such insurance policies.
REi�FWAL TERMS. This Lease shall aulomatically renew for an additional period of 1 Year
per renewal term,unless either party gives writtcn notice of termination no later than sixty days
prior to the end of the term or renewal term. The lease terms during any such renewal term shall be
the same as those contained in this Lease.
TAxES.Taxes attributable to the Premises or the use of the Premises shall be allocated as
follows:
REAL ESTATE TAxES. Landlord shall pay all real estate taxes and assessments for the
Premises.
PERSONAL TAXES. Landlord shal[ pay all personal taxes and any other charges which
may be levied against the Premises and which are attributable to Tenant's use of the Premises,
along with all salcs and/or use taxes (if any) that may be due in connection with lease
payments.
TERI�III�IATION UPON SALE OF PREI�iISES.Notwithstanding any other provision of this
Lease, Landlord may tern�inate this lease upon 90 days' written notice to Tenant that the Premises
have been sold.
DEFAULTS. Tenant shall be in default of this Leasc if Tenant fails to fulfill any lease obligation or
term by which Tenant is bound. Subject to any governing provisions of la�v to the contrary, if
Tenant fails to cure a.tly financial obligation within 5 days(or any other obligation within 10 days)
atter�vritten notice of sucb default is provided by Landlord to Tenant, Landlord may take
possession of the Premises without further notice (to the extent permitted by la�,�), and without
prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default
and the cost of such action shall be added to Tenant's fmancial obligations under this Lease. Tenant
shall pay all costs, damages,and expenses(including reasonable attomey fees and expenses)
suffered by Landlord by rcason of Tenant's defaults. All sums of money or charges required to be
paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are
designated as "additional rent". The rights provided by this paragraph are c�unulative in nature and
are iu addition to any other rights afforded by Law.
CUMULATIVE RIGHTS.The rights of the parties under tlus Lease are cumulative, and shall
not be construed as exclusive unless otherwise required by law.
7h►s is a KucketLawyer.com document
ACCESS BY LANDI.ORD TO PREMISES. Subject to Tenant's consent(which shall not be
unreasonably�vithheld), Landlord shall have the right to enter the Premises to make inspections,
provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or
workers. However, Landlord does not assume any liability for the care or supervision of the
Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises
without Tenant's consent. During the last three months of this Lease, or any extension of this
Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to
prospective tenants.
XNDENIVITI' REGARDI�IG USE OF PREMISES.To the extent permitted by law, Tenant
agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses,
claims, liabilities, and expenses, including reasonable attomey fees, if any, �vhich Landlord may
suffer or incur in connection �vith Tenant's possession, use or misuse of the Premises, except
Landlord's act or negligence.
COMPLIAl\CE VVITH REGULATIONS.Tenant shall promptly comply with all la�vs,
ordinances, requirements and regulations of the federal, state, county, municipal and other
authorities, and the fire insurance undenvriters. However, Tenant shall not by this provision be
required to make alterations to the exterior of the building or alterations of a structural nature.
ASSIGn ABILITY/SIJBLETTING. Tenant may not assign or sublease any interest in the
Premises, nor effect a change in the majority ownership of thc Tenant(from the ownership existing
at the inceprion of this lease), nor assign, mortgage or pledge this Lease, v�Tithout the prior written
consent of Landlord, �vhich shall not be unreasonably withheld.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing
and forwarded by mail, postage prepaid, adciressed as follo�vs:
I.AN�I.ORD:
Credit Bureau of Ukiah
117 Clara St
Ukiah, Connecticut 9�482
TENANI:
�un,Times Inc dba The Pub Sports Bar
585 N. State St
Llkiah, Califomia 95482
Such addresses may be changed from time to time by any party by providing notice as set forth
above. Notices mailed in accordance with the above provisions shall be deemed received on the
third day after posting.
GOVERNII�IG LAW.This Lease shall be construed in accordance with the laws of the State of
This is a RocketLawyer.com document.
California.
EI�iTIRE AGREE�'IEl�`T/AN[EYDMENT.This Lease Agreement contains the entire
agrzement of the parties and there are no other promises, conditions, understandings or other
agreements, whether oral or written, relating to the subject matter of this Leasc. This Lease may be
modified or amended in w�ting, if the writing is signed by the party obligated under the
amendment.
SEVER.ABILITY. IFany portion of this Lease shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. lf a court finds that any
provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would
become valid and enforceable,then such provision shall be deemed to be written, construed, and
enforced as so limited.
�VAIVER.The faihire of either party to enforce any provisions of this Lease shall not be
constr+.ied as a waiver or limitation of that parly's right to subsequently enforce and compel strict
compliance with every provision of this Lease.
BINDING EFFEC`I."I'he provisions of this Lease shall be binding upon and inure to the benefit
of both paRies and their respective legal representatives, successors and assigns.
LA�.�IDLORD:
Credit Bureau of Ukiah
� � (�'
B : � . � ��✓ Date: iNay Ol, 2015
1 ��-
Bob�urke,
Owner
TENA�T:
�unTimes Inc dba The Pub Sports Bar
;
BY: �; �'� � — `'z � nate: May O1, 2Q1�
Staci McGre�v Don Delahoyde,
Owner
1 hi��a a Rui.kntLawyci.wm du�umcnt.
�'1 PUBSP-1 OP ID:SD
��� CERTIFICATE OF LIABILITY INSURANCE °"�'"'�"'°°""Y"'
, 03/16l2015
THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICfES
BELOW. THIS CERTiFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: ff the certificato holder is an ADDITIONAL INSURED,the policy{ies)must be endorsed. If SUBROGATiON IS WIUVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this ce�tificate dces not confer rights to the
�ertificate holder in lieu of such endorseme s.
aith,Scariett&Randolph � P�EE� Crdi Huft F�
�.Serv.,Inc OB48o84 a N,�:530-662-9181 ac No:`�-662-6452
t Main Street AODRESS:Crd1�F1 rins.com
�odland,CA 95695 -
lIg HIJft INSURER(�AFFORDING COVEMGE !WC p
iNSU�Rn:Nautilus Insurance Co 17370
u�o The Pub Sports Bar u,su�R a: �
Don Delahoyde 8 Stacy McGrew �`
585 N State Street INSURER C� _
Ukiah,CA 95482 INSURERO:
INSURER E- '
INSURER F:
)VERAGES CERTIFICATE NUMBER: REVISION NUMBER:
"HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED Ta THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NDICATED NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITN RESPECT TO WHICH THfS
:ERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE(NSURANCE AFFORDED BY THE POLICIES DESCRIBFD HERFIN IS SUBJECT TO ALL THE TERMS.
:XCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS.
t TYPE OP INSURANCE �' B POLfCY NUMBER P� p� P��� 1,911RS
X CON9NERCWL QENERAL LIABH.RY E�CH OCCURRE�CE S 'I,000,00
�CWMS-MADE �oCCUR X NN448022 06lO6l2014 06I0612015_p��S(E�aarurencel S 100,00
� MED EXP[Any orx ersonl S 5,00
PERSONAL.&ADV INJURY S ��OOU,OO
GEN L AGGREGATE LtMiT APPLIES PER I GENERAL AGGREWTE S Y,OOO,OO
�-—^'POLICY��a �LOC I PRODUCTS-CO�JIP/OPAGG S 1,000,00
I i OTNER i I E
AUTOMOBlLE LUIHILIIY � COMBINED SI�GLE LIMR s
I a acar �
ANY AUTO BOqLY INJURY(?er persan) I S
aL�OWNED I 15CHEDULED —
A'JiOS !I AUTGS 90DILY INJURY(Per acadent)I S
HIREDAUT0.S I NON-0'NNED PROPERi`lDAMAG�
P.UTOS i(Per acddent� f
I I $
_ UMBRELLA LWB �C�P I I EiCH OCCURRENCE 1 S
EXCESSUAB ~ CWMS-MAD�
AGGREGATE S
DED REfENTIONi I
�WORI�RS CONPENSA710N I ' PE : OTff- �5
AND EliPL0YER5 UA�LRY Y�N . STATUTE � ER
•ANY PROPRIE70RlPARTNERIEXECUTNF �
E L EACH ACCI�ENT S
�QFFICEILMFA76ER D(CLl10EDo � N/A � •
(Nandatory in NH� E.L DISEASE-EA EMPLDYEEj 5
if ye5,desaihe under
I DESCRIPTION OF OF'ERA710N5 below I c L DISF1tSE-POLICV LIMR S
I I .
CRfPT1pN OF OPERAT10N51 LOCATIONS I VEHICLES (ACORD 701.Additicnd Remulcs SehedWq may he aCaefied if mae spaee is requfred)
�Burke is named as aadditional insured but only insofar as the operations
ler the written contract are concemed. J U N Q 4 �O'S
CITY OF UIQAFI
BUILDING/PLANNING DEPAR
RTIFICATE HOLDER CANCELLATION
BURKE-1
SHOULD ANY OF THE ABOVE DESCRBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN
Bob Bu�ke ACCORDANCE WITH THE POLICY PROVISIONS.
117 Clara Ave q{�p�Ep�p�SENTA77VE
Uidah,CA 95482 cra�g Hutc
O 198&2014 ACORD CORPORATION. All rights reserved.
ORD 25(2014101� The ACORD name and logo are registered marks of ACORD
4 �
Attachment # �
�
$,,,
OLI
_'
Ukiah Police Department
Safety, Professionalism, Communiry Service Chl'IS DeWey
Chief of Police
April 15, 2015
Project Review— Live Music at Pub Sports Bar#Munis 875
In reviewing this application the Police Department has the following requests:
1. As a condition of any use permit granted the applicant must obtain and maintain the proper modifications and
conditions to their Alcohol License as required by the California Department of Alcohol Beverage Control.
2. As a condition of any use permit granted the applicant have a written Security Plan in place that is meets the
approval of the Ukiah Police Department.
3. As a condition of any use permit granted; If the live entertainment or cover charge events cause the need for
a Police Response more than two (2) times in a calendar year, the permit holder will be required to thereafter
submit a security plan to the Ukiah Police Department for approval a minimum of 45 days prior to any future
events. The plan will articulate in detail the event planned and clearly describe how security will be staffed to
minimize the need for police responses. In such cases, approval or denial will be provided to the applicant no
less than 30 days prior to the proposed event.
4. As a condition of any use permit granted the facility will be open to inspection during live entertainment and
coverage events and the Ukiah Police Department will not be denied access.
5. As a condition of any user permit granted; In the event of a change of ownership or management of the facility
associated with the live entertainment, the City shall be notified on the change in ownership/management.
The new owner/manager shall meet with the Pfanning Department and Police Department to review this Use
Permit and Security Plan. The new owner/manager shall indicate in writing if any modifications to the uses
allowed by this Use Permit are proposed and shall identify the proposed modifications. Any proposed
modifications shall be reviewed by the Planning Department and Police Department. The Planning Director
shall determine if the proposed modifications are consistent with this Use Permit or require approval of an
amendment to this Use Permit and shall determine if the amendment is minor(Zoning Administrator) or major
(Planning Commission).
See attached previous documentation where the applicant attempted to modify their ABC License and did not seek a use
permit and t � opposed the modification of the ABC License.
By:
Captain Trent aylor
Services Commander
300 Seminary Avenue � Ukiah, California 95482
Telephone: 463-6262 � Fax: (707) 462-6068 � www.cityofukiah.com
Afitcschm�nt # `
Ukiah City Code Division 7, Chapter 1, Article 6
(http://www.sterlingcodifiers.com/CA/Ukiah/index.htm)
Noise Regulation
6045: DECLARATION OF POLICY:
It is hereby declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises
from all sources subject to its police power. At certain levels noises are detrimental to the health and
welfare of the citizenry and in the public interest shall be systematically proscribed. (Ord. 748, article 1,
adopted 1980)
6046: DEFINITIONS:
As used in this Chapter, unless the context otherwise clearly indicates, the words and phrases used in
this Chapter are defined as follows:
A. Ambient Noise: "Ambient noise" is the all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far. For the purpose of this
ordinance, ambient noise level is the level obtained when the noise level is averaged over a period
of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location
and time of day near that at which a comparison is to be made.
B. Decibel (d6): "Decibel" shall mean a unit of level when the base of the logarithm is the tenth root of
ten and the quantities concerned are proportional to power.
C. Emergency Work: "Emergency work" shall mean work made necessary to restore property to a safe
condition following a public calamity or work required to protect persons or property from an
imminent exposure to danger or work by private or public utilities when restoring utility service.
D. Person: "Person" shall mean a person,firm, association, copartnership,joint venture, corporation, or
any entity, public or private in nature.
E. Sound Level: "Sound level" (noise level) in decibels(dB) is the sound measured with the"A"weighting
and slow response by a sound level meter.
F. Sound Level Meter: "Sound level meter" shall mean an instrument including a microphone, an
amplifier, an output meter, and frequency weighting networks for the measurement of sound levels
which satisfies the pertinent requirements in American Standard Specifications for sound level
meters 51.4-1971 or the most recent revision thereof.
G. Motor Vehicles: "Motor vehicles" shall include, but not be limited to, mini-bikes and go-carts.
H. Sound Amplifying Equipment: "Sound amplifying equipment" shall mean any machine or device for
the amplification of the human voice, music or any other sound."Sound amplifying equipment"shall
not include standard automobile radios when used and heard only by the occupants of the vehicle in
which the automobile radio is installed. "Sound amplifying equipment," as used in this Chapter,shall
not include warning devices on authorized emergency vehicles or horns or other warning devices on
any vehicle used only for traffic safety purposes.
i. Commercial Purpose: "Commercial purpose" shall mean and include the use, operation, or
maintenance of any sound amplifying equipment for the purpose of advertising any business, or any
goods, or any services, or for the purpose of attracting the attention of the public to, or advertising
for, or soliciting patronage or customers to or for any performance, show, entertainment,
exhibition,or event,or for the purpose of demonstrating such sound equipment.
J. Noncommercial Purpose: "Noncommercial purpose" shall mean the use, operation, or maintenance
of any sound equipment for other than a "commercial purpose." "Noncommercial purpose" shall
mean and include, but shall not be limited to, philanthropic, political, patriotic and charitable
purposes.(Ord.748,Article 1,adopted 1980)
fi047:SOUND LEVEL MEASUREMENT CRITERIA:
Any sound level measurement made pursuant to the provisions of this Chapter shall be measured with a
sound level meter using the "A" weighting. (Ord.748,Article 1,adopted 1980)
6048:AMBIENT BASE NOISE LEVEL:
Where the ambient noise level is less than designated in this Section the respective noise level in this
Section shall govern.
Sound Level A,decibels
Zone T'rme
R1& R2 lOpmto7am 40
R1& R2 7pmtolOpm 45
R1& R2 7amto7pm 50
R3 10 pm to 7 am 45
R3 7 am to 10 pm 50
Commercial 10 pm to 7 am 60
Commercial 7 am to 10 pm 65
Industrial(M) Anytime 70
�Ord.748,Article 1,adopted 1980; amd. by Ord.803,§1, adopted 1983)
6049: RADIOS,TELEVISION SETS AND SIMILAR DEVICES:
A. Use Restricted: It shall be unlawful for any person within any residential zone of the City to use or
operate any radio receiving set, musical instrument, phonograph,television set or other machine or
device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet
and comfort of neighboring residents or of any reasonable person of normal sensitiveness residing
in the area.
B. Prima Facie Violation: Any noise level originating from a radio, television or similar device exceeding
the ambient base level at the property line of any property (or, if a condominium or apartment
house, within any adjoining apartment) by more than five (5) decibels shall be deemed to be prima
facie evidence of a violation of the provisions of this Section. (Ord. 748,Article 1,adopted 1980)
6050: HAWKERS AND PEDDLERS:
It shall be unlawful for any person within the City to sell anything by outcry within any area of the City
zoned for residential uses.The provisions of this Section shall not be construed to prohibit the selling by
outcry of inerchandise, food, and beverages at licensed sporting events, parades, fairs, circuses and
other similar licensed public entertainment events. (Ord.748,Article 1, adopted 1980)
6051:SCHOOLS,HOSPITALS AND CHURCHES:
It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent
to any school, institution of learning, or church while the same is in use or adjacent to any hospital,
which noise unreasonably interferes with the workings of such institution or which disturbs or unduly
annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or
public place indicating the presence of a school,church or hospital. (Ord.748,Article 1,adopted 1980)
6052:ANIMALS AND FOWL:
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or
controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound or
cry, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any
residential neighborhood. (Ord.748,Article 1,adopted 1980)
6053:MACHINERY,EQUIPMENT, FANS AND AIR CONDITIONING:
It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning
apparatus, or similar mechanical device in any manner so as to create any noise which would cause the
noise level at the property line of any property to exceed the ambient base noise level by more than five
(5) decibels between seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. (Ord. 748, Article 1,
adopted 1980)
6054:CONSTRUCTION OF BUILDINGS AND PROJECTS:
It shall be unlawful for any person within a residential zone, or within a radius of five hundred feet(500')
therefrom, to operate equipment or perform any outside construction or repair work on buildings,
structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power
hoist or any other construction type device(between the hours of 7:00 P.M. of one day and 7:00 A.M.of
the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is
caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the
Director of Public works. No permit shall be required to perform emergency work as defined in §6046 of
this Article.(Ord.748,Article 1,adopted 1980)
6055:VEHICLE REPAIRS:
It shall be unlawful for any person within any residential area of the City to repair, rebuild, or test any
motor vehicle between the hours of nine o'clock(9:00) P.M. of one day and eight o'clock (8:00) A.M. of
the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is
caused discomfort or annoyance as a result of noise resulting from the activity. (Ord. 748, Article 1,
adopted 1980)
6056:MOTOR DRIVEN VEHICLES:
It shall be unlawful for any person to operate any motor driven vehicle within the City in such a manner
that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance
as a result of noise from the activity; provided, however, any such vehicle which is operated upon any
public highway, street, or right of way shall be excluded from the provisions of this Section. (Ord. 748,
Article 1,adopted 1980)
6057:REGULATIONS:
The commercial and noncommercial use of sound amplifying equipment shall be subject to the following
regulations:
A. The only sounds permitted shall be either music or human speech,or both.
B. The operation of sound amplifying equipment for commercial purposes shall only occur between the
hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. each day except on Sundays and legal
holidays. The operation of sound amplifying equipment for noncommercial purposes shall only
occur between the hours of eight o'clock(8:00)A.M.and ten o'clock(10:00) P.M.
C. Sound level emanating from sound amplifying equipment shall not exceed fifteen (15)decibels above
the ambient base noise level. Nor shall it be audible at any distance in excess of two hundred feet
(200') from the amplifying equipment.
D. Notwithstanding the provisions of subsection C of this section, sound amplifying equipment shall not
be operated within two hundred feet(200')of churches, schools, hospitals.
E. In any event, the volume of sound shali be so controlled that it will not be unreasonably loud,
raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the
area of audibility. (Ord. 748, article 1, adopted 1980)
6058:GENERAL NOISE REGULATIONS:
Notwithstanding any other provisions of this chapter,and in addition thereto,it shall be unlawful for any
person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or
unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or
annoyance to any reasonable person of normal sensitiveness residing in the area.
Standards which may be considered in determining whether a violation of the provisions of this section
exists include, but are not limited to,the following:
A. The level ofthe noise;
B. The intensity of the noise;
C. Whether the nature of the noise is unusual;
D. Whether the noise stands out against the level and intensity of the background noise, if any;
E.The proximity of the noise to residential sleeping facilities;
F. The nature and zoning of the area within which the noise emanates;
G. The density of the inhabitation of the area within which the noise emanates;
H. Whether the noise occurs at a time of day when most people expect relative quiet;
I. Whether the noise occurred only once for a short period of time or occurs more than once and for
longer periods of time; and
J. Whether the noise is produced by a reasonable commercial activity during normal business hours.
(Ord. 748,article 1, adopted 1980; Ord. 1062, §1, adopted 2005)
6059:EXEMPTIONS:
The following activities shall be exempt from the provisions of this ordinance:
A. Garbage collection activities subject to city franchise;
B. Operation of street sweepers by city personnel or the oper.ation of sweepers under contract to the
city.(Ord.748,article 1,adopted 1980)
6060:VIOLATIONS; INFRACTION:
Any person violating any of the provisions of this article shall be deemed guilty of an infraction,
punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred
dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each
additional violation within one year of committing the first offense. (Ord. 748, article 1, adopted 1980;
Ord. 1062,§1,adopted 2005)
6061:VIOLATIONS;ADDITIONAL REMEDIES; INJUNCTIONS:
As an additional remedy, the operation or maintenance of any device, instrument,vehicle, or machinery
in violation of any provision of this article, which operation or maintenance emits noise which causes
discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the
comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a
court of competent jurisdiction. (Ord.748, article 1,adopted 1980)
6062:SEVERABILITY:
If any provision,clause, sentence,or paragraph of this article or the application thereof to any person or
circumstances,shall be held invalid,such invalidity shall not affect the other provisions or applications of
the provisions of this chapter which can be given effect without the invalid provisions or application and,
to this end, the provisions of this article are hereby declared to be severable. (Ord. 748, article 1,
adopted 1980)
1 ITEM NO.
2
Community Development and Planning Department
L�lty of Zlkla�i 300 Seminary Avenue
Ukiah, CA 95482
planninq(a�citvofukiah.com
(707)463-6203
3
4 DATE: June 10, 2015
5
6 TO: Planning Commission
�
g FROM: Kevin Thompson, Principal Planner
9
Zo SUBJECT: Request for a Major Use Permit to allow a reorganization services for the
11 Ford Street Program at 201 Brush Street, and 139 Ford Street APN 002-
12 09-319, 002-12-110, 002-12-119, File No. 907-UP
13
14
15 RECOMMENDATION
16
17 Staff recommends that the Planning Commission approve the proposed Use Permit
Zs based on the draft findings included in Attachment 1 and subject to the draft conditions
19 of approval included in Attachment 2.
20
21 PROJECT DESCRIPTION
22
23 Ford Street Project (FSP) is requesting to consolidate "like programs" to better utilize its
24 two campuses, currently operating under two Use Permits granted in 2002 and 2005.
25 Since the approval of the two prior Use Permits, the FSP has the ability to reorganize
26 and add to its service offerings, and this Use Permit application reflects this. This action
2� will consolidate the two previously approved Use Permits, one master Use Permit for
2s the operations at both locations. There is no additional square footage being proposed
29 for construction. The project would reorganize the uses currently conducted by the
3o applicant, resulting in no increase in the intensity of the use of both sites.
31 Following describes the added services, and the amendments to previously approved
32 services:
33 Added services for both facilities include:
34 1. Respite care, accommodations up to four patients recovering from care at Ukiah
35 Valley Hospital
36 2. On site client day care
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
1
1 3. Expanded DUI program counseling
2 Chanqes to existinq operations include:
3 1. Brush Street renamed: The Ukiah Recovery Center
4 2. Reduce capacity of The Ukiah Recovery Center (formerly Buddy Eller) from 64 to
5 40.
6 3. Move all AOD (Alcohol and Other Drugs) services from the Ford Street to Buddy
� Eller site.
s 4. Expanded Administration offices (Within current Ford Street footprint)
9 5. Consolidate Ford Street emergency shelter and transitional housing services by
Zo co-locating the 18 bed sober living dorm for homeless adults and the 3-5
11 homeless families and eight unit transitional housing complex.
12 6. Commercial Kitchen / Community Garden program expansion (Brush Street)
13 7. Increase residential treatment from 32 to 40.
14 8. Homeless clients living at Unity Village Shelter are encouraged to stay on
15 property, and participate in meaningful activity as opposed to leaving during the
16 day.
1� 9. Ford Street will accommodate 18 homeless adults, and 3 -5 homeless families
Zs (approximately 7 people) in their Unity Village Shelter (formerly the residential
19 treatment dorm). This plan will accommodate 25 homeless clients in shelter
2o services, a reduction of 5 beds from when the dorm was used for residential
21 treatment. Ford Street will also make four additional 2 bedroom apartments
22 available for homeless families.
23 10.Buddy Eller location can currently accommodate 86 people — 64 homeless beds
24 and 22 transitional housing beds. This proposal intends to change site density to
25 accommodate 40 residential treatment beds and 22 transitional housing beds, a
26 reduction of 24 beds.
2� Shelter Management Plan (Attachment 4�:
2s
29 Resolution 2001-15 established use and development guidelines for homeless shelters
30 (Attachment 5). The intent of the Resolution is to provide a guide for the establishment
31 and operation of a homeless shelter. Ford Street Program has submitted a revised
32 Shelter Management Plan with this application. The plan includes hours of operation,
33 staffing levels, intake procedures and rules regarding drug and alcohol use.
34
35
36
37
38
39
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
2
1 SETTING
2
3 The project consists of two sites: 201 Brush Street, 134 Ford Street.
4
s Surrounding 201 Brush is the following:
6
� North: Vacant lot and self-storage
s South: Orrs Creek and multi-family residential
9 East: Single-Family
Zo West: Rail road tracks and industrial
11
12
13 Surrounding 139 Ford Street is the following:
14
15 North: Industrial and residential uses
16 South: Orrs Creek and residential uses
1� East: Rail road tracks and residential
Zs West: Residential uses
19
20
21 STAFF ANALYSIS
22
23 General Plan. The land use designation of the subject properties are Commercial (C2)
24 and High Density Residential (R3). The proposed use is consistent with the General
25 Plan designations on the subject property. Table 1 below provides an analysis of the
26 General Plan goals and policies that apply to the proposed project.
27
28
29
Table 1: General Plan Goals and Policies
General Plan Goal/Policy Staff Analysis
Community Development/Housing Element
Goal CF-9 Help reduce public health The project would promote good personal health and would help to
costs through education and support reduce public health costs by curing substance abuse and providing
programs knowledge of prevention and preventative education.
self-treatment of inedical problems. .
Goal H-2.e.Housing Element The Ford Street Program provides homeless services and other vital
As Staff and resources allow, assist the community services to the community, including respite care for
Ukiah Homeless Services Planning Group people recovering from medical issues, DUI consoling and job training.
in all ways possible.
30
31
32 Ukiah Airport Master Plan. The project site is not located within the airport
33 compatibility zones.
34
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
3
1 Use Permit. In order to approve a Use Permit, the findings included in Zoning
2 Ordinance section 9262(F1) are required to be made. The required findings and staffs
3 analysis are included in the table below.
4
Table 2. Use Permit Analysis
Use Permit Findings Staff Analysis
The proposed land use is consistent with the The proposed project is consistent with the General Plan as
provisions of this Title as well as the goals and described under General Plan above.
policies of the City General Plan.
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 to the public's health,safety and
general welfare. • The project site is located within an existing commercial
area and residential area.
• Ford Street Program has a strong and proven
management program that has resulted few community
complaints to the Planning Department over the course
of several years.
• Staff on the closed campus includes nineteen certified
alcohol and drug counselors.And a total of 34
employees in total.
The project will not be detrimental to the public's health,safety
and general welfare based on the following:
• Through the use permit the operational characteristics
would be regulated through the conditions of approval
such as site maintenance,operating procedures,
signage,and parking.
• The existing facilities are adequate to accommodate the
proposed uses.
• 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 not within the Airport Landuse
compatibility zones.
5
6
7
8
9
10
11
12
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
4
1 ENVIRONMENTAL REVIEW
2
3 The proposed project is exempt from the provisions of the California Environmental
4 Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, and 15303:
5
6 • The proposed project does not involve any new construction, rather a
� reorganization and relocation of services currently being provided by the Ford
g Street Program.
9
10
11 PUBLIC NOTICE
12
13 A notice of public hearing was provided in the following manner:
14
15 • posted in three places on the project site on May 29, 2015;
16 � mailed to property owners within 300 feet of the project site on May 29, 2015;
1� and
Zs • published in the Ukiah Daily Journal on March 31, 2015.
19
2o As of the writing of this staff report, no correspondence has been received in response
21 to the notice.
22
23 DECISION TIMELINE
24
25 The proposed project is subject to the requirements of the Permit Streamlining Act
26 (PSA). The PSA requires that a decision be made on the project within 60 days of the
2� application being deemed complete. This application was submitted to the Community
2s Development and Planning Department on April 21, 2015 and was deemed complete on
29 April 30, 2015. As such, a decision must be made on the project no later than June 30,
30 2015. The applicant may request a onetime extension of the decision timeline. The next
31 regularly scheduled Planning Commission meeting is June 10, 2015.
32
33
34 Attachments
35
36 1. Draft Use Permit Findings
3� 2. Draft Use Permit Conditions of Approval
3s 3. Project Description submitted by applicant date stamped April 21, 2015
39 4. Shelter Management Plan submitted by the applicant June 2, 2015
40 5. Resolution 2001-15 Guidelines for Homeless Shelter establishment and
41 management
42
43
44
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
5
1
2
3 ATTAC H M E N T 1
4
5 FINDINGS
6
7
8 DRAFT USE PERMIT FINDINGS TO ALLOW
9 FORD STREET PROGRAM
10 TO OPERATE A VAREITY OF HUMAN SERVICES
11 139 FORD STREET AND 201 BRUSH STREET
12 FILE NO: 907-UP
13
14 The following findings are supported by and based on information contained in this staff report,
15 the application materials and documentation, and the public record.
16
17 1. The project is consistent with the General Plan Vision Statement because it will provide
18 warm caring support and treatment to citizens struggling with substance abuse issues
19 and its goal is to help clients turn their lives around and become successful participants
20 in community life.
21
22 2. The project is consistent with General Plan Goal CF-9 and corresponding Policy CF-9.1
23 because it promotes good personal health and would help to reduce public health costs
24 by curing substance abuse and providing prevention education.
25
26 3. The project is compatible with surrounding land uses for the following reasons:
27
28 a. Its purpose and function are to improve the lived of substance abuse clients,
29 reduce substance in the Ukiah community, and transform substance abuse
30 clients into productive and contributing members of the community.
31
32 b. The project has a strong and proven management program that has resulted in
33 no community complaints to the Community Development Department over the
34 past 10 years.
35
36 c. The staff on the closed campus including 19 drug and alcohol consolers, and 9
37 homeless resource employees. The total number of employees is 36.
38
39 d. The project includes a management plan to manage the on-going operations of
40 the two facilities.
41
42 e. The project would reorganize the uses currently conducted by the applicant,
43 resulting in no increase in the intensity of the use of both sites.
44
45 4. The proposed project, as conditioned, will not be detrimental to public health, safety and
46 general welfare based on the following:
47
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
6
1 a. Through the use permit the operational characteristics will be regulated, therefore the
2 project would not be detrimental to the public.
3 b. The project has been reviewed by the Fire Marshal, Police Department, Building Official,
4 and Public Works and any review comments from these departments have been
5 included as conditions of approval.
6 c. The project is required to comply with all federal, state and local laws.
7 d. The project site is located within an existing commercial / residential area and is
8 surrounded mainly by commercial uses.
9 e. The location has in the past been used human service for the past 20 years.
10 f. The hours of operation would be consistent with other business in the area and is
11 consistent with the hours of operation of the previous business.
12
13 6 The proposed project is exempt from the provisions of the California Environmental Quality
14 Act (CEQA) pursuant to CEQA Guidelines Section 15301, and 15303:
15
16 a. The proposed project does not involve any new construction, rather a reorganization and
17 relocation of services currently being provided by the Ford Street Program.
18
19
20 7. Notice of the proposed project was provided in the following manner as required by the
21 Zoning Ordinance:
22
23 a. Posted in three places on the project site on May 29, 2015;
24 b. Mailed to property owners within 300 feet of the project site on May 29, 2015; and
25 c. Published in the Ukiah Daily Journal on May 31, 2015.
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
7
1
2
3
4 ATTACHMENT 2
5
6 DRAFT CONDITIONS OF APPROVAL
7
8 DRAFT USE PERMIT CONDITIONS FOR FORD STREET PROGRAM
9 TO OPERATE A VAREITY OF HUMAN SERVICES
10 139 FORD STREET AND 201 BRUSH STREET
11 FILE NO: 907-UP
12
13
14 Conditions of approval: The following Conditions of Approval shall be made a permanent part of
15 Major Use Permit#907-UP, shall remain in force regardless of property ownership, and shall be
16 implemented on order for this entitlement to remain valid:
17
18 1. All use, and occupancy shall conform to the application approved by the Planning
19 Commission and to any supporting documents submitted therewith. Including the Planning
20 Commission staff report dated June 10, 2015.
21
22 2. The Shelter Management Plan shall be strictly followed and enforced by the applicants and
23 failure to do so may cause revocation of the Use Permit.
24
25 3. The outdoor activities of clients using the grounds shall be strictly regulated and supervised to
26 ensure that noise levels are reduced to a level that does not significantly impact use on the
27 neighboring properties.
28
29
3o Standard Citv Conditions of Approval
31
32 4. This approval is not effective until the 10 day appeal period applicable to this Use Permit has
33 expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the
34 outcome of the appeal and shall be revised as necessary to comply with any modifications,
35 conditions, or requirements that were imposed as part of the appeal.
36
37 5. Business operations shall not commence until all permits required for the approved use,
38 including but not limited to business license, tenant improvement building permit, have been
39 applied for and issued/finaled.
40
41 6. No permit or entitlement shall be deemed effective unless and until all fees and charges
42 applicable to this application and these conditions of approval have been paid in full.
43
44 7. The property owner shall obtain and maintain any permit or approval required by law,
45 regulation, specification or ordinance of the City of Ukiah and other Local, State, or
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
8
1 Federal agencies as applicable. All construction shall comply with all fire, building, electric,
2 plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the
3 Building Permit is approved and issued.
4
5 8. A copy of all conditions of this Use Permit Amendment shall be provided to and be binding
6 upon any future purchaser, tenant, or other party of interest.
7
8 8. All conditions of approval that do not contain specific completion periods shall be completed
9 prior to commencement of services allowed by this use permit amendment.
10
11 9.This approval is contingent upon agreement of the applicant and property owner and their
12 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
13 agents, officers, attorneys, employees, boards and commissions from any claim, action or
14 proceeding brought against any of the foregoing individuals or entities, the purpose of which is
15 to attack, set aside, void or annul the approval of this application. This indemnification shall
16 include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees
17 that may be asserted by any person or entity, including the applicant, arising out of or in
18 connection with the City's action on this application, whether or not there is concurrent passive
19 or active negligence on the part of the City. If, for any reason any portion of this indemnification
20 agreement is held to be void or unenforceable by a court of competent jurisdiction, the
21 remainder of the agreement shall remain in full force and effect.
22
23
24
25
26
27
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
9
; : _
\ ' . , ` _
� �
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� r��t q � `�� =� Ford Street Project _ -
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� Apri12015
Ford Street Project ( FSR) is a 501(c)3 non-profit corporation located in the Wagenseller neighborhood of
Ukiah, with an annual budget of $ 1JSM and 34 full time; benefited employees.
Vision: Addiction. and Mardship can be overcome with personal commitment and support.
Mission: Ford Street Project is dedicated to assisting the addicted and homeless of Mendocino County
attain sobriety ond self-sufficiency.
FSP is planning to consolidate " like programs" on two campuses to better utilize property and expand
abilityto meet clients needs. This summary of services and corresponding locations is being provided in
support of our request for an amendment to our existing Use Permit. FSP also provides the local Food .
Bank and Homeless Resource Center located 888 N . State Street, but as no changes in use are planned
at that site, this "master plan " will only include the following addresses
Ukiah Recoverv Center• 201 Brush Street and 200 Ford Street IBuddv Eller Campus)
, Ford Street's primary site for AOD programs will be 201 Brush Street, and will be renamed : "The Ukiah
Recover Center. " This site provides improved privacy for clients, and closer access to vocational
Y
activities that include the garden and commercial kitchen . Ford Street plans to expand residential
treatment capacity to 40, as demand for services has increased from our two largest contractors; CA
State Department of Corrections and The Veteran 's Administration . When the Buddy EIIerEmer, gency
, Homeless Shelter was operational, the shelter facility could accommodate 64 homeless clients and 22 .
transitional housing clients at a time, for a combined site .occupancy total of 86 people . The Ukiah
Recovery Center plans include a maximum of 40 residential treatment client beds along with the 22
. transitional housing client beds for a planned reduction in site occupancy to 62 people .
Ukiah Recovery Center: 201 Brush Street & 200 Ford Street Size Locati.on
1 . 40 bed, Residential Treatment Dormitory 4800 sq ft 201 Brush Street
2 . Offices; Meeting Rooms and laundry facility 2100 sq_ ft 20�. Brush Street
3 . Commercial Kitchen, and Dining Half 2222 sq ft 201: Brush Street
4. 22 bed, Soberliving Dormitory and Office 3663 sq ft 201 Brush Street
5 . "Soap Factory" maintenance shop and large storage space 3000 sq ft 200 Ford Street
6 . "Garden House", gardener office, tool storage and client laundry 1200 sq ft . 200 Ford Street
_ 1 �
Unit Villa e : 133 & 135 Ford Street and 139 Ford Street
Relocating AOD residential treatment services fo the Buddy Eller Carnpus, enables Ford Street to
consolidate emergency shelter and transitional housing services by co-locating the 18 bed sober living
dormitory for single adults and 3�5 homeless family shelter next to the Unity Village transitional housing
complex. The homeless program provided at 139 Ford Street will include the expectation that all clients
remain clean and sober and participate . in our vocational program : The program has been redesigned to
include lessons learned at the Buddy Eller Shelter. 0ur new program will create a home like
environment, and clients wi l l be a l lowe d an d e n c o u r a g e d t o s t a y o n pro pert y. The environment will be
child friendly, as more children will be on site . It is our sincere intentiorrto design the " Unity Village°
program to look like any other apartment living situation on Ford Street, and eliminate the "siielter kid "
stigma that can harm homeless children.
Current occupancy for 133 & 135 Unity Village transitional housing apartments , serving eight families
typically averages 12 adults and 12 children at a time. We do not expect this to change in the future .
Current occupancy of 139 Ford Street; currently serving as primary site for AOD programs averages 30
people in treatment dorms and 16 adults in apartments fora total of 46 adults living on site at a time .
With our proposed changes, there will be up to 23 adults in the emergency shelter dorms and 6
children. In the transitional housing a.partments, there will be up to 8 adults and 8 children . The UVMC
Respite apartment can accommodate 4_ adults males . Although this ptan does not significantly change
our site occupancy rate, we will serve signi�cantly fewer adults (35 maximum) and more children ( 14
maximum) .
The only AOD Program that will remain at 139Ford Street is our DUI Program that provides counseling
and trainings two nights a week. This is a State licensed program and the license is granted with the
specification that services be proVided on the 139 Ford Street site .i -
Unity Village: 133, 135 &139 Ford Street Size Location •
T . Administration and. 4, 2 bedroom Transitional Housing Apartments 3830 sq ft 139 Ford Street .
2. Emergency Shelter porm for 18 Homeless Clients participating in 2700 sq ft 139 Ford Strset
Vocational Program and 3-5 homeless families
3 . Eight, 2 bedroom Transitional Housing Apts. for homeless families 6962 sq ft 133 &135 Ford
4 . 2 bedroom, WMCRespite Apartment to serve up to 4 UVMC 560 sq ft 139 Ford. Street
clients
5 . . Day Care Center and Meeting Roorim 864 sq ft 139 Ford Street :
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FORD STREET PROJECT
SHELTER MANAGEMENT PLAN
PHILOSOPHY: The humane sheltering of homeless families and individuals will be managed with the intent
of minimal negative impact on the neighboring community. Historically, there have been few arrests, despite
the close quartering of shelter clients. A collaboration of professional social service providers, drug and alcohol
treatment programs, mental health and medical clinic intervention and church groups volunteers have made a
difference in the lives of the homeless people seeking shelter. The homeless shelter was established to provide
a safe alternative to the streets for homeless individuals in Mendocino County. The purpose of the shelter is to
provide a homelike environment for homeless clients by providing a warm, dry, safe place to live for up to 6
months. Allowing clients to remain on property and engaged in supportive services and volunteer activities
provides stability and the opportunity to improve their personal self-sufficiency.
HOURS OF OPERATION: The homeless shelter will be open year-round on a daily basis, with operation
occurring 24 hours a day. Clients are encouraged to remain on site to engage in life skill, vocational, and other
supportive and housing services.
STAFFING: Ford Street Project will ensure that a minimum of one staff inember will be on duty at all times to
supervise facility, inside and outside. Ford Street Project shall provide to each neighbor within 300 feet of the
shelter the phone number to the staff at the homeless shelter and the names and contact numbers for Ford Street
Administration to provide follow-up and review for any concerns not promptly resolved by the homeless shelter
staf£ Perimeter security patrol shall be conducted on a regular basis by shelter staff. Shelter staff will work
with neighboring businesses and law enforcement to prevent or address concerns.
POLICIES AND PROCEDURES:
Admission/Intake/Screening: Data collected at intake includes the name, gender, age, ethnicity, number of
persons in household, housing and disability status, and Mendocino County residency. Upon admission into the
program, each client will be assigned a cot, linen, blanket, and pillow.
Eligibility Criteria: Occupants of the shelter shall be 18 years and over unless accompanied by a legal
guardian. Women and children will be sheltered separately from men unless a family unit can be assigned. If a
guest appears seriously ill, he/she will be referred to emergency medical or behavioral health services as
appropriate.
ALCOHOL/DRUGS: All shelter clients must screen negative for alcohol and drugs at the time of intake and
random drug testing will occur throughout the shelter client's stay. Alcohol and drugs will not be allowed on the
premises. The first infraction of this rule will result in staff writing a behavioral contract with the client that
shall include treatment services and a written statement by the shelter client agreeing to abstain from further
substance use and they will engage in substance use treatment. Any further infraction will result in immediate
discharge. Referrals will be made to detox whenever possible.
Quality Assurance: The Ford Street Project Executive Committee shall quarterly review any unusual incident
reports, grievances, or other client complaint received since the previous Quality Assurance Review to ensure
proper operation and oversight of shelter services.
June 2015
x
� RESOLUT�ON Nfl. 2D01-15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKlAH
ESTABLiSH�NG HOMELE5S SHELTER
USE AND DEVELOPMENT GUIDELINES F�R SITING,
DESIGNING AND US1NG H�MELESS FACILITIES
WHEREAS, in 1988, the City of Ukiah adopted Article 15.5 (Hameless Facilities) of
Chapter 2, Di�ision 9 of the Ukiah Municipal Code; and
WHEREAS, since 1988, t�e siting, design, and operational needs for homeless
shelter facilities has char�ged, which has rendered the existing 1988 regulations out-dated
and inflexible; and
WHEREAS, on July 12, 200D, the City Planning Commission cond�cted a public
�� hearing to consider revisions to Article 15.5 {Homeless Facilities} of Chapter 2, Division 9
af the Ukiah Municipal Code; and
WHEREAS, after the conduct ofthe public hearir�g,the Planning Commission voted
unanimously to recommend City Council adoption of tf�e Ordinance revising the Municipal
Carie, and approval af a Resolution establishing Homeless Shelter Use and Development
Guidelines; and
WHEREAS, On At�gust 2, 2000, the City Council, after the conduct of a public
hearing, appro�ed a Negative Declaration of Environmenkal Impact, and adopted an
Ordinance revising Artic�e 1�.v (Homeless Facifities) of Chapter 2, Divisior� 9 af the Ulciah
M�tnicipal Code; and
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� WHEREAS, the new�y adopted Ordinance ca�ls for the adoption of a Resolution
establishing Homeless Si�elter Use and Development Guide�ines; and
WHEREAS, the City Council Y�as re�iewed the Homeless Shelter lJse and
Development Guidelines, included as Exhibit "A" nere�n; and
NOW, THEREFORE BE IT RE50LVED that the City Counci! of the City of Uiciah
hereby approves the Homeless Shelter Use and oevelopment Guidelines to be used to
guide the use, siting, and design of hameless shelter facilities ir� the City of Ukiah.
PASSED AND ADOPTED on Auaust_'ffi._2004, by the following roll call�ote:
AYES: Councilmembets 5mith, Libby, Baldwin, Ashiku, and Mayor Mastin
NOES: Nane
ABSTAlN: None
ABSENT: Nane
� , � � --�...
Jim astin, Mayor
ATTEST:
��� �
Marie Ulvila, City Cierk
RESOLIlPION 2�01-15
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� EXH[BIT "A"
RESOLUTION 20�1-15
H4MELESS SHELTER FACILITY
USE AND DEVEL�PMENT GUiDELINES
I. Purpose and Intent
In recognition of the growing numbers of hameless persons in the Ukiah area, these guic�elines
are inten�ed to provid� a guide by which a #empo�ary or fang-term homel�ss shelter could be
established within the City of Ukiah. They are also intended ta ensure that the public's health,
safety, and welfare a�e maintained. The term "hnmeless shelte�'means the same as "homeless
facility."
I�. Perrr�it and P�anning Requirements
Use Permit: AIE homeless shelters require Planr�ing Commission approval of a Use Permit,
tonsistent with the provisians contained in Ukiah Municipal Code §9262. Use Permit
applications are an flle in the office of the Planning Department. Conditions of approval shall be
imposed by the Planning Commission in accordance with Article 15.5, Chapter 2 of the Ukiah
� Municipa� Code. Decisions of tF�� Planning Commission may be appealed to the City Council.
Shetter Management Plan: Shelter providers shall estabfish a Shelier Management Pian in
conjUnction with tF�e required Use Permit. 5helter Management Pfans shall address issues such
as trar�sportation needs, client supervision, foad servRCe {if any or if aflawed), client services,
interiar and exterior building improverr�ents for client ar�d neighborhood welfare, pets, and any
other companent which might b�ar on ensuring that the shel#er is operated in a safe, efficient,
and sanitary manner. The Shelter Management Plan shall also include measures to be
implemented that will ensure compatibility with surrounding land uses.
lll. Operational Standards:
A, Minimum Distance to Nearest Residential De�elopment: Homeless facilities sha�l �e
Iocated a su�cient distance from residential deve�opments sa that they wili not create
adverseiy impacts. Factars s�ch as topography, lartdscaping, structures, and otF�er
natural or man-made features shall help to determirte wi�ether or not a propased facility
could have an adverse impact on residential areas.
B. Mtn[mum Distance ta Nearest Schoal vr Public Par[c: Homeless faci�ities shall be
located a suff�cient distance from schaols and parks sa that they will not cr�ate
adversely irnpacts. Factors such as Eopagraphy, landscaping, structures, and other
naturaf ar man-made features shall help to determine whether or not a praposed faci�ity
could have an adverse impact an schoo[s and partcs. School and public park hours of
use shall also be considered when determin�ng Ehe apprapriate distance from schools
and parfcs.
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� C. Hours of Operation: 7emporary homeless shelters typically ate restricted to the hours
of 6:00 p.m. ta 8:00 a.m., during winier monkhs (Noveml�er to March). Haurs can �ary
depending an the severity andlor duration of the winter, or any vther unfareseen factar
(e.g., natural disaster, eta} which, individually or callectively, warrant different hours of
operation. Permanent homeless sh�lters are atlowed to have expanded hours af
operation, depending �pon the extent of ir�-residence services provided.
D. Shelter 5eparation from Other Shelkers:
Shelter Size �Number of Beds} Min. Se�aration fram Ofher Shelters
25 or less 0.25 miles
26—75 0.50 miles
76— 10Q 4.00 mifes
101 �- �25 1.SQ miles •
126 or mare 2.00 miles
E. Lccation: SheltErs should be lacated within a reasor�able distance or travel time from
se�rices and facilities used by the homeless {e.g., food senrice, bus stops, govemment
offices, etc.). Th�y shauld be in areas that are safe and have law crime rates. Shetters
should be locaked so as tfl minimize travel routes through residential neighbofioads to
geE to transit facilities or ather servi�es needed by the homeless. Finally, they shauld be
located so their operations do not conf�ict with r�earby businesses.
� F. Shelter Site and Facility SizelCapacity: The size of the s�elter site should be
cammensurate with the size of#he proposec! shelter structure and the activities attendant
ta its operation. To inscare tha# the shetter operatian is fully contained on site, the
building should be of su�cient dimensian and capacity to house the propased number of
residents and provide space for a varie#y of support activ�ties, as well as other acEivities
and facilities essential for its operatian. This would include, but not be limited to,
adequaie showerlbath facilities, toilets, off-street parking, stafF facilities, food preparation
facilities, co�ns�ling center, health screening faciiities, day care center, and the li[ce.
G. Enclosed and Screened Facilities: 5helter act�vities sho�ld be enclosed withir�
�ui�dings, except for nutdoor waiting areas and play areas for shelters which
accommadate families with chifdr�:n. Outdaor areas associated with the shelter shaulc!
be enclased and appropriately screened to ensure pri�acy and #a provide comfortable
waiting areas.
H. Lighting: Adequate on- and off-site lighting shauld be pravided.
I. Access: Adequate pedestrian access should be provided betw��n a homeless shelter
and transit facilities and other services needed by the homeless.
EXFItB�F•A'
RESOLUTIDN 2001•15
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