HomeMy WebLinkAboutMinutes 12/09/1997Planning Commission Minutes - December 9, 1997
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REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL, PETALUMA, CA
December 9, 1997
7:00 PM
Commissioners Present: Bennett, Broad, Feibusch *, Healy, Maguire, Thompson, Vieler
Commissioners Absent: None.
Staff. Pamela Tuft, Planning Director
James McCann, Principal Planner
Jane Thomson, Senior Planning Technician
Craig Spaulding, Associate Civil Engineer
• ct,azlp"'M
PLEDGE OF ALLEGIANCE
MINUTES OF NOVEMBER 12, 1997 were approved with one addition.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Sonoma State Planning Seminar Resource Material is
available to borrow.
COMMISSIONER'S REPORT: Commissioner Bennett and Thompson - concerns
with Brown Act regarding COTS application - COTs representative asked for meeting for
presentation with each Commissioner; Commissioner Maguire - Opposing viewpoint of
above 'item; Commissioner Feibusch - Can McNear/Petaluma Blvd. S. intersection be re-
reviewed in four months - receiving complaints. (Response from Principal Planner
McCann - will monitor for next several months - not a standard intersection.)
32 CORRESPONDENCE: Memo from Steve Simmons, Public Works Superintendent
33 regarding Heritage Subdivision; Letter from City Engineer regarding Heritage
34 Subdivision; Petition from the Kentucky Street neighborhood regarding Kodiak Jack's;
35 Letter regarding security at Kodiak Jack's.
36
37 APPEAL STATEMENT: Was read.
38 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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41 COMMISSION BUSINESS
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43 L ADOPTION OF 1998 MEETING SCHEDULE.
44
45 The following meeting schedule was adopted by consensus:
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Planning Commission Minutes - December 9, 1997
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PLANNING COMA=ON -1998 MEETING SCHEDULE
TUESDAY EVENINGS 7.00 PM- C17T COUNCIL CHAMBERS
January 13
January 27
February 10
February 24
March 10
March 24
April 14
April 28
May 12
May 26
June 9
June 23
July 14
July 28
August 11
August 25
September 9 (Wednesday)
September 22
October 13
October 27
November 10
(November 24 - holiday week)
December 8
(December 22 - holiday week)
II. ZONING ORDINANCE INTERPRETATION; CITY OF PETALUMA.
Request for an interpretation of the term "ancillary" as used in the Zoning
Ordinance.
(Commissioner's Healy and Viieler abstained.)
Senior Planning Technician Jane Thomson presented the staff report.
DISCUSSION:
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Planning Commission Minutes - December 9, 1997
1 Principal Planner McCann - Reminded the Commission that this item is a determination
2 of the definition of "ancillary" to be applied to all Zoning issues City -wide. The
3 Commission must separate this determination from Mr. Vieler's application (the next item
4 on the agenda).
5 Victor'Thuesen -14 Martha Street - History of application of this word can be confusing;
6 he described his understanding of the terms and related it to the use in the Cardroom
7 Ordinance. He found staff's recommendation to be acceptable.
8 Commissioner Maguire - The use must be "clearly" ancillary - main issuelproblem is that
9 hours of operation exceed hours of existing use - not "clearly" ancillary - cannot in any
10 way exceed use it is ancillary to.
11 Commissioner Bennett - Clarify intent - staff recommendation is sufficient.
12 Commissioner Broad - Staff and Mr. Thuesen did a good job of outlining definition of
13 ancillary; definition allows for operations with no relation to each other; should we tie use
14 into relationship of types of uses?
15 Comm'issioner's Thompson and Feibusch - Satisfied with staff
16 recommendation/definition-
17
18 A motion was made by Commissioner Maguire and seconded by Commissioner Bennett to
19 adopt the following interpretation of "ancillary use ":
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21 Commissioner Bennett: Yes
22 Commissioner Broad: No
23 Chairman Feibusch: Yes
24 Commissioner Healy: Abstain
25 Commissioner Maguire: Yes
26 Commissioner Thompson: Yes
27 Commissioner Vieler: Abstain
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29 Ancillary Use a use which is subordinate to the principal use. For the
30 purposes of determining subordinate use, the following may be considered
31 in comparison to the principal use: intensity of activity, proportion of total
32 space utilized, hours of operation, etc.
33
34
35 OLD BUSINESS:
36
37 III. BANKSHOT B ILLIARD S CONDITIONAL USE PERMIT AMENDMENT;
38 MIKE GIACOMIlVI, RAY ALLENA, WAYNE VIELER; 246 PETALUMA
39 BOULEVARD NORTH; AP NO. 006-284-018; FILE NO. CUP97033akt).
40
41 Item continued from November 12, 1997 meeting.
42
43 A request by Wayne Vieler to establish a 15 table cardroom in a presently vacant
44 portion of the Bankshot Billiards facility. In order to permit this use, the existing
45 Bankshot Billiards Conditional Use Permit must be amended to: 1) include a
46 cardroom among the commercial recreational uses allowed at the facility; and 2)
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Planning Commission Minutes - December 9, 1997
1 Modify the mode or manner of operation of the existing Alcoholic Beverage
2 Establishment (additional hours of operation and sharing of facilities).
3
4 (Commissioner's Healy and Vieler abstained.)
5
6 Senior Planning Technician Thomson presented the staff report.
7
8 (Public Hearing closed at November 12, 1997 meeting.)
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10 CONTINUED DISCUSSION:
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12 Commissioner Feibusch - Did Building Division make recommendation regarding the
13 required number and/or placement of restroom facilities.
14 Planning Director Tuft - Existing facilities (restroom ) are not adequate to serve
15 expanded use.
16 Commissioner Feibusch (to) D.J. Phimister, Police Department - Any
17 recommendations regarding security measures?
18 D.J. Phimister - Police recommendation is one security person during cardroom
19 operation; cardroom employee could act as security person once properly trained.
20 Commissioner Broad - Given the definition of "ancillary use" - does not feel that the
21 proposed use is "clearly" ancillary use to principal use of the site, it is more than
22 subordinate to Bankshot; cardroom would function freely when the billiard parlor is closed
23. and would not be ancillary to existing use; unable to support this application.
24 Commissioner Thompson - Regarding noise concerns - does not see a problem with this
25 project generating more noise, as patrons will enter from the rear.
26 Commissioner Maguire - Agrees with Commissioner Broad, the use is not "clearly
27 ancillary" - cannot justify this as a "clearly" ancillary use; cannot support this project with
28 proposed hours - possibly with same hours as billiard parlor.
29 Commissioner Bennett Questioned the intent of Ordinance - satisfied that this use can
30 meet definition of ancillary use; does not feel this use will generate additional noise; recall
31 provision of the Use Permit is best safety valve; could put a mandatory six-month review
32 time on this project; willing to take a "go- easy" approach with tight review and the ability
33 to recall and revoke if necessary.
34 Commissioner Feibusch - Agreed with most of Commissioner Bennett's statements;
35 should be reviewed in six months by staff/neighbors/Police; security should be monitored.
36 Commissioner Maguire - Agreed with six month review period; have security issues
37 been resolved?
38 Commissioner Feibusch - Security questions answered by Police representative.
39 Commissioner Maguire - Front entrance should be for handicap access only; main
40 entrance will be at rear during hours that Bankshot Billiards is closed; is there an issue
41 with parking? and with beer service at 6AM?
42 Principal Planner McCann - The parking (off -site) needs to be worked out before use
43 can commence.
44 Commissioner: Maguire - Should beer be allowed to be served at 6AM? Maybe alcohol
45 should not be allowed until L OAM?
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Planning Commission Minutes - December 9, 1997
1 Commissioner Bennett - Not a problem to permit alcohol to be served earlier, cardrooms
2 are not a place for significant drinking.
3 Commissioner Thompson - Curtail hours for consumption of alcohol to L OAM to 2AM.
4 Consensus that alcohol should not be permitted before LOAM.
5 Commissioner Broad - Reiterated that the adopted definition of ancillary mentions hours
6 of operation.
7 Commissioner Bennett - My intent with six month review will be to look at these issues
8 including hours of operation hours don't need to coincide to be an ancillary use.
9
10 A motion was made by Commissioner Bennett and seconded by Commissioner Thompson
11 to approve an amendment to the Conditional Use Permit held by Bankshot Billiards to
12 allow: (1) the addition of a cardroom facility to the list of "commercial recreation" uses
13 allowed at the facility; (2) a 24 hour, 7 day /week 15 -table cardroom to occupy a presently
14 vacant 2,645 sq.ft. portion of the facility, and (3) a modification to the existing Alcoholic
15 Beverage Establishment entitlement to permit a sharing of restroom facilities and an
16 expansion of the hours of bar operation to LOAM to 2AM for the new cardroom only, at
17 246 Petaluma Boulevard North, APN 006 - 284 -018, based on the following findings and
18 subject to the following amended conditions:
19
20 Commissioner Bennett: Yes
21 Commissioner Broad: No
22 Chairman Feibusch: Yes
23 Commissioner Healy: Abstain
24 Commissioner Maguire: No
25 Commissioner Thompson: Yes
26 Commissioner Vieler: Abstain
27
28 1. The proposed 24 hour 7 day /week 15 table cardroom, with a 16 20 hour /day (10
29 6AM to 2AM) Alcoholic Beverage Establishment is consistent with the
30 interpretation, and would be ancillary to the principal pfifa billiard/commercial
31 recreation use of Bankshot Billiards as required by Section 21 -420 of the Zoning
32 y � O ♦ rdinance. an d based n fi — ��- �a�,�to the eendn =vns eentained in the
34
35 CEQA Findings
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37 1. The proposed project has been found to be exempt from the requirements of the
38 California Environmental Quality Act (CEQA) pursuant to Section 15301
39 (Existing Facilities) of the CEQA Guidelines.
40
41 2. The project site is not located on a site listed on any Hazardous Waste Site List
42 compiled by the State pursuant to Section 65962.5 of the government Code.
43
44 3. The Planning Commission reviewed the project documents and considered the
45 comments before making a decision on the project.
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Planning Commission Minutes - December 9, 1997
4. The record of proceedings of the decision on the project is available for public
review at the City of Petaluma, planning Department, City Hall 11 English Street,
Petaluma, California.
Findings for the Conditional Use Permit
7 For the Cardroom:
8
9 1. Find that the proposed 24 hour 7 day /week 15 table cardroom, with a 16 20
10 hour /day (10 6AM to 2AM) Alcoholic Beverage Establishment is consistent with
11 the interpretation, and_ would be ancillary to the principal p�
12 billiard/commercial recreation use of Bankshot Billiards as required by Section
13 21 - 420 of the Zoning Ordinance. and based en findings and Ribjeet te th
14 eenditiens eentained - in the Nevember 1 2, 1 997 staff r
15
16 2. The proposed addition of a cardroom as a permitted commercial recreation activity
17 at Bankshot Billiards, and the operation of a cardroom by Wayne Vieler, as
18 conditioned, will conform to the requirements and intent of the Petaluma Zoning
19 Ordinance Section 21420, and includes conditions requiring improvements which
20 will comply . with all applicable laws, including, but not limited to, the City's
21 building, health, zoning, fire ordinances, and police requirements.
22
23 3. The location of the proposed commercial recreation activity / cardroom is in
24 conformance with Petaluma Zoning Ordinance Section 21- 420.26 which prohibits
25 cardrooms within 250 feet of schools or residential districts. Although the
26 cardroom will be located within two hundred fifty (250) feet of the exterior limits
27 of a residentially zoned district, the cardroom is clearly an ancillary use in the
28 larger commercial recreational use for which Bankshot Billiards is governed by a
29 Conditional Use Permit.
30
31 4. The proposed addition of a cardroom as a commercial recreation activity at
32 Bankshot Billiards, and the operation of a cardroom by Wayne Vieler, as
33 conditioned, is consistent with Petaluma Zoning Ordinance Section 21- 420.22,
34 which limits the number of cardrooms operating in the City to 3, based on
35 population, and limits the number of tables per establishment to 15. As there are
36 currently three (3) cardrooms operating inside City limits, the proposal by the
37 owner /operator of the third, Wayne Vieler (Kodiak Jack's cardroom), to cease
38 operations at 256 Petaluma Boulevard North, prior to the commencement of
39 operations at 246 Petaluma Boulevard North, the approval would not exceed this
40 limit. The proposal to operate 15 tables does not exceed the maximum allowed.
41
42 5. The proposed addition of a cardroom as a commercial recreation activity at
43 Bankshot Billiards, and the operation of a cardroom by Wayne Vieler, as
44 conditioned, will be consistent with Petaluma Zoning Ordinance Section 21- 420.30
45 as relates to operating regulations.
46
47 6. The proposed addition of a cardroom as a commercial recreation activity at
48 Bankshot Billiards, and the operation of a cardroom by Wayne Vieler, as
49 conditioned, will conform to the requirements and intent, goals, and policies of the
50 Petaluma General Plan, which encourages the expansion of small, locally -owned
51 businesses which attract visitors and shoppers downtown and upgrade the
Planning Commission Minutes - December 9, 1997
development of commercial ventures, and supports the economic viability of the
downtown area.
4 7. The proposed addition of a cardroom as .a commercial recreation activity at
5 Bankshot Billiards, and the operation of a cardroom by Wayne veler, will not
6 constitute a nuisance or be detrimental to the public welfare of the community, as
7 conditions have . been imposed as conditions of approval to address any potential
8 adverse operating characteristics and recall/revocation options exist if necessary.
9
10 For the Alcoholic Beverage Establishment
11
12 8. The modification to the existing Alcoholic Beverage Establishment entitlement to
13 permit a sharing of restroom facilities and an expansion of the hours of the bar
14 operation for the new cardroom only, as conditioned, is consistent with the
15 provisions requiring Conditional Use Permits for facilities applying to change their
16 mode and manner of operation, and will conform to the requirements and intent of
17 the Petaluma Zoning Ordinance.
18
19 9. The modification to the existing Alcoholic Beverage Establishment entitlement to
20 permit a sharing of restroom facilities and an expansion of the hours of the bar
21 operation for the new cardroom only, as conditioned, will conform to the
22 requirements and intent, goals, and policies of the Petaluma General Plan, which
23 encourages the expansion of small, locally -owned businesses which attract visitors
24 downtown and further the development of commercial ventures, and supports the
25 economic viability of the downtown area.
26
27 10. The modification to the existing Alcoholic Beverage Establishment entitlement to
28 permit a sharing of restroom facilities and an expansion of the hours of the bar
29 operation for the new cardroom only, will not constitute a nuisance or be
30 detrimental to the public welfare of the community, as a Conditional Use Permit
31 will provide a benefit to the community by virtue of its presence, and ability to
32 regulate the Alcoholic Beverage Establishment.
33
34 11. The modification to the existing Alcoholic Beverage Establishment entitlement to
35 permit a sharing of restroom facilities and an expansion of the hours of the bar
36 operation for the new cardroom only, as an Alcoholic Beverage Establishment is
37 consistent with the requirements set forth in Zoning Ordinance Section 21-
38 430.24(A)(1 through 13), as conditions have been imposed to regulate operating
39 characteristics.
40
41 Conditional Use Permit Conditions
42
43 1. All mitigation measures and conditions of approval of the May 23, 1995 CUP shall
44 remain valid and applicable as appropriate to this proposed amendment.
45
46 2. Hours of operation for the Bankshot Billiards office use may continue to be 24
47 hours, 7 days per week. Hours of operation for the commercial recreation uses
48 shall continue to be limited to 12:00 Noon to 2:00 AM, 7 days per week, with the
49 exception of the cardroom, which shall be permitted to operate 24 hours per day, 7
50 days per week. Hours of operation for the alcoholic beverage establishment shall,
51 for Bankshot Billiards, remain from Noon to 2AM, and shall be expanded for the
Planning Co mmissi on Minutes - December 9, 1997
1
cardroom only, which shall be permitted alcohol service from LOAM to 2AM
2
X114, 7 days per week.
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4
For the Cardroom:
5
6
3.
This CUP amendment authorizes inclusion of a cardroom as a component of the
7
commercial recreation use at Bankshot Billiards.
8
9
4.
This CUP to operate a cardroom at Bankshot Billiards at 246 Petaluma Boulevard
10
North is hereby issued exclusively to Wayne Vieler. The cardroom use shall be
11
operated in the manner described in the applicants application packets dated
12
October 3rd, October 10th, October 24th and October 31st. Any proposed change
13
in mode or manner of operations shall require an amendment to the CUP. The
14
CUP shall not be assigned, transferred, enlarged, expanded, or mode and/or
15
manner of operation changed without prior notification to the Planning Director,
16
and subsequent review by the Planning Commission per Zoning Ordinance Section
17
21- 420.14 and 21420.16. Any change in location, expansion, conversion, etc. of
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the cardroom facility shall be subject to Planning Commission review per Zoning
19
Ordinance Section 21- 420.18.
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5.
The cardroom use (operation of the 15 card tables), shall not continence unless and
22
until the cardroom permit issued to Wayne Vieler and Kodiak Jack's Honky Tonk
23
and Saloon at 256 Petaluma Boulevard North has been surrendered.
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25
6.
The cardroom use (operation of the 15 card tables), shall not commence unless and
26
until a " cardroom permit" per the Petaluma Municipal Code, and all other
27
appropriate licenses and approvals have been received from the State of California
28
Department of Justice, Alcoholic Beverage Control, and the City of Petaluma.
29
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7.
Operation of the cardroom shall be in compliance with all regulations governing
31
the operation of cardroom facilities per Sections 21420 -00 through 2142042 of
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the Petaluma Zoning Ordinance, and all provisions of Chapter 6.20 of the
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Petaluma Municipal Code.
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35 8. The operation of the cardroom shall be subject to annual review by the Chief of
36 Police. Should the Police Chief find that security problems are caused by the
37 cardroom operation and that additional conditions to regulate this operation are
38 necessary, he shall recommend review by the Planning Commission which shall
39 consider the concerns and may modify existing conditions or impose additional
40 conditions as deemed necessary.
41
42 For the Alcoholic Beverage Establishment:
43
44 9. Alcohol service shall be provided to the cardroom by the owners/employees of
45 Bankshot Billiards. All employees shall comply with Alcoholic Beverage Control
46 (ABC) laws and regulations. Suspension of the business owners license by the
47 ABC may be basis for revocation of this conditional use permit. Only beer and
48 non - alcoholic beverages may be sold or offered to the cardroom without an
49 amendment to this Conditional Use Permit. Off - premise sales of alcohol shall not
50 be permitted.
51
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Planning Commission Minutes - December 9, 1997
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General Conditions:
10. Parking shall be provided either on -site or within 300' of the use. Parking shall be
based on one (1) space per cardroom employee (including security personnel), and
one (1) space per each three card players. Based on a 15 table maximum with a
maximum of 10 persons per table, and three (3) employees, parking required is 53
spaces. Parking shall be provided for as many persons/tables as have received a
card table permit on file with the City's Finance Department.
Parking area(s) provided must comply with Zoning Ordinance regulations and be
improved with a dustless surface. Agreements must be executed and copies filed
with the Planning Department indicating the number of seats/players for which
parking is being provided; and location, term of commitment, time (hour)
limitations and space numbers (if applicable) prior to commencement of use and
the issuance of a care table permit. Parking agreement(s) shall be maintained for
the duration of the business' operations and kept on file with the Planning
Department. Loss of parking shall result in a corresponding reduction of number
of seats/tables permitted. An increase in seats/card tables may not occur without
the prior approval of the Planning, Police and Finance Departments.
11. All requirements of the Building Division shall be complied with including:
a. A tenant improvement permit is required for the conversion of the
corridor to a cardroom. Plans are required for the conversion to a
cardroom.
b. A California Licensed Architect or Engineer is required to sign and
stamp the plans.
C. Plans must show compliance to 1994 UBC, UPC, UMC, and 1993
NEC. Plans must also show compliance to current Title 24 energy
conservation and/or Disabled Access Requirements.
d. Provide four (4) sets of plans showing proposed work.
e. On plans specify occupant load of the building and each space
(billiards and cardroom). Provide calculations showing square footage of
each space and use.
f. Provide exits per UBC Sections 1003 and 1004. Show compliance
on plans.
g. Provide light and ventilation that complies to UBC Chapter 12 for
the cardroom. Show compliance on plans.
h. Provide sanitation facilities and number of plumbing fixtures per
UBC Chapter 29 and Appendix Chapter 29. The number of plumbing
fixtures required should be based on the total occupant load of Bankshot
Billiards and Kodiak Jack's cardroom.
i. Identify, on plans, all required exits and indicate exit signs.
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Planning Commission Minutes - December 9, 1997
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j. Provide sign over main exit door stating, "This door to remain
unlocked during business hours".
k. Specify type of hardware for all doors.
12. All requirements of the Fire Department shall be complied with including:
a. Provide one fire extinguisher, 2AIOBC type, for each 3,000 sq.ft. of floor
space and/or a maximum travel distance of 75 feet.
b. Post address at or near main entry door - minimum four (4) inch
letters on contrasting background.
C. Address locator required to be posted at or near the driveway
entrance. Reflectorized numbers are acceptable. Location and design to
be approved by the Fire Marshal's office.
d. Post an occupant load sign in a conspicuous place near the main
exit from all rooms designated as "Assembly Areas ". The sign shall read as
follows:
Maximum Occupants: General 160
e. Use of extension cords in lieu of permanent wiring is prohibited.
f. Provide metal or flame retarding plastic waste cans.
g. This business will require an annual fire department permit for
assembly. The permit fee of $60.00 is due and payable.
h. Provide an exit sign over all required exit doors.
i. Emergency exit lighting shall be provided at or near all exits and as
designated by the Fire Marshal's office.
j. All emergency lighting, exit sign lights, shall have two separate
sources of power as required in the Building Code.
k. The Exit door to the billiard hall is not to have latching devices.
13. All requirements of the Police Department shall be complied with including:
a. No juveniles (under 18 years of age) shall be allowed in the cardroom at
any time.
b. Prior to commencement of use, the owner /operator of the business
shall provide the following to the Police Department:
1. Provide documentation showing compliance with all
other City of Petaluma requirements.
2. Provide a completed business license application.
3. Submit the following information: number of
employees, completed state certification of all employees
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Planning Commission Minutes - December 9, 1997
1 4. Proof of compliance with all state regulations
2 regarding cardroom operation.
3
4 C. Security cameras shall be located at all access areas, card tables and
5 areas of money transactions. An inspection shall be required by the Police
6 Department prior to commencement of use.
7
8 d. One security person shall be on site 24 hours a day, 7 days per
9 week. This shall be increased to two security personnel when Bankshot
10 Billiards is not open for business.
11
12 manager may act as second security person. al training, car&OOrn
13
14 14. This use permit may be recalled to the Planning Commission for review and
15 approval at any time due to complaints regarding lack of compliance with
16 conditions of approval, traffic congestion, noise generation, or other adver
17 operating characteristics. se
The cardroom use shall be reviewed by the Planning
1 8 Director at six month intervals including a survey of Police, neighborhood and
19 applicant. The Planning Director shall provide status reports to the Planning
20 Commission. At such time, the Commission may revoke the use permit or
21 add/modify conditions of approval.
22
23 15. The applicants/developers shall defend, indemnify, and hold harmless the City or
24 any of its boards, commission, agents, officers, and employees from any claim,
25 action or proceeding against the City, its boards, commission, agents, officers, or
26 employees to attack, set aside, void, or annul, the approval of the project when
27 such claim or action is brought within the time period provided for in applicable
28 State and/or local statutes. The City shall promptly notify the
29 applicants/developers of any such claim, action, or proceeding. The City shall
30 coordinate in the defense. Nothing contained in this condition shall prohibit the
31 City from participating in a defense of any claim, action, or proceeding if the City
32 bears its own attorney's fees and costs, and the City defends the action in good
33 faith
34
35
36 NEW BUSINESS/PUBLIC HEARIN G:
37
38 IV. HERITAGE SUBDIVISION, RIESLING ROAD AT QUINCY WAY; AP
39 NO. 137- 070 -070; FILE NO'S REZ97004, TSM970030d),
40
41 Consideration of 104 unit detached single family residential subdivision in the
42 Corona/Ely Specific Plan Area. Actions include:
43
44 1. Recommendation to the City Council for adoption of Mitigated Negative
45 Declaration,
46 2. Recommendation to the City Council to approve PUD Development Plan
47 and Development Standards,
48 3. Recommendation to the City Council to approve Tentative Subdivision
49 Map.
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Planning Commission Minutes - December 9, 1997
1
2 Principal Planner McCann presented the staff report.
3
4 The public hearing was opened.
5
6 SPEAKERS:
7
8 Commissioner Healy - Questions regarding transferable development rights (TDR's),
9 overall project density, and Urban Separator policies.
10 Principal Planner McCann - Discussed the General Plan Urban Separator and TDR's.
11 Bob Rogers - Ryder Homes (applicant) - Presented the project.
12 Commissioner Maguire - Questions regarding the existing easement (Mustang Court);
13 what if Council doesn't use eminent domain?
14 Lynn Cominsky - (Mustang Court property owner's representative) - Not yet in
15 agreement with Ryder Homes regarding existing easement; have not worked out drainage
16 issues; one property owner has additional request/condition; existing storm drainage plans
17 insufficient; balance of issues have been agreed upon.
18 Commissioner Maguire - Questions regarding storm drain adequacy.
19 Ron Malone - 909 Mustang Court - operates a cutting horse operation; aesthetics,
20 density concerns; specific issue is with cattle/hay/horse truck access; existing access is
21 private road; improved access to public school will cause inferior access to his property;
22 new homeowners will complain about tricks - will diminish value of his property; simple
23 request is to allow a separate gravel drive across Urban Separator to allow second (and
24 exclusive) access to his property; this access will cost nothing (300 ft. gravel road - he will
25 maintain).
26 Commissioner Healy - How many trips do trucks/trailers generate daily?
27 Ron Malone - 10 -15 per day maximum; some access history when Sonoma Mountain
28 Parkway was put in, half of easement was given up; request for second access is a
29 reasonable request.
30 Commissioner Vieler - Is any other access available?
31 Ron Malone - Discussed an access with Mr. Gatti several years ago - he did not like
32 proposal.
33 Planning Director Tuft - Parks and Recreation Director concerned with precedent of
34 allowing access across the Urban Separator; maintenance and liability would be
35 negotiated.
36 Commissioner Vieler - How would Mr. Malone's continued access fronting school
37 property be insured in future? How will safety concerns with trucks be addressed?
38 Planning Director Tuft - Recorded deed notices advising of agricultural / right -to -farm
39 uses in vicinity.
40 Commissioner Feibusch - Questions regarding drainage concerns.
41 Craig Spaulding, Associate Engineer - Answered concerns regarding drainage in area;
42 described storm drain design to conform to SCWA requirements.
43 Commissioner Healy - Could detention pond be created in this area?
44 Commissioner Maguire - Could low spots be created in Urban Separator to act as
45 detention ponds?
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Planning Commission Minutes - December 9, 1997
1 Planning Director Tuft - We could ask developer to look at this idea for feasibility.
2 Commissioner Bennett - Who's responsibility is runoff? Existing drainage is a problem,
3 should 'SCWA be involved?
4 Planning Director Tuft - Runoff that already exists sheetflows across this property; can
5 refer existing property owner drainage concerns to SCWA.
6 Principal Planner McCann - City does not allow drainage to be worsened by a new
7 development.
8 Craig Spaulding - Runoff will be lessened with this development.
9 Lynn Cominsky - Old plans (Americana) did not adequately address existing drainage
10 problems; why should we believe that drainage plans for this project will be adequate?
11 Commissioner Feibusch Concerns regarding circulation - insure that circulation
12 continues to all areas; pathways must continue unbroken.
13 Planning Director Tuft - Staff is working with Jr. College to ensure unbroken linking of
14 pathways within the Urban Separator.
15 Commissioner Feibusch - Who will maintain Urban Separator interface landscaping?
16 Planning Director Tuft - Landscape Assessment District (LAD) will be formed with this
17 development.
18 Commissioner Healy - Are these streets standard size?
19 Craig Spaulding - yes, 32' for minor streets in a subdivision.
20 Commissioner Broad - Regarding density - General Plan says map density shall not
21 exceed 5 units per acre - this project should not exceed 90 units.
22 Planning Director Tuft - Overlay zone allows for transfer of density (look at overall
23 intent) value of Urban Separator for density calculation (City doesn't buy Urban Separator
24 as compared to Park designated lands which have no density potential).
25 Principal Planner McCann - Discussed the city's practice in the application of Policy 13
26 (page 32) of the General Plan; staff interpretation of density transfer is consistent with
27 previous projects.
28 Commissioner Healy - Some setbacks (specifically rear yards) are way too small; less
29 than R -1 6,500 standards.
30 Commissioner Thompson - Project is too dense; redesign with larger backyards;
31 feathering doesn't really exist.
32 Commissioner Maguire - Feathering doesn't exist; rear setbacks should be larger.
33 Commissioner Feibusch - Developer should return with changes including larger rear
34 yard setbacks, feathering.
35 Commissioner Healy - Agrees with SPARC findings on design; design not a major
36 concern.
37 Commissioner Vieler - Project too dense.
38 Commissioner Broad - Would like full size Tentative Map with next submittal; developer
39 needs to continue working with neighbors.
40 Commissioner Bennett - Does not have a problem with gravel driveway across the
41 Urban Separator.
42 Commissioner Vieler - During redesign of project, drainage needs to be addressed.
43 Commissioner Maguire - Drainage design needs to take care of problems; look at
44 creation of detention ponds.
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Planning Commission Minutes - December 9, 1997
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The public hearing was closed.
Consensus Continue to January 27, 1998 Planning Commission meeting to allow
developer to redesign to reduce density, provide larger rearyards.
ADJOURNMENT: 10:12 PM
min 1209 / plan9l
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