HomeMy WebLinkAboutpcm_05272015 Final 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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MINUTES OF THE PLANNING COMMISSION May 27, 2015
Page 9
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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
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MINUTES OF THE PLANNING COMMISSION May 27, 2015
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