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1 AGENDA MEETING OF THE PLANNING COMMISSION TUESDAY, DECEMBER 6, 2016 PUBLIC SESSION: 6:30 p.m. CLOVERDALE PERFORMING ARTS CENTER, 209 N. CLOVERDALE BLVD., CLOVERDALE, CA The Cloverdale Planning Commission welcomes you to its meetings that are typically scheduled for the 1st Tuesday of the month. Your interest and participation are encouraged and appreciated. Please silence all pagers, cellular telephones and other communications devices upon entering the meeting. ADDRESSING THE PLANNING COMMISSION: When asked to do so by the Chair, those wishing to address the Commission are asked to step up to the podium. Speak directly into the microphone so everyone in the audience can hear your comments and so they ll be recorded into the official record. State your name and City of Residence for the record. Per City Council Policy, three (3) minutes are typically allotted to each speaker. However, the Planning Commission Chair may revise the amount of time allotted. Public comments will normally be received after staff presentations on an agenda item and before the Commission starts deliberations. We may disagree, but we will be respectful of one another. All comments will be directed to the issue at hand, and addressed to the Planning Commission. Personal attacks are unacceptable. DISABLED OR SPECIAL NEEDS ACCOMMODATION: In compliance with the Americans with Disabilities Act, if you need assistance to attend or participate in a meeting, please contact the City Clerk s office at Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring that reasonable accommodations are made to provide accessibility to the meeting. WAIVER WARNING: If you challenge decisions/directions of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at public hearings(s) described in this Agenda, or in written correspondence delivered to the City of Cloverdale at, or prior to, the public hearing(s). OPENING: Call To Order Pledge Of Allegiance Roll Call Agenda Review (changes/deletions) Declaration of Conflicts of Interest Page 1 of 2 1

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5 Meeting Date: December 6, 2016 Applicant: Property Owner: Project Location: Zoning Designation: General Plan Designation: Project Description: Environmental Assessment: John and Gianna Volpi John and Gianna Volpi AGENDA ITEM No. 2 City of Cloverdale Planning Commission Staff Report 224 N. Cloverdale Boulevard (APN ) Downtown Commercial (DTC) Downtown Commercial (DTC) Conditional Use Permit (CUP ) allowing for the operation of a bar within an existing 600 square-foot commercial building. Categorically Exempt: Section 15301, CEQA Guidelines Existing Facilities A. Staff Recommendation That the Planning Commission consider the application and by Resolution (Attachment 1) approve the requested Conditional Use Permit (CUP ), subject to the recommended conditions of approval. B. Background Existing Conditions The 0.37 acre project site is located at the southeast corner of N. Cloverdale Boulevard and E. Third Street ( N. Cloverdale Boulevard)(Attachment 2). The site is developed with a three story building referred to as the Copper Towers Building, formerly used for office space, three smaller detached buildings formerly featuring retail uses, landscaping and related site improvements. Currently the only business located on the property is a chiropractor s office located in one of the smaller detached circular structures. A parking lot with 19 parking spaces including one (1) handicap parking space is located on the northeast corner of property. The parking lot is accessed via a driveway on E. Third Street. An alley going from E. Third Street to E. Second Street runs along the East side of the property behind the parking lot, but does not provide access to the property (see Attachment 3 for site photographs). Adjacent land uses are as follows: North: South: East: West: E. Third Street/Single-Family Residences Hair Works/Retail/Office Single-Family Residences N. Cloverdale Blvd. / Single-Family Residence/Real Estate Office Site/Entitlement History The original structure developed on the subject property by the Carrie family was a late nineteenth century two-story Victorian home with a lower level basement. The structure was 5

6 used as a residence into the early 1980 s when in 1982, an application was submitted by then property owner Thomas Dean to convert the structure from residential to commercial while maintaining the basic historical Victorian design motif. On March 30, 1983 the Planning Commission adopted PC Resolution No approving a Conditional Use Permit to allow for a bakery, restaurant, jewelry manufacturing, retail sales and offices on the subject property. However, the project was never built and ultimately the approvals expired. In 1988, new property owners John and Terrie Spenst submitted new applications to continue the effort to convert the former residential property and structures to commercial uses allowing for the establishment of a restaurant, retail sales, medical and professional offices. In November 1988, the Planning Commission adopted PC Resolutions Nos and approving Conditional Use Permit, Variance and Design Review Permit applications to allow for the conversion to commercial uses with a reduction in the number of required off-street parking spaces. The Commission later amended the use permit so that the parking variance was no longer required, and instead utilized a parking agreement to accommodate the required offstreet parking spaces. It was sometime after the building was converted to commercial use that it became known as the Copper Towers building where Copper Towers Family Medical offices were located through It does not appear that a restaurant was previously operated on the property. C. Project Description The Saw Mill Saloon would be a full bar offering beer, wine and distilled spirits. The proposed hours of operation for the saloon would be seven days a week from 6:00 a.m. to 2:00 a.m. However, the applicants do not anticipate opening the bar daily at 6:00 a.m., except for up to six special occasions per year such as St. Patrick s Day. The bar would open no earlier than 8:00 a.m. the rest of the year. Similarly, the applicants do not anticipate operating the bar until 2:00 a.m. nightly, but request the ability to stay open for business until as late as 2:00 a.m. on Friday and Saturdays, as well as up to 10 additional days per year that do not fall on a Friday or Saturday (such as St. Patrick s Day, Cinco de Mayo, July 4, New Year s Eve, etc.). The bar would close no later than 12:00 a.m. all other days of the week. According to the applicant s written statement (Attachment 4), the long term plan for the overall property is to convert the first floor of the three-story main building into a restaurant, and renovate the second and third floors into a 6-room inn. The applicants are anticipating opening the 6-room inn in late 2017 and the restaurant sometime in The goal of the applicants was to open the restaurant and bar simultaneously and operate them as essentially as one use, but interior improvements to the main building for the restaurant and inn will take longer than originally anticipated. In the meantime, the applicants would like to begin generating revenue from the bar to help fund the rest of the improvements necessary to open the restaurant and inn. D. Analysis Public Notice The Notice of Public Hearing was published in the Cloverdale Reveille and properly posted on November 23, Notice of the public hearing was also mailed to property owners within 300 of the proposed project on November 23,

7 Environmental Review The project qualifies for a Class 1 (Section Existing Facilities) CEQA exemption because the main building, detached buildings and parking lot are existing and are not being expanded in any way. Furthermore, based on the application materials, existing site improvements and location of the project none of the exceptions in CEQA Guidelines section would limit the above referenced categorical exemption for the project. General Plan The site is designated Downtown Commercial (DTC) on the City s General Plan Land Use Map. This designation creates a center for the City, a focal point that is accessible and provides neighborhood and pedestrian-oriented commercial uses. The intent of the designation is to provide a wide variety of uses, consistent with historic downtown uses. The following are some of the goals and policies of the City s adopted General Plan applicable to new development: Goal LU 2 states that the downtown will be the commercial, cultural and governmental core of the City. Policy LU 2-1 provides for economic development resources in the downtown in order to maintain a focal point for the community, a strong community image and an anchor for economic growth. Policy LU 3-5 aims to conserve or preserve historic buildings and the character of the older parts of town, while also allowing change of use of the properties where allowed by General Plan land use and density standards. Goal LU 4 seeks to maintain the built environment to support the quality of life and the friendly, rural, small town atmosphere. Goal LU 7 encourages jobs and housing nexus, providing housing for workers employed in Cloverdale, in order to reduce commuting, to support local businesses, schools, and activities by providing a base of residents who both live and work in Cloverdale Policy NE 1-3 requires that noise from stationary sources such as music and machinery be contained onsite and not exceed the standards of Exhibit 4.1 of the General Plan for the generating and receiving site at the property line. Goal LU 7 of the General Plan encourages a jobs and housing nexus to support local business and activities. Goal LU 2 of the General Plan envisions the downtown as the commercial, cultural and governmental core of the City by encouraging economic growth through infill of vacant sites and upgrading of existing buildings. The proposed project is consistent with the goals and policies of the General Plan and the DTC land use designation as it will help to preserve the character of the older parts of town while also allowing for a change of use of the property and bring jobs, as well as a new retail use, to the downtown core. Based upon the information contained in the application materials as well as the address files for the property, as proposed, staff concludes that the project is consistent with the goals and policies of the General Plan. Zoning The site is zoned Downtown Commercial (DTC) on the City s Zoning Map. The DTC district is intended to provide for a broad range of pedestrian oriented commercial, office, institutional, cultural and public uses and to maximize the efficiency of the City s downtown by limiting or 7

8 prohibiting uses that break the continuity of commercial frontage or are incompatible with an attractive pedestrian shopping area. Zoning adjacent to the site is as follows: North: South: East: West: Two-Family Residential (R-2) Downtown Commercial (DTC) Office/Multi-Family Residential (O-R) Downtown Commercial (DTC) According to Table A of the Zoning Ordinance, Bar/Cocktail Lounge uses are permitted in the DTC Zoning District subject to Conditional Use Permit approval. In an effort to distinguish between the two, staff has prepared a map detailing the locations of existing bars and restaurants in the downtown area (Attachment 5). Although there are several locations within the DTC Zoning District wherein alcohol can be consumed on-site, the map shows that all of those establishments are restaurants and the only existing bar is located outside of the DTC Zoning District. As the project does not involve new construction and the site was developed in accordance to the Zoning Ordinance standards at the time, including off-street parking requirements, the project meets the development standards of, and is consistent with, the DTC Zoning District. Conditional Use Permit The Conditional Use Permit process is intended to allow uses that are generally consistent with the purpose of the Zoning District in which they are proposed, but require special consideration because of their special impacts, to ensure that the use can be designed, located and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. Conditions of approval limit the hours of operation for the bar to as early as 6:00 a.m. no more than six (6) days a year, and all other days no earlier than 8:00 a.m. The conditions also limit the bar to closing as late as 2:00 a.m. on Fridays, Saturdays and up to 10 additional days per year. The bar would also be limited to closing no later than 12:00 a.m. on all other days. Section (A) of the Zoning Ordinance provides that where a structure which is the subject of a Conditional Use Permit application has historic value and the granting of the application would tend to encourage the preservation of the structure or tend to make preservation economically feasible, it is the policy of the City that such permit be granted. However, the permit may not be granted if there is substantial evidence that the intended use would be contrary to or substantially inconsistent with the general objectives of the Zoning Ordinance or the public peace, health, welfare or safety. The applicants/property owners purchased the property in April of 2015, and have been performing general building maintenance and repairs including painting the exterior of the building. Based on a report prepared by Tom Origer and Associates from 2001 (Attachment 6), the existing structure is not qualified to be considered eligible for inclusion on the National Register of Historic Places. However, it does not necessarily preclude the former residential structure from being considered locally significant. Furthermore, as mentioned in the Project Description section of this report, the property owners plan for the overall property includes conversion of the first floor of the three-story main building to a restaurant, and the second and third floors to a 6-room inn. With the stated purpose of establishing the bar use prior to the restaurant and inn to begin generating revenue to help fund those interior improvements to the three-story main building, approval of this 8

9 Conditional Use Permit would preserve the character of this older part of town while allowing for another change of use to this former residential structure and property. Security Plan The applicants have submitted a Security Plan (Attachment 7) for the bar that was reviewed by Chief Cramer of the Cloverdale Police Department and found to be acceptable. The bar will utilize a closed circuit television system integrated with an alarm network, motion sensor LED lighting on all exterior walkways and all bar staff will complete the Department of Alcoholic Beverage Control s LEAD program. The goal of the Security Plan is to provide a level of control and safety for all patrons, guests and neighbors of the Saw Mill Saloon, as well as full cooperation and coordination with neighboring businesses to ensure that the use will not interfere with the use and enjoyment of surrounding properties. A condition of approval is included that would require strict adherence to the Security Plan, including being proactive in communication and coordination with local authorities. The conditions of approval also provide a process by which the use permit could be brought back before the Planning Commission for revocation or modification if the Commission finds that a) there has been noncompliance with any of the conditions of approval, or b) the Commission finds that the use is being exercised as to be substantially detrimental to persons or property in the neighborhood. With the bar proposed in the detached 600 square-foot building, the atmosphere within the space is anticipated to be intimate and not so large that bar employees would have difficulties maintaining a watchful eye on the bar patrons, or noticing any disruptions or rowdy behavior. Together with the limited size of the bar space and strict adherence to the conditions of approval and Security Plan, staff concludes substantial evidence that the intended use would not be contrary to or substantially inconsistent with the general objectives of the Zoning Ordinance or the public peace, health, welfare or safety. Parking The site is currently developed with 19 off-street parking spaces, including 1 ADA van accessible space. The proposed site plan submitted by the applicant shows that the existing parking lot will be restriped. This Conditional Use Permit application is required for the bar use only. Offices, hotels, and restaurants are all permitted uses within the DTC Zoning District. As such, review of the application s conformance with applicable parking standards is limited to the bar use only. According to Table A of the Zoning Ordinance, bar uses are required to provide 1 parking space per 100 square feet of public area (any area accessibly by the public). With the bar providing 360 square feet of public area, four (4) parking spaces would be required for the bar. Therefore, based on a parking requirement of four (4) spaces for the project, the project would be in conformance with the off-street parking requirements of the Zoning Ordinance because the existing parking lot provides 19 off-street parking spaces. In light of the property owners long term plans for the property and its buildings, staff has included a detailed review of all proposed uses based on the applicant s written description to identify how the project would conform to the City s Parking and Loading requirements for all proposed uses (restaurant, lodging and bar). Staff prepared the following table that lists the number of required off-street parking spaces for each use as provided in Chapter

10 Parking and Loading Requirements in the Zoning Ordinance and determined the number of spaces by the amount of square feet dedicated to each use on the site plan. Table 1 Parking and Loading Requirements for proposed uses at 224 N. Cloverdale Boulevard Type of Use Floor Area/ # of units Parking Spaces Required Total Spaces Required Office/Retail 570 s.f. 1 per 450 s.f. 1 Inn units + manager Restaurant Bar Existing Parking Spaces 6 units 1 per unit + 2 for the manager 8 1 per 450 s.f. 1,770 s.f. of area open 4 to the public 1 per 100 s.f. 360 s.f. of area open 4 to the public Total In an effort to promote economic development and encourage new businesses to the downtown area, Zoning Ordinance Table A provides relaxed parking standards for retail and office uses in the Downtown Commercial Zoning District. The Zoning Ordinance defines restaurants as a retail business (bars are not defined as such). As a result, the restaurant and office uses would be required to provide off-street parking in accordance with the following standard listed in Table A: DTC Zoning District Commercial (Retail and Office only) = 1 parking space per 450 square feet if the building provides shared parking With the Zoning Ordinance not defining bars as a retail business, the bar use would be required to provide off-street parking in accordance with the following standard listed in Table A: Restaurants and Bars = 1 parking space per 100 square feet of public area (any area accessible by the public) As indicated in the Table 1 above, the property would have two (2) surplus parking spaces. Therefore, based on a parking requirement of 17 spaces for all of the property owners proposed uses for the property including the future restaurant and inn, the project would be in conformance with the off-street parking requirements of the Zoning Ordinance. Furthermore, while on-street parking spaces are not considered as providing the project s required parking requirement, four striped public parking spaces are located in front of the property on N. Cloverdale Boulevard, and approximately three additional public parking spaces are located on E. Third Street. Compatibility with Adjacent Uses 10

11 The subject property is located at the northern end of the Downtown Core and is situated at intersection of multiple Zoning Districts, at the southeast corner of N. Cloverdale Boulevard and E. Third Street. Commercial uses are located on the properties to the south as well as on the west side of N. Cloverdale Boulevard. Residential uses are located across the street on N. Cloverdale Boulevard and E. Third Street, as well as behind and east of the subject property on N. Main Street. The building where the bar will be located in is separated approximately 100 feet distance from the nearest residence located on N. Main Street by an alley, fences, and landscaping. The existing building has been used for commercial purposes since at least the early 1990 s, as the Copper Towers Medical Offices and currently one of the other detached buildings on the property is leased to a local chiropractor. Strict adherence to the conditions of approval and the Security Plan would help to ensure that the proposed bar use would be compatible with adjacent land uses. The use of outdoor amplified music or sound, or the use of a microphone outdoors would be prohibited by the Conditions of Approval. Moreover, the use permit could be brought back before the Planning Commission at a public hearing should the operators of the bar fail to comply with any conditions of approval, or if enough complaints are received such that City staff or the Commission determine that such a review is warranted. E. Staff Recommendation Staff recommends the Planning Commission approve Conditional Use Permit application (CUP ) allowing for the operation of a bar within an existing 600 square-foot commercial building and related site improvements at 224 N. Cloverdale Boulevard, subject to the recommended conditions of approval. Attachments 1. Draft Resolution Approving Conditional Use Permit 2. Location Map/City Zoning Map 3. Site Photos 4. Written Statement 5. Map of Restaurants and Bars in the Downtown Area 6. Historic Evaluation prepared by Tom Origer and Associates in Security Plan 8. Site Plan and Floor Plan X:\Community Development\Applications\2016\CUP Saw Mill Saloon N. Cloverdale Blvd\Saw Mill Saloon PC Staff Report N. Cloverdale Blvd.docx 11

12 ATTACHMENT 1 CITY OF CLOVERDALE PLANNING COMMISSION RESOLUTION NO A RESOLUTION OF THE CITY OF CLOVERDALE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT (CUP ) TO ALLOW FOR THE OPERATION OF A BAR WITHIN AN EXISTING 600 SQUARE FOOT COMMERCIAL BUILDING AND RELATED SITE IMPROVEMENTS AT 224 NORTH CLOVERDALE BOULEVARD (APN: ) WHEREAS, an application for a Conditional Use Permit was submitted by John and Gianna Volpi to allow the operation of a bar within an existing 600 square foot commercial building and related site improvements at 224 N. Cloverdale Boulevard; and WHEREAS, the site is designated Downtown Commercial (DTC) on the City s adopted General Plan Land Use Map and the proposal is consistent with the Downtown Commercial (DTC) land use designation of the General Plan which creates a center for the City, a focal point that is accessible and provides neighborhood and pedestrian-oriented commercial uses; and WHEREAS, the project will fill an otherwise vacant commercial space and bring jobs, as well as a new retail use, to the downtown core. The project can be adequately served by existing services and utilities, and would not result in noise levels that exceed the General Plan and therefore has been determined to be consistent with the goals, policies and implementation measures of the General Plan; and WHEREAS, the site is located in the Downtown Commercial (DTC) Zoning District on the City s adopted Zoning Map and Bar/Cocktail Lounge uses are an allowed use in the Downtown Commercial (DTC) Zoning District, subject to Conditional Use Permit approval; and WHEREAS, as required by California Government Code Section 65091, the Planning Commission of the City of Cloverdale gave legal notice of a public hearing on the proposed Conditional Use Permit application; and WHEREAS, the Planning Commission held a public hearing on December 6, 2016 for the purpose of reviewing the proposed Conditional Use Permit application and considered all written and verbal communication, including the staff report; and WHEREAS, the applicant and members of the public were present to speak on the application; and WHEREAS, the Planning Commission finds that this project is exempt from the California Environmental Quality Act (CEQA) under Section 15301, Existing Facilities, because the commercial building and parking lot are existing and are not being expanded in any way. Based on the application materials, existing site improvements, location of the project, none of the exceptions in CEQA Guidelines section would limit the above referenced categorical exemption for the project; and WHEREAS, the Planning Commission has determined that the findings required for approval of the Conditional Use Permit required by Section of the Zoning Ordinance have been met. Based on the application information and the information contained in the staff report, the following findings have been made:

13 1. The proposed use is permitted within the subject Zoning District pursuant to the provisions of this Section ( ) and complies with all the applicable provisions of this ordinance, the goals, and objectives of the Cloverdale General Plan, and the development policies and standards of the City. Bar/Cocktail Lounge uses are permitted in the DTC Zoning District subject to Conditional Use Permit approval. With the stated purpose of establishing the bar use prior to the restaurant and inn to begin generating revenue to help fund those interior improvements to the three-story main building, approval of this Conditional Use Permit would preserve the character of this older part of town while allowing for another change of use to this former residential structure and property. As the project does not involve new construction and the site was developed in accordance to the Zoning Ordinance standards at the time, including off-street parking requirements, the project meets the development standards of, and is consistent with, the DTC Zoning District. Furthermore, the proposed project is consistent with the goals and policies of the General Plan and the DTC land use designation as it will help to preserve the character of the older parts of town while also allowing for a change of use of the property and bring jobs, as well as a new retail use, to the downtown core. 2. The proposed use would not impair the integrity and character of the Zoning District in which it is to be established or located. The proposed use is compatible with the DTC Zoning District, as the surrounding neighborhood is comprised of a mix of residential and commercial structures and uses, and the building is being maintained to blend architecturally with the surrounding neighborhood. The building where the bar will be located in is separated from the nearest residence located on N. Main Street by an alley, fences and approximately 100 feet distance. The existing building has been used for commercial purposes since at least the early 1990 s, was formerly the Copper Towers Medical Offices and currently one of the other detached buildings on the property is leased to a chiropractor. Strict adherence to the conditions of approval and the Security Plan would help to ensure that the proposed bar use would be compatible with adjacent uses. Moreover, the use permit could be brought back before the Planning Commission at a public hearing should the operators of the bar fail to comply with any conditions of approval, or if enough complaints are received such that City staff or the Commission determine that a such a review is warranted. The project as designed is, and the conditions of approval ensure that the proposed use is, compatible with the DTC Zoning District. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is developed with commercial buildings, parking lot and related site improvements. The building where the bar will be located in is separated from the nearest residence on N. Main Street by an alley, fences and approximately 100 feet distance. The existing building has been used for commercial purposes for more than 25 years and one of the other detached buildings on the property is currently leased to a chiropractor

14 4. There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety. The site is developed with the commercial buildings, parking lot and related site improvements with existing services. Adequate provisions for water, sanitation and public utilities and services exist to ensure public health and safety. According to the 2014 Infrastructure Audit, the city has adequate water, wastewater, storm water facilities, and water supply for the project. In addition, the standard conditions of approval limit storm water impacts off site. The developer is responsible for any applicable Storm Drainage, Water Capacity and Wastewater Capacity Development Impact fees to assure that the city has sufficient water, wastewater and storm drain facilities for the project. 5. The proposed use will not be detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity. The use is located within an existing building that was improved for commercial use. A condition of approval is included that would require strict adherence to the Security Plan, including being proactive in communication and coordination with local authorities. The conditions of approval also provide a process by which the use permit could be brought back before the Planning Commission for revocation or modification if the Commission finds that a) there has been noncompliance with any of the conditions of approval, or b) the Commission finds that the use is being exercised as to be substantially detrimental to persons or property in the neighborhood. With the bar proposed in the detached 600 square-foot building, the atmosphere within the space is anticipated to be intimate and not so large that bar employees would have difficulties maintaining a watchful eye on the bar patrons, or noticing any disruptions or rowdy behavior. Together with the limited size of the bar space and strict adherence to the conditions of approval and Security Plan, the bar use is not anticipated to be detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity. NOW, THEREFORE BE IT RESOLVED the above recitals are true and correct and incorporated herein by reference; and NOW, THEREFORE BE IT FURTHER RESOLVED that the Planning Commission of the City of Cloverdale does hereby grant a Conditional Use Permit to allow the operation of a bar within an existing 600 square foot commercial building and related site improvements at 224 N. Cloverdale Boulevard subject to the Conditions of Approval listed below:

15 Planning: CONDITIONS OF APPROVAL SAW MILL SALOON CONDITIONAL USE PERMIT 224 N. CLOVERDALE BOULEVARD 1. Conditional Use Permit approval is granted to allow the operation of a bar within an existing 600 square foot commercial building and related site improvements at 224 N. Cloverdale Boulevard, Cloverdale, CA as summarized above and shown in the application materials submitted to the Community Development Department. The applicant shall adhere to the Conditional Use Permit (CUP ) application materials submitted on October 20 and October 31, 2016 and the Conditions of Approval. Minor modifications to the approved plans and/or Conditions of Approval require Community Development Department approval. More significant modifications to the approved plans and/or Conditions of Approval require Planning Commission approval 2. This approval is subject to appeal within 10 consecutive days from the date of approval. 3. All conditions of this Conditional Use Permit are necessary to protect the general health, safety and welfare, and to minimize or eliminate adverse environmental effects of the project. If any condition of this permit is held to be invalid by a court, then the entire permit shall be invalid. The Planning Commission specifically declares that it would not have issued this permit unless all of the conditions herein are held as valid. 4. This permit shall be subject to revocation or modification by the Planning Commission if the Commission finds that there has been any of the following: a. Noncompliance with any of the foregoing conditions or the Security Plan for the Saw Mill Saloon date stamped submitted October 20, 2016, or b. The Commission finds that the use for which this permit is hereby granted is so exercised as to be substantially detrimental to persons or property in the neighborhood of the use. Any such revocation shall be preceded by a public hearing noticed and heard pursuant to the City of Cloverdale Municipal Code. 5. This Conditional Use Permit (CUP ) shall expire, and become null and void, two years from the date of approval unless exercised through the commencement of the business operations or a written request for an extension of time is submitted to the Community Development Department prior to the expiration date and an extension is granted by the Planning Commission. 6. The approval of this permit shall be subject to the latest adopted ordinances, resolutions, policies and fees of the City of Cloverdale. Applicant shall be responsible for any and all costs associated with any required special inspections necessary for the project. 7. This Conditional Use Permit shall not be assigned or transferred without prior written notification to the Community Development Director at least 30 days prior to being assigned or transferred. The Community Development Director may refer the sale or transfer request to the Planning Commission for information. 8. The use of outdoor amplified music or sound, or the use of a microphone outdoors shall be prohibited

16 Police: 9. The hours of operation for the bar shall be seven days a week from 6:00 a.m. to 2:00 a.m. However, the bar shall only open as early as 6:00 a.m. no more than six (6) days per year, for special occasions such as St. Patrick s Day. The bar shall open no earlier than 8:00 a.m. the remainder of the calendar year. Furthermore, the bar shall stay open for business no later than 2:00 a.m. on Friday and Saturday evenings, as well as up to ten (10) additional days per year that do not fall on a Friday or Saturday (such as St. Patrick s Day, Cinco de Mayo, July 4, New Years Eve, etc.). The bar shall close no later than 12:00 a.m. all other days of the week. 10. Exterior lighting shall be installed as necessary to adequately illuminate the sidewalk or other public way in front of the business during night hours including at closing time. This lighting will increase the visibility of and insure the safety of patrons while discouraging loitering in front of the business. 11. Strict adherence to the Security Plan is required throughout the use of the bar at 224 N. Cloverdale Boulevard, including communication and coordination with local authorities when and where applicable. The applicants shall maintain a current copy of the Security Plan on file with the Community Development Department and Police Department at all times. 12. If a number of complaints are received such that the Community Development Director, Planning Commission and/or City Council feel that review of the Conditions of Approval for the use permit by the Planning Commission is warranted, the permit may be brought back before the Planning Commission for revocation or modification at a publicly noticed public hearing. The conditional use permit for the use of the bar at 224 N. Cloverdale Boulevard may be recalled to the Planning Commission for review by the Community Development Director for a public hearing due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics. At such time, the Commission may revoke the conditional use permit or add/modify conditions of approval. 13. It has been demonstrated that alcohol serving establishments can adversely affect nearby commercial and residential uses and can create substantial demands for police services. A security plan for the use and operation of the bar at 224 N. Cloverdale Boulevard shall be maintained to the satisfaction of the Police Chief. The Police Chief reserves the right to periodically review and require adjustments to the Security Plan including the periods of time and staffing levels for security personnel, duties, responsibilities and qualifications of security staff and security measures employed by the applicants to ensure the safe sale of alcohol for on-site or off- premises consumption and to prevent over concentration. 14. The Chief of Police shall be notified a minimum of ten (10) days in advance of special events that may attract larger than normal crowds. The Chief of Police may require and the owner/operator shall provide additional qualified security personnel on site to provide adequate crowd control. 15. The applicant shall comply with Alcoholic Beverage Control (ABC) laws and regulations. Suspension of the applicant's license by the ABC may constitute sufficient cause or basis for review and possible revocation of a conditional use permit

17 Fire: 16. Bar personnel shall follow ABC regulations and procedures and check identification whether at the door or when ordering drinks to insure patrons are of legal age. 17. Provide premise identification: A 12 inch interior or exterior illuminated address sign supplied by photocell or timer. Place in a location visible from N. Cloverdale Blvd. 18. Provide one 2A:10BC rated fire extinguisher for the new bar, mount 3-5 foot AFF in a common area near the exit. 19. Exit doors requires no-knowledge, single action (or panic) hardware. Public Works/Engineering: 20. Project proposes change in use of property to combined bar, restaurant and hotel in a phased project. Proposed phase includes creation of one (1) new restroom which is expected to increase water and sewer use for the property. Along with an application for a Building Permit, the applicant shall provide an analysis of additional water and sewer use (in gallons per day) for the proposed bar use. Development Impact fees for additional water and sewer use shall apply (CMC 17A et. seq. & CMC 17A et. seq.). Development impact fees for subsequent phases of the project will be determined when plans are submitted to the City for review. ******* Resolution No was duly adopted on this the 6 th day of December 2016, by the following roll call vote: ( -ayes, -noes) AYES in favor of: NOES: ABSTAIN: ABSENT: Approved: Attested: Mike Shanahan, Chair Linda Moore, City Clerk X:\Community Development\Applications\2016\CUP Saw Mill Saloon N. Cloverdale Blvd\Saw Mill Saloon CUP PC Resolution.docx

18 ATTACHMENT 2 Location Map/City Zoning Map 18

19 ATTACHMENT 3 Site Photos View from N. Cloverdale Blvd looking east at the main building (formerly Copper Towers) and the detached building closest to the street. Looking East towards proposed bar space from near the front of the main building 19

20 View of the space proposed to be converted into the bar (looking east). View from parking lot behind the building looking West at the corridor leading to the bar. 20

21 Looking East at the proposed bar entrance and corridor to parking lot Looking South at entrance to existing parking lot from E. Third Street 21

22 Attachment 4 - Applicant's Written Statement To Whom It May Concern: My husband John and I would like to apply for a "conditional use permit" required to open a bar in the beautiful Victorian style building we bought at 240 N Cloverdale Blvd in April of We are all about exhibiting pride of ownership and we think we have a great venue to bring three businesses to town that will attract visitors and locals at the same time. We've both lived in Sonoma County all our lives and love the small town charm of Cloverdale, so much so that we also purchased a home where we hope to move in to and ultimately retire someday. We enjoy spending time with the people we've met in the community and want build on and be a part of the way Cloverdale supports local activities we've attended such as Friday Night Live, events at the Performing Arts Center, the Annual Car Show and the Citrus Fair to name a few. We have purchased a type 48 full liquor license and have paperwork on file with the ABC which will allow us to operate our bar business separately and in advance to opening the proposed restaurant located on the ground floor of the main building which we hope to open as soon as In order to fully utilize the space in the main building we are also planning to operate a 6 room inn on the 2 nd and 3 rd floors. If all goes as planned we are hoping to open the inn in late The approximately 650 square feet of space to the right of the main building across the breezeway allocated for the bar will have a maximum occupancy limited to 25 people. The property also includes a 22-space parking lot in the back to accommodate patrons. The bar will be open seven days a week with our proposed hours of operation being 6am to 2am. While we don't anticipate being open at 6am daily, we would like the capability to open early for certain seasonal festivities such as St Patrick's Day and the like. We plan to create employment opportunities between the inn, restaurant and bar and are working with local authorities to create a safe environment for locals to work and enjoy. We truly appreciate your full consideration and welcome any questions or ideas you have in order to make the dream of ours a reality. 22

23 ATTACHMENT 5 Map of Existing Restaurants and Bars in the Downtown area = Existing Bar - The Dante at 133 Railroad Ave = Proposed Bar - Saw Mill Saloon at 224 N. Cloverdale Blvd = Existing Restaurants 23

24 Attachment 6 - Historic Report 24

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26 Attachment 7 - Security Plan 26

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