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HomeMy WebLinkAboutpcm_04262017 - Final CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 26, 2017 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Linda Sanders Christopher Watt Laura Christensen Mark Hilliker STAFF PRESENT OTHERS PRESENT Shannon Riley, Deputy City Manager David Rapport, City Attorney Adele Phillips, Associate Planner Listed below, Respectively Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES Motion/Second: Hilliker/Watt to approve the Minutes of April 12, 2017, with an amendment to Agenda Item 9a, Item 2 of the existing Accessory Dwelling Unit Ordinance to read: 2. Size of Unit—Amend City Ordinance to comply with AB 2299 which limits the maximum size of the unit. Motion carried by the following roll call votes: AYES: Hilliker, Watt, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: Christensen. Note: Upon review of the audio recording, staff feels that the minutes were correct in their original form, and will be bringing them back to the Commission with a transcript of the discussion pertaining to the size of the unit, for a second and final approval. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS No public comment was received. Page 1 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: 6. APPEALPROCESS Note: For matters heard at this meeting the final date to appeal is May 8, 2017, at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING a. Costco Wholesale: Request for a recommendation to the City Council 1)certifying the Project FEIR and Statement of Overriding Considerations that includes the Energy Analysis; and 2) and rezoning of the Project parcels from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial. Presenter: Shannon Riley, Deputy City Manager. PUBLIC HEARING OPENED: 6:08 P.M. Public Comment: Ken Porter and James Houle. PUBLIC HEARING CLOSED: 6:13 P.M. Motion/Second: Hilliker/Christensen to continue request for a recommendation to the City Council 1) certifying the Project FEIR and Statement of Overriding Considerations that includes the Energy Analysis; and 2)and rezoning of the Project parcels from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial to a date certain of May 10, 2017. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: None. b. Sports Attic Bar: Request for approval of a Use Permit to allow the establishment of the Sports Attic Bar located at 247 E. Perkins Street. Presenters: Shannon Riley, Deputy City Manager and Adele Phillips, Associate Planner. PUBLIC HEARING OPENED: 6:25 P.M. Public Comment: Dave Sperry and Ralph Fimbres Jr. PUBLIC HEARING CLOSED: 6:37 P.M. Motion/Second: Watt/Christensen to approve the Major Use Permit for the Sports Attic Bar based on the draft findings included in Attachment 1 of the staff report and subject to the Draft Conditions of Approval included in Attachment 2 of the staff report, with a modification to the hours of operation to include Sundays from 10:00 a.m. to 8:00 p.m. Motion carried by the following roll call votes:AYES: Hilliker,Watt, Christensen, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: None. NOTE: Attachments 1 and 2 are being included with the minutes for the record. 10. PLANNING DIRECTOR'S REPORT Presenter: Adele Phillips, Associate Planner. 11. PLANNING COMMISSIONERS' REPORT Page 2 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: Presenters: Hilliker, Christensen, Watt, and Whetzel. 12. ADJOURNMENT There being no further business, the meeting adjourned at 6:46 p.m. Cathy Elawadly, Recording Secretary ATTACHMENT 1 FINDINGS FINAL USE PERMIT FINDINGS TO ALLOW OPERATION OF A SPORTS BAR AT 247 E. PERKINS STREET APN 002-231-29 FILE NO: 2609 The following findings are supported by and based on information contained in this staff report, the application materials and documentation, and the public record. 1. The proposed project, as conditioned, is consistent with the goals and policies of the General Plan as described in the staff report and Table 1. 2. The proposed project, as conditioned, is consistent with the Downtown Zoning Ordinance as described in Table 1 of the staff report. 3. The proposed project, as conditioned, is consistent with the Airport Compatibility requirements for the B2 zone based on the following: 1. The project site currently contains a commercial structure that has been in operation for many years as both retail and a restaurant. Low intensity restaurants, retail and offices are acceptable uses in the B2 infill zone. 2. Per the B2 Infill Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject proposal qualifies as infill because: a. substantial development already exists, b. the project site is bounded by uses similar to those proposed, c. the project will not extend the perimeter of the area developed with incompatible uses, and d. the proposed project does not otherwise increase the intensity or incompatibility of use, and e. the local jurisdiction has identified this area as infill. 3. The Ukiah Municipal Airport Master Plan Report allows 90 people per acre for non-residential uses in the B2 zone, and ALUC Compatibility Plan Table 2A Compatibility Criteria allows exemption from maximum density requirements for short-term events. 4. Based on the above criteria and the size of the subject property 54 people are permitted on the site on a regular basis. This number exceeds the 50 person occupancy requested by the project proponent, and therefore, the project is consistent with the Airport Landuse Plan. Page 3 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: 4. The proposed project, as conditioned, will not be detrimental to public health, safety and general welfare based on the following: 1. The project site currently contains a commercial structure that has been in operation for many years as both retail and a restaurant. Low intensity restaurants, retail and offices are acceptable uses in the B2 infill zone. 2. Per the B2 Infill Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject proposal qualifies as infill because: a. substantial development already exists, b. the project site is bounded by uses similar to those proposed, c. the project will not extend the perimeter of the area developed with incompatible uses, and d. the proposed project does not otherwise increase the intensity or incompatibility of use, and e. the local jurisdiction has identified this area as infill. 3. The Ukiah Municipal Airport Master Plan Report allows 90 people per acre for non-residential uses in the B2 zone, and ALUC Compatibility Plan Table 2A Compatibility Criteria allows exemption from maximum density requirements for short-term events. 4. Based on the above criteria and the size of the subject property 54 people are permitted on the site on a regular basis. This number exceeds the 50 person occupancy requested by the project proponent, and therefore, the project is consistent with the Airport Landuse Plan. 5. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class 3, conversion of small structures and Section 15301 Class 1, Existing Facilities based on the following: A. The proposed project will be ancillary to an existing business and does not involve hazardous materials B. The location is not environmentally sensitive and no drainage courses or bodies of water (such as creeks or streams). C. The site is developed with an existing building and parking lot, utilities and services already are available at the site and no expansion of the existing building footprint is proposed as part of the project. 6. Notice of the proposed project was provided in the following manner as required by the Zoning Ordinance: A. posted in three places on the project site on April 17, 2017; B. mailed to property owners within 300 feet (includes all owners of Main Street Townhomes) of the project site on April 13, 2017; and C. published in the Ukiah Daily Journal on April 16, 2017. ATTACHMENT 2 Page 4 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: FINAL CONDITIONS OF APPROVAL— USE PERMIT FINAL USE PERMIT CONDITIONS OF APPROVAL TO ALLOW TO ALLOW OPERATION OF A SPORTS BAR AT 247 E. PERKINS STREET APN 002-231-29 FILE NO: 2609 1. Approval is granted to allow the operation of a sports bar as described in the project description submitted to the Planning and Community Development Department and date stamped March 22, 2017 and April 17, 2017 except as modified by the following conditions of approval. 2. Operation of the Sports Attic is allowed subject to the following: A. Hours of operation are: Monday- Friday 4:30 p.m. to 10:00 p.m.; Saturday 12:00 p.m. to 11:00 p.m.; and, Sunday 10:00 a.m. to 8:00 p.m. B. Alcoholic beverages are limited to beer and wine. C. Limited food service is allowed, including hot dogs, nachos, chips and salsa and the like. D. The facility will be available for rent on Saturday nights for special events, no more than twelve (12) times annually with hours of operation from 5:00-11:00 p.m. 3. Any modifications to the ABC license for the premises may require an amendment to this Use Permit or a new Use Permit to allow an increase of the hours during which alcohol is served. 4. Activities approved as part of this Use Permit are subject to the requirements of Ukiah City Code Division 7, Chapter 1, Article 6 (Noise Ordinance). From the Fire Marshal 5. All exit doors shall be equipped with lighted exit signage and emergency lighting with a battery backup. 6. Main Entry door must swing in direction of egress travel "out". 7. There may be other minor Fire Code additions when plans are submitted, ie. Address location. Fire extinguishers. From the Building Official 8. A building permit is required to convert office building to sports bar. From Police Department 9. In the event of a change in ownership or management of the business, the City shall be notified of the change in ownership/management. The new ownership/management shall meet with the Planning Department and Police Department to review the conditions of Page 5 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: this Use Permit. The new ownership shall indicate in writing of any modifications to the uses allowed by this Use Permit and shall identify the proposed modifications. Any proposed modifications shall be reviewed by the Planning Department and Police Department. The Planning Director shall determine if the proposed modifications are consistent with the Use Permit or require approval of an amendment to this Use Permit and shall determine if the amendment is minor (Zoning Administrator) or major (Planning Commission). 10. No off site sales of packaged beer and wine for consumption off the premises where sold. 11. No minors are allowed on the premises. 12. The facility will be open to inspection at all times while the business is open and the Ukiah Police Department will not be denied access. Public Works Conditions 13. If proposed improvements create the net addition of two or more plumbing fixture units to a building, the use changes to a restaurant, or the building permit value of work exceeds $123,679 (amount adjusted annually), the existing sanitary sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 1105, and repaired or replaced if required. 14. If new plumbing fixtures are proposed, City of Ukiah sewer connection fees shall apply and be paid at the time of building permit issuance. 15. If food preparation or other activities result in the discharge of fats, oils or grease into the sanitary sewer, a grease interceptor will be required. 16. All driveway and parking areas shall be paved with asphaltic concrete, concrete, or other alternative surfacing, subject to approval by the City Engineer. Standard Citv Conditions of Approval 17. Business operations shall not commence until all permits required for the approved use, including but not limited to business license, tenant improvement building permit, have been applied for and issued/finaled. 18. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable to this application and these conditions of approval have been paid in full. 19. The property owner shall obtain and maintain any permit or approval required by law, regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the Building Permit is approved and issued. 20. A copy of all conditions of this Use Permit shall be provided to and be binding upon any future purchaser, tenant, or other party of interest. 21. All conditions of approval that do not contain specific completion periods shall be completed prior to building permit final. Page 6 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: 22. This Use Permit may be revoked through the City's revocation process if the approved project related to this Permit is not being conducted in compliance with these stipulations and conditions of approval; or if the project is not established within two years of the effective date of this approval; or if the established use for which the permit was granted has ceased or has been suspended for 24 consecutive months. 23. This approval is contingent upon agreement of the applicant and property owner and their agents, successors and heirs to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of which is to attack, set aside, void or annul the approval of this application. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the City's action on this application, whether or not there is concurrent passive or active negligence on the part of the City. If, for any reason any portion of this indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 24. That the applicant obtain and maintain any required Alcohol Licenses and any other regulatory licenses required to operate exactly as described by the applicant as submitted with the Use Permit application. Copies of any licenses obtained be supplied to the City for inclusion in the use permit file with the City. Page 7 of 7