HomeMy WebLinkAboutMinutes 02/10/1998Planning Commission Minutes - February 10, 1998
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CITY OF PETAL U1KA
PLANNING COMMISSION MINUTES
REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL, PETALUMA; CA
February 10, 1998
7:00 PM
Commissioners Present: Bennett, Broad, Feibusch *, Healy, Torliatt, Thompson, Vieler
Commissioners Absent: None.
Staff Pamela A Tuft, Planning Director
Vincent Smith, Principal Planner
Bonne Gaebler, Housing Administrator
Craig Spaulding, Associate Civil Engineer
* Chairperson
PLEDGE OF ALLEGIANCE
MINUTES OF JANUARY 13, 1998 were approved with corrections.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Congratulations to Vincent Smith on his promotion to
Principal Planner. A response memo regarding Housing Element questions will be
included in a future packet.
COMNIISSIONER'S REPORT: Congratulations to Vincent Smith. Commissioner
Torliatt indicated that a joint Chamber of Commerce /City Council meeting was held last
night regarding Highway 101 widening.
CORRESPONDENCE: Letter and video tape from Gina Tomrose regarding Kehr
project: document distributed regarding St. Vincent's project.
APPEAL STATEMENT: Was read.
LEGAIL RECOURSE STATEMENT: Was noted on the agenda.
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Planning Commission Minutes - February 10, 1998
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NEW BUSINESS:
PUBLIC HEARINGS:
I. CITY OF PETALUMA, ST. VINCENT DePAUL KITCHEN; 305 PAYRAN
STREET.
Six -month review of Conditional Use Permit and consideration of Minutes
amendment.
Housing Administrator Bonne Gaebler presented the staff report.
The public hearing was opened.
SPEAKERS:
Commissioner Thompson - Have complaints increased?
Housing Administrator Gaebler - No, but it was expected that complaints would
decrease with current conditions and they have not.
Ed Conroy - Coordinator of St. Vincent's Kitchen - Supplied budget information;
utilities were higher this year (City paid half of utilities up to last year); much food is
donated; no rent, no maintenance; kitchen doesn't just feed people at this site, they
distribute excess food; last Christmas day there were 343 people; daily average currently
is 133; do not have money to moveibuild another site; submitted a security management
plan (used COTS's plan as a guideline); only two paid employees; Petaluma should be
proud of the Kitchen.
Commissioner Healy - (to Mr. Conroy) - Are you the liaison person with the
neighborhood?
Ed Conroy - Yes; has attended all neighborhood meetings; Ms. Gaebler (to my
knowledge) has never been to the kitchen, she needs to see what is going on there.
Tom Sikes - 26 8th Street - Business and building owner in neighborhood; president of
Neighborhood Committee; agencies helping homeless define the neighborhood; Ed
Conroy has been meeting with neighborhood for the last six months; Officer Vale/Bonne
Gaebler have been hearing neighborhood concerns - thanked City staff; commended the
Kitchen - supplying a very important service; 90% of people using kitchen do not cause
problems.
Dena Grunt - 426 Wilson - Thanked Bonne Gaebler and City staff, completely supports
the Kitchen, but a minority of patrons are a problem; drugs, drinking, loitering; husband
has found hypodermic needles, drugs in neighborhood; cannot say these drugs came from
patrons of the kitchen; not suggesting dismantling the Kitchen, just place restrictions on
who is served; consider Ms. Gaebler's recommendations.
Camille Przewodek - 522 E. D Street - Lots of progress has been made in the
neighborhood; has been working with COTS, they deal with the problems; packages have
been stolen from homes in area; drug dealing in neighborhood; known drug houses in
area - patrons of kitchen; spends lots of time policing neighborhood; City needs to take
care of problems in this facility.
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Planning Commission Minutes - February 10, 1998
1 Pamela Morris - 608 E. D Street - Has worked with Bonne Gaebler; Bonne has been to
2 the kitchen; we've only asked Mr. Conroy one thing - please do not serve these 10%
3 problem people - they adversely affect neighborhood continuously throughout the day;
4 Mr. Conroy refuses not to serve this 10 %.
5 Pete Colasanti - 524 E D Street - Daughter and two friends were bothered by certain
6 patrons of the Kitchen; Officer Bixler instrumental in trying to correct some of these
7 problems - "stonewalled" by Mr. Conroy.
8 Daymon Doss - Petaluma Healthcare - Supports work of kitchen; free clinic clients have
9 some problems but they are dealt with on an individual basis; where will we feed the 10%
10 of probiem people? Where will they go?
11 Chairman Feibusch - (To Mr. Doss) How do you deal with problem people at your
12 facility?
13 Daymon Doss - We have a security guard who asks them to leave; have not had the same
14 neighborhood problems (note - free clinic is now located on Southpoint Blvd.).
15 John Records - COTS - Has worked closely with Bonne Gaebler - she has worked
16 continuously to solve problems; concerns of neighbors need to be taken seriously; Mr.
17 Conroy has responded and worked with COTS more closely than he may have
18 communicated; some COTS Opportunity Center members may be part of this problem.
19 Commissioner Thompson - What constitutes expulsion from COTS program?
20 John Records - Depends on circumstances - sometimes one incident is enough; works
21 very closely with Police.
22 Commissioner Torliatt - What agencies work with COTS?
23 Commissioner Vieler - Are there security guards at COTS?
24 John Records - All staff act as security.
25 Commissioner Broad - Do people that are expelled come back?
26 John Records - Sometimes they are still seen.
27 Matt Maguire - In agreement with neighborhood tonight; neighborhood concerns are
28 accurate; admires Mr. Conroy's work; agreement with City/Kitchen has not been kept;
29 rules of decorum need to be enforced; commends neighbors for not exaggerating, but
30 there are problems.
31 David Nielson - (homeless person) - Volunteers at Kitchen every day; thanked people at
32 the Kitchen for all their help; cannot work with COTS people; COTS gives away his bed
33 sometimes; has a job, is turning his life around; no one calls Police when he has things
34 stolen at COTS; cannot sleep at COTS any longer; many of these problems are coming
35 from COTS, not the Kitchen.
36 Tom Sipes - Neighborhood asked Mr. Conroy to limit service to problem patrons -
37 another organization needs to monitor the situation, organize some way of having another
38 organization interact with St. Vincent's.
39 Commissioner Thompson - I'm sure Police Chief Parks is working on drugs, other
40 problems in the neighborhood.
41 Tom Sipes - Maybe a satellite kitchen could be opened to deal with 10% of patrons who
42 are problem; City needs to deal with the problem - it is not going to go away.
43 Ed Conroy - Not trying to have a confrontation; Officer Bixler has done a good job;
44 asked Police Department how many calls have come from this area - they said they
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Planning Commission Minutes - February 10, 1998
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couldn't give an accurate count; some homeless people have had comments made to them
from the neighborhood too; there are not big problems at the kitchen.
Commissioner Mealy - (To Mr. Conroy) Regarding your letter dated January 10, are you
willing to refuse service to people who are disruptive in the neighborhood?
Ed Conroy - Yes, I think so.
Commissioner Torliatt - Mr. Conroy's January letter states he is not willing to comply
with a "three strikes" procedure.
Commissioner Healy - Cannot support staff recommendation; conditions are not tight
enough to determine if Kitchen is out of compliance.
Commissioner Torliatt - Neighborhood is being very compassionate; supports staff
requested actions; don't know how we will deal with this problem.
Housing Administrator Gaebler Has been meeting with County Mental Health
Services - has been working on obtaining these services.
Commissioner Bennett - Commends Bonne Gaebler; also commends Kitchen; not
happy that conditions of the Kitchen CUP have not been met; Planning Commission
could revoke the Use Permit; must deal with neighborhood problems; some of the 90% of
non - problem patrons could help in policing the other 10 %.
Commissioner Thompson - Some people who are making neighborhood unbearable
need to go elsewhere or act properly.
Commissioner Vieler - In spite of Mr. Conroy's good intentions, he is not acting
responsibly - suggestions: Identify problem people; place their picture in the Kitchen -
these people should be denied services; use neighborhood to help police; three month
progress report; possible need for security guard at this point; six month review with
possible CUP revocation; Kitchen needs to be more responsible.
Commissioner Broad - Impressed with neighborhood; appreciates work of Kitchen;
Kitchen needs to focus on need to continue serving 90% of non - problem patrons who
could "lose out" if CUP were revoked; Kitchen needs to work with staff.
Commissioner Feibusch - Has known Mr. Conroy for many years - knows how hard he
works; very serious problems need to be resolved; security management plan needs to be
expanded; agrees with staff report; can be more flexible with timeframe for response.
Commissioner Vieler - Mental health issue is a very real problem.
Commissioner Healy - Approved CUP conditions - let's explore alternative ways to get
meals to patrons; "three strikes" not part of original conditions; tighten up policies;
progressive discipline approach needs to be put in place - should be added as a condition;
set up a committee including Police /neighborhood/Kitchen representative.
Commissioner Vieler - Does the Kitchen have a legal right to exclude people? (Answer
Yes).
Commissioner Bennett - Kitchen needs to come up with workable plan; Committee is a
good idea; kitchen needs to take initiative to help solve problems; work with staff as soon
as possible on implementation of a plan.
Planning Director Tuft - would request that a Committee be authorized as
recommended with the addition of Bonne Gaebler; add condition to form a Committee to
develop policies.
Chairman Feibusch - Believes Kitchen/neighborhood /staff should all understand what
needs to be done after this discussion.
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Planning, Commission Minutes -February 10, 1998
1 Commissioner Healy - Wants it clear that St. Vincent's doesn't have to turn people away
2 if there are more than 175 patrons - remove wording "limit" on Condition 1.
3 Planning Director Tuft - Recommends Planning Commission meeting of April 14 for
4 re- review.
5 Commissioner Vieler - Strong input from neighborhood - does neighborhood feel there
6 is an adequate plan being discussed tonight?
7 Tom Sipes - Yes, but do not put neighborhood at risk.
8 Commissioner Healy - Committee responsible for identifying problem patrons - will we
9 be deleting Condition 5?
10 Commissioner Bennett - We cannot delete Condition 5 - it is not such a difficult task.
1 l Planning Director Tuft - We can delete the word "implemented ".
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13 The public hearing was closed.
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15 A motion was made by Commissioner Bennett and seconded by Commissioner Healy to
16 require St. Vincent's to take steps to ensure compliance with amended Conditional Use
17 Permit conditions, as set forth below, in order to deal with the small but disruptive
18 portion.of the Kitchen's clientele, and to schedule this CUP for review for compliance at
19 the Planning Commission Meeting of April 14, 1998:
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21 Commissioner Bennett: Yes
22 Commissioner Broad: Yes
23 Chairman Feibusch: Yes
24 Commissioner Healy: Yes
25 Commissioner Thompson: Yes
26 Commissioner Torliatt: Yes
27 Commissioner Vieler: Yes
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29 Amended Use Permit Conditions
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31 (Italics =Amended at August 12, 1997 Meeting)
32 (Bold/Italics =Added at February 10, 1998 Meeting)
33 (Bold Overstrike = Deleted at February 10, 1998 Meeting)
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35 1. If the daily number of on -site diners exceeds 175 (excepting
36 holiday periods) St. Vincent's shall be required to commence preparation of a
37 contingency plan for additional diners in cooperation with, and subject to, the
38 approval of the City of Petaluma Housing Division by OettebeF 1 ; 097.
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40 2. A security management Plan (loitering control, neighborhood patrol, etc.) shall be
41 developed, subject to review and approval of the Petaluma Housing
_ 42 Administration, and implemented prior to the six -month review by Planning
43 Commission.
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45 3. The "Rules of Decorum" (developed by consensus during a year -long series of
46 meetings of neighborhood agencies (including St. Vincent's), businesses and
47 residents (copy available through the Petaluma Housing Administration) shall be
48 posted in the facility and shall be enforced by the operator of the kitchen.
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Planning Commission Minutes - February 10, 1998
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4.
The operation of the kitchen shall designate a Neighborhood Liaison Person, who
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will participate in the Old East Petaluma Neighborhood Association. The name
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and phone number of that liaison will be available to the housing Administrator,
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Planning Director, and of the Neighborhood Association.
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5.
A long -term plan for alternate meal sites shall be developed, subject to review and
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approval of the Petaluma Housing Administrator, and implemented prior to the
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two -sip -month review.
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to
6.
The Conditional use Permit shall be subject to a six mouth review at the
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Planning Commission Meeting of April 14, 1998 with the intent to indicate
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fewer people loitering in the neighborhood, as measured by fewer complaints
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from neighbors and data from the Petaluma Police Department.
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7.
Members of the Committee On The Shelterless (COTS) shall be given access to
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the building (with approval from St. Vincent de Paul) during non-food service
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hours for the purpose of holding meetings, appointments, etc.
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8.
A Committee consisting of representatives from St. Vincent's, the
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neighborhood, COPPS, and the City of Petaluma Housing Administrator shall
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be formed to establish policy regarding kitchen patrons who demonstrate lack
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of respect to the neighborhood. Committee shall formulate progressive
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thresholds toward revocation of privileges/banishment from the facility.
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Committee shall be formed and establish draft policies prior to April 14, 1998
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Planning Commission review.
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H.
KEHR APPEAL; WALT KEHR; 2388 "I" S'T'REET; AP NO. 019 - 401 -024.
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Consideration of an appeal of administrative approval of a Conditional Use Permit
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to allow a 640 sq.ft. accessory dwelling unit.
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33 Principal Planner Vincent Smith presented the staff report
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35 The public hearing was opened.
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37 SPEAKERS:
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39 Commissioner Torliatt - Questions regarding parking requirements.
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41 Jan Nugent - 2341 I Street - Deny this project - too dense, flooding concerns; confusion
42 over addresses and parcel numbers.
43 Planning Director Tuft - Clarified that separate addresses do not denote separate lots.
44 Jan Nugent - Needs reassurance that there will not be two lots in the future; questions
45 regarding parking - would this CUP be revoked if there is not enough parking?
46 Planning Director Tuft - Yes, provision of required parking would be strictly enforced
47 through the site design and building permit review process.
48 Gina Tomrose - 103 Westridge - Showed video of flooding /drainage in area February 6,
49 1998.
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Planning Commission Minutes - February 10, 1998
1 Craig Spaulding - Explained drainage area seen in video (location of manhole);
2 described flood design criteria - drainage worked as it was designed; rainfall was intense.
3 Planning Director Tuft - Suggested contacting new property owner regarding placement
4 and type of landscaping.
5 Gina Tomrose - West side of town more appealing than east side because of density; this
6 area is becoming like east side; new cracks in her home, drainage problems, backyard is
7 saturated, lived in home 5 years, this is just happening now, soils engineer needs to come
8 and look at situation; questions regarding parking adequacy.
9 Nancy Kemp - 2488 Sunset Terrace - This construction has impacted her home /views;
10 now looking at 3 -4 new units; open space disappearing; large driveway area to look down
11 on.
12 Walt.Kehr - Applicant - Regarding flooding on February 6 - there was lots of water all
13 over town; Mr. Sabourin (previous property owner) indicated drainage is better now than
14 before Westridge project was built; large lot, can handle accessory unit; does not exceed
15 height limitations; meets all setbacks.
16 Gina Tomrose - House at 2390 I is very massive - steep roof, 23 eucalyptus trees were
17 removed from this lot (without permission).
18 Leonard Sabourin - 2390 1 Street - Drainage problem has been in this area since 1983;
19 these new units have not caused any more drainage problems; last week was a severe
20 storm.
21 Paul Allen - (Grandson of Mrs. Ferrin) - Grandparents owned 2432 1 Street; dealing with
22 problems that are none of our doing; attempt to avoid this type of situation in future
23 (small remainder parcels); we need to realize that there will be progress - future
24 development will occur; minimize effects to current residents; concerns with parking.
25 Commissioner Broad - Accessory dwelling meets intent of Zoning Ordinance; specific
26 concerns however - many trees have been removed from this site, suggested more
27 landscaping be required to provide more screening; full SPARC because of controversy
28 (notice :neighbors); look at lot -to -lot drainage; would like to see concrete driveway
29 surface; Section 21.201 -1 Section C - would this require a 25' setback?
30 Planning Director Tuft - Commission could specify a 25' setback.
31 Commissioner Vieler - Can accessory unit be sold separately?
32 Planning Director Tuft - No.
33 Commissioner Vieler - Questions regarding eucalyptus tree removal - how many were
34 removed? what was process? Would Mr. Kehr be able to build here if he hadn't removed
35 trees?
36 Planning Director Tuft - City has allowed removal of eucalyptus in past when
37 replacement trees are provided.
38 Commissioner Vieler - Is there any way for the City to examine the Tomrose house to
39 see if cracks are being caused by nearby construction?
40 Planning Director Tuft - May be a civil issue, but will help in any way possible.
41 Commissioner Vieler - (To Craig Spaulding) - Can the City check drainage?
42 Craig Spaulding - City can check for blockage; will discuss with Sonoma County Water
43 Agency and check their records.
44 Commissioner Vieler - Should be a responsibility on City /County part to determine if
45 any problems with drainage caused by new construction.
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Planning Commission Minutes - February 10, 1998
1 Planning Director Tuft - Staff will investigate drainage in area and report back to
2 Planning Commission.
3 Commissioner Thompson - Full SPARC should be required; landscape for screening;
4 bring drainage information from Engineering to next meeting.
5 Commissioner Torliatt - Full SPARC should be required; address lot -to -lot drainage;
6 Engineering Department to check drainage.
7 Commissioner Healy - Agrees with all conditions; keep building centered on lot as
8 proposed; would like to see more information on flood criteria design.
9 Commissioner Feibusch - Do not change setbacks; add more landscaping; require paved
10 driveway.
11 Commissioner Broad - Follow -up on address issue for safety reasons.
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13 The public hearing was closed.
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15 A motion was made by Commissioner Thompson and seconded by Commissioner
16 Bennett to find the project exempt from CEQA, deny the appeal, and approve the
17 Conditional Use Permit to authorize the establishment of an Accessory Dwelling Unit
18 subject to the findings and based on the amended conditions listed below:
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20 Commissioner Bennett: Yes
21 Commissioner Broad: Yes
22 Chairman Feibusch: Yes
23 Commissioner Healy: Yes
24 Commissioner Thompson: Yes
25 Commissioner Torliatt: Yes
26 Commissioner Vieler: Yes
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28 Findings:
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30 1. The proposed construction of a detached, one -story accessory dwelling unit, as
31 conditioned, conforms to the requirements of the R -1, 10,000 Zoning District of
32 the Petaluma Zoning Ordinance.
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34 2. The proposed construction of a detached, one -story accessory dwelling unit
35 complies with the provisions of Section 21 -408 of the Zoning Ordinance, where
36 the maximum living area of this accessory dwelling unit does not exceed 640
37 square feet; is placed on a permanent foundation; complies with the height
38 restrictions and setbacks for an accessory dwelling unit (less than twenty -one feet
39 in height, twenty -five feet from the rear property line where five feet is allowed,
40 sideyards greater than 42 feet in width where a minimum width of four feet is
41 allowed); provides two parking spaces for the two bedroom accessory dwelling
42 unit; provides approximately 3,5000 square feet in open space which exceeds the
43 requirement to provide at least 100 square feet of usable open space; and is
44 architecturally compatible with the principal residence.
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Planning Commission Minutes - February 10, 1998
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3.
The proposed construction of a detached accessory dwelling unit, on a site with a
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Suburban Residential General Plan land use designation, will conform to the
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requirements, intent, goals, and policies of the Petaluma General Plan.
Specifically, this
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proposal adheres to the requirements and/or intent of the
Petaluma General Plan where the Housing Section has these objectives:
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(a) provide a range of housing types.
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(d) provide housing opportunities for persons of all economic levels.
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(e) insure a choice of housing types and locations to all persons regardless of
sex, cultural origin, age, marital status or physical handicaps
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4.
The proposed construction of two detached units on one lot is exempt from the
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California Environmental Quality Act (CEQA) per Section 15303, Class 3(b)
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when limited numbers of new small structures are proposed.
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CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT
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CUP97031:
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From the Building Inspection Department•
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1.
Grading must be certified when completed to indicate compliance with approved
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plans and will be required for occupancy.
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2.
All roofing shall be "B" rated of better per Ordinance No. 1744/1988.
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3.
Show site drainage and grading topography.
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4.
Indicate all utilities on the site plan.
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5.
The responsible party is to sign the plans.
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6.
`Submit soils report to verify foundation design.
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7.
:Indicate group occupancy, type of construction and square footage.
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8.
Plans must show compliance to 1994 UBC, UPC, UMC and 1993 NEC. Plans
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must also show compliance to current Title 24 Energy Conservation and/or
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Disabled Access Requirements.
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9.
Provide structural calculations for all non - conventional design items.
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10.
Certify finished floor elevation before occupancy.
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Planning Commission Minutes - February 10, 1998
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From the Water Department:
11. Provide separate water and sewer service and a water meter for the accessory
dwelling. Locate the water meter for the City's water utility easement fronting on
the private road per City Standards.
From the Planning Department:
12. a. Construction activities shall comply with applicable Zoning Ordinance
and Municipal Code Performance Standards (noise, dust, odor, etc.). All
City- authorized grading and construction activity shall be limited to the
hours between 7:00am and 6:00pm Monday through Friday. Indoor work
may be conducted on Saturdays from 9:00am to 5:00pm and must not
exceed the decibel level as addressed within the Noise Ordinance. No
construction work shall be permitted on City recognized holidays and
Sundays.
b. At no time shall future activities exceed. Performance Standards specified
in Section 22 -301 of the Petaluma Zoning Ordinance, and the City of
Petaluma 1987 General Plan.
C. Full ^ a,, inistr -alive Site Plan and Architectural Review (SPARC)
including noticing is required prior to the issuance of a building permit
with emphasis on complimenting architecture and materials with the
quality prevalent for new construction in the neighborhood.
d. A landscaping plan, for the review and approval of the Planning Director,
shall be submitted prior to the issuance of a building permit. Landscaping
shall be installed prior to the Certificate of Occupancy. The type, size and
location of the plants shall be similar to those plant materials depicted on
the revised site plan, dated November 4, 1997, submitted to the Planning
Department. The intent of the landscaping is to minimize any loss of
privacy and provide additional screening to neighbors on Sunset Terrace,
above the accessory dwelling unit. Landscape plans shall be submitted
providing more privacy screening.
13. The project will be subject to the following estimated fees:
a. Water $1,290 (includes $40 for water
meter)
b. Sewer: $1,000
C. Dwelling. Construction Fee: $180.00 for two bedrooms
d. Storm Drainage Fee: $132.23
(640 square feet at .20661 per square foot)
e. Traffic Mitigation Fee: $1,885
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Planning Commission Minutes - February 10, 1998
I f. School Facilities Fees: contact Petaluma School District Offices at 778-
2 4621
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4 14. The applicants shall defend, indemnify, and hold harmless the City or any of its
5 boards, commissions, agents, officers, and employees from any claim, action or
6 proceeding against the City, its boards, commission, agents, officers, or
7 employees to attack, set aside, void, or annul, the approval of the project when
8 such claim or action is brought within the time period provided for in applicable
9 State and/or local statutes. The City shall promptly notify the applicants of any
10 such claim, action, or proceeding. The City shall coordinate in
11 the defense.
Nothing contained in this condition shall prohibit the City from participating in a
12 defense of any claim, action, or proceeding if the City bears its own attorney's fees
13 and costs, and the City defends the action in good faith.
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15 15. Prohibition of lot -to -lot drainage shall be insured.
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17 16 All driveway areas shall be paved
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19 17. Eucalyptus trees (previously removed) shall be replaced on a one to one basis or
20 according to previous ; subject to SPARC review.
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23 III. G &W MANAGEMENT - GREAT PETALUMA MILL; 6 PETALUMA
24 BLVD. NORTH; AP NO. 008-054-004 AND 005; FILE cup97041(hg).
25
26 Consideration of an application for a Conditional Use Permit to establish and
27 operate a fitness center as a Commercial Recreational use within the Great
28 Petaluma Mill Shopping Center.
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30 Assistant Planner Grunt presented the staff report.
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32 The public hearing was opened.
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34 Commissioner Torliatt abstained.
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36 SPEAKERS:
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38 Bill White G &W Management - No problems with staff report except Item L (standard
39 revocation condition, requested clarification).
40 Commissioner Healy - Where will customers exit/enter?
41 Ed Owen - 24 -Hour Fitness - Described exit/entrance.
42 Commissioner Healy - More bicycle racks should be required.
43 Bill White - Will add racks as necessarv.
44 Commissioner Bennett - Supports project.
45 Commissioner Vieler - Happy to see this proposal; will people using exercise equipment
46 be visible from Petaluma Boulevard? Is this appropriate in historic downtown?
47 Planning Director Tuft - Will look at proposed floor plans.
Planning Commission Minutes - February 10, 1998
1 Commissioner Vieler - Has public been noticed regarding possibility of 24 -hour use?
2 (Answer, yes).
3 Commissioner Broad - Terrific proposal - definite need in downtown area; railing along
4 walkway should be repaired.
5 Assistant Planner Grunt - Railroad trestle (railing) is owned by railroad, not Mill
6 owners.
7 Bill White - Described proposed improvements to sea wall/sanitary sewer drains; will
8 restabilize this area - City will save money.
9 Commissioner Broad - Not interested in regulating layout of interior of gym.
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11 The public hearing was closed.
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13 A motion was made by Commissioner Thompson and seconded by Commissioner
14 Bennett to approve a Conditional Use Permit to allow the establishment and operation of
15 a 24 -hour fitness center at 6 Petaluma Blvd. South based on the findings and subject to
16 the amended conditions listed below:
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18 Commissioner Bennett: Yes
19 Commissioner Broad: Yes
20 Chairman Feibusch: Yes
21 Commissioner Healy: Yes
22 Commissioner Thompson: Yes
23 Commissioner Torliatt: Abstain
24 Commissioner Vieler: Yes
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26 CEQA Findings:
27 1. The proposed project has been found to be exempt from the requirements of the
28 California Environmental Quality Act (CEQA) pursuant to Section 15301 Class
29 1(a) because all services and access to meet local standards are available to the
30 site and because the proposed use includes improvements primarily consisting of
31 interior alterations (partition walls, electrical, plumbing, etc.) which are not
32 expected to impact the historic integrity of the buildings or the environment.
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34 2. The proposed project is consistent with Historic District provisions (Section 17-
35 507.1) as the proposed work will neither adversely affect the exterior
36 architectural characteristics or other features of the landmark nor adversely affect
37 the character or historical, architectural or aesthetic interest or value of the
38 landmark and its site. In addition, all exterior modifications will be reviewed by
39 the Historic SPARC.
40
41 3. The project 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 4. The Planning Commission reviewed the project documents and considered the
45 comments before making a decision on the project.
46
12
Planning Commission Minutes - February 10, 1998
1 5. The record of proceedings of the decision on the project is available for public
2 review at the City of Petaluma Planning Department, City Hall, 11 English Street,
3 Petaluma, California.
4
5 Findings for the Conditional Use Permit:
6
7 6. The fitness center, as conditioned, will conform to the requirements and the intent
8 of the Zoning Ordinance. Specifically, the project conforms to the Central
9 Commercial District (Section 12 -403) which allows commercial recreation
10 establishments as a conditional use. The conditions of approval will ensure
11 compliance with the Performance Standards under Article 22 of the Petaluma
12 Zoning Ordinance and provide a procedure for review, modification and/or
13 revocation of the use permit if the conditions of approval are not fulfilled or the
14 Performance Standards are exceeded.
15
16 7. The fitness center, as conditioned, will complement the mix of existing businesses
17 permitted within the Great Petaluma Mill Shopping Center approved by the
18 Petaluma Planning Commission in 1975 through the approval of a master plan to
19 remodel and revitalize the building.
20
21 8. The proposed fitness center site is within the Community Commercial land use
22 designation of the General Plan. For this land use designation, the fitness center
23 will fulfill the related intent, goals and policies of the Petaluma General Plan
24 which includes adaptive re -use of a historic building(s), employment, encourages
25 the attraction of shoppers to the downtown, encourages local residents to shop
26 downtown, and provides for improving the mix of uses.
27
28 9. The proposed fitness center as a commercial recreation activity in the Great
29 Petaluma Mill Will not constitute a nuisance nor be detrimental to the public
30 welfare of the community because conditions of approval have been imposed to
31 address any potential adverse operation characteristics and recall/revocation
32 options exist if necessary. Building and Fire Department conditions of approval
33 will also ensure the public safety.
34
35 Conditional Use Permit Conditions:
36
37 1. All requirements of the Planning Department shall be complied with, including:
38
39 a. Approval is granted to allow operation of a fitness center in approximately
40 23,000 square feet of existing space within the Great Petaluma Mill as
41 described in the application (including maps and plans submitted) and this
42 staff report, except as modified by these conditions.
43
44 b. Any proposed expansion to the use deemed to be significant by the
45 Petaluma Planning Director shall require an amendment to the Conditional
46 Use Permit.
47
48 C. A master sign program for the Great Petaluma Mill, which demonstrates
49 integrity with the historic structure and which is designed to conform to
50 the Zoning Ordinance, shall be submitted for Planning Department staff
51 review and approval of the Historic SPARC prior�to issuance of a
13
Planning Commission Minutes - February 10, 1998
1 Certificate of Occupancy. Said master sign program shall incorporate the
2 following provisions:
3
4 1. No banners, pennants, balloons, etc. shall be permitted.
5
6 2. Signs (including temporary signs) placed in front of or applied to
7 all windows shall constitute signs (including sign area) and shall be
8 subject to provisions of the master sign program.
9
10
d.
Bicycle racks which can accommodate a total of at least 10 bicycles shall
11
be provided on site prior to commencement of use /issuance of a Certificate
12
of Occupancy. The location of the bicycle racks shall be subject to the
13
review and approval of the Planning Director.
14
15
e.
Prior to commencement of use /issuance of a Certificate of Occupancy, the
16
wood walkway behind the building and adjacent to the river located on
17
Mill property shall be repaired with ' planking similar to the original
18
materials, subject to staff review and approval,. All plywood and other
19
materials previously used to repair the walkway shall be removed.
20
21
f.
Any future modifications to the exterior of the building, including but not
22
limited to the proposed breezeway between the former Steamer Gold
23
Restaurant space and the old Post Office or modifications to the patio
24
area(s) for fitness activities, shall be evaluated by the Planning Director at,
25
or prior to, the time of building permit application to determine whether
26
the modifications shall be subject to Administrative or full
27
Historic /Cultural Committee review and approval.
28
29
g.
Outdoor music (via speaker system, etc.), including but not limited to
30
background and/or aerobic class music, shall be prohibited.
31
32
h.
All dead and dying plant materials in the existing planter boxes
33
surrounding the buildings shall be replaced subject to staff review and
34
approval prior to commencement of use /issuance of a Certificate of
35
Occupancy.
36
37
i.
The small parking lot on the corner of B Street and Petaluma Boulevard
38
South shall be restriped prior to commencement of use /issuance of a
39
Certificate of Occupancy.
40
41
j.
Construction activities shall comply with applicable Zoning Ordinance
42
and Municipal Code Performance Standards (noise, dust, odor, etc.).
43
44
k.
At no time shall future business activities exceed Performance Standards
45
specified in the Uniform Building Code, Section 22 -301 of the Petaluma
46
Zoning Ordinance and the 1987 General Plan.
47
48
1.
This use permit may be recalled to the Planning Commission for review at
49
any time due to complaints regarding lack of compliance with conditions
50
of approval. 4a€f}c --tee ges e Heise enera ion, or— other- ad,Ler-se
51
operating ehar ^* °Wsties At such time, the Commission may revoke the
52
use permit or add/modify conditions of approval.
14
Planning Commission Minutes - February 10, 1998
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m. The applicants /developers shall defend, indemnify,
City or any of its boards ' commissions, agents, fficers, and employees
from any claim, action or proceeding against the City, its boards,
commission, agents, officers, or employees to attack, set aside, void, or
annul the approval of the project when such claim or action is brought
within the time period provided for in applicable State and/or local
statutes. The City shall promptly notify the applicants /developers of any
such claim, action, or proceeding. The City shall coordinate in the defense.
Nothing contained in this condition shall prohibit the City from
participating in a defense of any claim, action, or proceeding if the City
bears its own attorney's fees and costs, and the City defends the action in
good faith.
n. More bicycle racks shall be added if necessary, subject to staff review and
approval.
2. All requirements of the Fire Department shall be complied with, including:
a. Provide one fire extinguisher, 2AlOBC type, for each 3,000 square feet of
floor space, and/or a maximum travel distance of 75 feet from the
extinguisher.
b. Post address at or near main entry door - minimum four (4) inch letters on
contrasting background.
C. Permit required from Fire Marshal's office for sprinkler system alteration
prior to commencement of work on the system; two sets of plans are
required to be submitted for review and approval.
d. Provide an exit sign over all required exit doors.
e. Emergency exit lighting shall be provided at or near all exits and as
designated by the Fire Marshal's office.
f Provide panic hardware on all required exit doors.
All requirements of the Building Division shall be complied with, including:
a• Mixed occupancy separation as described in Chapter 3 of the 1994 UBC
must be followed.
b. Responsible party to sign plans.
C. Indicate group occupancy, type of construction, square footage.
d. Detail all interior and exterior work.
15
Planning Commission Minutes - February 10, 1998
1 e. Plans must show compliance to 1994 UBC, UPC, UMC, and 1993 NEC.
2 Plans must also show compliance to current Title 24 Energy Conservation
3 and/or Disabled Access Requirements.
4
5 f. Structural calculations may be required to justify floor loading.
6
7 g. Submit overall floor plan of entire building (1st and 2nd floors).
8
9
io IV. PROJECT STATUS:
11
12 1. Heritage Subdivision
13 2. Bicycle Advisory Committee Workshop (Council appointment of
14 Councilperson Torliatt to Bicycle Advisory Committee).
15 3. Upcoming Central Petaluma Specific Plan Community Workshop.
16
17 This item was continued to the Planning Commission meeting of February 24, 1998.
18
19
20 V. LIAISON REPORTS: None.
21
22
23 ADJOURNMENT: 11:20 PM.
24
25
26 min0210 / p1an93
IL
16