HomeMy WebLinkAbout2026-03-11 PC PacketPage 1 of 3
Planning Commission
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below)
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/83128884939
Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 831 2888 4939
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself
Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at
www.cityofukiah.com/meetings.
March 11, 2026 - 5:15 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
5. APPROVAL OF MINUTES
5.a. Approval of the Minutes of February 25, 2026, a Regular Meeting.
Recommended Action: Approve the Minutes of February 25, 2026, a Regular Meeting.
Attachments:
1. 2026-02-25 PC Draft Minutes
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal
stating the reasons for the appeal is filed with the City Clerk within ten (10) days of the date the decision was made. An
interested party may appeal only if he or she appears and states his or her position during the hearing on the decision from
which the appeal is taken. For items on this agenda, the appeal must be received by [date].
7. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Planning Commission when this matter is considered. If you wish to speak on a matter that
is not on this agenda that is within the subject matter jurisdiction of the Planning Commission, you may do so at this time. In
order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes
Page 1 of 95
Page 2 of 3
per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed
on the agenda.
8. SITE VISIT VERIFICATION
9. VERIFICATION OF NOTICE
10. PLANNING COMMISSIONERS REPORT
11. DIRECTOR'S REPORT
11.a. Receive Community Development Director's Report.
Recommended Action: Receive Community Development Director's Report and discuss
questions with Staff.
Attachments:
1. Planning Division Projects Report - 03/01/26
12. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the Planning
Commission. Items may be removed from the Consent Calendar upon request of a Commissioner or a citizen in which even
the item will be considered at the completion of all other items on the agenda. The motion by the Commission on the Consent
Calendar will approve and make findings in accordance with Administrative Staff and/or the Commission recommendations.
13. UNFINISHED BUSINESS
13.a. Consideration of Adoption of a Revised Resolution Recommending the City Council Adopt
Policies Establishing the Location and Associated Standards for City Gateways Consistent with
2040 General Plan Policy LU-11.2 and Related Implementation Measures.
Recommended Action: Adopt a revised resolution recommending that the City Council adopt
policies establishing the location and associated standards for City gateways, consistent with
General Plan Policy LU-11.2.
Attachments:
1. 2026-01 PC Resolution - Gateways (2026-01)
2. Proposed PC Resolution - redline
3. Proposed PC Resolution (with Exhibits A & B) - clean
14. NEW BUSINESS
14.a. Conduct Public Hearing and Consider Approval of a Major Use Permit Amendment to Allow the
Retail Sale of Distilled Spirits at an Existing Gas Station and Convenience Store at 615
Talmage Road (APN 180-070-10); Permit No. PPA25-000001 (formerly File No. 07-33).
Recommended Action: 1) Conduct a public hearing; and 2) Approve the Major Use Permit
Amendment for the property located at 615 Talmage Road (APN 180-070-10); Permit No. PPA25-
000001, subject to the Findings in Attachment 1 and the Conditions of Approval in Attachment 2.
Attachments:
1. Draft Findings
2. Draft Conditions
3. Application Materials
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services
are needed for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with
disabilities upon request. Materials related to an item on this Agenda submitted to the Planning Commission after distribution of the agenda
Page 2 of 95
Page 3 of 3
packet are available at the Civic Center 300 Seminary Ave. Ukiah, CA 95482; and online at: www.cityofukiah/meetings/ at the end of the next
business day.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at
the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting
set forth on this agenda.
Kristine Lawler, City Clerk
Dated: 3/4/26
Page 3 of 95
Agenda Item 5a.
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
REGULAR
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/83128884939
February 25, 2026
5:15 p.m.
1. CALL TO ORDER
The City of Ukiah Planning Commission held a Regular Meeting on February 25, 2026. The meeting
was legally noticed on February 20, 2026. The meeting was held in person and at the following virtual
link: https://us06web.zoom.us/j/83128884939. Chair de Grassi called the meeting to order at 5:16 p.m.
CHAIR de GRASSI PRESIDING.
2. ROLL CALL
Roll call was taken with the following Commissioners Present: Mark Hilliker, Devery Montaňo, Rick
Johnson, and Alex de Grassi. Commissioner Absent: Jacob Brown. Staff Present: Craig Schlatter,
Community Development Director; Jesse Davis, Chief Planning Manager; Katherine Schaefers,
Planning Manager; and Kristine Lawler, City Clerk.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Hilliker.
4. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
No notifications or considerations received.
5. APPROVAL OF MINUTES
a. Approval of the Minutes of February 11, 2026, a Regular Meeting.
Motion/Second: Johnson/Hilliker to approve the minutes of the February 11, 2026, a Regular Meeting,
as amended (13a to show Johnson as Vice Chair). Motion carried by the following Roll Call votes:
AYES: Hilliker, Montaňo, Johnson, and de Grassi. NOES: None. ABSENT: Brown. ABSTAIN: None.
6. APPEAL PROCESS
Chair de Grassi stated the appeals deadline date is March 9, 2026, before 5:00 p.m.
7. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS
Public Comment: Gizmo – Streetscape - buses; Mia Uribe – plan for recreational space.
Clerk noted that there was no online public presence at that time.
8. SITE VISIT VERIFICATION
No site visit was necessary.
9. VERIFICATION OF NOTICE
The Clerk noted that the agenda was properly noticed.
Page 4 of 95
Minutes of the Ukiah Planning Commission February 25, 2026, Continued:
Page 2 of 2
10. PLANNING COMMISSIONERS' REPORTS
No reports were received.
11. DIRECTOR’S REPORT
a. Receive Community Development Director’s Report.
Presenters: Craig Schlatter, Community Development Director and Katherine Schaefers, Planning
Manager.
Public Comment: Gizmo.
Reports were received.
12. CONSENT CALENDAR
No items on the Consent Calendar.
13. UNFINISHED BUSINESS
No items on Unfinished Business.
14. NEW BUSINESS
a. Review and Provide Input on a Proposed General Plan Amendment and Rezone to Modify
Downtown Zoning Code Boundaries Consistent with Ukiah 2040 General Plan Land Use
Element Implementation Program E and Policy LU-10.1 (Downtown Zoning Code).
Presenters: Jesse Davis, Chief Planning Manager and Katherine Schaefers, Planning Manager.
Public Comment: Mia Uribe, Jim Mayfield, and Gizmo.
Presentation was received and direction was given to Staff.
b. Receive Presentation on the 2025 Annual Progress Reports to the Department of Housing
and Community Development and the Governor's Office of Land Use and Climate
Innovation; and Discuss Questions with Staff.
Presenter: Katherine Schaefers, Planning Manager.
No public comment was received.
Presentation was received.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 7:12 p.m.
____________________________
Kristine Lawler, CMC
City Clerk
Page 5 of 95
Page 1 of 1
Agenda Item No: 11.a.
MEETING DATE/TIME: 3/11/2026
ITEM NO: 2026-437
AGENDA SUMMARY REPORT
SUBJECT: Receive Community Development Director's Report.
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director
PRESENTER: Craig Schlatter, AICP
ATTACHMENTS:
1. Planning Division Projects Report - 03/01/26
Summary: Planning Commission will receive the Community Development Director's Report and discuss
questions with Staff.
Background: Director's Reports are bi-monthly oral reports given by the Community Development Director on
the status of projects, primarily within the Planning Division, of the Community Development Department.
Updates may include, but are not limited to, application status of major and minor discretionary permits, the
implementation status of advanced planning and related 2040 General Plan programs and projects, and
updates related to the activities of other divisions of the Department.
Discussion: This report is expected to provide updates in the following areas:
• March 2026 Planning Division Projects Report (Attachment 1)
o This is a monthly report produced on the first of each month. The March 2026 report and
previous monthly reports are located on the Planning Division Services web-page, under
o "Current Planning Reports": https://cityofukiah.com/community-development/planning-services
Staff recommends Planning Commission receive the Community Development Director's Report and discuss
questions with Staff.
Recommended Action: Receive Community Development Director's Report and discuss questions with
Staff.
Page 6 of 95
Permit #Site Address Date
Submitted Summary of Project Status
PA24-000020/21 534 E. Perkins St.12/23/24
Major Site Development Permit of APN 002-200-43 within the Pear Tree
Center, approximately 150 feet west of the E. Perkins St./S. Orchard Ave.
intersection. The proposal includes the construction of a ±1,700 sq. ft.
Starbucks retail, operating as carry-out and drive-through only, with no interior
dining, and a total gross building area, including the outdoor canopy, of
approximately 2,885 sq. ft.
Inactive. No Applicant communication since February, 2025.
PPA25-000001 615 Talmage Ave.1/15/26
Modification to the 2007 Use Permit (File No. 07-33) for the existing gas
station and convenience store to allow for the retail sale of distilled spirits in
addition to currently permitted beer and wine sales. No exterior construction,
site modifications, or further operational changes are proposed as part of this
request.
PC Hearing Scheduled 3/11/26
PA26-000001 228 E Perkins St.1/23/26 Notification of incoming Historic Demolition application pursuant to Ukiah City
Code 3016 received. Additional project details forthcoming upon initial review.DRC Hearing Scheduled 3/04/26.
City of Ukiah
Submitted Planning Applications
3/1/2026
ATTACHMENT 1
Page 7 of 95
General Plan
Element
Implementation
Program Date Due Description Status / Comments
Land Use E – Zoning Code
Amendments 12/31/2025 Amend the Zoning Code to address Downtown Zoning Code and
Design Guidelines.
In progress. Downtown Zoning Code (DZC)
City Council Ad Hoc Committee met in August
and October 2025. Planning Commission held
an initial review of the Ad Hoc Committee
recommendations on 12/10/25. Planning
Commission workshop on DZC rezones
facilitated on 02/24/26. Staff will progress the
request to ALUC in March, 2026.
Land Use E – Zoning Code
Amendments 12/31/2025 Update zoning districts and maps for consistency with the 2040 Land
Use Diagram.
In progress. Planning Commission reviewed
proposed zoning and map consistency
updates on 1/28/26. City Council review and
potential adoption of updated Zoning, General
Plan Land Use, and Downtown Zoning Code
maps scheduled for 3/18/26.
Land Use D – City Gateway
Design Standards 12/31/2025 Prepare gateway design standards addressing landscaping, signage,
building form, and historic themes.
In progress. Planning Commission adopted a
resolution recommending gateway locations
and design standards. Staff will return with
updates as unfinished business at the PC
Hearing Scheduled 3/11/26 City Council
resolution scheduled for review on 3/18/26.
Economic
Development
A – Economic
Development Strategy 12/31/2025 Prepare, adopt, and regularly update an Economic Development
Strategy.
In progress. Preparation of the Economic
Development Strategy is deferred pending
further progress on the City’s reorganization
and annexation applications.
Environment &
Sustainability
H – Cultural and
Historic Registry 12/31/2025 Update the list of cultural and historic resources eligible for state or
national designation.
In progress. Updates are deferred until
completion and adoption of the Historic
Preservation Ordinance.
City of Ukiah
2040 General Plan Implementation - Status of Projects In-Process or Completed within the Last 60 Days
3/1/2026
Page 8 of 95
General Plan
Element
Implementation
Program Date Due Description Status / Comments
Environment &
Sustainability
I – Historic Preservation
Ordinance 12/31/2030 Adopt a Historic and Archaeological Preservation Ordinance.
In progress. City staff, in coordination with the
Historical Society of Mendocino County, are
drafting the ordinance based on community
and Ad Hoc Committee input.
Mobility Element
A – Street Design / D –
VMT Performance
Measures
12/31/2025 Promote multimodal transportation through flexible parking regulations
and implement VMT reduction measures.
In progress. In January 2026, staff initiated an
ordinance amendment, including coordination
with the City Attorney and the Climate
Adaptation and Resilience Division, to expand
bicycle storage and parking infrastructure and
advance off-street parking reforms aimed at
reducing duplicative vehicle parking
requirements.
Mobility Element MOB 5.2 – Support for
Charging Stations 12/31/2025 Support installation of electric vehicle charging stations.
In progress. Beginning in 2024, Electric Utility
Department and Community Development
staff coordinated on an effort to install 18
public chargers across three locations. Final
locations and initial designs were submitted for
review in January 2026. Locations include the
Library, Anton Stadium, and Ukiah Skate Park.
Mobility Element G – Transit Center 12/31/2030 Coordinate with MTA and partners to seek funding and conduct
feasibility work for a downtown transit center.
In progress. In January 2026, in coordination
with CDD Staff, language was added to the
draft Mendocino County RTP identifying a
vacant Courthouse Boulevard site as a
potential downtown transit center location by
MTA and MCOG staff.
Mobility Element L – Airport Parcels /
MOB-6.3 12/31/2025 Prepare a study identifying airport-supportive development parcels and
develop an infill policy for Airport Compatibility Zones.
In progress. Airport Infill Policy Ad Hoc
Committee appointed by City Council in
November 2025 and met in December 2025.
Page 9 of 95
Permit #Site Address Approved Date Summary of Project Comments
PA25-
000019 1240 Airport Park Blvd.12/10/25
Major Site Development Permit and Lot Merger of APNs (180-080-74; 180-
080-75) converting a ±7,129-square-foot structure into an ‘Urgent Care
and Administrative Office’ within the AIP-PD Mixed-Use Airport Industrial
Park Planned Development.
Approved by the Planning
Commission on 12/10/25.
File No. 25-
001630 817 Waugh Ln.11/21/25
Historic Demolition Permit request for a residential structure (APN 003-574-
07). The proposal also includes demolition of a barn, garages, shed, and
vineyard, none of which rise to the level of historical or architectural
significance that would warrant review under the City’s historic demolition
procedures.
Determined exempt from historical
review pursuant to Ukiah City Code
(UCC) 3016(B) by the Community
Development Department (CDD)
Director on 12/22/25.
PA25-000021 101 and 105 S Main St.11/7/25
Historic Demolition Permit for two structures over 50 years old (APN 002-
231-01). The request focuses on revising mitigation measures in a CEQA
Addendum to the 2022 City Council–approved Initial Study and demolition
permit, reflecting a new applicant and updated project timing.
Approved by the City Council on
1/21/26.
City of Ukiah
Recently (Within Previous 60 Days) Approved Projects
3/1/2026
Page 10 of 95
Page 1 of 2
Agenda Item No: 13.a.
MEETING DATE/TIME: 3/11/2026
ITEM NO: 2026-411
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of a Revised Resolution Recommending the City Council Adopt Policies
Establishing the Location and Associated Standards for City Gateways Consistent with 2040 General Plan
Policy LU-11.2 and Related Implementation Measures.
DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager, Katherine
Schaefers, Planning Manager
PRESENTER: Katherine Schaefers, Planning Manager
ATTACHMENTS:
1. 2026-01 PC Resolution - Gateways (2026-01)
2. Proposed PC Resolution - redline
3. Proposed PC Resolution (with Exhibits A & B) - clean
Summary: Planning Commission will review proposed amendments to the previously adopted resolution
directing the City Council to adopt policies establishing the location and related standards for City gateways,
consistent with General Plan Policy LU-11.2. The revised Resolution reflects the Planning Commission’s
recommendations from its regular meeting on January 28, 2026.
Background: At its January 28, 2026, meeting, the Planning Commission reviewed the proposed gateway
policies and locations (see the City's meetings page at www.cityofukiah.com/meeetings to review the agenda
summary report and attachments for this item) and adopted Resolution PC 2026-01 (Attachment 1). The
Planning Commission also advanced four recommendations, which are reflected in the marked-up version
included as Attachment 2.
Chair DeGrassi recommended incorporating semi-permanent or seasonal light pole banners along the Perkins
Street corridor. In response, Staff incorporated the City's existing Community Services Light Pole Banner
Standards into the proposed resolution as Exhibit B for City Council consideration (Attachment 3). The existing
program allows community organizations, educational institutions, governmental bodies, and nonprofits to
display banners on City-owned poles to promote local events and awareness initiatives. It is administered by
the Community Services Department.
Commissioner Montaño recommended involving a local artist in the design of future City-sponsored gateway
installations and requested that a formal public review process be established for those designs. Staff
incorporated both recommendations into the updated resolution (Attachment 2) to ensure that future gateway
projects prioritize community engagement and local artistic participation.
Commissioner Hilliker requested clarification regarding the applicability of the proposed standards to public
improvement projects and Caltrans rights-of-way. Staff notes that formal adoption of the identified gateway
locations and design standards would provide clear policy direction for future public projects, including
coordination with Caltrans and upcoming Public Works initiatives.
Discussion:
The finalized resolution, incorporating all Planning Commission recommendations, is included as Attachment
3. Exhibit A provides example gateway monument concepts and objective design considerations drawn from
Page 11 of 95
Page 2 of 2
previously approved plans and documents; Exhibit B includes the City's Light Pole Banner Standards.
Based on the scope of revisions and relationship to existing policies, Staff determined that the most
appropriate course of action was to return the revised resolution (Attachment 3) to the Planning Commission
for review and adoption prior to forwarding it to the City Council for final consideration.
Staff recommends that the Planning Commission review Attachment 3 and consider adoption of the revised
resolution establishing policies governing the location and development standards for City gateways,
consistent with General Plan Policy LU-11.2 and its related implementation measures.
Recommended Action: Adopt a revised resolution recommending that the City Council adopt policies
establishing the location and associated standards for City gateways, consistent with General Plan Policy LU-
11.2.
Page 12 of 95
ATTACHMENT 1Page 13 of 95
Page 14 of 95
Page 15 of 95
Page 16 of 95
Page 17 of 95
Page 18 of 95
Page 19 of 95
Page 20 of 95
RESOLUTION NO. PC 2026-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH
RECOMMENDING THAT THE CITY COUNCIL ADOPT GATEWAY LOCATIONS AND AFFIRM
THE DESIGN AND DEVELOPMENT STANDARDS CONSISTENT WITH GENERAL PLAN
POLICY LU-11.2
WHEREAS, the City of Ukiah 2040 General Plan established Policy LU-11.2 and Implementation
Program D, which direct the City to identify and enhance gateways through landscape design,
signage, building form, and historic themes; and
WHEREAS, prior City and County planning documents, including the 1995 General Plan, and
Ukiah Valley Area Plan (UVAP) and subsequent public infrastructure investments have
established gateway-related design principles through coordinated public improvement s; and
WHEREAS, Planning Division staff have evaluated gateway concepts over time through
previously adopted plans, prior studies, and realized public improvements, and have determined
that many of the City’s previous gateway objectives have been advanced through previous
planning documents public investments, such as the Department of Public Works State Street
Streetscape Phases 1 & 2, as well as the Urban Core Rehabilitation Program; and
WHEREAS, the Planning Commission recommended the incorporation of semi-permanent or
seasonal light pole banners along gateway corridors such as Perkins Street, and in response,
Staff recommends utilizing the existing City of Ukiah Light Pole Banner standards, attached hereto
as Exhibit B; and
WHEREAS, it is the intent of the City Council that the formalized gateway locations and standards
provide direct, adopted guidance for all future public improvement projects within the identified
corridors, including those coordinated with Caltrans and upcoming City Public Works initiatives;
and
WHEREAS, the City’s recent streetscape and corridor improvement projects demonstrate that
gateway character can be effectively established through public infrastructure and design
consistency, without imposing new development regulations or additional requirements on private
parcels; and
WHEREAS, the identification of gateway locations is intended to distinguish specific points or
zones of arrival from broader corridor planning efforts, and to provide guidance for the placement
and design of gateway features identified in Exhibit A, rather than to regulate surrounding land
uses; and
WHEREAS, future public or private projects located in the immediate vicinity of identified
gateways should avoid features that would interfere with, obscure, or visually compete with
established or planned gateway signage and design elements; and
WHEREAS, the Planning Commission finds that recognizing first and second level gateway
locations and associated design considerations will provide clarity, improve coordination for future
ATTACHMENT 2
Page 21 of 95
public projects, and support implementation of General Plan Policy LU-11.2 and Implementation
Program D.
WHEREAS, the Planning Commission has reviewed suggested gateway locations identified in
Exhibit A, as well the objective gateway design considerations intended to distinguish gateways
from broader corridor planning efforts and to avoid imposing new requirements on private parcels
for future development as prioritized by the City of Ukiah.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah
hereby:
1. Recommends that the City Council recognize existing first-level regional gateways and
proposed second-level City gateways as identified in Exhibit A to this Resolution with final
placement, design, and gateway features subject to site conditions, funding, project cost,
infrastructure constraints, safety considerations, and coordination with future capital
improvement projects; and
2. Recommends that the City Council affirm the use of existing Public Works standards,
adopted plans, and previously constructed public improvements to implement General
Plan Policy LU-11.2 and Implementation Program D as provided in Exhibit A to inform the
subsequent selection, construction, maintenance, upgrades and improvements to the
Perkins Street, Gobbi Street and Talmage Road corridors and gateways; and
3. Recommends that future public and private projects located in the immediate vicinity of
identified second level gateways avoid features that would interfere with, obscure, or
visually compete with established gateway signage and design elements.
4. Recommend that the Community Development Director prioritize the consideration and
removal of older publicly sponsored gateway signage or recommend improvements for
existing signate to the City Council.
5. Recommend that the City Council consider allocating funds to provide the second-level
gateways identified and referenced in Exhibit A.
6. Approve and incorporate the City of Ukiah Light Pole Banner standards, attached hereto
as Exhibit B, to be utilized along designated gateway corridors.
7. Direct Staff to apply these adopted gateway standards to future public infrastructure and
improvement projects, including coordination with Caltrans and Public Works initiatives.
6.8. Direct that a local artist be included in the design and conceptualization phases of
future City-sponsored gateway installations, and that the development of such designs
shall be subject to a formalized public review process prior to final approval and
installation.
PASSED AND ADOPTED by the Planning Commission of the City of Ukiah on the 28th day of
January, 2026, by the following vote:
AYES:
NOES:
Page 22 of 95
ABSTAIN:
ABSENT:
Chair, Planning Commission
ATTEST:
Secretary, Planning Commission
Exhibit A: Ukiah Gateway Standards and Designated Location Reference
Exhibit B: Ukiah Light Pole Banner Policy
Page 23 of 95
RESOLUTION NO. PC 2026-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH
RECOMMENDING THAT THE CITY COUNCIL ADOPT GATEWAY LOCATIONS AND AFFIRM
THE DESIGN AND DEVELOPMENT STANDARDS CONSISTENT WITH GENERAL PLAN
POLICY LU-11.2
WHEREAS, the City of Ukiah 2040 General Plan established Policy LU-11.2 and Implementation
Program D, which direct the City to identify and enhance gateways through landscape design,
signage, building form, and historic themes; and
WHEREAS, prior City and County planning documents, including the 1995 General Plan, and
Ukiah Valley Area Plan (UVAP) and subsequent public infrastructure investments have
established gateway-related design principles through coordinated public improvements; and
WHEREAS, Planning Division staff have evaluated gateway concepts over time through
previously adopted plans, prior studies, and realized public improvements, and have determined
that many of the City’s previous gateway objectives have been advanced through previous
planning documents public investments, such as the Department of Public Works State Street
Streetscape Phases 1 & 2, as well as the Urban Core Rehabilitation Program; and
WHEREAS, the Planning Commission recommended the incorporation of semi-permanent or
seasonal light pole banners along gateway corridors such as Perkins Street, and in response,
Staff recommends utilizing the existing City of Ukiah Light Pole Banner standards, attached hereto
as Exhibit B; and
WHEREAS, it is the intent of the City Council that the formalized gateway locations and standards
provide direct, adopted guidance for all future public improvement projects within the identified
corridors, including those coordinated with Caltrans and upcoming City Public Works initiatives;
and
WHEREAS, the City’s recent streetscape and corridor improvement projects demonstrate that
gateway character can be effectively established through public infrastructure and design
consistency, without imposing new development regulations or additional requirements on private
parcels; and
WHEREAS, the identification of gateway locations is intended to distinguish specific points or
zones of arrival from broader corridor planning efforts, and to provide guidance for the placement
and design of gateway features identified in Exhibit A, rather than to regulate surrounding land
uses; and
WHEREAS, future public or private projects located in the immediate vicinity of identified
gateways should avoid features that would interfere with, obscure, or visually compete with
established or planned gateway signage and design elements; and
WHEREAS, the Planning Commission finds that recognizing first and second level gateway
locations and associated design considerations will provide clarity, improve coordination for future
DRAFT
ATTACHMENT 3
Page 24 of 95
public projects, and support implementation of General Plan Policy LU-11.2 and Implementation
Program D.
WHEREAS, the Planning Commission has reviewed suggested gateway locations identified in
Exhibit A, as well the objective gateway design considerations intended to distinguish gateways
from broader corridor planning efforts and to avoid imposing new requirements on private parcels
for future development as prioritized by the City of Ukiah.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah
hereby:
1. Recommends that the City Council recognize existing first-level regional gateways and
proposed second-level City gateways as identified in Exhibit A to this Resolution with final
placement, design, and gateway features subject to site conditions, funding, project cost,
infrastructure constraints, safety considerations, and coordination with future capital
improvement projects; and
2. Recommends that the City Council affirm the use of existing Public Works standards,
adopted plans, and previously constructed public improvements to implement General
Plan Policy LU-11.2 and Implementation Program D as provided in Exhibit A to inform the
subsequent selection, construction, maintenance, upgrades and improvements to the
Perkins Street, Gobbi Street and Talmage Road corridors and gateways; and
3. Recommends that future public and private projects located in the immediate vicinity of
identified second level gateways avoid features that would interfere with, obscure, or
visually compete with established gateway signage and design elements.
4. Recommend that the Community Development Director prioritize the consideration and
removal of older publicly sponsored gateway signage or recommend improvements for
existing signate to the City Council.
5. Recommend that the City Council consider allocating funds to provide the second-level
gateways identified and referenced in Exhibit A.
6. Approve and incorporate the City of Ukiah Light Pole Banner standards, attached hereto
as Exhibit B, to be utilized along designated gateway corridors.
7. Direct Staff to apply these adopted gateway standards to future public infrastructure and
improvement projects, including coordination with Caltrans and Public Works initiatives.
8. Direct that a local artist be included in the design and conceptualization phases of future
City-sponsored gateway installations, and that the development of such designs shall be
subject to a formalized public review process prior to final approval and installation.
PASSED AND ADOPTED by the Planning Commission of the City of Ukiah on the 28th day of
January, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DRAFT
Page 25 of 95
Chair, Planning Commission
ATTEST:
Secretary, Planning Commission
Exhibit A: Ukiah Gateway Standards and Designated Location Reference
Exhibit B: Ukiah Light Pole Banner Policy
DRAFT
Page 26 of 95
UKIAH GATEWAY STANDARDS AND DESIGNATED LOCATIONS REFERENCE LOCATIONS (FIRST LEVEL)
APN 184-210-03 Unincorporated Mendocino CountyAPN 169-211-07 Unincorporated Mendocino County
Exhibit A
Ren / Alexander Architect (City of Ukiah Gateway Signage)DRAFT
Page 27 of 95
Gobbi Street
Perkins Street
Talmage Road
Talmage Road
UKIAH GATEWAY STANDARDS AND DESIGNATED LOCATIONS - REFERENCE LOCATIONS (SECOND LEVEL)
DRAFT
Page 28 of 95
Concept 01 Concept 03
Concept 02 Concept 04
UKIAH GATEWAY STANDARDS AND DESIGNATED LOCATIONS - REFERENCE GATEWAY CONCEPTS (SECOND LEVEL)
Perkins Street Gateway Master Plan (2015): Conceptual Streetscape and Gateway Improvements
DRAFT
Page 29 of 95
TREES— Downtown Core
TREES— South of Clay
UKIAH GATEWAY STANDARDS AND DESIGNATED LOCATIONS - REFERENCE TREE LISTS
Landscape Architecture Tree Lists, State Street Streetscape Phase 1 (2019)
DRAFT
Page 30 of 95
CITY OF UKIAH LIGHT POLE BANNER POLICY
TITLE: DISPLAY OF BANNERS ON STREET LIGHT POLES FOR COMMUNITY EVENTS, AWARENESS PURPOSES,
EDUCATION, HEALTHCARE AFFILLIATES AND NON-PROFIT ORGANIZATIONS
PURPOSE: The City of Ukiah Light Pole Banner Program is intended to increase awareness of Ukiah-area
events, activities and organizations, as well as add color and excitement to the City's streetscapes.
The City of Ukiah's Community Services Department manages and processes permits for the installation of
banners on City-owned street light poles.
DESCRIPTION: The City of Ukiah will install and remove banners for approved Community Events and
Awareness Initiatives on the City-owned street light poles, on a first-come, first-served basis. Banners are
to be provided by and maintained by the event/initiative organizer and/or chairperson . Banners will be
installed by the City on or about the first day of the month 30 days preceding the scheduled event (e .g. if
an event is scheduled for March 1st, a banner can be installed on or about February 1st.) Banners will be
removed by the City on or about the first day of the month following the Community Event or Awareness
Initiative.
LOCATIONS: There are 12 poles located on State Street between Clay Street and Henry Street; 9 poles on
East Perkins Street between State Street and Orchard Avenue; and 5 (double-banner) poles on Airport
Park Boulevard.
PARTICIPATION: Participation and placement of banners is limited to, Community Organizations,
Educational Institutions or Governmental Bodies, Community Events and Awareness Initiatives that have
been recognized and approved by the City of Ukiah to be held in the City of Ukiah . Banners may not
include typical advertisement themes (such as but not limited to, "Sale", "Open for Business", "Grand
Opening", etc.), or political or religious messages .
DESIGN OF BANNERS: Banners should be designed to reflect the unique nature of each Community Event
or Awareness Initiative and to promote the purpose and benefits to the community. The design and text
of the banner cannot include any corporate advertisements. The City encourages unique designs and
bright colors that can add to the overall appearance of the downtown area . Banners should be designed
so that the imagery and type are appropriately scaled for long-range visibility. Text should be limited and
not include prices, telephone numbers, and addresses. The City of Ukiah's Community Services staff shall
have the right of final approval for the design of any banner to be installed under this policy.
Specifications: The banner size must meet the following specifications.
• Banners must be 24 inches in width and 72 inches in length (24" x 72") "Exhibit D"
• 4" rod pocket is required at the top and bottom of the banner
• Grommets should be placed 1" below and above the casing line. Both grommets should
be 1" from the edge
• Banners should be made from 15 oz . rip-stop vinyl or equivalent material
• All rod pockets sewn with cotton thread and double lock stitch seams
• Banners are to be double-sided and identical on both sides
• The applicant is responsible for banner fabrication
EXHIBIT B
Page 31 of 95
• Any variations to these guidelines must be approved by the Community Services Staff.
If there are any questions, please contact the Community Services Department at {707} 463-6231 PRIOR
to ordering banners.
PLACEMENT: The City has approximately 26 light poles on which banners can be installed. The City
reserves the right to limit the number of banners used for any Community Event or Awareness Initiative.
The minimum number of banners that can be displayed is six poles on State Street and/or five poles on
East Perkins Street. If the Airport Park Boulevard location is selected, all five poles must be used. The City
reserves the right to adjust the actual location site if other banners are currently installed. Anyone
requesting installation at a specific location(s) should indicate both a first choice and a second choice for
placement of their banner(s). The City of Ukiah cannot be responsible for delays in installation or damage
due to vandalism, theft or loss, weather conditions or disaster events.
FEES: The fee for use of the City poles is $30 per pole for installation and removal of the banners.
Applicants are responsible for all costs related to the design, production, and delivery. Applicants are
responsible for maintenance and storage of the banners prior to and after installation. Banners will be
displayed for four weeks prior to the event or for 30 days during specific Awareness Initiatives. Additional
weeks may be requested, depending on availability. All fees must be paid in full to the City of Ukiah 14
days prior to installation.
REQUEST FOR PARTICIPATION: Request for participation in this program shall be submitted to the
Community Services Department . Request must be submitted using the attached form/application along
with one copy (hard copy or e-mail) of the banner design. They can be mailed or emailed to the
Community Services Department. Design revisions and re-submission may be required.
All applications for the banner program will be considered in the following priority:
1. City of Ukiah sponsored events, activities, or programs
2. Existing events, activities, or programs with previously approved applications
3. New events, activities, or programs offered by community organizations or governmental
bodies
APPLICATION TIME LINE:
• One-year maximum and two months minimum prior to event or initiative date, application and
banner design proposal must be submitted to the Community Services Department at 411 West
Clay Street, Ukiah or emailed to recreation@cityofukiah.com.
• Community Services staff will review the application.
• Within 30 days following the submission of application and design, the Community Services Staff
will contact the applicant with approval, rejection, or amendments to the application.
• If the Banner Use Application is approved, a Banner Use Agreement, Exhibit "C" will be issued.
• 14 days prior to banners being installed, fees are to be paid in order to reserve the banner space.
Fees are non-refundable and non-transferable in the event the applicant cancels the banner
request.
• Banner are to be delivered to Community Services 14 days before the installation date.
• Banners will be installed by City Staff on or about the first day of the month 30 days preceding the
scheduled event.
• Banners are taken down by City staff and delivered back to Community Services Department.
Page 32 of 95
• Pick-up and storage of banners after removal is required by the applicant. No banners will be
stored at the Community Services Department longer than ten business days.
PRIOR APPROVAL FOR THE DESIGN AND INSTALLATION OF BANNER IS REQUIRED FROM THE CITY OF
UKIAH. PLEASE DO NOT ORDER ANY BANNERS WITHOUT FIRST OBTAINING CITY APPROVAL.
I have read and understand all aspects of this program including but not limited to: use, design,
technical requirements, cost and conditions as outlined. I understand this application may be
approved or denied based upon the program guidelines, banner space available and/or
agreements with the City of Ukiah.
Applicant Signature _________________ Date ______ _
Please submit this application with the appropriate deposit check payable to City of
Ukiah, and mail to:
City of Ukiah
411 W. Clay Street
Ukiah, CA 95482
Page 33 of 95
Exhibit "D"
BANNER TECHNICAL SPECIFICATIONS
Downtown Light Pole Banner Program
Banner Specifications listed below:
.---------, -.-
4" Total Casing --
0
64" Design Space --72" Total Length (finished)
0
4" Total Casing --
Please Note:
24" Total Width
Design should include bold solid design elements for maximum visibility.
Design should include highly contrasting colors for maximum visibility.
A grommet should be placed 1" below the top casing line, another 1"
above the bottom casing line and both of these grommets should be l" in
from the edge.
Page 34 of 95
Exhibit "C"
CITY OF UKIAH
DOWNTOWN BANNER PROGRAM USE AGREEMENT
THIS AGREEMENT is entered this ____ day of _____ .20 __ between
City of Ukiah, 411 West Clay Street, Ukiah CA 95482 and __________ _
(hereinafter referred to as "Banner User"), (address),
1. Banner User hereby agrees that City of Ukiah, in its handling, transporting, installation
or use of Banner User's banners, makes no warranty or guarantee with respect to the
care, custody, safekeeping, good condition, or timely installation of such banners. And
City of Ukiah hereby disclaims all responsibility for loss or damage to such banners,
whether resulting directly, consequentially, or incidentally from City of Ukiah handling,
transporting, installation or use of such banners.
2. Banner User hereby releases the City of Ukiah from all liability, contractual or otherwise,
and waives all claims against the Releases for but not limited to the following situations:
a. Mistakes made in installation of Banner User's banners;
b. Damage to Banner User's banners during storage, transport, installation, or use;
c. Theft of Banner User's banners;
d. Money lost due to scheduling conflicts which prevent City of Ukiah installation of
Banner User's banners.
e. Installer errors in placement
3. Banner User agrees that this agreement is intended to be as broad and inclusive as is
permitted by the law of the State of California and that if any portion thereof is held
invalid it is agreed that the balance shall notwithstanding continue in full legal force and
effect.
IN WITNESS WHEREOF, City of Ukiah and Banner user by their respective officers
thereunto duly authorized, have executed this Downtown Banner use Agreement as of
the above written date.
CITY OF UKIAH "Banner User"
By: ___________ _ By: _________ _
Title: -------------
Page 35 of 95
Dovvntovvn Light Pole Banner Program
Location Map
I s: __ n U, 0 .,, !e U, :C 8 :Di c1v~cenlera;i i □f □I □ i [i]J~I □}□=□
DDIDlm ~~□ □Dr~□□
School Street
D □□IAma • ij □ ~QQ@J □
600Sou#I 500South GStMh JOOSou:ft 2005oulh H)OSOull\ tOONaflh 200fb1h 300Nolttl AOO':ctth 500Nodh
[!) I D ~ l:J D [JstJ D [ • 11
Main Street
I @ 111 I [!] ~ 1-------11
Iii Parking Loca1ions D ATM Machine D Library IE Post Office
r!?!l Ukiah Valley Conference Center @ Groce Hudson Museum [!) Court House
Page 36 of 95
Page 1 of 4
Agenda Item No: 14.a.
MEETING DATE/TIME: 3/11/2026
ITEM NO: 2026-409
AGENDA SUMMARY REPORT
SUBJECT: Conduct Public Hearing and Consider Approval of a Major Use Permit Amendment to Allow the
Retail Sale of Distilled Spirits at an Existing Gas Station and Convenience Store at 615 Talmage Road (APN
180-070-10); Permit No. PPA25-000001 (formerly File No. 07-33).
DEPARTMENT: Community
Development PREPARED BY: Katherine Schaefers, Planning Manager
PRESENTER: Katherine Schaefers, Planning Manager
ATTACHMENTS:
1. Draft Findings
2. Draft Conditions
3. Application Materials
Summary: Planning Commission will conduct a public hearing and consider approval of a Major Use Permit
Amendment to Allow the Retail Sale of Distilled Spirits at an Existing Gas Station and Convenience Store at
615 Talmage Road (APN 180-070-10); Permit No. PPA25-000001 (formerly File No. 07-33).
Background: Project Overview
As part of an associated real estate transaction involving the subject business and property, the Applicant,
Paul Walia, is requesting to amend the existing Major Use Permit (MaUP) for the gas station and convenience
store located at 615 Talmage Road (ARCO AM/PM). The request is to expand the currently authorized
alcoholic beverage allowances from a Type-20 license (beer and wine) to a Type-21 license, permitting the off-
sale of distilled spirits in sealed containers for off-site consumption only.
No exterior construction, site modifications, or operational changes are proposed as part of this request. The
business will continue to operate as a highway-adjacent fuel station and convenience store with no
modification of hours, building footprint, or intensity of use.
Site History
The original Use Permit and Site Development Permit (File No. 07-33) were approved by the Planning
Commission in 2009. During the original 2009 public hearings, public and agency comments noted the site's
proximity to the Russian River and nearby orchards, raising questions about potential loitering and nuisance
behaviors in the area. In response to these considerations, the original Conditions of Approval incorporated
specific operational limitations recommended by the Ukiah Police Department (UPD). These included
prohibiting the sale of single-container beer and malt beverages (Conditions 17, 18, 19), restricting wine
container sizes (Condition 20), and requiring the installation of a barrier fence behind the main building
(Condition 21).
The current request constitutes a Major Amendment to supersede these specific 2009 UPD Conditions, as
well as associated Use Permit/Site-Specific Conditions regarding alcohol types. Staff supports the modification
of the 2009 operational requirements based on the current City agency review process and the
implementation of updated, enforceable security measures.
When the project was circulated for agency review in January 2026, the Ukiah Police Department reviewed
Page 37 of 95
Page 2 of 4
the application to add distilled spirits and formally replied with "No Comment". No other agencies raised
concerns during this review period.
Additionally, the applicant and prospective purchaser has submitted a Store Management Plan (Attachment
3), revised from the 2009 Planning Commission approval, to improve site security. This plan requires a
minimum of two employees on-site at all times, continuous interior and exterior camera surveillance, clear
storefront sightlines, and strict enforcement of no-loitering and no-panhandling policies. The management plan
also contains the threshold that if police service calls related to the site reach a specified level (twenty or
more) in any given month, the property owner would be required to retain private security personnel at their
own expense.
The subject property is located at 615 Talmage Road (APN 180-070-10), at the intersection of Talmage Road
and Hastings Road. The property carries a General Plan land use designation of Highway Commercial (HC),
is zoned Community Commercial (C-1), and lies within Zone 6 (Traffic Pattern Zone) of the Mendocino County
Airport Land Use Compatibility Plan. The parcel is fully developed with an existing gas station and
convenience store that serves nearby residents, commuters, and travelers along the Talmage Road/US 101
corridor.
In evaluating the application, Planning Division staff surveyed comparable gas station and convenience store
facilities within and near the city to assess the distribution of ABC license types. Staff identified seven
comparable facilities, which were found to be roughly split between Type 20 (Off-Sale Beer & Wine) and Type
21 (Off-Sale General) licenses. The surveyed facilities are summarized below:
Type 20 Licenses:
• 1105 Airport Park Blvd
• 605 E. Perkins St
• 1301 N. State St (County)
Type 21 Licenses:
• 390 E. Gobbi St
• 135 Washington Ave
• 915 N. State St
• 795 E. Perkins St
Staff review suggests that Type 21 licenses are increasingly common among comparable retail fuel facilities,
likely reflecting broader market trends toward expanded beverage offerings. Staff notes that a Type 21 license
affords greater retail flexibility than a Type 20, permitting the sale of distilled spirits in addition to beer and
wine. Unlike the subject facility, none of the surveyed locations operate under use permit conditions
specifically restricting alcohol sales, and each was subject to review by the Ukiah Police Department and
Planning Division staff in coordination with the California Department of Alcoholic Beverage Control (ABC) in
Santa Rosa.
Discussion: This section evaluates the proposed project for its consistency with the City of Ukiah’s General
Plan, Zoning Ordinance, Airport Compatibility Plan, and assesses the required Use Permit findings (UCC
§9262(E)).
General Plan Consistency
The project is located within the Highway Commercial (HC) land use designation. This designation identifies
areas generally located adjacent to Highway 101 and focuses development on auto-oriented uses, visitor-
serving uses, and retail. Typical uses in the HC designation include gas stations, as well as restaurants and
retail. The requested ABC licensing request at an existing gas station and retail convenience store is
Page 38 of 95
Page 3 of 4
consistent with the HC designation.
Zoning Consistency
The parcel is located within the Community Commercial (C-1) Zoning District. The purpose of the C-1 district is
to provide a broad range of commercial land use opportunities along primary transportation corridors. Retail
stores and auto service (gas) stations are permitted uses in the C-1 District. The project maintains the existing
footprint and uses, satisfying the standards of the C-1 zone. Alcohol sales for off-site consumption is generally
considered allowed and appropriate within the C-1 zoning district, with some site-specific constraints applied
to requests near sensitive uses, such as schools. Alcohol sales already occur at this location, and while
proximate to residential uses, the expected issues related to this license change would be minimal.
Airport Land Use Compatibility Plan (UKIALUCP)
The project lies within Airport Compatibility Zone 6 (Traffic Pattern Zone). Within Zone 6, commercial retail
uses are considered "Normally Compatible." There is no maximum sitewide average intensity limit in Zone 6,
and the project introduces no new physical structures that would conflict with airspace protection surfaces.
Agency Review
The project was circulated for agency review from January 22 to February 2, 2026. The Ukiah Police
Department reviewed the application and replied with "No Comment". No other agencies raised concerns or
requested special conditions. The applicant, Paul Walia, has also submitted a Store Management Plan,
revised from the 2009 Planning Commission approval, to ensure the addition of distilled spirits sales is
conducted safely and responsibly, including provisions for security cameras, age verification training, and a
prohibition on outdoor or on-site alcohol consumption.
Use Permit Findings (UCC §9262(E))
The below are summaries of the Use Permit Findings as prescribed by Ukiah City Code §9262(E). For full
finding text, please refer to Attachment 1.
Findings and Staff Analysis:
1. Finding: The proposed land use is consistent with the provisions of this Title as well as the goals and
policies of the City General Plan.
Staff Analysis: Consistent. The project is located in the Highway Commercial General Plan designation
and C-1 Zoning District, which expressly accommodate and encourage retail and gas station uses. The
addition of distilled spirits sales does not expand the physical footprint or alter the fundamental use of
the site, maintaining consistency with all development standards.
2. Finding: The proposed land use is compatible with surrounding land uses and shall not be detrimental
to the public's health, safety and general welfare.
Staff Analysis: Consistent. The site is located in a commercial corridor characterized by retail and
service-oriented businesses. The applicant has no known ABC disciplinary actions or verified nuisance
complaints. The Ukiah Police Department provided no negative commentary. Adherence to the Store
Management Plan will ensure the public's health, safety, and welfare are protected.
Environmental Review
The proposed project qualifies for a Categorical Exemption under CEQA Guidelines Section 15301 (Class 1 -
Existing Facilities). The project involves the minor permitting and licensing alteration of an existing private
structure involving no expansion of the existing use.
Page 39 of 95
Page 4 of 4
Recommended Action
Staff recommends that the Planning Commission: 1) Conduct a public hearing; and 2) Approve the Major Use
Permit Amendment for the property located at 615 Talmage Road (APN 180-070-10); Permit No. PPA25-
000001, subject to Findings in Attachment 1 and Conditions of Approval in Attachment 2.
Recommended Action: 1) Conduct a public hearing; and 2) Approve the Major Use Permit Amendment for
the property located at 615 Talmage Road (APN 180-070-10); Permit No. PPA25-000001, subject to the
Findings in Attachment 1 and the Conditions of Approval in Attachment 2.
Page 40 of 95
Planning Commission | Findings
Major Use Permit Amendment
615 Talmage Avenue, Ukiah; APN 180-070-10
File No. PPA25-000001 (Formerly File No. 07-33)
1
ATTACHMENT 1
DRAFT FINDINGS
MAJOR USE PERMIT AMENDMENT
ADDITION OF DISTILLED SPIRITS SALES
615 TALMAGE ROAD, UKIAH, CA; APN 180-070-10
FILE NO. PPA25-000001 (FORMERLY FILE NO. 07-33)
These Findings pertain to a Major Use Permit Amendment for the existing gas station and
convenience store located at 615 Talmage Road (APN 180-070-10) within the Community
Commercial (C-1) Zoning District; Permit No. PPA25-000001 (formerly File No. 07-33). The
amendment allows for the retail off-sale of distilled spirits (ABC Type-21 license) in addition to the
currently permitted beer and wine sales. Furthermore, this approval specifically supersedes
several operational limitations from the original 2009 Use Permit (File No. 07-33) regarding
alcohol container sizes and types, replacing them with a comprehensive Revised Store
Management Plan. No exterior construction, site modifications, or physical expansions are
proposed as part of this request. The business will continue to operate as a fuel station and
convenience store with no expansion in hours, building footprint, or intensity of use, ensuring the
project remains consistent with the City's General Plan goals and qualifies for a Categorical
Exemption under CEQA Guidelines Section 15301 (Class 1 - Existing Facilities).
USE PERMIT FINDINGS (UCC §9262E)
1.The proposed land use is consistent with the provisions of this Title as well as the
goals and policies of the City General Plan.
The project is consistent with the Highway Commercial (HC) General Plan designation and
Community Commercial (C-1) Zoning District, which accommodate and encourage retail and
gas station uses. The addition of packaged distilled spirits within the existing convenience
store retail area does not constitute an expansion or intensification of land use and complies
with all relevant zoning standards
2.The proposed land use is compatible with surrounding land uses and shall not be
detrimental to the public’s health, safety and general welfare.
The original 2009 Use Permit included specific limitations on alcohol container sizes and sales
types to address potential public safety and loitering concerns. The amendment to supersede
these limitations is supported by current law enforcement review and the implementation of
modernized, enforceable security protocols. Specifically, the Ukiah Police Department
reviewed the current request during the formal agency referral period and provided no
negative commentary or objections. Furthermore, the applicant is required to strictly adhere
to the submitted Store Management Plan, revised for this approval, which mandates
surveillance cameras, a minimum of two on-site employees, and a requirement to hire private
security if police calls reach 20 or more in a single month. With the implementation of these
operational controls, the use remains compatible with surrounding land uses and will not be
detrimental to the public's health, safety, and general welfare.
Page 41 of 95
Planning Commission | Findings
Major Use Permit Amendment
615 Talmage Avenue, Ukiah; APN 180-070-10
File No. PPA25-000001 (Formerly File No. 07-33)
2
CEQA FINDINGS
The proposed project qualifies for a Categorical Exemption under CEQA Guidelines Section
15301 (Class 1 - Existing Facilities). Class 1 consists of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion of existing
or former use.
The project involves the minor permitting and licensing alteration of an existing commercial
convenience store to allow for the retail off-sale of distilled spirits (ABC Type-21 license) in
addition to currently permitted beer and wine sales. The project proposes no exterior construction,
site modifications, or expansion of the existing building footprint.
Furthermore, the licensing amendment involves negligible or no expansion of the existing use, as
there will be no changes to the existing hours of operation, no on-site consumption of alcohol
permitted, no outdoor alcohol display or sales, and no increase in delivery frequency or service
intensity. The addition of distilled spirits does not introduce new land use impacts and will not
increase noise, traffic, parking demand, or pedestrian activity beyond existing baseline conditions.
Finally, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section
15300.2 apply to this project. The site is an already developed commercial parcel; the project will
not result in cumulative impacts or significant effects due to unusual circumstances; and the
project will not damage scenic resources, impact a hazardous waste site, or cause a substantial
adverse change in the significance of a historical resource.
PUBLIC NOTICE
• Notice of the Public Hearing was provided in the following manner, in accordance with
UCC §9231.3, 9263 and 9264:
• Published in the Ukiah Daily Journal on March 1, 2026; and
• Posted on the Project site on February 25, 2026; and
• Posted at the Civic Center (glass case) 72 hours prior to the public hearing; and
• Mailed to property owners within 300 feet of the Project parcels on February 24, 2026;
and
• Emailed to all agencies having jurisdiction: February 25, 2026.
Page 42 of 95
Planning Commission | Findings
Major Use Permit Amendment
615 Talmage Avenue, Ukiah; APN 180-070-10
File No. PPA25-000001 (Formerly File No. 07-33)
1
ATTACHMENT 2
DRAFT CONDITIONS OF APPROVAL
MAJOR USE PERMIT AMENDMENT
ADDITION OF DISTILLED SPIRITS SALES
615 TALMAGE ROAD, UKIAH, CA; APN 180-070-10
FILE NO. PPA25-000001 (FORMERLY FILE NO. 07-33)
The following Conditions of Approval shall be made a permanent part of the Use Permit, and shall
remain in force regardless of property ownership, and shall be implemented in order for this
entitlement to remain valid.
Approved Project Description:
The project consists of an amendment to the existing Use Permit for the gas station and convenience
store located at 615 Talmage Road (APN 180-070-10) within the Community Commercial (C-1) Zoning
District, approved via a Major Use Permit Amendment; File No. PPA25-000001 (formerly File No. 07-
33). The approval allows the retail off-sale of distilled spirits (ABC Type-21 license) in addition to the
currently permitted beer and wine sales. No exterior construction, site modifications, or operational
changes are authorized as part of this request. The business will continue to operate as a fuel station
and convenience store with no expansion in hours, building footprint, or intensity of use, ensuring the
project remains consistent with the City's General Plan goals and qualifies for a Categorical Exemption
under CEQA Guidelines Section 15301 (Class 1 - Existing Facilities).
CITY OF UKIAH STANDARD CONDITIONS
1.This approval is not effective until the 10-day appeal period applicable to this Planning permit
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.
2.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.
3.As outlined in Article 20, Administration and Procedures, of the Ukiah City Code, this planning
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.
4.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
Page 43 of 95
Planning Commission | Findings
Major Use Permit Amendment
615 Talmage Avenue, Ukiah; APN 180-070-10
File No. PPA25-000001 (Formerly File No. 07-33)
2
CITY OF UKIAH SPECIAL CONDITIONS
5. Retention of Unmodified Conditions: All conditions of approval from Use Permit and Site
Development Permit 07-33 remain in full force and effect, except as explicitly modified herein.
6. Superseding of Prior Conditions: This approval specifically amends and supersedes Use
Permit Condition 3(B); Site-Specific Condition (2)(D); Planning Commission Condition 12; and
Ukiah Police Department Conditions 16, 17, 18, 19, 20, and 21 from the original File No. 07-33.
Page 44 of 95
PROJECT DESCRIPTION
Use Permit Amendment – Addition of Distilled Spirits Sales
615 Talmage Road, Ukiah, CA
Project Summary
The applicant is requesting an amendment to the existing Use Permit for the gas station and
convenience store located at 615 Talmage Road, Ukiah, CA, to allow the retail sale of distilled
spirits in addition to the currently permitted beer and wine sales. This Project Description is
intended to supersede the operating characteristics contained in the Conditions of
Approval adopted in 2009, solely as they relate to the types of alcoholic beverages
permitted for sale.
Upon approval of this amendment, the Use Permit will allow the off -sale of beer, wine, and
distilled spirits in sealed containers for off-site consumption only.
No exterior construction, site modifications, or operational changes are proposed as part of this
request. The business will continue to operate as a neighborhood-serving fuel station and
convenience store with no expansion in hours, building footprint, or intensity of use.
Purpose of the Request
The purpose of this Use Permit modification is to meet the demonstrated needs of the
surrounding community by offering a complete selection of packaged alcoholic beverages,
including distilled spirits, consistent with standard convenience-store retail offerings in
comparable commercial areas.
The surrounding area currently lacks convenient access to distilled spirits for local residents.
While beer and wine are available at nearby retailers, no nearby establishment provides spirits
within a reasonable distance of the Talmage Road corridor. Adding this product category will
align the store with typical offerings of similar neighborhood-serving convenience locations,
improve customer service, and meet the purchasing needs expressed by the local population.
Justification for the Amendment & Timing
This application is being submitted now due to the change in business ownership associated with
the pending purchase of the property. As part of the transition, the applicant conducted a review
ATTACHMENT 3
Page 45 of 95
of customer demand, local retail offerings, and the site’s regulatory history. Based on this
review:
1. Community Need
The immediate trade area lacks a convenient, walkable, or quick -stop option for distilled
spirits. Residents currently must travel farther into Ukiah or out of the immediate area to
purchase these products. Adding spirits at this location will fill that gap while
maintaining responsible retail practices.
2. Compliance History
Based on a review of the location’s regulatory history and communications with the
seller, there have been no known violations related to alcohol sales or operations for
at least the past ten years. The location has demonstrated a long-standing record of
responsible operation under the existing Use Permit and state alcohol regulations. This
compliance history supports the suitability of expanding the permitted alcohol offerings.
3. No Increase in Impacts
The addition of distilled spirits sales will not increase traffic, noise, building
occupancy, operating hours, or delivery frequency. Product will be displayed within
the existing retail floor area, and staff training/oversight for alcohol sales is already well
established.
4. Consistency With Surrounding Land Use
The site is located in a commercial corridor where mixed retail uses, including alcohol
sales, are common and appropriate. Adding spirits is consistent with the area’s
commercial character and compatible with surrounding uses.
Project Operations
• No changes to building layout, exterior façade, signage, parking, or circulation are
proposed.
• All sales of distilled spirits will occur indoors within the existing secure retail area.
• Staff will continue to comply with all applicable California Department of Alcoholic
Beverage Control (ABC) regulations, including age verification and responsible alcohol
sales practices.
• A revised Store Management Plan has been submitted concurrently with this application
and reflects the proposed addition of distilled spirits, superseding prior operational
limitations related to alcohol types contained in the 2009 Conditions of Approval.
• No additional noise, deliveries, outdoor activity, or increase in operational intensity is
proposed.
Page 46 of 95
Conclusion
The proposed Use Permit amendment to allow distilled spirits sales at 615 Talmage Road is a
logical and appropriate enhancement to an existing, well-operated neighborhood convenience
store. The request is supported by community need, the site’s strong comp liance history, and the
absence of any physical or operational impacts. Approval of this amendment will allow the
business to better serve local residents while maintaining the City of Ukiah’s standards for
responsible retail operation.
Page 47 of 95
FORMAL EXPANDED NARRATIVE & BUSINESS PLAN
Request to Amend Conditional Use Permit and Expand Alcohol License
Privileges
Location: 615 Talmage Road, Ukiah, California 95482
Existing Business: ARCO ampm Fueling Station & Convenience Retail
Existing License: ABC Type-20 (Off-Sale Beer & Wine)
Requested License: ABC Type-21 (Off-Sale Distilled Spirits)
1. Project Overview
The applicant is requesting approval to amend the existing Conditional Use Permit (CUP) to
expand the currently authorized off-sale alcoholic beverage privileges from a Type-20
license (beer and wine) to a Type-21 license permitting the off-sale of distilled spirits in
sealed containers for off-site consumption only.
No changes are proposed to the existing fueling operations, building footprint, site layout,
circulation, parking, hours of operation, or overall business classification. The request is
limited exclusively to the addition of packaged distilled spirits within the existing
convenience store retail area.
This request is consistent with similar neighborhood-serving convenience retail operations
throughout Ukiah and comparable commercial corridors, and does not constitute an
expansion or intensification of land use.
2. Site Background & Operational History
The subject property is a fully developed commercial parcel improved with a modern
fueling station and convenience market, originally constructed and approved by the City of
Ukiah in 2012. The business has operated continuously for over a decade under City
approvals and ABC licensing.
The site has demonstrated a strong record of responsible operation, including:
• No known disciplinary actions or violations issued by the California Department of
Alcoholic Beverage Control (ABC)
• No verified nuisance complaints associated with alcohol sales
• A historically low volume of police service calls relative to comparable sites
Page 48 of 95
• Consistent compliance with all Conditions of Approval associated with Use Permit
No. 07-23
This operational history supports the site’s suitability for the requested license expansion.
3. Operational Characteristics
The business functions as a neighborhood-serving convenience retail establishment,
serving nearby residents, commuters, and regional travelers along the Talmage Road
corridor.
Key operational characteristics include:
• Sale of sealed, packaged alcoholic beverages for off-site consumption only
• No on-site consumption of alcohol permitted
• No changes to hours of operation
• No increase in delivery frequency or service intensity
• No outdoor alcohol display or sales
All distilled spirits will be displayed and sold within the existing secured retail floor area,
with age verification and responsible sales practices strictly enforced.
4. Basis for License Expansion Request
A. Consumer Demand & Market Parity
There is a demonstrated lack of nearby retail locations offering distilled spirits within the
immediate trade area surrounding 615 Talmage Road. While beer and wine are available
nearby, local residents must currently travel farther into Ukiah or beyond to purchase
spirits.
The proposed license expansion will provide convenient access to a full range of packaged
alcoholic beverages, consistent with consumer expectations for modern convenience
retail, without altering the site’s operational profile.
B. Economic Development & Fiscal Benefit
Approval of the Type-21 license will:
• Support business viability and long-term reinvestment at the site
• Increase taxable sales and associated sales tax revenue for the City of Ukiah
• Strengthen the competitiveness of the business without expanding physical
development
Page 49 of 95
C. No Land Use or Nuisance Impacts
The addition of distilled spirits does not introduce new land use impacts. The proposal
does not increase noise, traffic, parking demand, or pedestrian activity beyond existing
conditions.
5. Compatibility With Surrounding Uses
The site is located within a commercial corridor characterized by fueling stations, retail,
and service-oriented businesses. The sale of packaged alcohol for off-site consumption is
compatible with these surrounding uses and consistent with zoning allowances when
conditioned through a CUP.
The proposed amendment aligns with the City’s General Plan policies supporting
neighborhood-serving commercial uses and does not conflict with adjacent properties.
6. Public Safety & Management Controls
Public safety is a central consideration of this request. The site will continue to operate
under a comprehensive Store Management Plan that includes:
• Interior and exterior security cameras
• A minimum of two employees onsite at all times
• Approved exterior site lighting
• Clear glass storefront providing visibility and natural surveillance
• No charge accounts
• Strict enforcement of no-loitering, no-panhandling, and no on-site consumption
policies
• Employee training in age verification, responsible alcohol sales, and site security
procedures
Additionally, a police call threshold has been established whereby private security
personnel will be retained if monthly calls reach a specified level, at the owner’s sole
expense.
7. Findings & Justification for Approval
The requested CUP amendment and ABC Type-21 license satisfy the required findings for
approval:
Page 50 of 95
• Public Convenience: Provides local access to packaged distilled spirits where
such access is currently limited
• Public Necessity: Serves existing community needs without expanding land use
impacts
• Public Health, Safety, and Welfare: Maintained through robust security,
management, and compliance measures
• Land Use Compatibility: Consistent with surrounding commercial uses
• Environmental Review: No physical changes or operational intensification;
anticipated to qualify for CEQA exemption
8. Conclusion
The proposed amendment to allow the off-sale of distilled spirits at 615 Talmage Road
represents a modest, well-managed enhancement to an existing, responsibly operated
commercial use. The request is supported by the site’s strong compliance history,
demonstrated community need, compatibility with surrounding uses, and clear public
safety safeguards.
The applicant respectfully requests approval of the Conditional Use Permit amendment
and authorization to obtain an ABC Type-21 off-sale distilled spirits license for the subject
property.
Page 51 of 95
STORE MANAGEMENT PLAN
615 Talmage Road, Ukiah, CA
Use Permit Amendment – Addition of Distilled Spirits Sales
This Store Management Plan is submitted in connection with the proposed amendment to
the existing Use Permit for the gas station and convenience store located at 615 Talmage
Road, Ukiah, California, to allow the retail sale of distilled spirits. This plan updates and
builds upon the previously approved Management Plan for the site and is intended to
address the City of Ukiah Planning Department and Police Department Conditions of
Approval.
A. Onsite Trash and Recycling Management
The property owner and operator shall maintain the site in a clean, orderly, and litter -free
condition at all times. The following measures shall be implemented:
• Onsite trash collection will occur at a minimum of two (2) times daily , with all
trash deposited into the enclosed dumpster located on -site.
• Trash receptacles will be monitored throughout operating hours to prevent
overflow.
• Recycling containers will be provided on -site for customer use and employee
operations.
• Recycling materials will be collected a minimum of two (2) times per week by a
licensed recycling service.
• Store employees will conduct regular exterior patrols of the site, including parking
areas and perimeter edges, to remove litter and prevent off -site trash migration.
These measures are intended to ensure that the operation does not contribute to onsite or
offsite litter impacts.
B. Coordination With Adjacent Neighbors
The property owner is committed to maintaining a positive and cooperative relationship
with adjacent property owners and occupants. The following practices will be followed:
• The owner and/or store manager will provide contact information to neighboring
property owners so that concerns can be communicated directly and addressed
promptly.
Page 52 of 95
• Any complaints related to noise, loitering, trash, or customer behavior will be
documented and addressed in a timely manner.
• Store operations will be managed to minimize any negative effects on adjacent
properties, including proactive monitoring of exterior areas and enforcement of no -
loitering policies.
• The owner will work cooperatively with City staff and the Ukiah Police Department
to address any recurring issues should they arise.
C. Outreach to Neighboring Property Owners
In compliance with the Conditions of Approval, the property owner will contact neighboring
property owners in accordance to Planning Department requirements to inform them of
the proposed Use Permit amendment and to discuss any potential impacts related to the
addition of distilled spirits sales.
• The owner remains available to meet with adjacent property owners to resolve
concerns and implement reasonable mitigation measures if necessary.
D. Security Features and Operational Controls
The following security measures shall be implemented and maintained to minimize
loitering, deter criminal activity, and ensure the safety of customers, employees, and
surrounding properties:
Security Staffing and Operations
• A minimum of two (2) employees shall be onsite at all times during business hours.
• Employees will be trained to identify and address loitering, panhandling, and
prohibited behavior, and to contact law enforcement when appropriate.
• No charge accounts shall be permitted for customers.
Surveillance and Monitoring
• Fully operational interior and exterior security cameras shall be maintained at all
times.
• Camera coverage shall include interior sales areas, exterior building elevations,
parking areas, and fueling islands.
• Surveillance equipment and digital recording systems shall be maintained in
accordance with Ukiah Police Department requirements, with recordings readily
accessible for review.
• A public-view monitor shall be installed near the store entrance, and additional
monitors shall be provided for staff monitoring.
Page 53 of 95
Lighting and Visibility
• Exterior site lighting shall remain operational from dusk to dawn and shall be
maintained consistent with previously approved lighting plans.
• Landscaping and signage shall not obstruct lighting or visibility into or out of the
store.
• The store’s large, clear glass storefront will be maintained to provide clear
sightlines and “eyes on the street.”
Loitering and Alcohol Consumption Prohibition
• Loitering, panhandling, and alcohol consumption on -site are strictly prohibited.
• Signage stating “No Loitering / No Panhandling” shall be posted in locations and
formats approved by the Ukiah Police Department.
E. Police Call Threshold and Security Personnel Requirement
Based on guidance from the Ukiah Police Department:
• If the number of police service calls related to the site reaches twenty (20) or more
calls in any given month, the property owner shall retain uniformed private
security personnel.
• The Ukiah Police Department shall determine the specific hours during which
private security is required.
• All costs associated with providing private security personnel shall be the sole
responsibility of the property owner.
If the Planning Department, Police Department, and the applicant are unable to reach
agreement on the terms of this Store Management Plan, the plan shall be returned to the
Planning Commission for review and approval, consistent with the Conditions of Approval.
Owner Commitment
The property owner and operator acknowledge responsibility for implementing and
maintaining all elements of this Store Management Plan. A signed copy of this plan shall be
kept on-site at all times, and all employees shall be trained on its requirements.
This Management Plan is intended to ensure that the addition of distilled spirits sales is
conducted responsibly, safely, and in a manner that is compatible with the surrounding
neighborhood and consistent with the City of Ukiah’s public safety and planning
objectives.
Page 54 of 95
December 18, 2009
Mr. Hagi Alam
390 E. Gobbi Street
Ukiah, CA 95482
Re: 615 Talmage Raad, APN 180-070-10
Use Permit and Site Development Permit No 07-23
Dear: Mr. Alam,
The Planning Commission, at its regular meeting of December 9 , 2009 reviewed Use
Permit and Site Development Permit 07-33 to allow the construction and operation of a
new gas station with mini-market at 615 Talmage Road.
It was the action of the Planning Commission to approve the project subject to the
following findings and conditions.
USE PERMIT FINDINGS TO ALLOW
A AUTO GAS STATION, 2,400 SQUARE FOOT MINI-MARKET AND 600 SQUARE
FOOT LEASE SPACE TO BE LOCATED AT 615 TALMAGE ROAD APN 180-070-10.
The following findings are supported by and based on information contained in the staff
report, the application materials and documentation, and the public reco rd.
1. The proposed land use, as conditioned , is consistent with the provisions of the zoning
code as well as the goals and policies of the City General Plan for the following
reasons .
A The project site is zoned Community Commercial (C1 ). The gas station and mini-
market are permitted uses in the C1 zoning district with approval of a use permit.
B. The project meets the intent of the C1 zoning district in that the auto gas station
and mini-market will provide commercial opportunities on a primary
transportation corridor within the City. The project has frontage on and access
from Talmage Road which is identified as an Arterial roadway.
c. The following unique circumstances specific to the proposed use allow for a
lower demand for parking .
Bp/Arco AM-PM
Use Pe rmit/ Site De ve lopment Pem1it No 07-23
6 15 T a lmage Road
300 SEMINARY AVENUE UKIAH , CA 95482-5400
Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cilyofukia h.com Page 55 of 95
• Many customers of gas station will visit the mini-market while the vehicle
is at the gas pump.
• Customers of the mini-market have a fast turn over allowing for parking
space availability.
• Only two employee parking spaces are needed for employees based on
the project description.
• Some customers will travel to the mini-market via foot or bicycle.
• Additional parking needed for the vacant commercial space would be
addressed as part of evaluation of proposed use.
D. The General Plan land use designation of the project site is Commercial (C). This
land use designation is intended to allow for a variety of commercial uses in
areas that are served by publicly-maintained roads and in areas with anticipated
growth. Examples of allowable uses include retail, service business, general
commercial, public facilities, places of public assembly, parking lots and
residential uses. The proposed gas station and mini-market are consistent with
the uses intended for the Commercial land use designation.
The project is consistent with Economic Development Goal ED-1 to support a
strong local economy in that the project will allow a new business(es) to occupy a
commercially zoned parcel that will serve the citizens of Ukiah and the Ukiah
Valley, furthermore the re-use and development of the project site will generate
additional property tax and sales tax for the City. The project also supports a
strong local economy by cleaning up and developing a site that has become
degraded and has the potential to become an attractive nuisance. The
development of the site will enhance the area by constructing a new commercia l
building, the facilities necessary for the gas station, and installing onsite and
right-of-way landscaping and street trees. This has the potential to encourage
improvements to other properties and buildings in the area.
The project site is located on one of the City's identified gateways and provides a
first impression to visitors and residents to the City of Ukiah. Currently the site
contains a vacant building. As noted above, this project would clean up the
parcel hence presenting an attractive introduction to the City and supporting
Community Design Goal CD-7 to Improve the appearance of the area gateways.
2. The proposed land use, as conditioned, is compatible with surrounding land uses in
that the project site is located within an existing commercial corridor and is
surrounded by commercial uses (motel, offices, and an auto repair business) and
that the project site has been used as an auto repair business in the past.
3. The proposed land use shall not be detrimental to the public's health, safety and
general welfare for the following reasons:
A. Alcoholic Beverage Control has issued a license for the sale of wine and beer for
this site.
Bp/Arco AM-PM
Use Pennit/ Site Deve lopment Pennit No 07-23
6 I 5 Talmage Road
2
Page 56 of 95
B. The project was reviewed by the Police Department. The comments from the
Police Department indicate that the project would not be detrimental to the public,
heath, safety and welfare if the appropriate conditions are applied to the project
which would address the following concerns raised by the Police Department
(see conditions 13-19).
Based on Police Department experience with similar businesses that sell beer
and wine, businesses that sell single containers of beer and wine and any high
alcohol content "malt liquor/flavored malt liquor" have the ability to increase the
likelihood that alcohol consumption would occur on or near the premises . This
has the ability to increase loitering and the propensity for criminal behavior
increasing the need for police response.
The project site has no other retail establishments in close proximity making the
site less visible to the public's watching eye and more prone to criminal activities.
The site is located in the direct path of daily movement of a significant population
of homeless. Prohibiting the consumption of alcohol on site would reduce the
likelihood of loitering. Prohibiting the sales of "singles" and requiring alcohol to be
sold as pre-packaged by the manufacturer would also reduce the likelihood that
alcohol would be consumed onsite or in the area. Fencing the rear of the building
would prohibit access to the rear of the building reducing the likelihood of
loitering and eliminating an area that would be used for undesirable behavior.
The proposed 24-hour operating hours will provide a constant onsite presence
and additional "eyes on the street" which assists in reducing undesirable and/or
unlawful behavior.
Areas that are unenclosed and out of the public view present an unsafe condition
that invites loitering and unlawful behaviors. Requiring the rear of the building to
be fenced to prohibit access would eliminate this problem.
The project was reviewed by the City Building Official, the Public Works
Department and Fire Marshal their comments have been added as conditions of
approval.
SITE DEVELOPMENT FINDINGS TO ALLOW CONSTRUCTION OF A GAS STATION
WITH MIN-MARKET AND RETAIL SPACE TO BE LOCATED AT 615 TALMAGE
ROAD APN 180-070-10
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 General Plan land use designation of the project site is Commercial (C). This
land use designation is intended to allow for a variety of commercial uses in
areas that are served by publicly-maintained roads and in areas with anticipated
growth. Examples of allowable uses include retail, service business, general
commercial, public facilities, places of public assembly, parking lots and
Bp/Arco AM-PM
Use Permit/ Site Development Permit No 07-23
615 Talmage Road
3
Page 57 of 95
residential uses. The proposed gas station and mini-market are consistent with
the uses intended for the Commercial land use designation.
The project is consistent with Economic Development Goal ED-1 to support a
strong local economy in that the project will allow a new business(es) to occupy a
commercially zoned parcel that will serve the citizens of Ukiah and the Ukiah
Valley, furthermore the re-use and development of the project site will generate
additional property tax and sales tax for the City. The project also supports a
strong local economy by cleaning up and developing a site that has become
degraded and has the potential to become an attractive nuisance. The
development of the site will enhance the area by constructing a commercial new
building, the facilities necessary for the gas station, and installing onsite
landscaping and street trees. This has the potential to encourage improvements
to other properties and buildings in the area.
The project site is located on one of the City's identified gateways and provides a
first impression to visitors and residents to the City of Ukiah. Currently the site
contains a vacant building. As noted above, this project would clean up the
parcel hence presenting an attractive introduction to the City and supporting
Community Design Goal CD-7 to Improve the appearance of the area gateways.
2. The proposed project will not create a hazardous or inconvenient vehicular or
pedestrian traffic pattern because of the following .
• The proposed project is located on a site that is at the intersection of two
arterial streets.
• A Traffic Impact Analysis was completed to evaluate traffic impacts of the
proposed project. It was concluded that the project will not adversely impact
the traffic patterns at the intersection. The analysis was reviewed by the City
Public Works Department and CAL TRANS.
• The site has been used in the past for a similar use.
• The project and Traffic Impact Analysis has been reviewed by Public Works
Department and it was found to be adequate in terms of vehicular and
pedestrian traffic patterns.
• On site improvements include a defined pedestrian path of travel along with a
new driveway on Hastings and the relocation of the existing driveway on
Talmage.
3. The accessibility of off-street parking areas and the relation of parking areas with
respect to traffic on adjacent streets will not create a hazardous or inconvenient
condition to adjacent or surrounding uses based on the following.
• Off-street parking would be accessed from an existing driveway curb cut
located on Talmage Road and from a new driveway curb cut on the Hastings
Sp/Arco AM-PM
Use Pem1it/ Site Development Permit No 07-23
615 Talmage Road
4
Page 58 of 95
Road side. The Talmage Road driveway is existing, and a new public
sidewalk will be added as part of this project.
• A traffic impact analysis was performed and it was determined that the
current controls at the intersection were adequate therefore the project will
not change the current function of the intersection.
4. The project as conditioned will provide sufficient landscaped areas for purposes
of separating or screening the proposed structure(s) from the street and adjoining
building sites, and breaking up and screening large expanses of paved areas
based on the following:
• The project is required to comply with the landscaping requirements of the C-
1 Zone. The project is generally consistent with these requirements.
• The project provides the following landscaping features:
1) Trees and landscaping along the project frontage will provide
screening of the project as viewed from the street.
2) Vegetation along the project perimeters that will provide screening.
3) The project meets the requirement for 50% tree canopy over paved
areas.
5. The proposed development will not restrict or cut out light and air on the property,
or on the property in the neighborhood; nor will it hinder the development or use
of buildings in the neighborhood, or impair the value thereof
• The project complies with the C-1 height and setback requirements which are
developed in order to ensure adequate light and air and separation of uses. The
project would not cut out light or air or hinder the development or use of building
in the neighborhood based on the following:
1) The properties to the west and south are already developed there is
approximately a 30 foot separation between the proposed project and the
existing development to the west.
2) The project is appropriately designed as required by C-1zone
development standards. The project has been reviewed by the Design
Review Board and requires Planning Commission approval. This process
ensures a quality project that would not impair the value to properties or
development.
3) The existing buildings on the site will be removed.
6. The site is not located in or adjacent to a residential zoning district.
7. The proposed development as conditioned will not excessively damage or
destroy natural features, including trees, shrubs, creeks, and the natural grade of
the site based on the following.
Bp/Arco AM-PM
Use Pennit/ Site Development Pennit No 07 -23
615 Talmage Road
5
Page 59 of 95
• The site is located in a commercial area, and contains existing structures that
will be removed.
• No water courses , wildlife, wildlife habitat or other environmentally sensitive
areas are present.
• The property is located within the floodplain however it is not in the floodway.
As such the project is subject the City's standard requirements for pre-
construction and post construction elevation certificates.
• A Certified Arborists report will be required prior to issuance of building permit
to ensure that the existing oak tree adjacent to the new Hastings Road
entrance will not be damages as a result of construction or operation of the
gas station.
8 . The project was reviewed by the Design Review Board and the applicant has
incorporated many of the recommendations into the plans in the effort to create a
more attractive and interesting building .
9. The building includes architectural details, materials, and articulation that avoids
an uninteresting box-like external appearance and avoids monotony . These
details include use of awnings, varied building height and score lines on the
exterior finish that will break up the walls.
11. The following unique circumstances specific to the proposed use allow for a lower
demand for parking because.
•
•
•
•
•
Many customers of gas station will visit the mini-market while the vehicle
is at the gas pump.
Customers of the mini-market have a fast turn over allowing for parking
space availability.
Only two employee pa rking spaces are needed for employee parking
based on the project description.
Some customers will travel to the min i-market via foot or bicycle .
Additional parking needed for the vacant commercial space would be
addressed as part of evaluation of proposed use.
USE PERMIT AND SITE DEVELOPMENT CONDITIONS OF APPROVAL TO ALLOW
CONSTRUCTION AND OPERATION OF A GAS STATION WITH MIN-MARKET AND
RETAIL SPACE TO BE LOCATED AT 615 TALMAGE ROAD APN 180-070-10
Site Specific Conditions
1. Approval is granted to construct and operate a gas station with a 2,400 square
foot mini-market and 600 square feet of unidentified lease space as shown on
the project plans submitted to the Community Development and Planning
Department and date stamped November 9 , 2009 except as modified by the
following conditions of approval.
2. This Use Permit is granted subject to the following operating characteris tics:
Bp/Arco AM -PM
Use Permit/ Site Developme nt Permit No 07-2 3
6 15 Talm age Road
6
Page 60 of 95
A. 24 hour gas station and mini-market.
8. 4 employees with 2 per shift.
C. Mini-market items for sale to include small grocery items, candy, to go deli
items, fountain drink and coffee.
D. Alcohol sales as conditioned by the Ukiah Police Department.
3. A Single Inverted -U bicycle rack shall be added to the front east side of the
building. 3 parking spaces for bikes shall be provided. The rack shall be installed
prior to building permit final and is subject to staff review and approval.
4. A certified arborist report shall be prepared in regards to the exiting oak tree on
the Hasting Road frontage. The report shall be submitted to the Planning
Department for review prior to approval of the building permit. The report should
include the following items:
A. Species and size of tree.
8. Existing health of the tree.
C. Impact of proposed construction work on the tree.
D. Impacts of vehicles on tree given close proximity to driveway.
5. A Final Lighting Plan shall be included with plans submitted for building permit for
review for compliance with Ukiah City Code requirements for on-site lighting and
with the International Dark Sky Association guidelines for reducing nighttime
lighting on the site. The Final Lighting Plan shall include the following.
A. Details regarding exterior lighting for structures, garden areas, and walkways,
with lighting sources that are full cut-off, hooded, down-cast, or otherwise
shielded to ensure that light does not adversely shine towards neighboring
properties, or toward the night sky, and that light bulbs are generally not
visible to pedestrians on sidewalks or designated areas or walkways on the
site and at the property boundary, or to persons in any building on or off the
site.
8. All lighting shall be the minimum wattage and of a quality that provides
adequate security, but is not excessive and does not result in excessively
bright night glow. Sufficient details regarding the proposed type,
wattage/luminescence, and illustration of the area illuminated by each
exterior light shall be provided so that Planning Staff can determine the
brightness and quality of the proposed lighting ..
C. Lighting devices and fixtures shall be designed, located and function
compatible with the site planning and design of the building.
D. The Planning Director shall have the authority to require the Final Lighting
Plan to be modified (including the type and wattage or intensity) and/or
additional information to be submitted so that the lighting meets the
requirements listed above.
6. Signs are not included as part of this approval. Signs require application for
and approval of a sign/building permit.
Bpi Arco AM-PM
Use Permit/ Site Development Permit No 07-23
615 Talmage Road
7
Page 61 of 95
7. On plans submitted for building permit, these conditions of approval shall be I
included as notes on the first sheet.
8. A photometric plan that demonstrates that the project lighting will not be overly
bright or extend over property lines.
9. The plans submitted for building permit shall show clear glazing.
10. All roof top equipment shall be screened and shown on the plans submitted for a
building permit.
From the Planning Commission
11. Plans submitted for building permit shall include the following and are subject to
staff review and approval:
A A revised landscaping plan that includes the removal of the palm trees.
B. Location of protective tree fencing for the existing trees located on the
adjacent motel property to ensure that construction of the project does not
result in damage to these off-site trees. Protective tree fencing shall be metal,
a minimum of 5-feet in height, and secured with in-ground posts and located
5-feet outside of the dripline of the trees to be protected.
C. Slate or tile wainscot treatment shall be added to the building.
D. Notes on the site plan that indicate reflective paint will be used to illuminate
the pedestrian path the runs through the parking area.
12. A Store Management Plan shall be submitted for review and approval by the
Planning Department and Police Department prior to issuance of the build ing
permit. At a minimum, the Management Plan shall include the following
elements.
A How collection of onsite trash and recycling will be handled in order to control
onsite and offsite litter.
B. How the property owner will work with adjacent neighbors to minimize any
negative effect the operation of the business may have on the neighboring
properties.
C. Documentation that the owner has contacted neighboring property owners in
order to work out a plan to address any impacts that may result from the
project shall be submitted to staff as part of the Store Management Plan.
D. Identify the specific security features that will be in place to minimize loitering
and to ensure the safety of the customers and surrounding properties,
including those specifically identified at the public hearing including the use of
interior and exterior security cameras, two employees onsite at any time,
exterior site lighting, large clear glass storefront to provide "eyes on the
street" and no charge accounts for customers.
Bpi Arco AM-PM
Use Permit/ Site Development Permit No 07-23
615 Talmage Road
8
Page 62 of 95
E. Based on information from the Police Department, a threshold for the number
of calls shall be established that will trigger the requirement to provide onsite
security personnel. All expenses associated with providing security personnel
are the responsibility of the owner.
If staff and the applicant/property owner cannot reach agreement on the Store
Management Plan, the management plan shall return to Planning Commission
for review and approval.
13. The Final Lighting Plan required in condition #5 above is required to be reviewed and
approved by the Police Department.
14. If it is determined by the arborist report that the tree is not healthy and unable to
withstand construction impacts then the tree shall be replaced with 25 gallon size
live oak in the general location and sited to ensure the long-term health of the
tree (such as avoiding impacts related to truck and vehicle traffic and reducing
the amount of impervious surface that encroaches into the dripline of the tree .
From the Ukiah Police Department (Captain Trent Taylor)
15. No consumption of alcoholic beverages on the premises shall be allowed.
16. Only beer and wine shall be sold and only if properly licensed by the State of
California to do so.
17. No beer or malt beverage products shall be sold, regardless of container size, in
quantities of less than six per sale and only if they are contained as pre-
packaged from the manufacturer.
18. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz.
or similar size container is prohibited. No beer or malt beverages shall be sold in
quantities of less than six per sale.
19. Beer, malt beverages, and wine coolers in containers of 40 oz. or less cannot be
sold by single containers, but must be sold in manufacturer pre-packaged multi-
unit quantities.
20. Wine shall not be sold in bottles or containers small than 750 ml. and wine
coolers, beer cooler, or pre-mixed distilled sprit cocktails must be sold in
manufacturer pre-packaged multi-unit quantities.
21 . A barrier or fence shall be erected that will prevent persons from entering the
area to the behind he main building.
Bp/Arco AM-PM
Use Permit/ Site Development Pennit No 07 -23
615 Talmage Road
9
Page 63 of 95
From the Department of Public Works (Ben Kageyama)
22. Prior to construction, improvement plans shall be prepared by a Civil Engineer
and approved by the Department of Public Works. Public sidewalk improvements
outside of the street right-of-way will require a sidewalk easement ded icated to
the City.
23. This property is located within the floodplain, and is subject to the provisions of
Section 9600 et seq. of the Ukiah Municipal Code. The following shall be
required:
A. A pre-construction elevation certificate, based on the plans , will be required
prior to the issuance of a building permit.
B. A post construction elevation certificate based on construction will be
required prior to final inspection.
24. If a food service facility is proposed as part of this project, pursuant to Ukiah
Valley Sanitation District Ordinance No. 28, an outdoor grease interceptor shall
be installed, sized in accordance with the California Building Code.
25. All irrigation and fire services shall have approved backflow devices.
From the Ukiah Valley Sanitation District ( Rick Kennedy )
26. The property owner shall enter into an agreement with the Ukiah Valley
Sanitation District for a sanitary sewer easement along the east side of the
parcel.
From the Fire Marshal (Chuck Yates)
27. No cooking which would generate any amount of grease-laden vapors is to be
conducted without installation of a hood and duct ventilation system containing a
UL-300 fire suppression system (CFC Section 904.11)
28. Within the retail operation, one fire extinguisher is shown in the office. An
additional fire extinguisher will be required in the public area, at a location to be
determined.
From Building Official ( David Willoughby) :
29. Three sets of a Geotechnical Report will be required along with the building plans
and other documents when applying for a building permit.
30. The south wall of the convenience store will need to be a 1 hour rated wall with a
parapet wall extending a minimum of 30" above the roof.
Bp/Arco AM-PM
Use Permit/ Site Developm e nt Permit No 07-23
615 Talmage Road
10
Page 64 of 95
31. A vapor recovery tank/system will need to be shown on the plans and maintain a
1 O' setback from the property line.
From Mendocino County Air Quality Management District
32. The project is subject to the requirements of Regulation 1 and Regulation 3
of the Mendocino County Air Quality Management District.
Standard City Conditions of Approval
33. 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.
34. 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.
35. 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.
36 . 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.
37. All conditions of approval that do not contain specific completion periods shall be
completed prior to building permit final.
38. 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.
39. 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
Bp/Arco AM-PM
Use Pennit/ Site Development Pennit No 07-23
615 Talmage Road
11
Page 65 of 95
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.
As acknowledgement of receipt of your project's Conditions of Approval please sign and
return a copy of this letter.
If you have any questions feel free to contact me at (707) 463-6206 or
jf aso@cityofukiah.com
Sincerely,
~~ffr/D
Associate Planner
the applicant/Owner have read and agree to the
above Conditions of Approval.
Applicant/Owner
Date
Cc: Jonathan Ramas, Stantec 1131 North McDowell Blvd , Petaluma, CA 94954
Sp/Arco AM-PM
Use Pem1it/ Site Development Permit No 07 -23
615 Talmage Road
12
Page 66 of 95
MANAGEMENT PLAN TO OPERATE .
AN AUTO GAS STATION, 2,400 SQUARE FOOT MINI-MARKET AND 600 SQUARE FOOT
LEASE SPACE TO BE LOCATED AT 615 TALMAGE ROAD APN 180-070-10.
Alcohol
The items listed below are included as part of the gas station and mini-market's Planning
Commission Conditions of Approval (City File Number 07-23 UP-SDP-PC).
The following shall apply to the sale of alcohol and alcohol consumption on site.
• There shall be no consumption of alcoholic beverages on the premises.
• • Only beer and wine shall be sold and only if properly licensed by the State of California
to do so.
• No beer or malt beverage products shall be sold, regardless of container size, in
quantities of less than six per sale and only if they are contained as pre-packaged from
. the manufacturer.
• The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz. or
similar size container is prohibited. No beer or malt beverages shall be sold in quantities
of less than six per sale.
• Beer, malt beverages, and wine coolers in containers of 40 oz. or less cannot be sold by
single containers, but must be sold in manufacturer pre-packaged multi-unit quantities.
• Wine shall not be sold in bottles or containers smaller than 750 ml. and wine coolers,
beer cooler, or pre-mixed distilled sprit cocktails must be sold in manufacturer pre-
packaged multi-unit quantities.
Loitering/alcohol consumption on site /panhandling
Loitering/ panhandling and alcohol consumption on site shall not be permitted. The following
measures shall be taken: •
• If the number of police calls in any given month reaches 20 or more then uniformed
private security shall be provided by the property owner. The Ukiah Police Department
will specify the specific hours that the private security will be required.
• Signs shall be posted on the site that states no loitering and/ or panhandling per Section
6091 of the City Municipal Code. The Police Department wjll specify size and location of
the signs and will provide an example of the required wording.
• Employees will be trained in techniques to move loiters along and directed when to call
police.
• Operational security cameras and dawn to dusk lighting shall be installed on the rear
elevation of the building.
• A wrought iron fence shall be installed at the rear of the building to restrict access to the
area between the property line and the building.
1
Page 67 of 95
\
_\,_ On site Trash Collection
• On-site trash will be collected at least two times a day and deposited into the dumpster
. located within the trash enclosure. Regular on site trash collection will kept trash from
blowing around and off the site.
• Recycling cans will be placed on site to collect all recyclables. Recyclables will be
collected 2 times a week.
Safety and Security
The following security features will be implemented to deter crime and ensure the safety of the
customers and protect the surrounding properties:
• Interior and exterior operational security cameras shall be used on site.
• • Two employees shall be on-site at all times,
• The site will maintain proper exterior site lighting. The lighting plan has been reviewed
and approved by the Ukiah Police Department. There shall be no changes to approved
lighting plan without approval from Planning Department and Police Department.
• The large glass storefront windows will allow a clear line of sight into and out of the
store.
• Charge accounts will not be given to customers.
Employee Training
• Each of the employees shall be trained in established store/site security measures.
• Employees will be trained to deter crime on the site and shall know what to do in
the event of a crime and when to call Police.
• All employee training will be documented and retained in the employee's employment
file. •
• Each employee will receive a copy of this Management Plan.
Lighting
• All of the facility lights shall be clean and operational.
• All exterior lights shall be operational and the light shall not be inhibited by trees
or shrubbery. If it is determined by the Planning Department that trees or shrubbery are
inhibiting the lights then the tree or shrub shall be trimmed. No landscaping shown on
the approved landscaping plan can be removed without approval of the City Planning
Department.
Visibility
• Marketing signage shall not block clear visibility into and out of the store.
• Window displays shall be limited to a maximum four-feet in height measured from the
floor level. Signage shall not be placed on the front doors except approved Crime
Deterrence decals.
Store Operator Responsibilities
• It is the responsibility of the store operator that the site is kept safe and hazard free for
both employees and customers. •
• The site will be routinely checked for unsafe conditions that could result in an injury or
accident and necessary repairs will be completed.
• Conduct safety training for employees.
• Maintain emergency response equipment such as fire extinguishers, first aid kits,
2
Page 68 of 95
spill absorbent material, etc.
• AmPrn facility shall be clean, safe and well-lit.
Surveillance System
• Product specifications for the surveillance system and digital recoding equipment shall
be reviewed and approved by the Ukiah Police Department and the City of Ukiah
Information Technology Department prior to purchase and installation.
• Digital media shall be immediately accessible to the Ukiah Police Department and shall
be in a commonly utilized format that can be readily copied for evidence purposes.
• Digital equipment shall be maintained in such a manner that there is no lapse in ability to
continually record.
• 20" color public view monitor shall be ceiling-mounted at the entrance of store.
As the customer enters the facility, the image shall be readily seen.
• A minimum of 15" color monitor shall be placed in the back office for viewing
• and mpnitoring.
• Approved time lapse digital recording equipment.
• • 24-hour real time audio recording.·
• An approved secure cabinet will be used for recording equipment.
• A minimum of five-color video cameras with prcip~r lenses mounted in-store'):\ -
minimum of two,~~erior,_,:nounted, cameras with environmental housings to cover
operations at the'fueling islands: ·, •
• Facilities with cash-accepting PIC units must have camera coverage for each
operable side of the .unit. If a single camera cannot view both sides of a dual
unit, then additional cameras must be. installed to complete coverage.
• 13" color monitor shall be ceiling-mounted near cash register area. Monitor
must sequence the exterior camera images and must be readily viewed by
cashier.
• Interactive AudioNideo Monitoring service provided by approved vendor for 24-
hour interactive off-facility security monitoring service.
Digital Recorder Requirements
• Product specifications for the and Digital recording equipment shall be reviewed and
approved by the Ukiah Police Department and the Information Technology Department
prior to purchase and installation.
• Digital CCTV recording system: Sufficient hard drive space to support 12 color
cameras at 5½ frames per second, per camera, for 31 days.
• Audio Recording is required at the Sales Counter Area.
• An Audio Processing Kit (Louroe preferred) is required to synchronize the audio
with the video image.
• Establish and maintain a key control system for the security of the lockbox
containing the components of the surveillance and recording system.
Cash Control
• Register cash amounts shall be keep as low as possible ($250 or less).
• Frequent cash drops will be made, in an approved, secure "drop safe," or "validator
safe."
• The safe shall be located near the register so that employees do not have to leave the
cashier area when making frequent cash drops. This practice sends a message to
customers that cash is not maintained at other locations in the store and that money is
dropped in a secure location which cannot be accessed by employees.
3
Page 69 of 95
,., • Banking practices shall be varied to reduce over-the-pavement risks. This will include
variation of the bank drop hours and bank route. • -• •• • •
• For Pay Island Cashier (PIC) units, you are required to make certain that each
PIC fac;e has specific CCTV coverage and that a certified armored courier services the
vault cassettes and delivers them to your designated employee for processing.
• For PIC & CRIND units, physical inspections of the equipment four (4) times daily shall
be made to ensure that the equipment is operational and secure. Completed forms
should be kept in a binder by the registers for a minimum of one (1) year.
Contact
Property Owner Haji Alam (510) 862-3333.
This management plan is signed by the property owner to verify acceptance ·of all items
contained. A copy of the signed document shall be kept on site. •
lf.-~Clr:J
Date
4
I '.(,
Page 70 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
CITY OF UKIAH PLANNING COMMISSION
December 9, 2009 Excerpt
OTHERS PRESENT
Attachment #
COMMISSIONERS PRESENT
Judy Pruden, Chair Listed below, Respectively
Anne Melgaard, Vice Chair
Linda Helland
Linda Sanders
STAFF PRESENT COMMISSIONERS ABSENT
Kim Jordan, Senior Planner Mike Whetzel
Jennifer Faso, Associate Planner
Captain Trent Taylor, Services Commander, Ukiah Police Department
Cathy Elawadly, Recording Secretary
1. CALL TO ORDER
The regular meeting of the City of Ukiah Planning Commission was called to order by
Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
Ukiah, California.
2. ROLL CALL
Roll was taken with the results listed above.
3. PLEDGE OF ALLEGIANCE
Everyone cited the pledge of Allegiance.
4. SITE VISIT VERIFICATION
Site visit for agenda item 108 were verified.
5. APPROVAL OF MINUTES
None.
6.
None.
COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
7. APPEAL PROCESS
Chair Pruden read the appeal process. For matters heard at this meeting, the final date to appeal is
December 21, 2009.
8. VERIFICATION OF NOTICE -Agenda items 9A, 98, 10A and 108 were properly noticed in
accordance with the provisions of the Ukiah Municipal Code.
108. New BP/ARCO Gas Station and Mini-Mart Use Permit and Site Development Permit No.
07-23-UP-SDP-PC. Review and possible action on the request for approval to construct a new gas
station, 2,400 square foot mini-market, and 600 square feet of vacant commercial space at 615
Talmage Road, APN 180-070-10.
Associate Planner Faso presented the staff report for the UP and SDP for the BP ARCO gas station
and AM/PM retail store and noted the following:
• At places, the Planning Commission received two additional public comments concerning the
project that were received after the packet was prepared.
• The site has an approved liquor license from State Department of Alcohol Beverage Control
(ABC) for unrestricted sale of beer and wine.
MINUTES OF THE PLANNING COMMISSION
Page 1
December 9, 2009
!5
Page 71 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
• City Police Administration Captain Trent Taylor has reviewed the application and
recommends conditions of approval Nos. 15-21.
Commission comments/questions:
Chair Pruden: Requested clarification regarding the number of parking spaces for employees. In one
part of the report it states one employee and in another two employees.
Planner Faso: The applicant would be able to verify the number of employees per shift. Staff's
understanding is there would be two employees per shift.
Linda Helland: The State Department of Alcohol Beverage Control sets the authorized number of
alcohol licenses for every census tract based on population. The proposed project is located in
census tract 0116. According to the Santa Rosa office ABC, there are 10 allowed off-sale outlets
allowed in that census tract. There are currently 16 active licenses. So the area is oversaturated with
alcohol outlets. According to ABC, the applicant needed to get a letter of 'Public Convenience and
Necessity' from the local law enforcement agency, which according to UPD Captain, he did not issue,
as he never received the request from ABC.
UPD Captain Taylor: It is likely the Santa Rosa office ABC gave incorrect information. The alcohol
license has already been issued. The UPD was never notified by ABC allowing PD to have a say
regarding the issuance of the license wherein the license was transferred in. When ABC notifies UPD
of an impending issuance of a liquor license, UPD has 20 days to respond. In the case of the
BP/ARCO project, no notification was given so the time for UPD to respond has lapsed. Therefore, a
license was granted basically by default.
Commissioner Molgaard: Inquired as to why the UPD was not notified as is typically the procedure
is because the license was transferred rather than a new license. What might UPD have done
differently if the course did not occur as it did?
UPD Captain Taylor: ABC claims UPD was notified, but UPD never received notification. It was his
understanding until last week that the license had not been issued. He was also aware that the
license was a transfer and waited for the information to come from ABC so a response could be
made. He would have likely protested bringing the license into the City given the circumstances and
location. Since UPD no longer has an opportunity to respond, UPD imposed project conditions 15-21
placing restrictions on the sale of alcohol at the site.
Commissioner Sanders: Where was the liquor transfer from?
UPD Captain Taylor:
•
•
•
•
The license was transferred from a business located on Lake Mendocino Drive .
While the UPD does not object to the project proposed, it is the UPD's position regarding the
proposed project and application for a conditional use permit to include ·special conditions for
approval of the project that pertain to the sale of alcoholic beverages.
It is the UPD's position that the location of the proposed project has the propensity to
significantly increase the need for police response to the area to ensure public safety. If
unrestricted sales of alcoholic beverages are allowed, a significant increase in the amount of
loitering is anticipated.
UPD is concerned with security and safety issues and recommends in the project conditions
that barriers or fences be erected that will prevent persons from entering the area to the
south (behind the proposed primary structure).
Commissioner Molgaard: Referred to staff's analysis that talks about the project being consistent
with the General Plan Economic Development Goal ED-1 to support a strong local economy in that
the project will allow a new business to occupy a commercially zoned parcel that will serve the
citizens of Ukiah, and questioned how this analysis was done.
MINUTES OF THE PLANNING COMMISSION
Page2
December 9, 2009
Page 72 of 95
r
1
2 PUBLIC HEARING OPENED: 6:23 P .M.
3
4 Jonathan Ramos, Applicant's representative:
5 • Commented on the project and made note the applicant opted to have the project reviewed
6 by the Design Review Board (ORB) even though the project site is not located within the
7 boundaries of the Downtown Design District wherein review by the DRB was not required .
8 • The applicant incorporated most of the ORB recommendations into the project. Attachment 6
9 of the staff report provides the comments made by DRB concerning the design aspects of the
10 project.
11 • Parking: The DRB recommended adding more shade trees in lieu of parking. The project can
12 be made to satisfy all of the parking requirements of the zoning code by adding additional
13 spaces if this is the preference of the Commission.
14
15 Chair Pruden: The Commission will make a determination concerning the total number of parking
16 spaces required for the project. Typically, this Commission prefers less parking and more
1 7 landscaping, pedestrian access when the parking requirement appears to exceed the parking
18 demand.
19
20 Jonathan Ramos:
21 • One additional parking space could be accommodated if one of the shade trees is eliminated
22 in front of the store and striping could be provided for some parallel spaces.
23 • The proposed site layout plan, building elevations, color scheme and materials are reflective
24 of the ORB discussion and proposed changes made to the project. Color renderings of the
25 building were provided to the Commission for consideration/comments.
26 • The building consists of earth tone colors.
27 • Building design -Score lines were added to the front of the building to provide some relief
28 from the building's presentation and allow for architecturally pleasing articulation. This was a
29 ORB recommendation.
30 • Awnings were added to better complement the building design on the west blank wall and
31 east blank wall facing Hastings Road.
32 • The canopy for the fueling pumps is a standard design.
33 The landscaping proposed is extensive and the plan was completely redesigned based on
34 the ORB comments.
35 • The existing well on the site will be used to irrigate the landscaping.
36 • The ORB recommended adding Oak trees of various species rather than Chinese Pistache or
3 7 other landscaping features that were originally proposed.
38 • Energy efficient (LED) lighting is proposed under the fueling canopy.
3 9 • A bench will be provided for the project.
40 • A bicycle rack will be provided.
41
42 Chair Pruden: Understands the trellis that would have vines as an added architectural feature was a
43 problem due to the sidewalk width. She supports having an additional tree to a vine.
44
45 Jonathan Ramos: The site has constraints with regard to appropriate space to accommodate the
46 project uses as a gas station/mini-mart. The building, fuel canopy/gas pump area, parking,
4 7 landscaping were designed with the concept of 'compact' in mind so the project will have an
48 architecturally pleasing appearance and functions well for the uses.
49
50 Chair Pruden: What is the design plan for the extensive pedestrian pathway system that extends to
51 the adjacent hotel located to the west?
52
53 Jonathan Ramos: The pedestrian pathway will be striped; Due to grade constraints striping the
54 pedestrian pathways was the best approach as opposed to doing some type of texturing.
55
MINUTES OF THE PLANNING COMMISSION
Page 3
December 9, 2009
Page 73 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Chair Pruden: Requested incorporating reflective glass bead into the striped pathway areas to better
catch a pedestrian eye.
Jonathan Ramos:
• Would be amenable to incorporating reflective glass beads for safety purposes.
• Recommended adding more lighting where the fuel tanks are located for security purposes.
• Fencing will be provided as part of the project, particularly for the rear portion of the site.
Staff: The UPD will review the Lighting Plan from a security standpoint.
Chair Pruden: Agrees fencing is important because the area has a high transient population .
Commissioner Sanders:
• Asked about whether planters were still part of the plan?
• Understands the existing Oak tree is a concern for the tanker truck and the applicant would
like to see that tree removed.
• Asked about signage, plans for the monument sign that is located in the public right-of-way
and/or the pole sign for freeway advertising purposes.
• Are the Palm trees still a part of the landscape plan?
Jonathan Ramos:
•
•
•
•
No planters are part of the landscape plan .
The landscape plan has been revised to maintain the existing Oak tree. It is not the healthiest
of Oak trees and the intent was to replace the tree with a healthy tree. Staff and the ORB
would like to see this tree retained. A project condition requires an arborist ensure the safety
of the tree during construction, including assessment as to the health of the tree.
The monument sign was of interest to the applicant. However, staff has indicated an off-site
sign is prohibited and cannot be located in the public right-of-way. Also, the sign would
eventually be hidden when the street trees mature. The existing freeway pole sign was also
of interest for use. However, staff has indicated this sign does not exist at present and due to
the time that has passed, is considered abandoned and cannot be continued. Signage for the
project includes: one 17-foot main ID pylon monument sign on the Talmage Road frontage
where the Hollywood Junipers are presently located, AM/PM building sign, gas pump canopy
'spark', and unit graphics on the gas pumps.
The Palm trees are shown in the landscape plan, but are no longer part of the plan. The
intent of the ORB was to locate the Palms near the mini-mart so as to create a 'tropical zone'
in the landscape plan separate from the 'native/natural California zone' landscaping features .
Chair Pruden: Do the two Junipers located in the southwest comer of the site belong to the applicant
or to the motel? If not, precautions will have to be taken to protect these trees.
Jonathan Ramos: Is unsure whether these Junipers are on the motel property. The ORB
recommended removal of the Hollywood Juniper on the Talmage Road frontage so the monument
sign can be placed in this location.
Commissioner Helland: Requested clarification whether the issue of drainage is the reason why the
pedestrian walkway does not go directly to door?
Jonathan Ramos: The reason is due to drainage issues and the accessible ramp wherein the grade
of buildings/site is also a factor.
Commissioner Helland: Underlined the importance of providing for a bicycle rack.
Commissioner Molgaard:
MINUTES OF THE PLANNING COMMISSION
Page4
December 9, 2009
Page 74 of 95
1
2
3
4
5
6
7
8
9
. 10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
• Generally referred to the color rendering of the building and asked about the design
features/color scheme for the front portion of the building and the canopy above the fuel
pumps in terms of possibly improving the aesthetics.
• Would it be possible to replace the columns for fueling canopy with rock material to spruce up
the appearance? Are the colors for the gas station canopy a corporate standard?
• Acknowledged that while it is unlikely no modification can be made to improve the
appearance of the gas station if it is possible to modify the front of the mini-mart?
Jonathan Ramos: Would like to incorporate rock columns from an aesthetics standpoint, but due to
space constraints at the fuel pumps this would not be feasible. The application of rock material would
increase the width of the columns. The color scheme for the gas station canopy is a corporate
standard.
Commission:
• Discussed the color scheme and overall design of the AM/PM building and whether
architectural treatments/feature could be added to address the blandness of the building and
add character.
• Generally approved of the earth tone color scheme. The white portion of the building along
with the AM/PM sign as shown on the color rendering is a corporate standard.
• Specifically discussed the possibility of adding some sort of treatment to the wainscot and/or
to the 'Indian Corn' colored walls.
• Discussed various treatments, noting a tile treatment added to the wainscot, would enhance
the appearance of the building, as well as add character.
This discussion continued after the public testimony ended.
Richard Warren, Applicant's Attorney:
•
•
•
•
•
•
Confirmed the census track is 0116 .
There are 16 active alcohol beverage licenses and this project location is one of those
licenses.
The alcohol beverage license was issued on August 21, 2008 so the time period to appeal
this issuance has lapsed.
The applicant has an active on-sale beer and wine license .
He was the author of the letter objecting to the conditions proposed by the UPD and staff,
which in a later e-mail he advised staff that the objectives were withdrawn by the applicant.
Recommended one modification for consideration, which pertains to container sizes .
o As presently written, the applicant cannot sell any beer in container sizes other than in
12 and 16 ounce sizes and prohibits the sale of beer or malt beverages greater than
16 ounces. Additionally, no beer or malt beverages are to be sold in quantities of less
than six per sale.
o The applicant is asking the Commission to consider an exception for single container
sizes of 20, 22, and 24 ounces. Examples of such products were provided and
generally retail for between $4 and $5 a bottle. These single-size containers are very
popular.
o The applicant accepts prohibiting the sale of been or malt beverages in quantities of
quarts, 32 ounce size, or other large size containers.
John Johns: Supports the project, noting the location has been an eye-sore for a long time.
Mike Hildreth representing Tim Norgard, Rebecca Kraus, and himself:
• Generally supports the concept of the gas stations/mini-mart, but without the liquor
component.
• The project would definitely improve the appearance of the site.
MINUTES OF THE PLANNING COMMISSION
Page5
December 9, 2009
Page 75 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
• The area is well-known for attracting transients/homeless persons, particularly because of its
geographic location in close proximity to the Russian River and many orchards where such
persons frequent and have homeless encampments.
• Mr. Hildreth and Tim Norgard own the orchards adjacent and/or in the vicinity of the project
and express concern that the on-site sale of alcohol will further attract/encourage undesirable
persons to this location contributing more problems to property owners in the area than what
presently exists.
• Other concerns include: unwanted loitering, issues with debris/garage, creating unsafe
conditions for areas behind the building that are out of the public view for persons to hide
and/or engage in unlawful behaviors.
Gill Dye:
•
•
•
•
•
•
•
•
•
Operates the radio station located adjacent to the site to the south .
Has concern about security issues with regard to vandalism and safety to persons
working/visiting in the area, advising of issues already occurring on the radio station
property. Some of the problems include people coming and going at all hours of the day,
sleeping on the premises on the radio station property, littering, activities related to alcohol
consumption and/or other nuisance issues.
Is concerned of the likelihood that alcohol consumption on or near the premises will occur
resulting in criminal behavior and activity which will increase the attraction to loiter in the
area or on the premises.
Has concern about littering on adjacent properties .
There six or seven places where a person can purchase alcohol on a one-mile track of the
Talmage area.
The City has approximately 18 gas station/convenience stores in the City limits. Invites
owners of gas station/convenience stores to be more community oriented by joining the
Ukiah Chambers of Commerce and/or other service clubs that contribute to the well-being of
the community.
Agrees there should be some restrictions regarding the sale of alcohol on this site; Beer,
malt beverages, and wine coolers should not be sold by single containers. The intent should
to sell in quantity. One of the project conditions with regard to alcohol sales is that no beer
or malt beverages shall be sold as singles.
Is hopeful the property owner will be a good neighbor and do his part to assist other
property owners in the area with problems/issues that could occur as a result of the project.
UPD has been very good about patrolling the area and responding to calls from the radio
station. The radio station has been burglarized twice. People have been known to live in the
existing old gas station structure, which will stop with the new business. UPD will certainly
have to patrol behind the building (south side) so it is likely the number of patrols will
increase.
• With the potential for negative activities related to alcohol consumption, it becomes more
difficult for neighboring property owners to secure their property. Fencing may not be an
option because the property has a parking lot or some other type of facility where certain
security measures are not an option.
Rich Martin: Has lived in the community since 1976 and supports the project. It has been an eye
sore for years. It is a good location for a gas station/mini-mart. There is no real solution for the
homeless problems in the area and is of the opinion the project will not create a bigger problem. The
project will also not make the homeless problem go away. The building with its lighting features will
make one less place for the homeless to sleep.
Ben Coller: Has lived in the community since 1965. Concurs with Mr. Martin's comments. Believes
the project will improve the appearance of the area. The gas station will be convenient since other
gas stations on S. State and Talmage are typically congested as is the gas station located at the
Talmage Store. He is hopeful the gas station will sell diesel fuel. The project is a good use for the site.
MINUTES OF THE PLANNING COMMISSION
Page6
December 9, 2009
Page 76 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
r r
Jerry Pool: Has noticed over time an increase in the number of transients in the area, including the
number of teenagers that trespass on private property or access the Russian River. A working gas
station and convenience store might reduce some of the problems in the area and/or resolve itself.
He supports approval of the project.
Glenn Jensen: Has resided in Ukiah all of his life. The area is dark and it will be nice to a business
on the site and the associated lighting. He supports approval.
Dave Hull: Is the owner of an insurance business next door to one of the applicant's other gas
station/mini-marts on E. Gobbi Street and stated this area also has problems with transients and
homeless persons. The mini-mart does attract a certain clientele of transients/homeless persons that
have caused a multitude of problems for his business. He had to take certain security measures to
discourage/prevent people from trespassing, littering and vandalizing his property. After consulting
with the applicant about the ongoing nuisance issues and/or other problems related to people being
attracted to the convenience store, the applicant took measures to change some of his business
practices when dealing with the transient/homeless population, which has resulted in fewer incidents
and/or problems for Mr. Hull. He is of the opinion the applicant will operate his new store in much the
same way and be a good neighbor. He supports approval of the project.
Brian Martella: The project is appropriate for the area, particularly with its location in close proximity
to the freeway. He supports approval of the project.
Ruth Vananthrep: Is a teacher at Grace Hudson Elementary School. She has lost all respect for the
California Alcoholic Beverage Control Board and the PS Board because they have authorized 'type
20' alcohol licensing within 300 feet of the school. There is a moratorium on type 20 alcohol licenses
in Mendocino County in effect for five years so in order for the applicant to secure a license he must
have gone through the Mendocino County Sheriffs Department and asked for a Memorandum of
Public Necessity and Convenience. It is her understanding that the Sheriffs office asks little or no
questions. She encourages the Planning Commission to find out how many of these memorandums
have been written by the Sheriffs office during the time of this moratorium, which was placed in 2005.
While she does not typically shop at convenience stores, she has noticed that drug paraphernalia is
being sold. It is her understanding that if convenience stores sell alcohol, they cannot sell drug
paraphernalia. They are many stores in Ukiah where both are sold. It would be nice, if this community
would start following the laws.
Richard Labough, BP/ARCO franchise representative:
•
•
•
•
•
•
•
•
The project being reviewed tonight has been five years in development planning .
Every ARCO building constructed is thoroughly evaluated .
Is familiar with transient/homeless population problems in cities in connection with
convenience stores. The problem may be slightly different in larger cities than in rural
communities.
As a general rule, if communities want people to behave better, they have to know they are
being viewed. To ensure people are aware of being viewed, all ARCO stores have: large
clear glass storefronts and security cameras and monitors. This site would have seven
security cameras.
ARCO conducts lighting studies. The type of lighting system used for safety and security
purposes will not be evasive to the adjoining properties.
It is very difficult for ARCO gas stations to make a profit so all other sales, including the sale
of alcohol in single containers is important in order to keep the business profitable. The sale
of gasoline does not produce a very large profit margin. There is a very low profit margin for
ARCO gas stations, since they essentially set the gas prices.
ARCO is one of the few gas stations that use a cash machine, which is another profit
component. ARCO accepts only debit cards and cash and does not accept credit cards.
If too many potential profit-making fundamentals are eliminated from a particular site, this site
may not 'pencil out' in today's economy.
MINUTES OF THE PLANNING COMMISSION
Page 7
December 9, 2009
Page 77 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
• ARCO does look at all community concerns for their projects.
• Is of the opinion that with the conditions imposed for the sale of alcohol, including the
recommended exception made by the applicant, the project should be safe and lucrative.
Anna Hernandez: Fully supports approval of the project. The development will be an improvement
to the area. Having a gas station in this location will be very convenient.
Meredith Rinehardt, Senior Program Specialist for Mendocino County Health and Human Services:
•
•
•
•
Coordinates State and federal grants that provide educational programs for youth in the area
of alcohol and drug prevention.
Provided the Commission with information about a recent study conducted by a non-profit
organization called the Marin Institute that is an alcohol industry watchdog. This organization
recently released a study about the cost of alcohol in California. California is the largest
alcohol market in the US with beer representing almost 80% of those sales.
The information addresses crime data related to alcohol consumption to include violence and
crime, domestic violence and sexual assault, alcohol-related collisions, underage drinking,
economic decline and the need to limit/decrease the number of alcohol outlets in
neighborhoods.
Does not support the sale of alcohol component for the project.
W. Flores, Ukiah High School Student: Supports the project without the sale of alcohol component.
She is not supportive of liquor stores in neighborhoods because of the behavioral problems that can
result from alcohol consumption.
Charley Seltzer, Works for the County of Mendocino in the field of drug and alcohol prevention
services and is the prevention administrator:
•
•
•
•
Addressed the State Department of Alcohol and Beverage Control and stated the ABC sets
limits on the number of alcohol establishments that can sell alcohol, on and off sites.
The limits are based on population in census tracts. The City should have seven on sale
alcohol outlets, which means establishments were people can consume alcohol on-site. The
City has nine times this number for a total of 66 outlets. The ABC sets a rule that Ukiah can
have seven on-site outlets, but approves 66 of them. Off-sale means a person can purchase
alcohol but consume it elsewhere. Ukiah should have 12 establishments but has 43 and/or
four times the number. Ukiah is supersaturated with places to purchase alcohol.
Approves of the project without the sale of the alcohol component. It is unfortunate ARCO
has to sell alcohol in order to make a profit to stay in business.
Communities that have a supersaturated alcohol density, also have other conditions that go
along with the increase in availability of alcohol. He provided some statistics to emphasize his
point.
Joseph Denson: Likes the project. On the topic of selling singles in 22 and 24 oz. containers, it
would be nice to have this option because when he purchases beer, he does not necessarily want a
six pack. He may just want one beer as opposed to six and/or a 24 oz. bottle, which is the equivalent
of two beers. Further restricting the sale of alcohol may put the business at a competitive
disadvantage compared to other places that have off-sale liquor licenses.
Dennis Thygesen: Wrote a letter in support of the project, noting it looks like a winner for the City of
Ukiah, the developer, owner, and public.
PUBLIC HEARING CLOSED: 7:22 P .M.
Commissioner Helland: Asked UPD Captain Taylor to describe potential impacts if the project were
approved as proposed.
MINUTES OF THE PLANNING COMMISSION
Page8
December 9, 2009
Page 78 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
r r
Commissioner Molgaad: Other than the surveillance equipment/monitors to make it obvious people
are in view, are there other ways to address loitering and littering.
Commissioner Sanders: If the applicant intends to sell drug paraphernalia there should be a project
condition against this type of sale.
UPD Captain Taylor:
•
•
•
•
•
•
•
•
•
•
•
Was surprised to hear of the changes made to the business practices at the E. Gobbi Street
gas station/mini-mart, resulting in a reduction of impacts to surrounding property owners and
the problems with transients/homeless in connection with the convenience store. The UPD
has had many calls to respond to this establishment. The number of calls for response by the
UPD has been reduced .. UPD has met with Dave Hull, Mr. Haji Alam, and Richard Seltzer
concerning possible solutions to the problems that occur at the E. Gobbi convenience store
and to neighboring property owners. The property owners did implement some mitigation
measures to address loitering, trespass, vandalism, littering, and other nuisance impacts
occurring from the transient population that linger in the area.
If the project is heavily controlled by the applicant and the franchise company, the project
could be less of a problem.
The sale of single alcohol containers will be a problem and this is a concern because of the
transient clientele that will purchase it and consume it nearby or on the premises and then
possibly get into some kind of situation/confrontation requiring services from UPD. There are
plenty of outlets in the City that sell single containers of alcohol. Selling single containers is
the cheapest way to sell alcohol.
He opposes the sale of alcohol in single containers. He also would have opposed the alcohol
license to begin with because of the location and problems that occur in the neighborhood.
He does support the development and the improvements that will be made to the site .
Issues of loitering and littering:
Does not support having a bench in front of the store because this would encourage
loitering and/or a place for people to 'hang-out.'
The building design and layout is good. It is a good idea to enclose the back of the building
because this would be less visible to UPD when they patrol the area.
Likes the surveillance camera in view to remind people they are being observed. The use of
cameras is a deterrent, but not a complete deterrent.
Safeway has a security guard on duty and this has been helpful to discourage theft and
loitering.
Drug paraphernalia -The City has an Ordinance in place that prohibits 'certain things.' The
problem is that some of the items associated with drug use is also associated with the use of
tobacco, which may or may not be considered drug paraphernalia and so there are some
'loopholes.' Drug paraphernalia is typically sold is in a privately-owned, non-franchise
business rather than a convenience store that is corporate.
Is of the opinion there is no need to condition the project against the sale of drug
paraphernalia. The Commission could ask the applicant if he plans to sell drug paraphernalia.
Planning Staff: Applicants are required to comply with all City codes. Even though there may be a
City Ordinance that pertains to and regulates a particular aspect of a project, the project conditions
can also address it as a reminder. If the Commission decides to specifically condition this project
addressing the sale of drug paraphernalia by referencing the Ordinance in the conditions, this would
be acceptable.
Commissioner Molgaard:
• The project does not look like "Ukiah." As designed, the project essentially has no real
character/connection to the community and without this component, it becomes just another
building that people are not protective of. The design statement communicates the feeling of
the project just being an 'ARCO' building when it should express the feeling of 'ARCO and
Ukiah' because this is what will help increase business, as well increase the community's
MINUTES OF THE PLANNING COMMISSION
Page9
December 9, 2009
Page 79 of 95
1 'collective wealth.' What can be done to improve the 'flavor' of the building to make it more
2 appealing/aesthetically pleasing and a better fit for the community? Should a rock treatment
3 be added to the columns for the gas station or an overall change in the color scheme to the
4 building to provide/improve that sense of character necessary in order for the community to
5 really care about exists at this site.
6 • How the building presents itself is very important.
7 • Does not agree the project, as designed, fully meets General Plan, Community Design Goal
8 CD-7 that the project improves the appearance of the area gateways since the site is located
9 at one of the City's identified gateways that provides a first impression to visitors and
10 residents to the City of Ukiah.
11
12 Planning Staff: What would the Commission like to change? Does the Commission like the form?
13 Colors? Materials? Details? If not, this is the time to discuss possible design changes with the
14 applicant and owner.
15
16 Commissioner Molgaard: Personally has some problems with the form, but as a Commissioner is
17 attentive since the form has progressed this far with staff's assistance. Would like to somehow
18 improve the aesthetics in order to create a more pleasing appearance the community can be proud
19 of.
20
21 Commissioner Sanders: Pointed out the Commission is more frequently reviewing projects that
22 involve corporations that usually require a specific design/footprint for compliance with the corporate
23 standards. This might be a topic for future discussion, but does not support taking this approach for
24 th is project.
25
26 Chair Pruden: The proposed ARCO project is a much better looking box-like building than ARCO
27 projects in other communities. The color is more attractive and she likes the awning component and
28 landscaping plan.
29
30 Commissioner Molgaard:
31 • All projects whether a corporate product, a box-like structure and/or of some other
32 form/condition should be designed with the best and highest aspirations in mind. This project
33 does not make this statement. It is also important for the owner to be part of the community
34 and for the community/decision makers to approve of the design. Local support is highly
3 5 important.
36 • Likes the rock treatment on the pillars/columns for the Willits Safeway store and is very
37 effective aesthetically. Can this be done here?
38
39 Chair Pruden: While the rock treatment would look very nice, the gas station has spacing issues so it
40 was designed such that the footprint would fit the site in order to accommodate the use.
41
42 Commission: Generally agreed that from a site development perspective, the most of the design
43 features correspond with the use as a gas station/retail store, noting the applicant has modified the
44 design at the recommendation of the ORB and has provided for pedestrian friendly pathways and will
45 nicely landscape the site. It may be that if the location were different, the Commission would make
46 some design changes to make the building more aesthetically pleasing.
47
48 Commissioner Molgaard: The building is nowhere where it could be in terms of design and the
49 community will be looking at it for a long time. Specifically, the columns/islands for the gas station
50 could be improved and some sort of finish/treatment could be added to the front of building to build in
51 some character.
52
53 Planning Staff: The Commission could ask the applicant to consider alternative design features to
54 address Commissioner Molgaard's concern that the building needs to be a better fit for Ukiah.
55
56 PUBLIC HEARING RE-OPENED: 7:45 P .M.
MINUTES OF THE PLANNING COMMISSION
Page 10
December 9, 2009
Page 80 of 95
1
2 Jonathan Ramos: Columns to the gas station -Very limited as to what can be done about the
3 design due to space constraints to accommodate the use as a gas station.
4
5 Commissioner Molgaard: Asked if some type of treatment could be applied as a wainscot ?
6
7 Chair Pruden: Asked if Commissioner Melgaard would agree to some type of tile/masonary
8 treatment for the wainscot?
9
10 Commissioner Molgaard: Agreed this would be a good approach. She is looking for some type of
11 treatment/material to improve the appearance.
12
13 Jonathan Ramos: Treatment to the front of the building. The franchisee representative has agreed it
14 would be acceptable to add some slate material/tile wainscoting that matches the proposed color
15 palate.
16
17 Commissioner Molgaard: Likes the idea of adding tile or slate wainscoting. Asked about the fueling
18 canopy and whether any type of design can be done to better coordinate it with the building.
19
20 Jonathan Ramos: The ARCO canopy/gas sales facility is a separate 'profit-making center' from the
21 AM/PM retail store. The intent is to keep the two operations separate as well as identified separately
22 aesthetically as they are and have separate corporate identities.
23
24 PUBLIC HEARING CLOSED: 7:52 PM.
25
26 The Commission/applicant discussed other possible design changes to the retail store and/or
27 possible landscaping features to complement/enhance the design.
28
29
30 Commission consensus with regard to design for Site Development Permit component:
31
32 • Add tile/slate treatment to building wainscot.
33 • Add stone or other treatment to the supports for the canopy if feasible.
34
35 The Commission also continued their discussion concerning the use permit:
36 • The use of the gas station is acceptable.
3 7 • The mini-market is acceptable.
38 • The liquor sales as part of the mini-mart presents a problem.
39 • The Commission appreciates UPD Captain Taylor attending the meeting and answering
40 questions and the including conditions related to the sale of alcohol.
41 • Is the mini-mart use appropriate for the location?
42
43 Commissioner Molgaard:
44 • Referred to staff analysis/Use Permit findings 1 D regarding General Plan finding that the
45 project is consistent with Economic Development Goal ED-1 'to support a strong local
46 economy' in that the project will allow a new business to occupy a commercially zoned
47 parcel that will serve the citizens of Ukiah and the Ukiah Valley. The project also supports a
48 strong local economy by cleaning up and developing a site that has become degraded and
49 has the potential to become an attractive nuisance. The development of the site will enhance
50 the area by constructing a commercial new building, the facilities necessary for the gas
51 station, and installing onsite landscaping and street trees. This has the potential to
52 encourage improvements to other properties and buildings in the area.'
53 • This might be a bigger discussion than can or should be addressed tonight.
54 • In general how should the above-referenced Economic Development Goal be applied to this
55 project? Does it matter if the business is locally owned, locally franchised, what the
MINUTES OF THE PLANNING COMMISSION
Page 11
December 9, 2009
Page 81 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
prevailing wage is, what is the cost of alcohol and/or other relevant factors to justify
promoting economic development and are these factors considered ?
Planning Staff: Regarding consistency with General Plan Economic Development Goal ED-1, in this
case, staff considered the increase in property tax and sales tax that would be generated by the
project.
Commissioner Molgaard:
• Economic Development Goal ED-1, concluded she does not have a problem with lines 39
through 47 of the draft use permit findings. Staff looks at this goal from a different perspective
from her understanding, which from this standpoint is acceptable.
• Does not agree with subsection 1 D: The project site is located at one of the City's identified
gateways and provides a first impression to visitors and residents to the City of Ukiah.
Currently the site contains a vacant building. This project would clean up the parcel hence
presenting an attractive introduction to the City and supporting Community Design Goal CD-7
to Improve the appearance of the are gateways. Does not agree the project improves the
design of the gateway. This is a separate issue from economic development.
• Recommended revisiting staff's definition of economic development in order to look beyond
this definition to include other factors such as the circulation of tax dollars correlated to wages
paid and profits made and where this gets invested because this can even be more valuable
than the business and sales tax. This is not a topic of discussion for tonight's project.
Commissioner Helland: Provided the Commission with information/statistics regarding the harm
caused by alcohol consumption.
PUBLIC HEARING RE-OPENED: 8:08 PM.
John Mccowen:
•
•
•
•
•
•
•
•
•
•
Is familiar with the area where the project is located .
The area where the store is located encompasses open space in association with the
Russian River and many orchards that draws the attention of the homeless and transient
population contributing to a wide variety of problems.
The location of the store will exacerbate the problems with the sale of alcohol.
While there are other commercial uses in the immediate area, the site does abut an orchard .
Orchards and the Russian River region are difficult to patrol so people live in the orchards
and on the River banks.
Consumption of alcohol and living in orchards is not a good combination. This type of
behavior should not to be encouraged.
Cited a near tragedy that occurred in Mr. Hildred's orchard when a ranch employee nearly
ran over a person sleeping in the orchard with a tractor. The man was likely sleeping off
alcohol consumed and did not hear the tractor.
The restrictions for the sale of alcohol by UPD Captain Taylor are very appropriate .
Secure fencing around the perimeter of the site is very important, particularly on the south
and west sides of the property to provide some security measures for the neighboring
businesses, as well as on the east side to make it more difficult to access the orchard.
The project will result in a lot more litter in the area. It would not be unreasonable for the
applicant to assume some responsibility for keeping the area clean of litter.
PUBLIC HEARING CLOSED: 8:14 PM.
The Commission continued discussion concerning the use permit findings and whether the use permit
is appropriate for the proposed location and the business a good fit. With the exception of the alcohol
component is the gas station and mini-mart an appropriate use for the area?
MINUTES OF THE PLANNING COMMISSION
Page 12
December 9, 2009
Page 82 of 95
1
2 Commissioner Helland: Okay with the gas station and mini-mart use. Would not support approval of
3 the project because the outlet is allowed to sell alcohol. She cited some of the behavioral and health
4 problems linked with alcohol consumption. Among the problems relevant to sale of alcohol is crime.
5
6 Commissioner Sanders: The gas station/mini-mart is an appropriate use. Supports UPD Captain
7 Taylor's conditions restricting the sale of alcohol. Has concerns about the degree of debris and
8 garbage that will result from the products being sold from the mini-mart. Would like to see a sufficient
9 number of recycling containers and garbage receptacles for the products that will be sold. Supports a
10 project imposing a condition to address trash/debris that would result from the business. Is pleased
11 the applicant intends to be a good neighbor by helping with nuisance issues and other types of
12 problems.
13
14 Chair Pruden: Can the Commission require a Management Plan detailing what the applicant will do
15 with regard to trash and litter?
16
1 7 Planning Staff: The Commission can require a Management Plan dealing with on-site activities. Off-
18 site is a little more difficult because of the public right-of-way and private properties where the
19 applicant has no right of access and could be considered to be trespassing. The project conditions
20 can require a Management Plan to address debris/trash containers on-site and details about the
21 operation as a gas station and retail outlet. The project can also be conditioned to require the
22 applicant work closely with the neighbors to address off-site nuisance issues, such as clean-up of
23 trash/debris. Recommends asking the applicant what he is willing to do about trash/debris clean-
24 up/improvements in the area.
25
26 Chair Pruden: The Management Plan is probably a good idea even though the applicant is willing to
27 do what he can to be a good neighbor. The question is such a Plan really necessary since the
28 applicant is willing to do what he can as a good neighbor. The applicant cannot be conditioned to go
29 on private properties to conduct clean-up efforts. The issue is really about the type of clientele that
30 trespass in the orchards and/or other neighboring private properties.
31
32 Planning Staff: Recommends requiring the applicant provide a Management Plan that specifically
33 addresses debris/litter and/or other on-site issues and that this Plan be required prior to Building
34 Permit approval and subject to staff/Planning Commission approval. The Plan can also provide
35 provisions that the applicant work with neighboring property owners concerning off-site issues. In
36 order to require the applicant to work with the neighbors and comply with the plan, the plan would
3 7 have to be a condition of approval.
38
39 Commissioner Sanders: A responsible business wants to work with the neighbors. The applicant
40 has demonstrated his desire to be a good neighbor by working with Mr. Hull about nuisance issues at
41 his E. Gobbi Street gas station/mini-mart. The Commission can require trash receptacles and
42 recycling containers on the site. Concerns about the trash/debris issue can be handled by staff when
43 the Building Permit is issued. It would be perfectly acceptable for staff to review the Management
44 Plan.
45
46 Commission: There was discussion about the Management Plan and the concern for the applicant
4 7 being a good neighbor.
48
49 Planning Staff: Addressed the project condition related to potential off-site issues and being a good
50 neighbor. It could be part of the Building Permit plan process, the applicant would have to provide
51 documentation that an 'out-reach' has been made to the neighboring property owners even if it is as
52 simple as a letter specifying the conditions were the result of concerns raised by the Planning
53 Commission. It may be there is no solution, but at least the out-reach was made to the neighbors.
54
55 PUBLIC HEARING RE-OPENED: 8:27 PM.
56
MINUTES OF THE PLANNING COMMISSION
Page 13
December 9, 2009
Page 83 of 95
1 Chair Pruden: Asked what the applicant offers to do about the problems in the area that have to do
2 with the homeless/transient population, since his business will draw attention to this sector of the
3 population. The business and orchard owners also have to make a living.
4
5 Haji Alam: He cannot control whether or not people purchase alcohol and/or whether or not they go
6 to the neighboring orchard to drink it. His E. Gobbi/Leslie Street mini-mart also drew the attention of
7 the homeless/transient population, which created problems for his store and neighboring businesses.
8 As a result, he set rules and policies for the transient population by changing some of his business
9 practices. While there is no real solution, the action taken did reduce the number of incidents to City
10 police and issues at this gas station/mini-mart. As a business owner, he understands his duties of
11 responsibility. For instance, it is his responsibility not to sell alcohol to a minor or sell to a person that
12 is clearly intoxicated. He reserves the right to refuse a patron. He is willing to work with the neighbors
13 on any number of issues that could arise.
14
15 Commission: Discussed that a use permit can be revoked if is there are violation(s) of the project
16 conditions of approval. There was additional discussion concerning the contents of a Management
17 Plan. Can the Management Plan effectively address crime?
18
19 Chair Pruden: Stores that operate 24-hours have a different type of clientele depending on the time
20 of day.
21
22 UPD Captain Taylor: Hiring private security is one way to address crime. This has been highly
23 effective at the Safeway store, which has definitely had an impact on the type of behaviors that occur.
24
25 Commissioner Molgaard: It is difficult to be specific with regard to a Management Plan. For
26 instance, does one say if there is 'X' number of police calls, then private security is necessary. At
27 what point does a Management Plan become a judgment call?
28
29 Planning Staff: Based on the comments made so far, there is already a good basis for a
30 Management Plan. Recommended incorporating some of the comments/suggestions expressed
31 tonight along with some of the ARCO's standard business practices related to lighting, clear glass
32 storefronts, and security cameras into a Management Plan for review by Captain Taylor and the
33 Planning Commission.
34
35 Commission: Discussed the matter of constructing additional fencing and asked if the adjacent hotel
36 would be willing to share the cost of five feet more of fencing to the applicant's property line so there
3 7 would be no access between the hotel and mini-mart.
38
39 Hagi Alam: The hotel and mini-mart are at different grade levels. It may not be attractive to construct
40 fencing on properties having grade differentials whereby the two fences would not complement one
41 another. The mini-mart will be open 24-hours so the lighting and other security measures would be
4 2 sufficient as a deterrent.
43
44 Commissioner Molgaard: Supports that the issue of dealing with graffiti be addressed in the
45 Management Plan. The matter of graffiti and abatement measures can be addressed in a
46 management letter to the neighbors.
47
48 UPD Captain Taylor: The City does not currently have an ordinance that addresses graffiti that
49 requires the property owner to take some type of action.
50
51 Commissioner Molgaard: Asked about hours for the selling of alcohol.
52
53 Rick Warren: The hours are dictated by law.
54
55 Chair Pruden: The applicant has the right to stop selling liquor when he desires.
56
MINUTES OF THE PLANNING COMMISSION
Page 14
December 9, 2009
Page 84 of 95
r r
1 Staff: The applicant could voluntarily agree to a condition of approval that limits the hours to sell
2 alcohol.
3
4 Commissioner Molgaard: Recalled another gas station/mini-mart project on E. Perkins where the
5 hours of operation were restricted.
6
7 It was noted the hours of operation were restricted in this case due to potential light impacts to the
8 neighborhood. The proposed project will be open 24-hours so there is essentially no 'hours of
9 operation' to regulate.
10
11 Staff: The question is whether the City or Planning Commission has the authority to interfere with
12 State law requirements related to alcohol and hours of sale for alcohol. This is a question for an
13 attorney.
14
15 Haji Alam: Alcohol cannot be sold 24n. Alcohol can only be sold during certain hours. He can refuse
16 a patron. He must conform to State law with regard to the sale of alcohol. His permit can be revoked
1 7 for violations.
18
19 Commissioner Molgaard: The time of day that likely causes alcohol-related vehicular accidents is
20 probably between 12 midnight and 2:00 a.m.
21
22 Commissioner Helland: Local government should have the authority to protect the health, safety
23 and welfare of its citizens.
24
25 Staff: If City Council as the elected officials decided to adopt an ordinance controlling alcohol or the
26 sale of alcohol in some way, this would then be a policy decision. The purpose of tonight's meeting is
27 discretionary review of a SDP and UP wherein the concern about alcohol and the sale of alcohol
28 would be singling out this particular project for special hours when the City/Planning Commission may
29 not have any authority in this regard.
30
31 Commissioner Molgaard: Recommended at some point looking at other city ordinances that in
32 some legal way restricts alcohol and/or sale of alcohol for projects that will not automatically get
33 appealed and takes into consideration the health, safety/welfare and crime element associated with
34 the use.
35
36 PUBLIC HEARING CLOSED: 8:36 PM.
37
38 Commissioner Helland: Supports the Use Permit with drastic reductions in alcohol sales.
39
40 Commissioner Sanders: Supports the Use Permit and Management Plan to be formulated for later
41 review by the Planning Commission.
42
43 Commissioner Molgaard: Supports the Use Permit/Management Plan with better understanding of
44 the recommended restrictions of the alcohol sales. (Conditions 13 and 14 have some redundancies).
45
46 UPD Captain Taylor: This is the language that ABC uses to restrict licenses.
47
48 Chair Pruden: Has concerns about the alcohol component of the project, otherwise supports project.
49
50 Commission Consensus:
51
52 1. Use Permit Findings -No Change;
53 2. Site Development Findings -Finding No. 1 to read the same as Finding 1 D for the use permit;
54 3. Use Permit and Site Development Permit Conditions of Approval -Changes: Based on discussion
55 above the Commission added new conditions (Nos. 11 through 14) as follows:
56
MINUTES OF THE PLANNING COMMISSION
Page 15
December 9, 2009
Page 85 of 95
1 11. Plans submitted for building permit shall include the following and are subject to staff review and
2 approval:
3
4 A. A revised landscaping plan that includes the removal of the palm trees.
5 B. Location of protective tree fencing for the existing trees located on the adjacent motel property to
6 ensure that construction of the project does not result in damage to these off-site trees. Protective
7 tree fencing shall be metal, a minimum of 5-feet in height, and secured with in-ground posts and
8 located 5-feet outside of the dripline of the trees to be protected.
9 C. Slate or tile wainscot treatment shall be added to the building. This same treatment shall be used
10 on the support columns for the canopy.
11 D. Notes on the site plan that indicate reflective paint will be used to illuminate the pedestrian path the
12 runs through the parking area.
13
14 12. A Store Management Plan shall be submitted for review and approval by the Planning Department and
15 Police Department prior to issuance of the building permit. At a minimum, the Management Plan shall
16 include the following elements.
17
18 A. How collection of onsite trash and recycling will be handled in order to control onsite and offsite
19 litter.
20 B. How the property owner will work with adjacent neighbors to minimize any negative effect the
21 operation of the business may have on the neighboring properties.
22 C. Documentation that the owner has contacted neighboring property owners in order to work out a
23 plan to address any impacts that may result from the project shall be submitted to staff as part of
24 the Store Management Plan.
25 D. Identify the specific security features that will be in place to minimize loitering and to ensure the
26 safety of the customers and surrounding properties , including those specifically identified at the
27 public hearing including the use of interior and exterior security cameras, two employees onsite at
28 any time, exterior site lighting, large clear glass storefront to provide "eyes on the street" and no
29 charge accounts for customers.
30 E. Based on information from the Police Department, a threshold for the number of calls shall be
31 established that will trigger the requirement to provide onsite security personnel. All expenses
32 associated with providing security personnel are the responsibility of the owner.
33
34 If staff and the applicant/property owner cannot reach agreement on the Store Management Plan, the
3 5 management plan shall return to Planning Commission for review and approval.
36
3 7 13. The Final Lighting Plan required in condition #5 above is required to be reviewed and approved by the
3 8 Police Department.
39
40 14. If it is determined by the arborist report that the tree is not healthy and/or is unable to withstand
41 construction impacts then the tree shall be replaced with 25 gallon size live oak in the general location
42 and sited to ensure the long-term health of the tree (such as avoiding impacts related to truck and
43 vehicle traffic and reducing the amount of impervious surface that encroaches into the dripline of the
44 tree .
45
46 Note: Conditions from the Ukiah Police Department-(re-numbered 15 through 21 ). Former Condition
47 of Approval No. 14 renumber to 18 modified to read: 'The sale of beer or malt beverages in quantities
48 of quarts, 22 oz., 32 oz., 40 oz. or similar size container is prohibited. No beer or malt beverages shall
49 be sold in quantities of less than six per sale.'
50
51 M/S Sanders/Pruden to approve BP/ARCO Gas Station and Mini-Mart Use Permit and Site
52 Development Permit No. 07-23-UP-SDP-PC with Use Permit Findings 1-3, Site Development Permit
53 Findings 1-11 and Use Permit/Site Development Permit Conditions of Approval 1-34 with the
54 changes/additions to the project conditions made above to reflect Commission discussion. Motion
5 5 carried with the following roll call vote:
56
57 A YES: Commissioner Sander, Commissioner Molgaard, Chair Pruden
58 NOES: Commissioner Helland
59 ABSENT: Commissioner Whetzel
60
MINUTES OF THE PLANNING COMMISSION
Page 16
December 9, 2009
Page 86 of 95
r r
1 Staff added a condition from the Ukiah Valley Sanitation District (No. 26).
2
3 USE PERMIT FINDINGS TO ALLOW A AUTO GAS STATION, 2,400 SQUARE FOOT MINl-
4 MARKET AND 600 SQUARE FOOT LEASE SPACE TO BE LOCATED AT 615 TALMAGE ROAD
5 APN 180-070-10.
6
7 The following findings are supported by and based on information contained in this staff report, the
8 application materials, project plans, and documentation, and the public record.
9
10 1. The proposed land use, as conditioned, is consistent with the provisions of the zoning
11 code as well as the goals and policies of the City General Plan for the following reasons.
12
13 A The project site is zoned Community Commercial (C1 ). The gas station and mini-market are
14 permitted uses in the C1 zoning district with approval of a use permit.
15
16 B. The project meets the intent of the C1 zoning district in that the auto gas station and mini-
17 market will provide commercial opportunities on a primary transportation corridor within tt,e
18 City. The project has frontage on and access from Talmage Road which is identified as an
19 Arterial roadway.
20
21 . C. The following unique circumstances specific to the proposed use allow for a lower demand for
22 parking.
23
24 • Many customers of gas station will visit the mini-market while the vehicle is at the gas
25 pump.
26 • Customers of the mini-market have a fast tum over allowing for parking space
27 availability.
28 • Only two employee parking spaces are needed for employees based on the project
29 description.
30 • Some customers will travel to the mini-market via foot or bicycle.
31 • Additional parking needed for the vacant commercial space would be addressed as
32 part of evaluation of proposed use.
33
34 D. The General Plan land use designation of the project site is Commercial (C). This land use
35 designation is intended to allow for a variety of commercial uses in areas that are served by
36 publicly-maintained roads and in areas with anticipated growth. Examples of allowable uses
37 include retail, service business, general commercial, public facilities, places of public
38 assembly, parking lots and residential uses. The proposed gas station and mini-market are
39 consistent with the uses intended for the Commercial land use designation.
40
41 The project is consistent with Economic Development Goal ED-1 to support a strong local
42 economy in that the· project will allow a new business(es) to occupy a commercially zoned
43 parcel that will serve the citizens of Ukiah and the Ukiah Valley, furthermore the re-use and
44 development of the project site will generate additional property tax and sales tax for the City.
45 The project also supports a strong local economy by cleaning up and developing a site that
46 has become degraded and has the potential to become an attractive nuisance. The
4 7 development of the site will enhance the area by constructing a new commercial building, the
48 facilities necessary for the gas station, and installing onsite and right-of-way landscaping and
49 street trees. This has the potential to encourage improvements to other properties and
50 buildings in the area.
51
52 The project site is located on one of the City's identified gateways and provides a first
53 impression to visitors and residents to the City of Ukiah. Currently the site contains a vacant
54 building. As noted above, this project would clean up the parcel hence presenting an
55 attractive introduction to the City and supporting Community Design Goal CD-7 to Improve
56 the appearance of the area gateways.
MINUTES OF THE PLANNING COMMISSION
Page 17
December 9, 2009
Page 87 of 95
1
2 2. The proposed land use, as conditioned, is compatible with surrounding land uses in that the
3 project site is located within an existing commercial corridor and is surrounded by commercial
4 uses (motel, offices, and an auto repair business) and that the project site has been used as an
5 auto repair business in the past.
6
7 3. The proposed land use shall not be detrimental to the public's health, safety and general welfare
8 for the following reasons:
9
10 A Alcoholic Beverage Control has issued a license for the sale of wine and beer for this site.
11
12 B. The project was reviewed by the Police Department. The comments from the Police
13 Department indicate that the project would not be detrimental to the public, heath, safety and
14 welfare if the appropriate conditions are applied to the project which would address the
15 following concerns raised by the Police Department (see conditions 13-19).
16
17 Based on Police Department experience with similar businesses that sell beer and wine,
18 businesses that sell single containers of beer and wine and any high alcohol content "malt
19 liquor/flavored malt liquor'' have the ability to increase the likelihood that alcohol consumption
20 would occur on or near the premises. This has the ability to increase loitering and the
21 propensity for criminal behavior increasing the need for police response.
22
23 The project site has no other retail establishments in close proximity making the site less
24 visible to the public's watching eye and more prone to criminal activities. The site is located in
25 the direct path of daily movement of a significant population of homeless. Prohibiting the
26 consumption of alcohol on site would reduce the likelihood of loitering. Prohibiting the sales of
27 "singles" and requiring alcohol to be sold as pre-packaged by the manufacturer would also
28 reduce the likelihood that alcohol would be consumed onsite or in the area. Fencing the rear
29 of the building would prohibit access to the rear of the building reducing the likelihood of
30 loitering and eliminating an area that would be used for undesirable behavior. The proposed
31 24-hour operating hours will provide a constant onsite presence and additional "eyes on the
32 street" which assists in reducing undesirable and/or unlawful behavior.
33
34 Areas that are unenclosed and out of the public view present an unsafe condition that invites
35 loitering and unlawful behaviors. Requiring the rear of the building to be fenced to prohibit
36 access would eliminate this problem.
37
3 8 The project was reviewed by the City Building Official, the Public Works Department and Fire
39 Marshal their comments have been added as conditions of approval.
40
41 SITE DEVELOPMENT FINDINGS TO ALLOW CONSTRUCTION OF A GAS STATION WITH MIN-
42 MARKET AND RETAIL SPACE TO BE LOCATED AT 615 TALMAGE ROAD APN 180-070-10
43
44 The following findings are supported by and based on information contained in this staff report, the
45 application materials and documentation, and the public record.
46
4 7 1. The General Plan land use designation of the project site is Commercial (C). This land use
48 designation is intended to allow for a variety of commercial uses in areas that are served by
49 publicly-maintained roads and in areas with anticipated growth. Examples of allowable uses
50 include retail, service business, general commercial, public facilities, places of public
51 assembJy, parking lots and residential uses. The proposed gas station and mini-market are
52 consistent with the uses intended for the Commercial land use designation.
53
54 The project is consistent with Economic Development Goal ED-1 to support a strong local
55 economy in that the project will allow a new business(es) to occupy a commercially zoned
56 parcel that will serve the citizens of Ukiah and the Ukiah Valley, furthermore the re-use and
MINUTES OF THE PLANNING COMMISSION
Page 18
December 9, 2009
Page 88 of 95
1 development of the project site will generate additional property tax and sales tax for the City.
2 The project also supports a strong local economy by cleaning up and developing a site that
3 has become degraded and has the potential to become an attractive nuisance. The
4 development of the site will enhance the area by constructing a commercial new building, the
5 facilities necessary for the gas station, and installing onsite landscaping and street trees. This
6 has the potential to encourage improvements to other properties and buildings in the area.
7
8 The project site is located on one of the City's identified gateways and provides a first
9 impression to visitors and residents to the City of Ukiah. Currently the site contains a vacant
10 building. As noted above, this project would clean up the parcel hence presenting an
11 attractive introduction to the City and supporting Community Design Goal CD-7 to Improve
12 the appearance of the area gateways.
13
14 2. The proposed project will not create a hazardous or inconvenient vehicular or pedestrian
15 traffic pattern because of the following.
16
1 7 • The proposed project is located on a site that is at the intersection of two arterial streets.
18 • A Traffic Impact Analysis was completed to evaluate traffic impacts of the proposed
19 project. It was concluded that the project will not adversely impact the traffic patterns at
20 the intersection. The analysis was reviewed by the City Public Works Department and
21 CAL TRANS.
22 • The site has been used in the past for a similar use.
23 • The projeqt and Traffic Impact Analysis has been reviewed by Public Works Department
24 and it was found to be adequate in terms of vehicular and pedestrian traffic patterns.
25 • On site improvements include a defined pedestrian path of travel along with a new
26 driveway on Hastings and the relocation of the existing driveway on Talmage.
27 3. The accessibility of off-street parking areas and the relation of parking areas with respect to
28 traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or
29 surrounding uses based on the following.
30 • Off-street parking would be accessed from an existing driveway curb cut located on
31 Talmage Road and from a new driveway curb cut on the Hastings Road side. The
32 Talmage Road driveway is existing, and a new public sidewalk will be added as part of
33 this project.
34
35 • A traffic impact analysis was performed and it was determined that the current controls at
36 the intersection were adequate therefore the project will not change the current function
3 7 of the intersection.
38
39 4. The project as conditioned will provide sufficient landscaped areas for purposes of separating
40 or screening the proposed structure(s) from the street and adjoining building sites, and
41 breaking up and screening large expanses of paved areas based on the following:
42 • The project is required to comply with the landscaping requirements of the C-1 Zone.
43 The project is generally consistent with these requirements.
44
45 • The project provides the following landscaping features:
46 1) Trees and landscaping along the project frontage will provide screening of the
4 7 project as viewed from the street.
48 2) Vegetation along the project perimeters that will provide screening.
49 3) The project meets the requirement for 50% tree canopy over paved areas.
50
MINUTES OF THE PLANNING COMMISSION
Page 19
December 9, 2009
Page 89 of 95
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
6.
7.
8.
9.
11.
5. The proposed development will not restrict or cut out light and air on the property, or on the
property in the neighborhood; nor will it hinder the development or use of buildings in the
neighborhood, or impair the value thereof
• The project complies with the C-1 height and setback requirements which are developed in
order to ensure adequate light and air and separation of uses. The project would not cut out
light or air or hinder the development or use of building in the neighborhood based on the
following:
1) The properties to the west and south are already developed there is approximately a
30 foot separation between the proposed project and the existing development to the
west.
2) The project is appropriately designed as required by C-1zone development
standards. The project has been reviewed by the Design Review Board and requires
Planning Commission approval. This process ensures a quality project that would not
impair the value to properties or development.
3) The existing buildings on the site will be removed.
The site is not located in or adjacent to a residential zoning district.
The proposed development as conditioned will not excessively damage or destroy natural
features, including trees, shrubs, creeks, and the natural grade of the site based on the
following.
• The site is located in a commercial area, and contains existing structures that will be
removed.
• No water courses, wildlife, wildlife habitat or other environmentally sensitive areas are
present.
• The property is located within the floodplain however it is not in the floodway. As such the
project is subject the City's standard requirements for pre-construction and post
construction elevation certificates.
• A Certified Arborists report will be required prior to issuance of building permit to ensure
that the existing oak tree adjacent to the new Hastings Road entrance will not be
damages as a result of construction or operation of the gas station.
The project was reviewed by the Design Review Board and the applicant has incorporated
many of the recommendations into the plans in the effort to create a more attractive and
interesting building.
The building includes architectural details, materials, and articulation that avoids an
uninteresting box-like external appearance and avoids monotony. These details include use
of awnings, varied building height and score lines on the exterior finish that will break up the
walls .
The following unique circumstances specific to the proposed use allow for a lower demand for
parking because.
•
•
•
•
•
Many customers of gas station will visit the mini-market while the vehicle is at the gas
pump.
Customers of the mini-market have a fast tum over allowing for parking space
availability.
Only two employee parking spaces are needed for employee parking based on the
project description .
Some customers will travel to the mini-market via foot or bicycle .
Additional parking needed for the vacant commercial space would be addressed as
part of evaluation of proposed use.
MINUTES OF THE PLANNING COMMISSION
Page 20
December 9, 2009
Page 90 of 95
r r
1 USE PERMIT AND SITE DEVELOPMENT CONDITIONS OF APPROVAL TO ALLOW
2 CONSTRUCTION AND OPERATION OF A GAS STATION WITH MIN-MARKET AND RETAIL
3 SPACE TO BE LOCATED AT 615 TALMAGE ROAD APN 180-070-10
4
5 Site Specific Conditions
6
7 1. Approval is granted to construct and operate a gas station with a 2,400 square foot mini-
8 market and 600 square feet of unidentified lease space as shown on the project plans
9 submitted to the Community Development and Planning Department and date stamped
10 November 9, 2009 except as modified by the following conditions of approval.
11
12 2. This Use Permit is granted subject to the following operating characteristics:
13
14 A. 24 hour gas station and mini-market.
15 B. 4 employees with 2 per shift.
16 C. Mini-market items for sale to include small grocery items, candy, to go deli items, fountain
1 7 drink and coffee.
18 D. Alcohol sales as conditioned by the Ukiah Police Department.
19
20 3. A Single Inverted -U bicycle rack shall be added to the front east side of the building. Three
21 (3) parking spaces for bikes shall be provided. The rack shall be installed prior to building
22 permit final and is subject to staff review and approval.
23
24 4. A certified arborist report shall be prepared in regards to the exiting oak tree on the Hasting
25 Road frontage. The report shall be submitted to the Planning Department for review prior to
26 approval of the building permit. The report should include the following items:
27
28 A. Species and size of tree.
29 B. Existing health of the tree.
30 C. Impact of proposed construction work on the tree.
31 D. Impacts of vehicles on tree given close proximity to driveway.
32
33 5. A Final Lighting Plan shall be included with plans submitted for building permit for review for
34 compliance with Ukiah City Code requirements for on-site lighting and with the International
35 Dark Sky Association guidelines for reducing nighttime lighting on the site. The Final Lighting
36 Plan shall include the following.
37
38 A. Details regarding exterior lighting for structures, garden areas, and walkways, with
39 lighting sources that are full cut-off, hooded, down-cast, or otherwise shielded to ensure
40 that light does not adversely shine towards neighboring properties, or toward the night
41 sky, and that light bulbs are generally not visible to pedestrians on sidewalks or
42 designated areas or walkways on the site and at the property boundary, or to persons in
43 any building on or off the site.
44 B. All lighting shall be the minimum wattage and of a quality that provides adequate security,
45 but is not excessive and does not result in excessively bright night glow. Sufficient
46 details regarding the proposed type, wattage/luminescence, and illustration of the area
4 7 illuminated by each exterior light shall be provided so that Planning Staff can determine
48 the brightness and quality 9f the proposed lighting. .
49 C. Lighting devices and fixtures shall be designed, located and function compatible with the
50 site planning and design of the building.
51 D. The Planning Director shall have the authority to require the Final Lighting Plan to be
52 modified (including the type and wattage or intensity) and/or additional information to be
53 submitted so that the lighting meets the requirements listed above.
54
55 6. Signs are not included as part of this approval. Signs require application for and approval
56 of a sign/building permit.
MINUTES OF THE PLANNING COMMISSION
Page 21
December 9, 2009
Page 91 of 95
1
2 7. On plans submitted for building permit, these conditions of approval shall be included as
3 notes on the first sheet.
4
5 8. A photometric plan that demonstrates that the project lighting will not be overly bright or
6 extend over property lines.
7
8 9. The plans submitted for building permit shall show clear glazing.
9
10 10 . All roof top equipment shall be screened and shown on the plans submitted for a building
11 permit.
12
13 From the Planning Commission
14
15 11. Plans submitted for building permit shall include the following and are subject to staff review
16 and approval:
17
18 A. A revised landscaping plan that includes the removal of the palm trees.
19 B. Location of protective tree fencing for the existing trees located on the property to ensure
20 that construction of the project does not result in damage to these trees. Protective tree
21 fencing shall be metal, a minimum of 5-feet in height, and secured with in-ground posts
22 and located 5-feet outside of the dripline of the trees to be protected.
23 C. Slate or tile wainscot treatment shall be added to the building. This same treatment shall
24 be used on the support columns for the canopy.
25 D. Notes on the site plan that indicate reflective paint will be used to illuminate the
26 pedestrian path the runs through the parking area.
27
28 13. A Store Management Plan shall be submitted for review and approval by the Planning
29 Department and Police Department prior to issuance of the building permit. At a minimum,
30 the Management Plan shall include the following elements.
31
32 A. How collection of onsite trash and recycling will be handled in order to control onsite and
33 offsite litter.
34 B. How the property owner will work with adjacent neighbors to minimize any negative effect
35 the operation of the business may have on the neighboring properties.
36 C. Documentation that the owner has contacted neighboring property owners in order to
3 7 work out a plan to address any impacts that may result from the project shall be
38 submitted to staff as part of the Store Management Plan.
39 D. Identify the specific security features that will be in place to minimize loitering and to
40 ensure the safety of the customers and surrounding properties, including those
41 specifically identified at the public hearing including the use of interior and exterior
42 security cameras, two employees onsite at any time, exterior site lighting, large clear
43 glass storefront to provide "eyes on the street" and no charge accounts for customers.
44 E. Based on information from the Police Department, a threshold for the number of calls
45 shall be established that will trigger the requirement to provide onsite security personnel.
46 All expenses associated with providing security personnel are the responsibility of the
47 owner.
48
49 If staff and the applicant/property owner cannot reach agreement on the Store Management
50 Plan, the management plan shall return to Planning Commission for review and approval.
51
52 13. The Final Lighting Plan required in condition #5 above is required to be reviewed and
53 approved by the Police Department.
54
55 14. If it is determined by the arborist report that the tree is not healthy and/or is unable to
56 withstand construction impacts then the tree shall be replaced with 25 gallon size live oak in
MINUTES OF THE PLANNING COMMISSION
Page 22
December 9, 2009
Page 92 of 95
r
1 the same general location and sited to ensure the long-term health of the tree ( such as
2 avoiding impacts related to truck and vehicle traffic and reducing the amount of impervious
3 surface that encroaches into the dripline of the tree).
4
5 From the Ukiah Police Department (Captain Trent Taylor)
6
7 15. No consumption of alcoholic beverages on the premises shall be allowed.
8
9 16. Only beer and wine shall be sold and only if properly licensed by the State of California to do
10 so.
11
12 17. No beer or malt beverage products shall be sold, regardless of container size, in quantities of
13 less than six per sale and only if they are contained as pre-packaged from the manufacturer.
14
15 18. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz. or similar
16 size container is prohibited. No beer or malt beverages shall be sold in quantities of less than
1 7 six per sale.
18
19 19. Beer, malt beverages, and wine coolers in containers of 40 oz. or less cannot be sold by
20 single containers, but must be sold in manufacturer pre-packaged multi-unit quantities.
21
22 20 . Wine shall not be sold in bottles or containers small than 750 ml. and wine coolers, beer
23 cooler, or pre-mixed distilled sprit cocktails must be sold in manufacturer pre-packaged multi-
24 unit quantities.
25
26 21. A barrier or fence shall be erected that will prevent persons from entering the area to the
27 behind he main building.
28
29 From the Department of Public Works (Ben Kageyama)
30
31 22. Prior to construction, improvement plans shall be prepared by a Civil Engineer and approved
32 by the Department of Public Works. Public sidewalk improvements outside of the street right-
33 of-way will require a sidewalk easement dedicated to the City.
34 23. This property is located within the floodplain, and is subject to the provisions of Section 9600
35 et seq. of the Ukiah Municipal Code. The following shall be required:
36 A. A pre-construction elevation certificate, based on the plans, will be required prior to the
3 7 issuance of a building permit.
38 B. A post construction elevation certificate based on construction will be required prior to
39 final inspection.
40 24. If a food service facility is proposed as part of this project, pursuant to Ukiah Valley Sanitation
41 District Ordinance No. 28, an outdoor grease interceptor shall be installed, sized in
42 accordance with the California Building Code.
43 25. All irrigation and fire services shall have approved backflow devices.
44 From the Ukiah Valley Sanitation District ( Rick Kennedy)
45 26. The property owner shall enter into an agreement with the Ukiah Valley Sanitation District for
46 a sanitary sewer easement along the east side of the parcel.
47
48 From the Fire Marshal (Chuck Yates)
49
MINUTES OF THE PLANNING COMMISSION
Page 23
December 9, 2009
Page 93 of 95
1 27. No cooking which would generate any amount of grease-laden vapors is to be conducted
2 without installation of a hood and duct ventilation system containing a UL-300 fire
3 suppression system (CFC Section 904.11)
4 28. Within the retail operation, one fire extinguisher is shown in the office. An additional fire
5 extinguisher will be required in the public area, at a location to be determined.
6
7 From Building Official ( David Willoughby) :
8
9 29. Three sets of a Geotechnical Report will be required along with the building plans and other
10 documents when applying for a building permit.
11
12 30. The south wall of the convenience store will need to be a 1 hour rated wall with a parapet
13 wall extending a minimum of 30" above the roof.
14
15 31. A vapor recovery tank/system will need to be shown on the plans and maintain a 1 O' setback
16 from the property line.
17
18 From Mendocino County Air Quality Management District
19
20 32. The project is subject to the requirements of Regulation 1 and Regulation 3 of the
21 Mendocino County Air Quality Management District.
22
23 Standard City Conditions of Approval
24
25 33. Business operations shall not commence until all permits required for the approved use,
26 including but not limited to business license, tenant improvement building permit, have been
27 applied for and issued/finaled.
28
29 34. No permit or entitlement shall be deemed effective unless and until all fees and charges
30 applicable to this application and these conditions of approval have been paid in full.
31
32 35. The property owner shall obtain and maintain any permit or approval required by law,
33 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
34 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing,
35 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building
36 Permit is approved and issued.
37
38 36. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
39 future purchaser, tenant, or other party of interest.
40
41 37. All conditions of approval that do not contain specific completion periods shall be completed
42 prior to building permit final.
43
44 38. This Use Permit may be revoked through the City's revocation process if the approved
45 project related to this Permit is not being conducted in compliance with these stipulations and
46 conditions of approval; or if the project is not established within two years of the effective date
47 of this approval; or if the established use for which the permit was granted has ceased or has
48 been suspended for 24 consecutive months.
49
50 39. This approval is contingent upon agreement of the applicant and property owner and their
51 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
52 agents, officers, attorneys, employees, boards and commissions from any claim, action or
53 proceeding brought against any of the foregoing individuals or entities, the purpose of which
54 is to attack, set aside, void or annul the approval of this application. This indemnification shall
55 include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees
MINUTES OF THE PLANNING COMMISSION
Page 24
December 9, 2009
Page 94 of 95
1
2
3
4
5
6
7
8
9
10
r
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.
11. ADJOURNMENT
There being no further business, the meeting adjourned at 8:52 p.m.
MINUTES OF THE PLANNING COMMISSION
Page 25
December 9, 2009
Page 95 of 95