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HomeMy WebLinkAboutpcm_03282018 Final CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 28, 2018 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Laura Christensen Christopher Watt Linda Sanders Mark Hilliker STAFF PRESENT OTHERS PRESENT Craig Schlatter, Community Development Listed below, Respectively Director Julie Price, Project Planner 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 a. The Minutes of March 14, 2018 Motion/Second Watt/Hilliker to approve the Minutes of March 14, 2018, as submitted. Motion carried by the following roll call vote: AYES: Commissioners Sanders, Watt, Hilliker, Christensen and Chair Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. 5. APPEAL PROCESS 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE Page 1 of 3 Minutes of the Planning Commission, March 28, 2018, Continued: 9. PLANNING COMMISSIONERS�EPORT Presenter: Commissioner Sanders. 10. 3/ ❑1 1 ,1 ❑�,5 �❑72 5 C6�❑32 5 7 None. 11. CONSENT CALENDAR No items on consent. 12. NEW BUSINESS a. Request for Review and Recommendation regarding a Use Permit and Parking Variance to allow for the operation of the Center for Hope, a day program providing services to the homeless, at 150 Luce Avenue. APN 003-072-05. File No.: Munis 3072. Presenter: Community Development Director Craig Schlatter: • Introduced the proposed project. Presenter: Project Planner Julie Price: • Gave a staff report and Powerpoint presentation. • Advised of revised draft Conditions of Approval as provided for in Attachment 1 of the minutes. PUBLIC HEAR/NG OPENED: 6:27 p.m. Presenters: Paul Otto, Tony Huerta, Rick Johnson, Ed Haynes, Bill Fisetta, Jess Freeman, Gerry Burney, Kevin McDougall, Randy Dorn, Carol Hester, Roe Sandelin, Jacqueline Williams, Lisa Jones, Veronica Wilson, Raymond Brumley, Susan Burton, Patricia Patterson, Sadie Malcett, Terry Moir, Chris Jones, Joanne Monahan, Don Moir, Barbara Urdaul, Don Damp,Tony Cortez, Lee Kraemer. PUBLIC HEARING CLOSED: 8:09 p.m. Project Planner Julie Price: • ,(�WvSRC�Fi�RP P�i1�7 C7JO�RP P H(�l0/�lJ DI�QJ V�elevant to [�D LC�P � L&�P ��/�roposed alternative project Findings for the Planning Commission to consider. M/S Watt/Christensen to defer to Ukiah City Council review and possible approval of a Use Permit to allow for the operation of the Center for Hope at 150 Luce Avenue with the project draft Findings in Attachment 1 of the staff report and draft Conditions of Approval in Attachment 2 of the staff report, as amended. AYES: Commissioners Watt, Hilliker, Christensen and Chair Whetzel. NOES: Commissioner Sanders. ABSENT: None. ABSTAIN: None. b. Discussion and Possible Recommendation to the City Council of a Draft Residential Density Calculation Ordinance Amending Various Sections of Chapter 2, Division 9 of the Ukiah City Code to set forth in greater detail the Procedure for Calculating Residential Density. Presenter: Community Development Director Craig Schlatter: Page 2 of 3 Minutes of the Planning Commission, March 28, 2018, Continued: • Introduced the proposed project and gave a Powerpoint presentation. PUBLIC HEAR/NG OPENED: 9:01 p.m. Presenter: Deputy City Manager Shannon Riley. PUBLIC HEARING CLOSED: 9:09 p.m. M/S Watt/Christensen to recommend the Ukiah City Council approve the Initial Environmental Study and Negative Declaration for the Proposed Residential Density Calculation Ordinance and adopt the corresponding draft ordinance. AYES: Commissioners Watt, Hilliker, and Christensen. NOES: Commissioner Sanders and Chair Whetzel. ABSENT: None. ABSTAIN: None. 13. UNFINISHED BUSINESS 14. ADJOURNMENT There being no further business, the meeting adjourned at 9:14 p.m. Cathy Elawadly, Recording Secretary Page 3 of 3 �A�c�c;hmcn# # � � ATTACHMENT 2 DRAFT CONDITIONS OF APPROVAL FOR A MAJOR USE PERMIT AND PARKING VARIANCE FOR NOR-CAL CHRISTIAN MINISTRIES CENTER FOR HOPE 150 LUCE AVENUE, UKIAH FILE NO.: MUNIS 3072 Standard Conditions: 1. Approval is granted to allow operation of a day program for the homeless as described in the project application and subsequent documents submitted to the Community Development Department. 2. This approval is not effective until the 10-day appeal period applicable to this Use Permit and Variance has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal. 3. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. 4. If any use permitted shall cease for six (6) consecutive months, then the right to any Use Permit permitting such use shall terminate and such Use Permit shall be revocable by the granting body. 5. If any condition is violated or if any required approval is not obtained, then the Use Permit granted shall be null and void; otherwise to continue in full force and effect indefinitely until otherwise terminated and shall run with the land. 6. The approved Use Permit may be revoked through the City's revocation process if the approved project related to the permit is not being conducted in compliance with the stipulations and conditions of approval; or, if the project is not established within two (2) years of the effective date of approval; or, if the established use for which the permit was granted has ceased or has been suspended for twenty-four(24) consecutive months. 7. Except as otherwise specifically noted, any Use Permit shall be granted only for the specific purposes stated in the action approving such Use Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. 8. 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 Draft Conditions of Approval Major Use Permit and Parking Variance Nor-Cal Christian Ministries Center for Hope 150 Luce Avenue File No. 3072 1 i 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. 9. 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. 10. 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. 11. A copy of all conditions applicable to the Use Permit shall be provided to and be binding upon any future purchaser, tenant, or other party of interest. Police Department Conditions: 12. Prior to operation of the site as a day program for the homeless, the applicant shall the recommendations provided by the Ukiah Police Department in the Crime Prevention Through Environmental Design (CPTED) Plan Survey dated February 12, 2018 � and comments received by Captain Justin Wyatt on January 9, 2018. Fire Department Conditions: 13. Prior to operation of the site as a day program for the homeless, the applicant shall take into consideration the recommendations provided by the Fire Marshall in his comment letter (undated). Public Works Conditions: 14. If the building permit value is equal to or greater than one-third of the value of the existing structure, the construction, repair or upgrade of curb, gutter, and sidewalk to meet current ADA standards, and addition of street trees, along the subject property street frontage, may be required, pursuant to Section 9181 of the Ukiah City Code. 15. If the building permit value of work exceeds $123,680 (amount adjusted annually), or the proposed improvements create the net addition of two or more plumbing fixture units to a Draft Conditions of Approval Major Use Permit and Parking Variance Nor-Cal Christian Ministries Center for Hope 150 Luce Avenue File No. 3072 2 i building, the existing sanitary sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 1105, and repaired or replaced if required. 16. If applicable, City of Ukiah sewer connection fees shall be paid at the time of building permit issuance. Planning Department Conditions� 17. The facility and program policies ("NCCM Policies"), project description and all subsequent submittals related to the facility, program and its operation shall be packaged together into a comprehensive Management Plan. The Management Plan shall be reviewed and approved by the Community Development Department prior to occupancy. 18. The facility's Management Plan shall be strictly followed and enforced by the applicant. Failure to do so may result in revocation of the Use Permit. 19. Prior to opening the facility, City staff shall inspect the interior and exterior portions of the facility to ensure that all pertinent components of the approved Management Plan are in effect. 20. Facility staff shall be diligent in dispersing guests from the site, and away from adjoining residences and businesses, a minimum of 1 hour before opening and 1 hour after closing. Loitering is prohibited. 21.Any future lighting for the project is subject to Community Development Department review and approval. Any lighting shall comply with the following requirements: • Dusk-to-dawn illumination • International Dark Sky Association approved fixture or equivalent • Design compatible with the structures on the site • Downcast, full cutoff fixture(s) • Pole height similar to any existing poles • No light impacts or spill-over to adjacent properties 22. A covered outdoor break area in the rear yard shall be provided for guests of the facility. Facility staff shall monitor the use of this area to ensure that guests do not cause excessive noise, littering, or other nuisance impacts. 23. The grounds shall be cleared of litter and debris daily, and the site shall be kept in a neat and clean condition. 24. Facility staff shall respond to complaints from neighbors within 48 hours. Staff contact information shall be posted at the front entrance. Any complaints and corresponding action taken to resolve the complaints shall be tracked and maintained in the facility's office for review by City staff if needed. Draft Conditions of Approval Major Use Permit and Parking Variance Nor-Cal Christian Ministries Center for Hope 150 Luce Avenue File No. 3072 3 i 25. The facility shall be limited to a maximum occupancy rate of 24 people at any one time. The hours of operation shall be limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. � A dedication of avigation easement or a Deed Notice shall be recorded and a copy of the recorded document shall be provided to the Community Development Department prior to operation of the facility. Draft Conditions of Approval Major Use Permit and Parking Variance Nor-Cal Christian Ministries Center for Hope 150 Luce Avenue File No. 3072 4