HomeMy WebLinkAboutpcm_06102015 Final 1 UKIAH PLANNING COMMISSION
2 June 10, 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 Kevin Thompson, Principal Planner Listed below, Respectively
13 Michelle Johnson, Assistant Planner
14 Cathy Elawadly, Recording Secretary
15
16 1. CALL TO ORDER
17 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at
18 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
19
20 2. ROLL CALL
21
22 3. PLEDGE OF ALLEGIANCE - Everyone cited.
23
24 4. APPROVAL OF MINUTES —The minutes from the May 27, 2015 meeting are included for review
25 and approval.
26
27 M/S Watt/Hilliker to approve May 27, 2015 minutes, as submitted. Motion carried (4-0).
28
29 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
30
31 6. APPEAL PROCESS — Chair Whetzel read the appeal process. For matters heard at this
32 meeting, the final date to appeal is June 22, 2015.
33
34 7. SITE VISIT VERIFICATION - Confirmed by Commission.
35
36 8. VERIFICATION OF NOTICE- Confirmed by staff.
37
38 9. PUBLIC HEARING
39 9A. The PUB Use Permit, 585 N. State Street (File No. 12-11 UP). Consideration and possible
40 action of a request for approval of a Major Use Permit to allow live entertainment and special
41 events at the Pub at 585 N. State Street.
42
43 Assistant Planner Johnson:
44 • Gave a staff report/PowerPoint presentation that included a discussion about the project issues
45 as they relate to parking, noise, and landscaping and as addressed/evaluated in staff's analysis
46 of the project on pages 3, 4, and 5 of the staff report.
47 • The proposed project is a continuation from the regular May 27, 2015 Planning Commission
48 meeting.
49 • Approval of the use permit would allow:
50 ■ Live entertainment in the form of amplified music inside The PUB;
51 o a band or disc jockey, Friday or Saturday nights 7:00 p.m. to 12:00 a.m. no more
52 than twice a month;
53 o karaoke or open mic on Tuesday evenings 7:00 p.m. to 10:00 p.m.
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Page 1
1 ■ Fundraisers, non-profit events and private dinners would occur inside; Saturdays or
2 Sundays 1:00 p.m. to 7:00 p.m. no more than four times a month and may not include
3 live music;
4 ■ Shared parking lease agreement with Ukiah Credit Bureau for 20 overflow vehicle
5 parking spaces. (attachment 5 of the staff report)
6 ■ U-shaped bike rack for three bicycles.
7 • A Management Plan/Security Plan (attachment 4 of the staff report) that addresses
8 safety/security, noise, loitering, litter, lighting, alcohol consumption, education/training
9 that has been reviewed and approved by the Ukiah Police Department (UPD) in their
10 correspondence dated June 1, 2015. Captain Taylor of UPD has indicated the `trigger'
11 for an additional approved Security Plan would be two or more police calls for service to
12 the establishment in a year that were a direct result of the establishment's failure to
13 follow their approved management plan as determined, after review by the Planning
14 Director and UPD.
15 • Acknowledged public comments that were sent to planning staff after the Planning Commission
16 packet was prepared for this meeting that are incorporated into the minutes as attachment 1.
17 • Conditions of Approval# 1 &2 specifically address live entertainment and special events.
18 • Condition of Approval # 5 addresses overflow parking and states, `in the event the overflow
19 parking located at the Ukiah Credit Bureau parking lot is no longer available, alternative overflow
20 parking area shall be provided subject to review and approval by the planning department.'
21 • Condition of Approval # 8 provides that the use permit shall be reviewed within 12 months of
22 issuance by the Planning Director to determine compliance with the conditions of approval, the
23 number of Police Responses in a calendar year that were a direct result of the establishmenYs
24 failure to follow their approved management plan as determined after review by the Planning
25 Director and Police Department.
26 • Condition of Approval#9 provided that in order to reduce noise and loitering within the parking lot
27 at the close of business each night The PUB owners/stall shall ensure their patrons have left the
28 site by 2:00 a.m. each night.
29 • Conditions of Approval# 17 thru 21 are from UPD.
30 • Made a correction to Condition of Approval #14 and noted bike parking to accommodate for
31 'three' rather than `four' bikes shall be installed.
32 • Staff recommends approval of the project based on the Findings in attachment 1 and subject to
33 the conditions of approval in attachment 2.
34
35 Commissioner Watt:
36 • Referred to Condition of Approval # 4, related to special events or live entertainment and
37 parking/signage requested clarification if the applicant is required to submit language for signage
38 for every event or is just one version sufficient to submit for approval. The intent of this condition
39 of approval is to address neighborhood parking concerns and to encourage use of the overflow
40 parking lot at the Ukiah Credit Bureau.
41 • Related to Condition of Approval # 9 and inquired whether this is intended to include the overflow
42 parking?
43 • Related to the frequency of the special events requested clarification that fundraisers, non-profit
44 and private events may occur no more than four times per month on Saturday and Sundays and
45 how this works? Further inquired whether there is any language that contemplates, for example,
46 on Saturday an event could begin at 1 p.m. and go to 12 a.m. by having a special event from 1
47 p.m. to 7 p.m. with live entertainment from 7 p.m. to midnight all on the same day?
48
49 Commissioner Hilliker:
50 • Asked about operation of the security persons where the parking lot would be patrolled several
51 times a night and noted there is not much lighting in The PUB parking lot.
52
53 Commissioner Christensen:
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1 • Related to the previous documents for the project the establishment would close at 12:00 a.m.
2 and in the current version it seems that the music will stop at midnight but the closing time would
3 be 2:00 a.m.
4
5 Chair Whetzel:
6 • Referred to attachment 7 (City Noise Regulations) and requested clarification with live
7 entertainment permitted from 7:00 p.m. to midnight, according to the regulations for commercial
8 establishments 65 decibels 7 a.m. to 10 p.m. and 60 decibels after 10 p.m. to 7 a.m. are
9 acceptable levels and that the ambient noise level cannot be audible at any distance in excess of
10 200 feet from the amplifying equipment. Section 6057 of the Noise Regulations, item C, states,
11 `Sound level emanating from sound amplifying equipment shall not exceed 15 decibels above the
12 ambient base noise level. Nor shall it be audible at any distance in excess of 200 feet from the
13 amplifying equipment.' Requested clarified music can be amplified at 65 decibels for a distance of
14 200 ft.
15 • Referred to the Noise Ordinance and noted for R1 & R2 from 10 p.m. to 7 a.m. the maximum
16 ambient noise level is 40 decibels; for R1 & R2 from 7 p.m. to 10 p.m. the maximum ambient
17 noise level is 45 decibels; for R1 & R2 from 7 a.m. to 7 p.m. the maximum ambient noise level is
18 50 decibels; for R3 from 10 p.m. to 7 a.m. the maximum ambient noise level is 45 decibels; for R3
19 7 a.m. to 10 p.m. the maximum ambient noise level is 50 decibels that can go no further than the
20 property line.
21
22 Commissioner Watt:
23 • Requested clarification according to the Noise Ordinance sound level emanating from sound
24 amplifying equipment shall not exceed 15 decibels above the ambient base noise level and that
25 for commercial establishments 60 decibels is the maximum ambient noise level from 10 p.m. to 7
26 a.m. which means the sound emanating from the equipment cannot be over 75 decibels.
27
28 Assistant Planner Johnson:
29 • Confirmed one version is sufficient once it is approved and as long as there are no changes.
30 • Confirmed Condition of Approval #9 includes the overflow parking.
31 • Related to frequency of events, The PUB could potentially have karaoke on a Tuesday, live music
32 on a Friday and a special event on a Saturday and Sunday. However, having all of these events
33 occurring in one week is highly unlikely. The intent of the condition of approval pertinent to special
34 events is to allow the applicant some flexibility because fundraisers typically occur sporadically
35 and/or are unpredictable and the Planning Commission has the authority to exercise discretion in
36 this regard. To reduce impacts to the neighborhood, The PUB is limited to four special events a
37 month that may occur on Saturday or Sunday. For instance, The PUB could have a special event
38 Saturday and Sunday one week and the same the next week where they could have no more
39 events for that particular month. The days and time related to live music and special events is
40 what the applicant is proposing and is not a guarantee of what could potentially occur. The
41 Planning Commission has the discretion to decide whether what days and time for the events is
42 acceptable and/or how specific the days and time should be for the various events. Again, the
43 intent of staff is to allow the applicant some flexibility with regard to event planning/scheduling.
44 • The Management Plan explains how security will work.
45 • Confirmed live entertainment would end at 12:00 a.m., but the bar would be open until 2:00 a.m.
46 The live entertainment for The PUB is an accessory use to the bar. Planning staff and the
47 applicants met with Captain Taylor concerning the hours of operation for live entertainment using
48 The Office operation as an example. However, The Office live entertainment differs from The
49 PUB in that the ABC license is that of a restaurant and not of a bar and therefore closes at 12:00
50 a.m. In the case of The Office the bar is an accessory use to the restaurant.
51 • Confirmed the ambient noise level for amplifying equipment can extent as far as the property line
52 based upon the ambient noise levels and times for the three different zoning districts as provided
53 for in Section 6048 of the Noise Ordinance Regulations.
54 • Confirmed the sound emanating from the equipment cannot exceed 75 decibels.
55
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1 PUBLIC HEARING OPENED: 6:28 p.m.
2
3 Don Delahoyde, Applicant, Building owner of The PUB Sports Bar/Five Star Catering/Tognol's
4 Restaurant and business owner of Five Star Catering:
5 • Is hoping having live entertain will be economically viable but it is no guarantee. From a business
6 perspective it became apparent The PUB needed to provide some sort of live entertainment
7 in order to survive economically and be able to compete with other clubs/bars.
8 • Will fully comply with the Noise Ordinance regulations.
9
10 Commissioner Watt:
11 • It appears the applicants have provided the Planning Commission with the information requested.
12 • Referred to the overflow parking agreement with the Ukiah Credit Bureau, and noted the Use of
13 Premises section restricts the use to only after 5 p.m. and on weekends. Given the hours of
14 operation proposed for live entertainment, use of the parking lot restricted to 5 p.m. and on
15 weekends may not be enough.
16 • May want to clarity language in the `Use of Premises' section of the overflow parking agreement
17 that more clearly explains the days/hours of use, i.e., 5 p.m. on weekdays and that parking is
18 available on weekends when Ukiah Credit Bureau is closed to eliminate potential
19 misunderstanding.
20
21 Chair Whetrel:
22 • How will the sound levels be monitored/checked?Will a noise meter be used?
23 • Related to the issue of noise asked where bands will be located in the building as it relates to
24 sound proofing.
25 • Would like more information from Captain Taylor regarding the number of police calls and/or
26 responses made to The PUB.
27
28 Don Delahoyde:
29 • Does not foresee having live music on the weekdays before 5 p.m. The Ukiah Credit Bureau
30 closes at 5 p.m. on weekdays and is closed on weekends.
31 • Band and customer noise levels will be monitored by staff.
32 • Addressed the location of the bands and layout/design of the building relative to sound proofing.
33 The band will face south. Will make all concerted efforts to keep the noise levels down and in
34 compliance with City Noise Ordinance regulations.
35
36 Commissioner Hilliker:
37 • Asked about door security at The PUB.
38
39 Captain Trent Taylor, Ukiah Police Department:
40 • Provided information regarding police calls dating back to January 2014 and confirmed 13 calls
41 for service to The PUB. All of the associated calls were related to patron behavior where
42 someone from The PUB called for assistance. None of the calls were related to poor
43 management. Cited another bar in town that had approximately 100 service calls all related to
44 poor management in a one year period. The PUB is not generally noted for having police service
45 calls due to poor management, but rather an occasional call due to patron behavior.
46 • Has met with Mr. Delahoyde several occasions throughout the years to discuss security issues as
47 they arise and how best to resolve them.
48 • The PUB's management plan and team has been `good.'
49 • Is not familiar with door security at The PUB.
50
51 Don Delahoyde:
52 • Provides more security on Friday and Saturday nights where the intent is to have security
53 available so the bartender does not have to handle security issues.
54 • Initially had concern about protocol/procedure and when it is appropriate to call for police service
55 with a condition in place that says for any use permit granted, if the live entertainment or cover
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1 charge events cause the need for a Police Response more than two times in a calendar year that
2 were a direct result of the establishment's failure to follow their approved management plan as
3 determined after a review by the Planning Director and the Police Department the permit holder
4 will be required to thereafter submit a security plan to the Ukiah Police Department for approval a
5 minimum of 45 days prior to any future events.
6
7 Commissioner Christensen:
8 • How would UPD handle a call from a neighbor complaining about noise? Would the police
9 department conduct a sound level test? Is there a way to objectively evaluate a noise complaint
10 from a potential neighbor who is disgruntled and wants to cause problems for The PUB?
11
12 Captain Trent Taylor:
13 • The intent is to not discourage The PUB from calling for police service for patron behavior that is
14 not a direct result of the establishmenYs failure to follow their approved management plan where
15 the calls will be evaluated on a situation by situation basis. Again does not want to discourage
16 The PUB from calling for Police service when they are following their management plan. Would
17 be more worried if The PUB did not call when it was necessary to do so.
18 • The trigger with regard to non-compliance with the `no more than two calls in a calendar year'
19 condition of approval #19 would be if it was determined The PUB was not following their
20 approved management plan.
21 • A call from a disgruntled neighbor complaining noise would be evaluated. The police department
22 would not use a decibel meter to monitor ambient sound levels. The police department would
23 listen to see if the noise could be heard at the property lines and make a determination thereof.
24 Again, the trigger requiring The PUB to submit a security plan to UPD for approval a minimum of
25 45 days prior to any future event would be if it was determined The PUB was effectively not
26 following their management plan. If UPD were to ask The PUB repetitively to tone down the
27 noise, this would be cause for discussion. UPD typically does address incidents where people
28 are disturbed by noise and/or by other nuisance issues.
29
30 Missy Washburn, Property Manager of Park Place Apartments:
31 • The Park Place Apartments complex is located in the vicinity of The PUB.
32 • Park Place Apartments provides a safe and quiet place for people to live and explained the type
33 of security system she has in place.
34 • Her children get good grades, go to bed early in order to get sufficient rest and does not want to
35 hear live music and/or noise from special events late at night.
36 • While she would like to promote the livelihood of The PUB and see the establishment successful
37 has concern that about the bar patrons and the nuisance/safety problems they create in the
38 neighborhood and potential more impacts to the neighborhood that would be created by having
39 live entertainment. As such, cannot support project approval.
40 • Elaborated on the behavioral/nuisance problems created from persons that are non-residents
41 and attributes much of the problems in her apartment complex coming from patrons of The PUB.
42 • Is of the opinion approval of a use permit that allows live music would create further problems for
43 her apartment complex and the neighborhood.
44
45 (Name inaudible):
46 • Plays in a local band.
47 • Security has never has been an issue with one of his events.
48 • Played at The Office until the midnight curfew. His band keeps the volume where they need to be.
49 • Is of the opinion having a live music venue like the one proposed for The PUB will not create
50 more of a problem for the neighborhood.
51 • The PUB is not asking for more drinking at the bar, but rather creating a place for people to listen
52 to music. People like to listen to music.
53 • Other than The Office from time to time, Ukiah has no place where people can go to listen to live
54 music. The Ukiah Brewing Company used to feature live music and parking was always an
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1 issue. Sometimes, there would be as many as 200 persons attend a live music event at the Ukiah
2 Brewing Company.
3 • Finds it ludicrous to think that an establishment that provides live music is going to create more
4 problems for neighborhoods. People go to places to listen to live music where such events are
5 offered. The PUB happens to be a bar that will feature live music. People do not necessarily go to
6 a bar to drink, but rather to listen to music.
7 • Speaking for himself and on behalf of his fellow musicians if there is a City ordinance in place, we
8 follow it.
9 • Supports approval of the project.
10
11 Cynthia Arisota, Owner of Saucy Restaurant:
12 • Asked for clarification that the zoning where The PUB is located is commercial and residential.
13 • Ukiah offers no opportunity to listen to live music and noted where else are people going to listen
14 to live music other than in a bar or restaurant.
15 • Bars and restaurants are typically located in commercial zoning districts, but sometimes they are
16 located in residential/mixed-use zones as in the case of The PUB. Is of the opinion business
17 establishments located in residential/mixed-use zones should be allowed to thrive economically
18 and be able to do what they need to do to accomplish this objective.
19 • While sympathetic to persons living in the area of The PUB these persons made a choice to live
20 in an area that is not completely residential. Commercial businesses have no other choice but to
21 be in a commercial zone.
22 • Residents do have other choices. Commercial businesses provide jobs so it is important they
23 thrive economically and if successful may be able to provide better wages.
24 • When Mendocino Brewing Company had live music there were people walking around the
25 downtown area and dining in restaurants and looking for something to do before the live music
26 began. Ukiah needs to have a place where people can listen to music and where musicians play.
27 • We want a vibrant downtown where people come to dine, listen to music, shop and have a good
28 time.
29
30 Associate Planner Johnson:
31 • Confirmed the zoning in the area of The PUB is Community Commercial (C-1) and single-family
32 dwelling (R-1).
33
34 Francis (last name inaudible):
35 • Resides in the general vicinity of The PUB on Mason Street.
36 • Acknowledged the Wagenseller Neighborhood has problems with transients/homeless persons
37 passing through and/or living in the area and has concern for the safety of her grandchild that
38 lives with her. With the current negative impacts that occur in her neighborhood does not want to
39 have live entertainment in a bar that would further exacerbate the existing problems.
40 • Asked the Commission to consider her comments before making a decision.
41
42 Diane Jeffery:
43 • Resides in the Wagenseller Neighborhood on Clara Avenue, three doors down from The PUB.
44 • Is of the opinion it is not the band members that cause problems, it is the type of clientele The
45 PUB will draw having live entertainment.
46 • At the last Planning Commission meeting there was discussion about The PUB not proposing any
47 new landscaping and this was because of existing planters being vandalized by patrons in the
48 past. If The PUB does not trust their clientele to take care of their property why is the
49 neighborhood being asked to have The PUB's clientele take care of our property, which they
50 would not do. Has concern her property and other properties in the neighborhood will be
51 vandalized from the clientele of The PUB.
52 • Agrees that businesses operating in the commercial zoning district have the right to do what they
53 need to do to survive economically. However, she resides in a residential zone that happens to
54 be located near The PUB which is located in a commercial zone. Her home was built in 1903 and
55 since she purchased the home four years ago has cleaned up the site and made significant
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1 improvements. She takes pride in her property and the work she has done to restore the house
2 and make it look aesthetically pleasing and is concerned that her property will be damaged and
3 vandalized.
4 • Acknowledges that while the neighborhood has its problems, has observed the neighborhood has
5 been `quieY in the last four years and is concerned this quietness will change by allowing The
6 PUB to have live entertainment and the disruptive activity that goes with this type of venue.
7 • Her concern is with the type of clientele The PUB will draw by having live music.
8
9 Cynthia Arisota:
10 • Likes to places that feature live music. Does not vandalize private property. Would like a place to
11 go to listen to live music and would like to bring persons like her to these venues.
12
13 Stacy McGrew, Co-Owner of The PUB, Applicant:
14 • Is of the opinion that all the `riffraff' concerning persons creating problems in the neighborhood
15 talked about above does not come from the clientele of The PUB.
16 • The PUB also experiences problems with transients/homeless and/or other non-patrons in the
17 area hanging out on their property, littering and creating nuisance problem.
18
19 Chair Whetrel:
20 • Will there be more than just one security guard?
21 • Requested clarification that for special events there will be more than one security guard? The
22 management plan says there will be `a security door person' stationed in entryway to control and
23 monitor the front door, emergency exit as well as front parking lot.
24
25 Commissioner Christensen:
26 • Noted the management plan does state `if more security is needed we will supply the manpower
27 needed.'
28
29 Stacy McGrew:
30 • The PUB provides security. There will likely be three or four security persons with the live
31 entertainment depending upon the anticipated attendance where The PUB will exercise discretion
32 in this regard.
33 • The PUB always has one security person on Friday and Saturday nights and one of the bar
34 owners is also present.
35 • Confirmed for special/live events there will be three or four security persons.
36
37 Mr.Washburn, Manager for Park Lane Apartments:
38 • Is a security guard.
39 • Has installed security cameras on the property of the Park Lane Apartments.
40 • Can prove where people come from.
41 • Talked about the problems that occur on the Park Lane Apartments property with non-resident
42 persons creating a variety of nuisance issues.
43 • Does not support approval of a use permit to allow live entertainment at The PUB with the
44 likelihood of patrons creating further problems for the Park Lane Apartments.
45
46 Maureen Mulheren:
47 • Is a business owner and live music advocate.
48 • Mendocino County/Ukiah has many talented musicians and with the loss of live music at the
49 Ukiah Brewing Company there has been a lack of places where musicians can play.
50 • The Wagenseller Neighborhood where The PUB is located is residential and mixed-use.
51 • Acknowledged the Wagenseller Neighborhood experiences many types of nuisance problems
52 from persons and is of the opinion The PUB should not be blamed for all these problems.
53 • Lives in the vicinity of Ukiah High School and experiences noise impacts generated from sports
54 events that occur and continue on into late night. People enjoy attending sports events at the high
55 school and would not want to take away from this enjoyment.
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1 • Is of the opinion the type of patrons that attend live entertainment events are not the type of
2 clientele described and mentioned by previous speakers above.
3 • Supports approval of the proposed project.
4
5 Leonard Winter:
6 • Has lived in Ukiah his entire life.
7 • Owns property on Ford Street. People `mill around' all day long from Brush Street all the way
8 down to Perkins Street. These people do not come from The PUB, but rather come from the
9 railroad tracks and other areas.
10 • The Wagenseller Neighborhood is a noisy area and will continue to be.
11 • Supports allowing The PUB to maintain their business and do what they need to do to be
12 successful.
13
14 Commissioner Christensen:
15 • Will The PUB charge a `cover charge'for the live music events?
16
17 Don Delahoyde:
18 • Confirmed for some of the live music events a `cover charge' will be charged.
19
20 PUBLIC HEARING CLOSED: 7:08 p.m.
21
22 Commissioner Hilliker:
23 • As a former security person for bar establishments in Ukiah, did his job in a professional manner
24 such that there were little or no negative impacts to the neighborhoods.
25 • Ukiah needs more entertainment opportunities that include a place where a person can go and
26 listen to live entertainment.
27 • From his residence he can hear noise from soccer games at Pomolita, football games at Ukiah
28 High School, concerts in the park, parades, baseball games occurring at Anton Stadium,
29 racetrack at the Fairgrounds and more and does not support placing a number of additional
30 restrictions on a particular local business.
31 • Related to the statements made about the patrons of The PUB doubts that the problems created
32 in the neighborhood come specifically from PUB patrons. These people come to the
33 neighborhood from the railroad tracks and from other streets/areas for convenience purposes.
34 • Knows Mr. Delahoyde personally so that when he says he will keep down the noise level down,
35 he will do so.
36 • While he understands some of the local residents in the neighborhood are upset about The PUB
37 having live entertainment is of the opinion they are getting upset ahead of time. There has been
38 no music at this location for a long time when it was TK Mining Company. The neighborhood may
39 be more worried about the potential of what could occur as opposed to what is really going to
40 happen.
41
42 Commissioner Christensen:
43 • At the last meeting the Commission regarding this project asked the applicants for specific
44 information and is of the opinion this information has been sufficiently provided. Based on this
45 action/compliance, is of the opinion no further conditions are necessary.
46 • To address some of the concerns mentioned above, also has children and understands the need
47 for them to get proper rest. The live music will mostly occur on Friday and Saturday nights when
48 children generally stay up later and can sleep in. There is already noise from people wandering
49 around the neighborhood who may or may not have been to The PUB. Allowing The PUB to have
50 live music is not going to affect children having to get up for school on Saturday morning.
51 • Is of the opinion most of the issues in the neighborhood should not be attributed to The PUB
52 patrons.
53 • Drives on Clara Avenue every morning at 7:45 a.m. and has observed some `very interesting
54 elements' that certainly were not at The PUB the night before.
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Page 8
1 • There are always people that will do something stupid that create a problem, but this is what
2 security is for. Is of the opinion the Management/Security Plan is very comprehensive and the
3 police department will be involved should there be multiple problems in the neighborhood.
4 • At this point we need to allow this business to have live music.
5 • Does advocate for live music. Her father was a band member and he spent many nights in a bar
6 playing music.
7 • Supports approval of the project.
8
9 Commissioner Watt:
10 • Echoes the sentiments of his fellow commissioners.
11 • The applicants have put a lot of work and effort into making the project to address the concerns
12 made, i.e., the parking, noise, security. This could all be taken away if the project does not work
13 according to the project conditions. The project will be reviewed in a year and if it does work out
14 this will be the end of it.
15 • Given the opportunity it is up to The PUB owners to manage the concerns.
16 • Supports project approval.
17
18 Chair Whetzel:
19 • Would like to see the project happen.
20 • Does have concerns about the surrounding neighborhood.
21 • Asked about the time The Office is required to stop the live music.
22 • Would like to condition the project to have at least four security persons on duty for the 7:00 p.m.
23 to midnight events no matter what.
24
25 Assistant Planner Johnson:
26 • Is of the opinion The Office live music is required to end at midnight, but will verify this.
27 Remember The Office is an accessory use to a restaurant having different conditions.
28
29 Commissioner Watt:
30 • There is a cost associated with hiring security personnel and if this is unnecessary would likely be
31 a burden to them and would not be in favor of conditioning the project in this regard.
32 • The management plan states more security would be brought in if this is necessary.
33 • Is inclined to let The PUB manage their business and allow them to make the decision when
34 additional security is needed.
35
36 Commissioner Christensen:
37 • Does not support conditioning the project to require the applicants hire additional security
38 personnel.
39 • The management/security plan also states that staff will be cross-trained on how to handle
40 emergency situations.
41
42 Commissioner Hilliker:
43 • Explained how security works at bars typically having one person inside and one outside and
44 does not recall in his experience as a security person any situation that could not be handled by
45 one person working the door and one person outside.
46 • Does not see a reason to require the applicants have more security personnel and allow them to
47 make a judgment call should more onsite security be necessary.
48
49 M/S Hilliker/Christensen to approve The PUB Use Permit (File No. 12-11 UP) with Findings in
50 Attachment 1 and Conditions of Approval in Attachment 2. Motion carried (4-0).
51
52 Break: 7:22 p.m.
53 Reconvene: 7:28 p.m.
54
55
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Page 9
1 9B. Ford Street Program (File No. 907 UP) Ford Street Project (FSP) is requesting to consolidate
2 'like programs' into one master Use Permit to better utilize the two existing campuses. There is no
3 additional square footage being proposed.
4
5 Principal Planner Thompson gave a staff report and PowerPoint presentation:
6 • Ford Street Project (FSP) is requesting to consolidate `like programs' to better utilize its two
7 campuses and expand its ability to meet client needs currently operating under two use permits
8 granted in 2002 and 2005. This action of amending FSP's existing use permit will consolidate the
9 two previously approved use permits and allow for one master use permit for the operations at
10 both locations.
11 • The services for both facilities include: 1) Respite care with accommodation up to four patients
12 recovering from care at Ukiah Valley Medical Center; 2) Onsite client daycare; 3) Expanded DUI
13 program counseling.
14 • Changes to the existing operations include: 1) Brush Street renamed to The Ukiah Recovery
15 Center; 2)Reduce capacity of the Ukiah Recovery Center (formerly Buddy Eller Emergency
16 Homeless Shelter)from 64 to 40; 3) Move all Alcohol and Other Drugs (AOD) services from Ford
17 Street to Buddy Eller site; 4) Expanded Administration offices within current Ford Street footprint;
18 5) Consolidate Ford Street Emergency Shelter and transitional housing services by co-locating
19 the 18 bed sober living dorm for homeless adults and the 3-5 homeless families and eight unit
20 transitional housing complex; 6) Commercial kitchen/community garden program expansion
21 (Brush Street); 7) Increase residential treatment from 32 to 40; 8) Homeless clients living at Unity
22 Village Shelter are encouraged to stay on property and participate in meaningful activity as
23 opposed to leaving during the day and creating negative impacts to the neighborhood as they
24 leave the site; 9) Ford Street will accommodate 18 homeless adults and three to five homeless
25 families (approx.. seven people) in their Unity Village Shelter that is formerly the residential
26 treatment dorm. This plan will accommodate 25 homeless clients in shelter services, a reduction
27 of five beds from when the dorm was used for residential treatment. Ford Street will also make
28 four additional two bedroom apartments available for homeless families.
29 • Buddy Eller location can currently accommodate 86 people (64 homeless beds and 22
30 transitional housing beds). The proposal intends to change site density to accommodate 40
31 residential treatment beds and 22 transitional housing beds with a reduction of 24 beds.
32
33 Commissioner Hilliker:
34 • Had a tour of the complex and has a pretty good understanding of the project.
35
36 Commissioner Watts:
37 • Does the project involve any remodeling of buildings?
38
39 Principal Planner Thompson:
40 • No physical changes will be made to the buildings as part of the proposed project.
41 • The project essentially involves the moving around of programs and the addition of new services.
42
43 PUBLIC HEARING OPENED: 7:32 p.m.
44
45 Jacque Williams, Executive Director of Ford Street Project:
46 • Addressed FSP's master plan of consolidating `like programs' on two campuses and the services
47 that will be available as it relates to the Ukiah Recovery Center located at 201 Brush Street and
48 200 Ford Street (Buddy Eller Campus)and Unity Village at 133 & 135 & 139 Ford Street.
49 • FSP also oversees the local Food Bank and Homeless Resource Center located at 888 N. State.
50 Street.
51 • FSP's primary site AOD programs will be 201 Brush Street and will be renamed The Ukiah
52 Recovery Center. This site provides improved privacy for clients and closer access to vocational
53 activities that include the garden and commercial kitchen. FSP plans to expand residential
54 treatment capacity to 40 since the demand for services has increased from the largest contractors
55 (California State Department of Corrections and The Veteran's Administration.
MINUTES OF THE PLANNING COMMISSION June 10, 2015
Page 10
1 • When the Buddy Eller Emergency Homeless Shelter was in operation, the shelter facility could
2 accommodate 64 homeless clients and 22 transitional housing clients at a time for a combined
3 site occupancy total of 86 people. The Ukiah Recovery Center plans include a maximum 40
4 residential treatment client beds along with the 22 transitional housing client beds for a planned
5 reduction in site occupancy to 62 people.
6 • Relocating the AOD residential treatment services to the Buddy Eller Campus enables FSP to
7 consolidate emergency shelter and transitional housing services by co-locating the 18 bed sober
8 living dormitory for single adults and 3-5 homeless family shelter next to the Unity Village
9 transitional housing complex. The homeless program provided at 139 Ford Street will include the
10 expectation that all clients remain clean and sober and participate in the vocational program. The
11 program has been redesigned to include lessons learned at the Buddy Eller Shelter. The new
12 program will create a home like environment and clients will be allowed and encourage to stay on
13 the property. The environment will be child friendly, as more children will be on site. The intent is
14 to design the Unity Village program to look like any other apartment living situation on Ford Street
15 and eliminate the `shelter kid' stigma that can harm homeless children.
16 • Current occupancy for 133 & 135 Unity Village transitional housing apartments serving eight
17 families typically averages 12 adults and 12 children at a time.
18 • Current occupancy of 139 For Street currently serving as the primary site for AOD programs
19 averages 30 people in treatment dorms and 16 adults in apartments for a total of 46 adults living
20 onsite at a time. With the proposed changes, there will be 23 adults in the emergency shelter
21 dorms and six children. The transitional housing apartments will house up to eight adults and
22 eight children. The UVMC Respite apartment can accommodate four adult males. While the plan
23 does not change the site occupancy rate, it will serve significantly fewer adults (35 maximum)and
24 more children (14 maximum).
25 • The only AOD program that will at 139 Ford Street is the DUI Program that provides counseling
26 and training two nights a week and is a State licensed program.
27
28 Commissioner Hilliker:
29 • Asked about the procedure for persons receiving shelter services leaving Ford Street and do they
30 need a pass?
31 • Related to homeless services requested clarification homeless persons must be referred.
32 • Asked what agencies can assist and refer veterans seeking treatment at Ford Street.
33
34 Commissioner Christensen:
35 • When a person is in the intake process how does Ford Street know the person is local? There is
36 a perception that people are bused to Mendocino County/Ukiah to get services.
37
38 Commissioner Watt:
39 • What prompted the change to consolidate `like programs' under one master use permit?
40
41 Jacque Williams:
42 • Related to persons receiving shelter services, when a person is admitted into the program there
43 will be no person that can come into 139 Ford Street and say `I am homeless and I need a place
44 to stay.' Persons desiring shelter services must apply at 888 N. State Street, which is the
45 Homeless Resource Center. Applicants must first be drug tested and then they are placed. When
46 placed persons must sign a contract with Ford Street where Ford Street will provide training,
47 credit counseling, and other educational programs. Persons accepted into shelter services must
48 remain clean and sober, do their vocational commitment and be at the facility. If a situation arises
49 where there is a death in the family or some other emergency-related issue where a person
50 needs to leave, a pass granting permission to go offsite must be obtained similar to what occurs
51 in school situations. When the homeless shelter was in operation at the Buddy Eller Center, found
52 it very difficult to serve homeless families. Many homeless families do not come to shelters
53 because they are afraid particularly if they were involved in CPS cases such that they are unable
54 to provide adequate food and shelter for their children and the fear of losing custody of their
55 children. Ford Street is replicating a program that is currently occurring in Petaluma where Ford
MINUTES OF THE PLANNING COMMISSION June 10, 2015
Page 11
1 Street will be able to serve 3-5 homeless families in the proposed new configuration. These
2 families will have a private space as opposed to being mixed with everyone else as in past
3 homeless shelter operations. This particular homeless program is a high priority for Ford Street
4 so as to create a much safer environment for children that may find themselves in that
5 homelessness situation and in California this happens to be 1 in 30 children. Ford Street has
6 always provided eight units of transitional housing for homeless families. The change regarding
7 the homeless shelter operation allowed Ford Street to add another four two-bedroom units for this
8 purpose. As homeless families are being served in the shelter services program these same
9 families can later be moved into transitional housing where they will be able to live at Ford Street
10 longer than six months so they can get their lives in order and save some money.
11 • Confirmed homeless person must be referred through the Homeless Resource Center located at
12 888 N. State Street. The Veteran's Administration is pleased with Ford StreeYs new expanded
13 services and would like to continue sponsoring veterans participating in Ford Street treatment
14 programs so they would be able to stay longer to make certain they are clean and sober and
15 ready to get on with their lives. Confirmed the County VA Office and the VA Office located in San
16 Francisco can assist veterans with regard to referrals. Related to veteran referrals, most but not
17 all referrals are Mendocino County residents, but because of the smaller less populated counties
18 north of Mendocino County referrals for treatment at Ford Street will come through the San
19 Francisco Veteran Administration Office.
20 • Looking at the Buddy Eller Center data would have to acknowledge that when this homeless
21 shelter had accommodations for 64 beds such that when a homeless shelter facility has that kind
22 of capacity it is likely persons from nearby counties where there be no homeless shelter facility
23 did use the Buddy Eller Center shelter. Has no knowledge about persons being bused in to use
24 the Ford Street homeless shelter. Because literally most of Ford Street's funding comes from
25 local sources, Ford Street pays particular attention to assisting local persons in need of shelter
26 and/or treatment program services. Ford Street does not typically serve the chronically homeless
27 that may have spent years going up and down the road because it is not effective. Ford Street
28 can ask a homeless person to give out information concerning their last address/residence where
29 this information is documented such that there is a homeless information data system in place.
30 This system allows Ford Street to create annual reports related to homelessness etc. for the
31 purpose of seeing where people were and/or formerly residing.
32 • One of the reasons that prompted the change is Ford Street lost funding to operate the larger
33 homeless shelter and so the operational dollars that Ford Street had from federal grant funding is
34 no longer available. As such for the last several year Ford Street was actually`going in the hole'
35 to keep the homeless shelter open. The other reason for consolidation is that there has been a
36 real concern how to more effectively serve homeless families such that children do not have to go
37 to foster care for long periods of time. When the homeless shelter facility closed it seemed like a
38 natural conclusion to consolidate programs and provide better more effective services. To
39 operate an alcohol and drug treatment program it is important that privacy is provided to the
40 clientele and this has been difficult to accomplish.
41
42 Russell Caulderwood:
43 • Resides next door to Unity Village on Ford Street.
44 • Is uneducated about the proposed changes to Ford Street, particularly with the plan for the
45 homeless facility to be re-located right next door when it used to be located at the Buddy Eller
46 campus on Brush Street.
47 • His primary concern relative to the consolidation is for the safety of his three children having a
48 homeless shelter operating next door.
49 • The Ford Street Program that currently operates next door to him is supervised by a large staff.
50 With the consolidation of 'like programs' the supervision of the homeless shelter will consist of
51 nine staff members whereas the existing program in this location was supervised by
52 approximately 18 or 19 staff members. Finds this reduction in staff inembers to be a concern
53 particularly with homeless persons that are at-risk.
MINUTES OF THE PLANNING COMMISSION June 10, 2015
Page 12
1 • Referred to page 1 of the staff report concerning added services for both facilities and inquired
2 about the intent of the `onsite client daycare.' How many people will the daycare facility serve?
3 Will persons residing at the homeless facility be free to walk around?
4 • Worked in a facility out of the area that serviced the homeless and this facility had a daycare
5 program for the clients and the daycare was for adults not children.
6 • The information in the staff report says homeless clients living at Unity Village are `encouraged'
7 to stay on the property and does not say`required.'
8 • Does not want homeless clientele in his front yard.
9
10 Chair Whetzel:
11 • The daycare facility is for children of persons getting assistance at Ford Street and is not an adult
12 daycare facility.
13 • Understands the reason for the reduction of staff is because Ford Street is not going to have as
14 many homeless persons to serve as it once did. Also, the homeless facility will not be an
15 overnight come and go facility as was the Buddy Eller homeless facility but rather will function as
16 a residential center such that clients will be allowed to stay there as part of the program.
17 • Understands homeless clients enter into a contract to complete programs and must obtain
18 permission to leave the premises.
19 • The homeless service program has reduced the number of clientele it can serve so as to provide
20 for a better program that would be more effective/beneficial to clients than what was occurring at
21 the Buddy Eller homeless shelter campus.
22
23 Russell Caulderwood:
24 • Understands there is a reduction in the number of homeless persons being assisted but does not
25 see a need for a reduction. Ukiah needs more homeless facilities not less and does not
26 understand why Ford Street would want to serve less persons in need instead of more.
27
28 Chair Whetzel:
29 • Agrees Ukiah needs more homeless shelter facilities.
30
31 Commissioner Hilliker:
32 • The reason for the reduction in personnel is because Ford Street lost its funding to operate the
33 homeless shelter at the Buddy Eller Center where the intent of the consolidation is to allow the
34 existing programs to work more efficiently so as to better serve the need of its clients.
35 Consolidation of both facilities on the Ford Street campus not only would allow for operational
36 efficiency, but allowed the opportunity to add services.
37
38 Russell Caulderwood:
39 • Again, lives right next door to the new homeless facility.
40 • Owns his property and is of the opinion he has the right to enjoy this property and to be able to
41 feel safe and secure, particularly for the health and welfare of his children.
42 • His concern is that homeless persons will just walk into the facility and that it will not be
43 appropriately managed given the type of clientele and needs thereof.
44 • Does not support re-location of the homeless shelter to Unity Village.
45 • Requested that the designated smoking area be changed because it impacts his living situation.
46 • Is of the opinion the public noticing of the project was very misleading as to the project objective.
47 • Encourages the Commission to give the community the chance to really know what is going on
48 with the consolidation of two Ford Street campuses.
49
50 Chair Whetzel:
51 • A homeless person/family has to be referred to the facility, sign a contract and abide by the rules
52 if he/she or the family wants to stay for assistance and/or treatment if this is the case. The new
53 facility will be operated much differently than the homeless shelter at the Buddy Eller Center.
54 • It may be Mr. Caulderwood does not fully understand the concept and/or reasons for the
55 consolidation and corresponding programs that will be offered. The former homeless program is
MINUTES OF THE PLANNING COMMISSION June 10, 2015
Page 13
1 being replaced with a program that is much more effective/efficient in helping persons with this
2 this need that can better be accomplished by servicing fewer persons and allows the opportunity
3 for more homeless families to get the help they need to become self-sustaining/sufficient.
4
5 Jacque Williams:
6 • Explained how the staffing works for the various programs and reason for the changes. As a
7 result of the change there is more `client to staff' interaction in the AOD and shelter programs.
8 • For 10 years Ford Street has housed eight homeless families and the change will allow Ford
9 Street to house another four families for a total of 12 homeless families. Child Daycare for these
10 families will be provided that will particularly benefit single mothers living at Ford Street who may
11 be going back to school.
12 • The intent is for Unity Village to look like any apartment complex and not a treatment facility or
13 homeless shelter. Everyone living in Unity Village will be drug tested and must be clean and
14 sober.
15 • Noted the majority of the persons in the drug and alcohol program where likely homeless when
16 they came into the program and/or right out of prison.
17 • Is of the opinion the situation with neighbor Caulderwood is probably a 'safer situation' with the
18 change.
19 • Will look into changing the designated smoking area. Ford Street does have a `stop smoking'
20 program.
21 • The Wagenseller Neighborhood has been very helpful with giving Ford Street feedback on ways
22 to improve programs that would lessen potential impacts to the neighborhood.
23
24 Commissioner Christensen:
25 • Appreciated the opportunity to tour the Ford Street facilities so as to better understand the
26 programs and how they function, particularly with re-location of the homeless shelter. Initially had
27 the thought that the homeless shelter would be a drop-in/walk-in situation when this is not what
28 will occur. Mr. Caulderwood may be having this thought too. Homeless persons/families must
29 have a referral and cannot just walk into the facility.
30
31 Commissioner Hilliker:
32 • Ford Street is a controlled site where non-clients cannot just 'hangout.' It is a place where
33 individual families will have a home, training and educational opportunities to help them
34 successfully reenter society.
35
36 Commissioner Watt:
37 • What type of curfew and/or measures will be in force for checking to make certain there are no
38 uninvited guests or non-client persons hanging around on the site?
39 • Are overnight guests allowed?
40 • Asked about incidents that have occurred at Ford Street related to persons in the alcohol and
41 drug program.
42 • Requested clarification regarding the existing two use permits and whether the one master use
43 permit supersedes them.
44
45 Jacque Williams:
46 • Related to Ford Street homeless shelter operation, clients typically come home by 9:00 or 10:00
47 p.m. because some clients go to AA meetings and other meetings that may not end until after
48 9:00 p.m. On weekday nights everyone must check in by 10:00 p.m. Clients have to check in
49 before they leave the property, specify where they are going and when they will be back. Ford
50 Street staff maintains the rules in this regard. Ford Street has staff that watch the perimeter of the
51 property. There have been incidents where people are on the sidewalk and trying to talk to people
52 in treatment. As such, Ford Street makes watching the perimeter a priority.
53 • Confirmed there are no overnight guests. Ford Street does try to accommodate guests of clients
54 for visitation purposes. All family visitations are planned in advance.
55 • Ford Street staff is cognizant of all persons onsite.
MINUTES OF THE PLANNING COMMISSION June 10, 2015
Page 14
1 Russell Caulderwood:
2 • Inquired further about the monitoring of the property and which program the execute director is
3 referring to in terms of monitoring.
4 • Ford Street has a new program agenda. No one really knows how it will play out.
5 • It is important that every measure be taken to make certain the neighborhood and people
6 participating in programs at Ford Street are safe.
7 • Was not well-informed of the proposed project and the corresponding changes.
8
9 Jacque Williams:
10 • Confirmed the staff monitors the property and is aware of all persons.
11 • Is ultimately responsible for everyone receiving care/treatment at Ford Street and for project
12 impacts to the Wagenseller Neighborhood.
13 • The Management Plan is designed to address infractions and/or slip ups that do happen.
14 • Is confident persons in Ford StreeYs care are adequately regarded.
15 • Once incident related to the alcohol and drug program is that one client stole another client's car.
16 Acknowledged that in the type of programs Ford Street orchestrates there are bound to be
17 infractions because this goes with the job. Ford Street has rules/measures in place to help
18 prevent and address violations. Incident reports are made for any calls or problems reported and
19 reviewed by staff to see if changes to programs are necessary.
20
21 Leonard Winters:
22 • Ford Street has been operating for a long time. It is a good program and helps many people.
23 • Related to noticing of the project, it may be some of the neighbors did not fully understand what
24 the project was about. Acknowledged it is important neighbors feel safe and secure in their own
25 homes. It may be that Ford Street should have more security personnel.
26
27 Commissioner Christensen:
28 • Asked about the program characteristics for Unity Village. Related to security has this complex
29 had problems in this regard?
30
31 Jacque Williams:
32 • Confirmed Ford Street will accommodate 18 homeless adults and 3-5 homeless families in their
33 Unity Village Shelter that was formerly the residential treatment dorm. The former Buddy Eller
34 location can accommodate 86 persons, i.e., 64 homeless beds and 22 transitional housing beds.
35 The proposal intends to change site density to accommodate 40 residential treatment beds and
36 22 transitional housing beds for a reduction of 24 beds. Related to security at Unity Village as a
37 residential treatment facility, the only problem Ford Street has experienced is with people
38 walking into the parking lot when it is supposed to be a closed campus since the area is so open.
39 As such, staff has to really monitor the area.
40 • The intent of the project change is for Ford Street to be able to better utilize its facilities and
41 corresponding services by reorganizing/consolidating and adding new services to the program
42 under one use permit rather than two. Before the changes at Ford Street are possible approval
43 the master use permit is necessary.
44
45 Principal Planner Thompson:
46 • Confirmed the one master use permit will supersede the two previously approved use permits for
47 Ford Street.
48
49 There was further discussion concerning the homeless shelter operation at Unity Village related to safety
50 and security.
51
52 The Commission encouraged Mr. Caulderwood to meet with Jacque Williams to discuss his concerns so
53 as to have a better understanding of the changes being made to Ford Street.
54
55 PUBLIC HEARING CLOSED: 8:30 p.m.
MINUTES OF THE PLANNING COMMISSION June 10, 2015
Page 15
1 M/S Watt/Hilliker to approve Ford Street Program (File No. 907 UP) with Finding in attachment 1 and
2 Conditions of Approval in attachment 2. Motion carried (4-0).
3
4 10. PLANNING DIRECTOR'S REPORT
5 Principle Planner Thompson:
6 • Gave an update on the recent Zoning Administrator meeting and upcoming Commission projects.
7
8 11. PLANNING COMMISSIONERS' REPORT
9 Chair Whetzel asked about the status of the FEIR for improvements to the Talmage Road/Highway 101
10 interchange project.
11
12 12. ADJOURNMENT
13 There being no further business, the meeting adjourned at 8:35 p.m.
14
15
16 Cathy Elawadly, Recording Secretary
17
18
19
MINUTES OF THE PLANNING COMMISSION June 10, 2015
Page 16
Cathy Elawadly �Att�ac:hme�� ��� r
From: Kevin Thompson
Sent: Tuesday, June 09, 2015 8:34 AM
To: Cathy Elawadly
Subject: FW: Oppose Use Permit for The Pub
Attachments: Pub Use Permit.docx
From: Ann Kelly [mailto:aakelly@sbcglobal.net]
Sent: Monday, June 08, 2015 10:32 P
To: Planning Department
Subject: Oppose Use Permit for The Pub
Dear Ukiah Planning Commission:
I Live on Clara Ave, further down closer to Orchard and away from the State St.
However I have heard from residents for years about the undesirable behaviors that the Pub generates,
especially at night, including rampant urination and defecation on private property,
to automobile vandalism and break-ins, and violent vandalism of one of the Wagenseller Kiosks
so often, that it was finally removed. �
In this way The Pub has not been good neighbors. Their establishment's public face does not present
a positive presence to State St or the Wagenseller neighborhood. There is no aesthetic landscaping
Basically, it is a foul smelling bar. At a recent planning commission meeting they reported struggling with
the undesirable behavior of their clientele defecating in planters and so forth. There is significant collateral
damage by their patrons in the 100 block of Clara Ave that has been happening for years.
Therefore adding further to the degradation of the neighborhood with loud, live music until midnight is
unacceptable. I assert that the City should require that The Pub to fully adhere to the current use permit
and get control of the negative impacts they already cause before allowing the attraction of larger unruly
crowds without adequate parking.
I implore the Planning Commission to hold to the sound ordinance 66 057 REGULATIONS and not allow any
variance beyond the codes in the ordinance.
Thank you for your consideration,
Respectfully yours,
Ann Kelly
410 Clara Ave, Ukiah
468-0901
i
Michelle Johnson
From: Gtarplyr <gtarplyr@yahoo.com>
Sent: Wednesday,June 10, 2015 11:06 AM
To: Planning Department
Subject: Use permit
My name is James Switzer and I have been a long time advocate of live music in addition to bring an entertainer I would
like to urge the planning commission to pass the permit before them tonight to allow live music at the pub.There are so
few venues for this art form in this town and the management at the Pub has proven themselves conscientious I am sure
will manage this new music venue accordingly. There are many good musicians and advocates of live music around
Please vote yes for the use permit
Thankyou
James Switzer
Sent from my iPhone
,
�
Michelle Johnson
From: Les Tarr <lestarr@pacific.net>
Sent: Wednesday,June 10, 2015 11:13 AM
To: Planning Department
Subject: Use Permit for The Pub.
To Mo Mulheren and fellow members of the Ukiah City Council:
I'm unable to attend the meeting, but I support live music and Use Permit for the Pub. I saw John Lee Hooker at The Pub
back in the 80's... Great show... Let's hope we can have more shows like this in the future at The Pub!!!
Bluesically yours,
Les Tarr
EIGHT TO THE BAR WITH TARR
'Radioactive Blues Programming for the Tragically Hip&Twisted'
Your Friday Night Fish Fry
8to11pm
FM 100.5 KTDE...The Tide
http://www.KTDE.com<http://www.KTDE.com/>
www.KSAV.or��http://I.facebook.com/I.php?u=http%3A%2F%2Fwww.KSAV.or�%2F&h=OAQEsdhJZ&enc=AZMm61-
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yAiTXh7V7AlEHIHRF15WuR4JIfVdrGOhnT9Pw1 96tD2H9RYWV-Y�Tv11A7WIav40MDCw&s=1a
Saturday And Blue Monday Evenings
9 to the Midnight Hour Pacific Standard Time
Les Tarr
P.O. Box 1848
Willits, CA 95490 U.S.A.
707-459-TO N E
(8663)
www.LesTarr.com
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LwmZCR51MtFsIF56UGHJHS7EJAtSp�9denw&s=1�
www.facebook.com./Ies.tarr.l0�https://www.facebook.com/Ies.tarr.l0�
www.RadioTwisted.com
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i
Kevin Thompson
From: Jeff Adair <jadair6412@yahoo.com>
Sent: Wednesday,June 10, 2015 4:43 PM
To: Planning Department
Subject: Pub Live Music
I would like to voice my support for the idea of The Pub being allowed to host live music. The Pub is
on the main thoroughfare and suitable for such entertainment. Venues for seeing live music locally
have diminished and this long-established local business is deserving of your support.
Local bands are supported by their friends and families and a small following of fans. My experience
with local bands is that they provide a consistent, supportive clientele for the establishment providing
the venue
Jeff Adair
Ukiah
i
ATTACHMENT 1
1
2
3 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:
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 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 April 7, 2015 and the Management Plan date stamped April 7, 2015
12 except as modified 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. No outdoor amplified live entertainment is allowed.
27
28 3. Special Events that include live entertainment are allowed subject to the following
29 requirements:
30
31 A. Live entertainment is required to comply with condition of approval#2 above.
32
33 4. Prior to the commencement of any special events or live entertainment allowed as part of this
34 Use Permit, the applicant shall prepare draft language for signage to direct patrons to overflow
35 parking located at the Ukiah Credit Bureau parking lot and a site plan showing the location of
36 the signage for staff review and approval. The staff approved signage shall be installed prior to
37 commencement of any live entertainment or special events.
38
39 5. In the event the overflow parking located at Ukiah Credit Bureau parking lot is no longer
40 available, alternative overflow parking area shall be provided, subject to review and approval of
41 the Planning Department.
42
43 6. All employees of The Pub shall be given a copy of the approved Management Plan and these
44 conditions of approval.
45
46 7. The Pub shall be open no later than midnight on nights with live entertainment.
47
1
ATTACHMENT 2
1 8. At least 14 days prior to the live entertainment event, the applicant shall inform the Police
2 Department and Planning and Community Development Department in writing of the date,
3 time, and type of event.This notification can be in the form of an email.
4
5 9. At least one owner of The Pub shall be onsite during all live entertainment events.
6
7 10. This Use Permit shall be reviewed within 12 months of issuance by the Planning Director to
8 determine compliance with the conditions of approval, the number of Police calls and amount of
9 Police staff time associated with the Use Permit, and any complaints received. If the Planning
10 Director determines that the use is not in compliance with the conditions of approval and/or
11 that the use requires additional review, the Use Permit shall be scheduled for review by the
12 Planning Commission. Review of the Use Permit by Planning Commission shall include a public
13 notice and the applicant is responsible for paying the costs associated with Planning Commission
14 review of the Use Permit(cost recovery). If complaints are received during the first 12 months,
15 this Use Permit shall be reviewed annually by the Planning Director as described above. The
16 Planning Director shall determine if Planning Commission review of the Use Permit is required.
17
18 11. In order to reduce noise and loitering within the parking lot, at the close of business each night
19 The Pub owners/staff shall ensure that their patrons have left the site by 12:30 a.m. each night.
20
21 12. Any modifications to the ABC license for the premises may require an amendment to this Use
22 Permit or a new Use Permit to allow an increase of the hours during which alcohol is served.
23
24 13. All provisions of the Management Plan to Operate The Pub shall be adhered to at all times.
25
26 14. Bike parking to accommodate four bikes shall be installed. Inverted "U "style rack is preferred.
27 The applicant shall provide a site plan that shows the proposed location of the bike racks for
28 staff review and approval. Bike racks shall be installed in the location approved by staff prior to
29 any live entertainment event occurring on the site.
30
31 15. Activities approved as part of this Use Permit are subject to the requirements of Ukiah City Code
32 Division 7, Chapter 1, Article 6(Noise Ordinance).
33
34
35 From the Police Department(Trent Tavlor)
36
37 16.As a condition of any use permit granted the applicant must obtain and maintain the proper
38 modifications and conditions to their Alcohol License as required by the California Department
39 of Alcohol Beverage Control.
40
41 17. As a condition of any use permit granted the applicant have a written Security Plan in place that
42 is meets the approval of the Ukiah Police Department prior to commenment of live music
43
44 18. As a condition of any use permit granted; If the live entertainment or cover charge events cause
45 the need for a Police Response more than two(2)times in a calendar year, the permit holder
46 will be required to thereafter submit a security plan to the Ukiah Police Department for approval
47 a minimum of 45 days prior to any future events.The plan will articulate in detail the event
48 planned and clearly describe how security will be staffed to minimize the need for police
2
ATTACHMENT 2
1 responses. In such cases, approval or denial will be provided to the applicant no less than 30
2 days prior to the proposed event.
3
4 19. As a condition of any use permit granted the facility will be open to inspection during live
5 entertainment and coverage events and the Ukiah Police Department will not be denied access.
6
7 20. As a condition of any user permit granted; In the event of a change of ownership or
8 management of the facility associated with the live entertainment.the City shall be notified on
9 the change in ownership/management.The new owner/manager shall meet with the Planning
10 Department and Police Department to review this Use Permit and Security Plan.The new
11 owner/manager shall indicate in writing if any modifications to the uses allowed by this Use
12 Permit are proposed and shall identify the proposed modifications.Any proposed modifications
13 shall be reviewed by the Planning Department and Police Department.The Planning Director
14 shall determine if the proposed modifications are consistent with this Use Permit or require
15 approval of an amendment to this Use Permit and shall determine if the amendment is minor
16 (Zoning Administrator)or major(Planning Commission).
17
18 From the Fire Marshal (Kevin Jennin4s)
19
20 At this time the Prevention Bureau has no recommendations regarding the applicants request to provide
21 live music at the stated address. Adding a live music venue does not change the occupancy of the
22 existing building.
23
24 From the Buildin4 Official (David WillouQhbv)
25
26 21. At no time shall there be more than 19 people dining or assembling on the second floor deck
27 unless details and calculations showing that the deck meets the minimum requirements of the 2010
28 California Building Code for floor loads and seismic bracing are submitted to the Building Official for
29 review and approval.
30
31 Standard Citv Conditions of Approval
32
33 22. Business operations shall not commence until all permits required for the approved use,
34 including but not limited to business license, tenant improvement building permit, have been
35 applied for and issued/finaled.
36
37 23. No permit or entitlement shall be deemed effective unless and until all fees and charges
38 applicable to this application and these conditions of approval have been paid in full.
39
24. The property owner shall obtain and maintain any permit or approval required by law,
40 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
41 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
42 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
43 Permit is approved and issued.
45
46 25. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
47 future purchaser, tenant, or other party of interest.
48
3
ATTACHMENT 2
1 26. All conditions of approval that do not contain specific completion periods shall be completed
2 prior to building permit final.
3
4 27. This Use Permit may be revoked through the City's revocation process if the approved project
5 related to this Permit is not being conducted in compliance with these stipulations and conditions of
6 approval; or if the project is not established within two years of the effective date of this approval;
7 or if the established use for which the permit was granted has ceased or has been suspended for 24
8 consecutive months.
9
10 28. This approval is contingent upon agreement of the applicant and property owner and their
11 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
12 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
13 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
14 aside, void or annul the approval of this application. This indemnification shall include, but not be
15 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted by
16 any person or entity, including the applicant, arising out of or in connection with the City's action on
17 this application, whether or not there is concurrent passive or active negligence on the part of the
18 City. If, for any reason any portion of this indemnification agreement is held to be void or
19 unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in
20 full force and effect.
21
22
�i
1
2 ATTACHMENT1
3
4 FINDINGS
5
6
7 USE PERMIT FINDINGS TO ALLOW
8 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 The following findings are supported by and based on information contained in this staff report, the
14 application materials and documentation, and the public record.
15
16 1. The project is consistent with the General Plan Vision Statement because it will provide warm
17 caring support and treatment to citizens struggling with substance abuse issues and its goal is to
18 help clients turn their lives around and become successful participants in community life.
19
20 2. The project is consistent with General Plan Goal CF-9 and corresponding Policy CF-9.1 because
21 it promotes good personal health and would help to reduce public health costs by curing
22 substance abuse and providing prevention education.
23
24 3. The project is compatible with surrounding land uses for the following reasons:
25
26 a. Its purpose and function are to improve the lived of substance abuse clients, reduce
27 substance in the Ukiah community, and transform substance abuse clients into
28 productive and contributing members of the community.
29
30 b. The project has a strong and proven management program that has resulted in no
31 community complaints to the Community Development Department over the past 10
32 years.
33
34 c. The staff on the closed campus including 19 drug and alcohol consolers, and 9 homeless
35 resource employees. The total number of employees is 36.
36
37 d. The project includes a management plan to manage the on-going operations of the two
38 facilities.
39
40 e. The project would reorganize the uses currently conducted by the applicant, resulting in
41 no increase in the intensity of the use of both sites.
42
43 4. The proposed project, as conditioned, will not be detrimental to public health, safety and general
44 welfare based on the following:
45
46 a. Through the use permit the operational characteristics will be regulated, therefore the project
47 would not be detrimental to the public.
48 b. The project has been reviewed by the Fire Marshal, Police Department, Building Official, and
49 Public Works and any review comments from these departments have been included as
50 conditions of approval.
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
1
1 c. The project is required to comply with all federal, state and local laws.
2 d. The project site is located within an existing commercial/residential area and is surrounded
3 mainly by commercial uses.
4 e. The location has in the past been used human service for the past 20 years.
5 f. The hours of operation would be consistent with other business in the area and is consistent with
6 the hours of operation of the previous business.
7
8 6 The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA)
9 pursuant to CEQA Guidelines Section 15301, and 15303:
10
11 a. The proposed project does not involve any new construction, rather a reorganization and relocation
12 of services currently being provided by the Ford Street Program.
13
14
15 7. Notice of the proposed project was provided in the following manner as required by the Zoning
16 Ordinance:
17
18 a. Posted in three places on the project site on May 29, 2015;
19 b. Mailed to property owners within 300 feet of the project site on May 29, 2015; and
20 c. Published in the Ukiah Daily Journal on May 31, 2015.
21
22
23 ATTACHMENT 2
24
25 CONDITIONS OF APPROVAL
26
27 USE PERMIT CONDITIONS FOR FORD STREET PROGRAM
28 TO OPERATE A VAREITY OF HUMAN SERVICES
29 139 FORD STREET AND 201 BRUSH STREET
30 FILE NO: 907-UP
31
32
33 Conditions of approval: The following Conditions of Approval shall be made a permanent part of Major
34 Use Permit #907-UP, shall remain in force regardless of property ownership, and shall be implemented
35 on order for this entitlement to remain valid:
36
37 1. All use, and occupancy shall conform to the application approved by the Planning Commission and to
38 any supporting documents submitted therewith. Including the Planning Commission staff report dated
39 June 10, 2015.
40
41 2. The Shelter Management Plan shall be strictly followed and enforced by the applicants and failure to
42 do so may cause revocation of the Use Permit.
43
44 3. The outdoor activities of clients using the grounds shall be strictly regulated and supervised to ensure
45 that noise levels are reduced to a level that does not significantly impact use on the neighboring
46 properties.
47
48
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
2
1 Standard Citv Conditions of Approval
2
3 4. This approval is not effective until the 10 day appeal period applicable to this Use Permit has expired
4 without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the
5 appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements
6 that were imposed as part of the appeal.
7
8 5. Business operations shall not commence until all permits required for the approved use, including but
9 not limited to business license, tenant improvement building permit, have been applied for and
10 issued/finaled.
11
12 6. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable to
13 this application and these conditions of approval have been paid in full.
14
15 7. The property owner shall obtain and maintain any permit or approval required by law, regulation,
16 specification or ordinance of the City of Ukiah and other Local, State, or
17 Federal agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
18 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building Permit is
19 approved and issued.
20
21 8. A copy of all conditions of this Use Permit Amendment shall be provided to and be binding upon any
22 future purchaser, tenant, or other party of interest.
23
24 8. All conditions of approval that do not contain specific completion periods shall be completed prior to
25 commencement of services allowed by this use permit amendment.
26
27 9. This approval is contingent upon agreement of the applicant and property owner and their agents,
28 successors and heirs to defend, indemnify, release and hold harmless the City, its agents, officers,
29 attorneys, employees, boards and commissions from any claim, action or proceeding brought against any
30 of the foregoing individuals or entities, the purpose of which is to attack, set aside, void or annul the
31 approval of this application. This indemnification shall include, but not be limited to, damages, costs,
32 expenses, attorney fees or expert witness fees that may be asserted by any person or entity, including
33 the applicant, arising out of or in connection with the City's action on this application, whether or not there
34 is concurrent passive or active negligence on the part of the City. If, for any reason any portion of this
35 indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the
36 remainder of the agreement shall remain in full force and effect.
37
38
39
40
41
42
43
Ford Street Program
201 Brush Street 200 Ford Street
File No.907-UP-PC
3