HomeMy WebLinkAboutMinutes 12/08/1998Planning Commission Minutes - December 8, 1998
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CITY OF PETALUMA, CA
PLANNING COMMISSION MINUTES
DECEMBER 8,1998,7:00 PM
CITY COUNCIL CHAMBERS
CITY HALL, 11 ENGLISH STREET
PETALUMA, CA 94952
Telephone 707/778 -1301 / Fax 707/7784498
E -Mail planninggci.petaluma.cams
Web Page http: / /Www.cLpetaluma.ca.us
Commissioners: Present: Bennett, Broad, Feibusch, Healy, Thompson *,
Torliatt, Vieler (left at 8:30 P"
* Chairperson
Staff: Vincent C. Smith AicP, Acting Planning Director
Mabel Bialik, Associate Planner
Jane Thomson, Senior Planning Technician
Tom Hargis, City Engineer
Craig Spaulding, Civil Engineer
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES - Minutes of November 10, 1998 were approved with
correction to page 8.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Vin Smith - Thanked Commissioner's Thompson and Healy
for Planning Commission service and congratulated them on their election victories.
COMMISSIONERS' REPORT: None.
CORRESPONDENCE: Letter from Pacific Bell regarding utility pole replacement;
Petition regarding Old Elm Village; Page 1 of letter from URS Greiner Woodward Clyde
regarding Old Elm Village; letter from Kevin Callanan regarding Holmberg Roofing.
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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Planning Commission Minutes - December 8, 1998
2 CONTINUED BUSINESS:
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4 I. OLD ELM; 359 West Payran Street; AP No. 006 - 051 -480, 050 -053
5 (mb).
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7 Consideration of a Mitigated Negative Declaration and a rezoning for a
8 recommendation to the City Council for an 88 -unit affordable rental housing
9 project.
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11 Continued from October 27 and November 10, 1998.
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13 Associate Planner Bialik presented the staff report, summarizing additional information
14 submitted in response to questions by the Commission at the Nov. I C meeting.
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16 The public hearing was re- opened.
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18 Commissioner Torliatt — Asked what the difference is between a Negative Declaration
19 and an EIR.
20 Acting Director Smith — Procedural differences and level of detail of analysis; in case of
21 Old Elm, an EIR would not be too much different because of the amount of analysis that
22 has already been done through special studies; the EIR's public review process is different;
23 Commission and Council reviews the EIR document as a whole; Council can adopt EIR
24 and override significant impacts that can't be mitigated, finding that the public benefits
25 outweigh the impacts; with a Neg Dec, can't override impacts; must mitigate.
26 Chairman Thompson — Why wasn't an EIR called for in the beginning for this project ?
27 Acting Director Smith — Issues could be addressed, if necessary, through special studies;
28 the Initial Study did not identify significant impacts that could not be mitigated
29 Commissioner Healy — asked for clarification of Council discussion on expanding the
30 area where the no net fill policy would apply
31 Director of Engineering Tom Hargis — staff will go back to Council with a budget
32 proposal, work plan; given direction to look at protecting the floodplain with no more
33 encroachment allowed; also to look at making detention a requirement of all development
34 (now it's an option; a developer can pay fees instead); will need to do an environmental
35 review of new policies; get public input and public involvement
36 Commissioner Healy — asked for clarification on the location of the sound wall and how
37 close it would be located to the Boulevard
38 Associate Planner Bialik — would be located adjacent to the existing dwelling and along
39 the property line between the live work units and the auto repair business; also on the
40 south end adjacent to the auto towing business; would step down towards the Boulevard
41 John Cheney, 55 Rocca Dr. — project needs to be analyzed by independent contractors
42 who are not paid by the applicant
43 Vince Landof, 12 Cordelia Dr.- City won't have any success in getting the railroad to
44 clean up their property; there's not enough parking for the project; project needs an EIR
35 Richard Brawn, 141 Grevillia Dr. — regarding making tenants sign a notice; can't make
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Planning Commission Minutes - December 8, 1998
1 someone sign away their right to protest 'a grievance; questions the hydrology report; what
2 is considered "significant ;" traffic finding that there will be no detrimental impact on
3 traffic; what does this mean and how does it compare to the term "significant;" should
4 include an analysis of the road capacity and effect of additional traffic
5 Diane Reilly — questioned the Initial Study which stated no other agencies are involved;
6 seems several other agencies are funding the project
7 Geoff Cartwright, 56 Rocca Dr. — FENIA is not going to bail out projects in the
8 floodplain anymore; need to do an EIR
9 Nick Wilson, 19 Betty Court — the neighborhood feeling is that City representatives
10 don't care about them; aren't listening to what the residents are saying; they've submitted
11 a petition with over 500 names; the people want an EIR, if it's not done, neighbors will
12 feel they are not being represented
13 John Morgan - Applicant — reviewed revised site plan; dropped another unit on the
14 panhandle; provided a landscaped buffer area; narrowed the street and eliminated the turn
15 lane to get more landscaping in
16 Commissioner Torliatt — pointed out inconsistency in number of trees shown on the site
17 plan and the elevation plan
18 John Morgan — discussed proposed language for notifying tenants of commercial uses;
19 tenants can't come back later and say they didn't know about the businesses; acoustical
20 consultant did more noise readings; Burbank will put in masonry sound wall along
21 five/work units, and at south end of project site
22 Commissioner Feibusch — how will sound wall affect second story?
23 John Morgan — sound wall is meant to address outdoor noise; original noise study
24 recommended standard construction practices to mitigate indoor noise
25 Commissioner Torliatt — asked if applicant has contacted adjacent restaurant owner
26 about possible through access
27 John Morgan — haven't had a chance to pursue this yet
28 Ken Susilo, Sr. Project Engineer, URS Greiner Woodward Clyde (hydrology
29 consultant) — presented hydrology study; discussed methodology, and findings per the
30 letter submitted to Burbank Housing (included in the staff report); discussed model run
31 and variables used in the model; took a conservative approach; resulted in no detectable
32 increase to the River
33 Commissioner Feibusch — asked for clarification on check valve; purpose is to stop
34 water from backing up and gushing out of drain/; regarding auto towing business
35 (Pacciorini property) — there's a drain on this property; when it floods, water may gush
36 out of drain and flood this property ?
37 Civil Engineer Spaulding — certain capacity storms will flow out of the pipe; could have
38 other problems in the drain (ie., maintenance problems) causing blockage; with a big
39 enough storm, the water could back up on the Pacciorini property
40 Commissioner Healy — asked hydrologist if runoff of the undeveloped site was
41 calculated?
42 Ken Susilo — did not calculate
43 Commissioner Broad — asked for clarification on the model; would the analysis he did be
44 different if it was being done for an EIR?
45 Ken Susilo — no; same analysis
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Planning Commission Minutes - December 8, 1998
1 Commissioner Vieler — would you calculate the runoff of the undeveloped site as part of
2 an EIR. analysis?
3 Ken Susilo — would analyze different scenarios; could do for undeveloped site
4 David Brown, Adobe Associates, Civil Engineers — calculated cost of 3 options for
5 detention; reviewed the 3 options of A) on -site detention above ground, B) on -site
6 detention underground, and (C) off -site detention
7 John Morgan — project is not a choice between flooding and providing affordable
8 housing; the hydrological analysis shows a negligible increase in the River and project will
9 also be providing on -site detention
10 Commissioner Healy — will Burbank Housing provide for drainage off of the Pacciorini
11 property ?
12 John Morgan — will do so if the Commission wants it
13 Commissioner Broad — can the lease agreement limit the number of cars people have ?
14 John Morgan — can put that in the lease
15 Commissioner Torliatt — can the applicant address Geoff Cartwright's comments
16 regarding FEMA funds?
17 John Morgan — FEMA requires studies before the release of federal funds; at time of
18 application for funding, it was possible to build in the floodplain; but Corps map shows
19 that after Corps project is done, project site won't be in the floodplain anymore
20 Commissioner Torliatt — what is considered a "significant" impact to trips numbers
21 Steve Weinberger, Whitlock Weinberger Transportation (traffic consultant) — did
22 some traffic counts at the Boulevard/Payran ntersect
intersection; Payran is operating at LOS `B;"
23 the Boulevard is operating at LOS "C;" with the projected number of trips, the LOS will
24 not change
25 Acting Director Smith — the General Plan identifies levels of service on streets in the
26 City; provides policies on what are acceptable levels of service; projects should not result
27 in the LOS getting worse
28 Nick Wilson — the trains create a lot of noise; when they go by, they shake his house;
29 can't call this insignificant; also flooding is not just a result of the rains; there's also the
3o high tide; will City cover liability of flooding?
31 Commissioner Torliatt — asked Mr. Wilson for clarification of the petition — what do
32 residents hope to find in an EIR that hasn't already been studied
33 Nick Wilson — the consultants should be independent, not hired and paid by the applicant;
34 the EIR would go into a greater level of detail than these studies
35 Commissioner Torliatt — don't know if the level of detail will give us any more
36 information; the City hires outside consultants just like the applicant has done
37 Vince Landof — neighbors feel the applicant's consultants will say what the applicant
38 wants; residents who live in the area know the area; there's a high water table; can hit
39 water six inches down; there are traffic problems on Payran with people trying to get into
40 the Lucky shopping center; existing businesses already generate a lot of traffic; there will
41 be impacts to the streets; an EIR is needed to address all these issues and erase all doubts
42 John Cheney — water now drains into the railroad ditch and ponds there; that will go into
43 the 84 inch pipe with the project; drainage of this water plus the project water needs to be
44 addressed
45 John Strong, 620 Petaluma Blvd. — need independent consultants; too many unanswered
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Planning Commission Minutes - December 8, 1998
1 questions; need to do an EIR
2 Hank Pacciorini, 1744 Spyglass Rd. — need drainage going directly to the River; right
3 now his property floods; panhandle shouldn't have development; should just be an access
4 road
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6 The public hearing was closed.
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8 Chairman Thompson — does the hydrology information presented satisfy the requirement
9 in the Initial Study for a hydraulics analysis? (asked for Engineering's comments on the
10 analysis).
11 Civil Engineer Spaulding — didn't run the EEC model, but found the analysis valid;
12 water agency would look at the analysis for proper sizing of pipes and drainage; standard
13 requirement; agency would review at time of improvement plans
14 Chairman Thompson — when this project goes to Council, will they have the water
15 agency's analysis?
16 Civil Engineer Spaulding — it's a different type of review; hydrology is runoff and flood
17 impacts; water agency would look at proper sizing
18 Commissioner Healy — would water agency review detention plans and when would they
19 do this?
20 Civil Engineer Spaulding — not sure what the timing would be; water agency would look
21 at the detention ponds but would not look at EEC modeling
22 Commissioner Broad — seems the only rationale for having another firm run the model
23 would be if the Planning Commission felt it was run in error; would peer review
24 accomplish any other purpose ? does Engineering agree with the assumptions? agree they
25 took a conservative approach?
26 Civil Engineer Spaulding — all relevant variables are in the model; agree with the
27 assumptions; agree they took a conservative approach
28 Chairman Thompson — can the Commission require the water agency to review the
29 study before the project goes onto the Council ?
30 Acting Director Smith — the water agency needs detailed plans to do an analysis; if
31 Burbank submits what they have now, the water agency can only make assumptions
32 Chairman Thompson — does the Commission feel there are any outstanding issues Mr.
33 Morgan has not addressed?
34 Commissioner Feibusch — regarding the railroad ditch; it's full of water now; not
35 satisfied with staff's response; how can we guarantee the ditch maintenance will be
36 addressed? also, the railroad will be noisy; sound wall won't be adequate; Council just
37 rejected a 24 hour towing business next to residential; now we're proposing to put new
38 residential next to an existing 24 hour towing business; not satisfied with the hydrology
39 study; 60% of the site is in the floodplain; concerned with quality of life; housing is needed
40 but shouldn't be in the floodplain next to a noisy railroad track, next to a noisy commercial
41 area, surrounded by a wall; need to have the flood fix in and prove its working; cannot
42 approve the project
43 Commissioner Bennett — reality is we won't have affordable housing in the "better" parts
44 of town; this isn't permanent housing; people will not stay there a long time; will move on
45 and others needing housing will move in; don't feel we need an EIR; the project should be
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Planning Commission Minutes - December 8, 1998
conditioned to have a zero effect on the River; can use off -site detention to accomplish
.2 this
Commissioner Torliatt — have heard the concerns of residents that they feel the City
s hasn't addressed the flooding problems and the needs of the neighborhood and that the
City created the problem with development upriver; we need to make sure the Corps
6 project is done if this project moves forward; keep hearing that the project's effect is
minimal; it needs to be zero; likes "Option U with the off-site detention; process should
5 be in place before the project is done; have concerns about the location of the masonry
9 wall; also need drainage for the Paccionni property; need to think about the panhandle -
10 shouldn't have the new buildings right next to the existing building; bike path should be
11 looked at by the Bike Advisory Committee; regarding noise, Roundwalk is right next to
1 - 2 the railroad tracks; rather have housing with noise than no housing; satisfied that the
1� project doesn't take away commercial lands; should have two more access points to the
14 railroad right - of - way
15 Commissioner Healy — does the Fire Dept. have concerns about the fire staging area?
16 Acting Director Smith — spoke with Fire Chief Terry Krout; Fire is not concerned about
I the project; doesn't affect staging areas
`18 Commissioner Healy — project should have zero effect on flooding; should require
19 further analysis to get to the zero effect; Option C with off -site detention is most effective
20 way to make it work; off -site pond should be oversized by 25 -30 %; should use this as a
21 model for how the City is going to address flooding; don't think an EIR is necessary; the
22 curb cuts in the panhandle should be wider than the City standard so people don't have to
23 drive over the curb; need to discuss undergrounding of utilities
24 Commissioner Broad — this project has gotten much more scrutiny than any other; the
25 Commission just approved the St. Vincent gym project without these drainage concerns;
26 SPARC has approved hundreds of thousands of square feet of building with no such
27 analysis; may need an urgency ordinance to require mitigation of all projects, instead of
28 waiting for the Corps project to be done; feel Burbank has addressed issues upfront and
29 cooperated in providing additional information; agrees with Option C but doesn't think it
30 has to be in place before the project can proceed; thinks there will be a small amount of
31 incremental drainage; applicant could contribute money to off -site detention
32 Commissioner Healy — the developer should arrange for the easement, not the City
33 Commissioner Broad — don't think anything is gained by doing an EIR; agree there
1 might not be a better location for affordable housing; not ideal to put it in the floodplain
5 but the need for housing outweighs this
o Chairman Thompson — don't like housing backing up to the existing business in the
7 panhandle design
-.s Commissioner Torliatt — suggest a 5 ft. setback between buildings
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40 Commission discussed the panhandle design: should provide some separation, one ft. or 5
a 1 ft.? what about maintenance; what does a 5 ft. setback do to the design?
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3 Jeff Morse, Morse and Cleaver (architects) — a 5 ft. setback would result in a loss of a
44 row of parking; need at least 5 ft. for maintenance purposes; better not to have the setback
5 Chairman Thompson — do not want the buildings to abut each other
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Planning Commission Minutes - December 8, 1998
1 Commissioner Torliatt — applicant should work with the adjacent restaurant to see if
2 they can get access and a wider drive aisle; need to underground utilities; adjacent
3 commercial uses should have the sound wall all along the property line; project should be
4 timed with the Corps project
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6 Commission discussed timing; did not feel it needed to be tied to the Corps of Engineer
7 project
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9 Commissioner Torliatt — will vote no at this time; when the project gets to the Council,
10 will bring up this issue again, but will keep an open mind
11 Commissioner Broad — would like to include a finding regarding the hydrology analysis;
12 anyone who wants a copy of future studies should contact the Planning or Engineering
13 Departments
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15 A motion was made by Commissioner Healy and seconded by Commissioner Broad to
16 recommend to the City Council adoption of a Mitigated Negative Declaration, approval of
17 a rezoning from C -N, Neighborhood Commercial; C -H, highway Commercial; and M -L,
18 Light Industrial; to PUD, Planned Unit District, and to adopt the PUD Development
19 Standards based on the findings and subject to the amended conditions listed in the staff
20 report.
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22 Commissioner Bennett: Yes
23 Commissioner Broad: Yes
24 Commissioner Feibusch: No
25 Commissioner Healy: Yes
26 Commissioner Torliatt: No
27 Commissioner Vieler: Absent
28 Chairman Thompson: Yes
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30 Mitigated Negative Declaration Findings
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32 1. Based upon the Initial Study, potential impacts could be avoided or reduced to a
33 level of insignificance by mitigation measures attached as conditions of approval.
34 There is no substantial evidence that the project, as conditioned, would have a
35 significant effect on the environment.
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37 2. The project does not have the potential to affect wildlife resources as defined in
38 the Fish and Game Code, either individually or cumulatively, and is exempt from
39 Fish and Game filing fees because it is proposed on a vacant, infill site surrounded
40 by urban development with none of the resources as defined in the Code.
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42 3. The Planning Commission reviewed the Initial Study/Mitigated Negative
43 Declaration and considered public comments before making a recommendation on
44 the project.
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46 4. The record of proceedings of the decision on the project is available for public
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Planning Commission Minutes - December 8, 1998
1 review at the City of Petaluma Planning Department, City Hall, 11 English Street,
2 Petaluma, California.
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4 Rezone/PUD Development Standards Findings
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6 1. That the proposed project will provide needed affordable housing for low and
7 low /moderate income families of varying sizes.
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9 2. That the location of the project is convenient to shopping, personal service
10 businesses, and public transportation.
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12 3. That the proposed use, as conditioned, will conform to the requirements and intent
13 of Article 19A, Planned Unit District, of the Zoning Ordinance.
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15 4. That the project is proposed on property which has a suitable relationship to one
16 or more thoroughfares, and that said thoroughfares are adequate to carry an
17 additional traffic generated by the development. y
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19 5. That the plan for the proposed development presents a unified and organized
20 arrangement of buildings and service facilities which are appropriate in relation to
21 adjacent or nearby properties, and that adequate landscaping is provided to ensure
22 compatibility.
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24 6. That the project as designed, will provide residents with necessary amenities,
25 including meeting/recreational space, public and private open space, child care
26 facilities, and laundromat facilities.
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28 7. That the development of the subject property, as conditioned, will not be
29 detrimental to the public welfare, will be in the best interests of the City, and will
30 be in keeping with the general intent and spirit of the zoning regulations of the City
31 and with the General Plan.
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33 8. That the proposed project has complied with the requirements of CEQA through
34 the preparation and adoption of a Mitigated Negative Declaration prepared for this
35 project, which addresses the potential environmental impacts associated with its
36 development, and no further environmental analysis is necessary.
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38 Conditions of Approval:
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40 From the Planning? Department
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42 1. Approval is granted for the project in accordance with plans submitted to the
43 Planning Department, cover sheet dated August 3, 1998, as conditioned and/or
44 revised.
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Planning Commission Minutes - December 8, 1998
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2. The design elements of the project shall be subject to SPARC approval, including,
but not limited to, building design, materials, and colors, building height and mass,
landscaping, lighting, and fencing.
3. In accordance with the provisions of the Petaluma Municipal Code, the applicant
shall pay applicable City Special Development Fees at time of building permit
application, including, but not limited to, the following: sewer connection, water
connection, community facilities development, storm drainage impact, school
facilities, and traffic mitigation fees. The following fees are estimates and are
based upon 88 affordable apartment units, a 1,600 sq. ft. community center, a
3,265 sq. ft. child care center, and 1,300 sq.ft. of retail space.
a. Sewer Connection: $ 1,,000.00 /unit for units under 640 sq. ft.
$ 2,550.00 /unit for units over 640 sq.ft.
(fees for non - residential portions of site
determined through the Building Division)
b. Water Connection: $ Determined when meter sizing is
known.
c. Community Facilities $ 838.50 /dwelling unit (see Municipal
Development: Code Sect. 17.14.060(B) for exception)
d. Storm Drain: $ 14,409.00 (based on residential and
commercial mixed use)
e. Park and Recreation: $ 2,249.00 /dwelling unit
f. School Facilities Fee: To be determined by applicable school
district. Please contact school district at
778 -4621 for information regarding this
fee.
g. In -Lieu Housing: Not Applicable
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h. Traffic Mitigation Fee: $ 1,885.00 /dwelling unit.
4. The applicant shall work with Pacific Gas & Electric (PG &E) to ensure that
grading activities, parking, landscaping, and utilities within PG &E's right -of -way
do not conflict with the operation and maintenance of their facilities.
5. The applicant shall comply with all conditions and mitigation measures adopted as
part of the Mitigated Negative Declaration for this project.
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Planning Commission Minutes - December 8, 1998
1 6. Prior to the project being reviewed by SPARC for final design approval, the
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applicant shall submit documentation verifying transfer of title to Burbank Housing
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Development Corporation of parcel APN 006 -051 -050.
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7.
Prior to the , issuance
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of a grading permit, the applicant shall submit documentation verifying the grant
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of easement by the Northwestern Pacific Railroad Authority to the Sonoma
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County Water Agency.
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Prior to the issuance of a grading or building permit, the applicant shall apply for
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and receive approval of a lot merger to consolidate the five subject parcels into
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one.
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The unit and yard located directly adjacent to Petaluma Boulevard North as part of
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the live /work units shall be eliminated from the site plan.
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10.
The applicants/developers shall defend, indemnify, and hold harmless the City or
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any of its boards, commissions, agents, officers, and employees from any claim,
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action, or proceeding against the City, its boards, commissions, agents, officers, or
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employees to attack, set aside, void, or annul the approval of the project when
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such claim or action is brought within the time period provided for in applicable
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State and/or local statutes. The City shall promptly notify the
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applicants/developers of any such claim, action, or proceeding. The City shall
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coordinate in the defense. Nothing contained in this condition shall prohibit the
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City from participating in a defense of any claim, action, or proceeding if the City
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bears its own attorney's fees and costs, and the City defends the action in good
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faith.
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From the En _'neering Department:
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1.
Frontage improvements shall be required along the West Payran Street side of this
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project. Improvements shall include, but not be limited to, street reconstruction,
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curb, gutter, sidewalk, storm drains, catch basins, street lights, and landscaping.
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All proposed improvements shall be reviewed and approved by the Engineering
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Department and the Traffic Engineer. Improvements shall meet City standards to
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allow for the movement of pedestrian and vehicular traffic.
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2.
The frontage improvements along Petaluma Blvd. shall include a drive approach
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that allows for the movement of pedestrian and vehicular traffic. Petaluma Blvd.
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improvements shall also be reviewed and approved by the Engineering Department
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and the Traffic Engineer.
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3.
Grading shall conform to the recommendations of the soils investigation report for
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this project. The proposed perimeter grading sections shall maintain historic and
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existing surface drainage conditions.
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Planning Commission Minutes - December 8, 1998
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4. The on -site water main system shall be public with the necessary easements
conveyed to the City of Petaluma. Several apartment units shall be combined to be
served by a few master meters. The water main location shall be within the private
road system, easily accessible to City maintenance and personnel. A public
improvement agreement and separate plans shall be required for the construction
of the water main system.
5. The water main system shall be capable of delivering a continuous fire flow as
required by the Fire Marshal. Provide fire flow calculations.
6. The interior sanitary sewer system shall be considered private and shall be privately
maintained.
7. Interior streets, street radii, and traffic flow shall provide for emergency vehicles
and trucks.
8. All existing overhead utilities along the frontage of, or traversing the project site,
shall be placed underground.
9. The Sonoma County Water Agency shall review and approve all hydrologic,
hydraulic, and storm drain system design.
Traffic Engineering:
1. Prior to the issuance of a grading or building permit, the applicant receive approval
of a street abandonment for the section of West Payran Street in front of the
project site. Application materials shall include, but not be limited to, a letter of
request, a map clearly delineating the area in question, a title report, and a legal
description.
From the Building Division
1. Grading must be certified when completed to indicate compliance with approved
plans and will be required for occupancy.
2. Certify pad elevations before building slab on grade is poured.
3. Soils with expansion index greater than 20 requires special design foundation per
Uniform Building Code 1803.2.
4. Mixed occupancy separation as described in Chapter 3 of the 1994 UBC must be
followed.
5. All roofing shall be `B" rated or better per Ordinance 1744/1988.
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Planning Commission Minutes - December 8, 1998
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Show site drainage and grading topography.
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Indicate all utilities on site plan.
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Responsible party to sign plans.
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Submit soils report to verify foundation design.
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Indicate group occupancy, type of construction, square footage.
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Plans must show compliance with 1994 UBC, UPC, UMC, and 1993 NEC. Plans
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must also show compliance with current Title 24 Energy Conservation and/or
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Disabled Access Requirements.
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Provide structural calculations for all non - conventional design items.
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Demolition permit required to remove any structure.
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Abandonment of water well or septic system must be done under permit from the
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County of Sonoma Public Health Department.
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Detail all drainage swales.
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From the Fire Department
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1.
Provide a full 20 ft. width at the fire staging area exclusive of parking. and
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Provide one fire extinguisher, 2AlOBC type, for each 3,000 sq. ft. of floor space
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and/or maximum travel distance of 75 ft. from the extinguisher.
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3.
Post address at or near main entry door — minimum 4 inch letters on contrasting
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background.
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Address locator required to be posted at or near the driveway entrance.
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Reflectorized numbers are acceptable. Location and design to be approved by the
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Fire Marshal's office.
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5.
Provide KNOX box for Fire Department access on the building. Application for
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the box can be obtained from the. Fire Marshal's office. Box location shall be
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approved by the Fire Marshal.
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In residential buildings less than 3,500 sq. ft. in floor area, provide fire sprinklers
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off the domestic water system, at normal sources of ignition. These areas are
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Planning Commission Minutes - December 8, 1998
1 specifically at clothes dryers, kitchen stoves, furnaces, water heaters, and
2 fireplaces. In addition, spare sprinklers (one of each type in the residence) and
3 wrench shall be provided in a red spare sprinkler head box in the garage.
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5 7. Fire hydrants shall be spaced at a maximum of 300 ft. apart. Location and type of
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fire hydrants are to be approved by the Fire Marshal's office.
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Add as a general note to plans:
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10
a. No combustible construction is permitted above the foundation unless an
11
approved asphalt surfaced road is provided to within 150 ft. of the farthest
12
point of a building or structure;
13
14
b. All fire hydrants for the project must be tested, flushed, and in service prior
15
to the commencement of combustible construction on the site.
16
17
9.
Minimum fire flow required for this project is 1,500 gallons per minute at 20
18
pounds per square inch (psi).
19
20
10.
All required fire lanes in which no parking is allowed, shall be designated by
21
painting curbs red. Where no curbs exist, signs approved by the Fire Marshal shall
22
be installed.
23
24
11.
Provide smoke detectors in all sleeping rooms and common hallways. Detectors
25
provided shall be hardwired with battery backup. Electrical circuits supplying
26
detectors shall be separate dedicated lines with no other devices on the circuits.
27
28
Standard SPARC Conditions
29
30
1.
All trees shall be a minimum 15 gallon size (i.e., trunk diameter of at least 3 /4 inch
31
measured one foot above the ground) unless otherwise specified (e.g., 24 -inch box
32
or specimen size) and double staked. All shrubs shall be five gallon size. All
33
landscaped areas not improved with lawn shall be protected with a three -inch deep
34
bark mulch as a temporary measure until the ground cover is established. The
35
training/nursery stake for all plant materials shall be removed at the time of
36
planting.
37
38 2. All planting shall be maintained in good growing condition. Such maintenance
39 shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and
40 trash, fertilizing, and regular watering. Whenever necessary, planting shall be
41 replaced with other plant materials to ensure continued compliance with applicable
42 landscaping requirements. Required irrigation systems shall be fully maintained in
43 sound operating condition with heads periodically cleaned and replaced when
44 missing to ensure continued regular watering of landscape areas and health and
45 vitality of landscape materials.
13
Planning Commission Minutes - December 8, 1998
1
2 3. All plant materials shall be served by a City approved automatic underground
3 irrigation system.
4
5 4. Linear root barrier systems shall be utilized for trees near streets or walkways as
6 needed, subject to staff review and approval.
7
8 5. Any future color schemes that vary from those approved shall be subject to
9 SPARC review.
10
11 6. Construction activities shall comply with applicable Zoning Ordinance and
i2 Municipal Code Performance Standards (noise, dust, odor, etc.)
13
14 7. External downspouts shall be painted to match background building colors.
15 Scuppers without drainage pipes may not be installed because of probable staining
16 of walls (overflow scruppers are excepted).
17
18 8. All exterior light fixtures shall be shown on plans subject to staff review and
19 approval. All lights attached to buildings shall provide a soft "wash" of light
20 against the wall. All lights shall conform to City Performance Standards (e.g., no
21 direct glare, no poles in excess of 20 ft. height, etc.) and shall compliment building
22 architecture.
23
24 9. All outdoor mechanical equipment, satellite dishes, fire main, and all rooftop
25 equipment shall be fully visually screened upon installation, subject to the approval
26 of the Planning Department. Screening devices shall be shown on construction
27 and/or landscape plans.
28
29 10. Trash enclosures shall be designed to conform to the City Trash Enclosure Screen
30 Design Standards. The design and location shall be subject to review and approval
31 of the Planning Department prior to the issuance of a building permit.
32
33 11. Compliance with Mitigation Measures Contained in the Attached Initial Study as
34 follows:
35
36 EARTH:
37
38 Mitigation Measures and Applicable Monitoring for Potential Construction Related
39 Impacts:
40 1. The applicant shall submit an Erosion and Sediment Control Plan prepared by a
41 registered professional engineer as an integral part of the grading plan. The
42 Erosion and Sediment Control Plan shall be subject to review and approval of the
43 City Engineering and Planning Departments, prior to issuance of a grading permit.
44 The Plan shall include temporary erosion control measures to be used during
45 construction of cut and fill slopes, excavation for foundations, and other grading
14
Planning Commission Minutes - December 8, 1998
1 operations at the site to prevent discharge of sediment and contaminants into the
2 drainage system. The Erosion and Sediment Control Plan shall include the
3 following measures as applicable:
4
5 a. Throughout the construction process, disturbance of groundcover shall be
6 minimiz and the existing vegetation shall be retained to the extent
7 possible to reduce soil erosion. All construction and grading activities,
8 including short term needs (equipment staging areas, storage areas, and
9 field office locations) shall minimize the amount of land area disturbed.
10 Whenever possible, existing disturbed areas shall be used for such
11 purposes.
12
13 b. All drainageways shall be protected from silt and sediment in storm runoff
14 through the use of silt fences, diversion berms, and/or check dams. All
15 exposed surface areas shall be mulched and reseeded and all cut and fill
16 slopes shall be protected with hay mulch and/or erosion control blankets as
17 appropriate.
18
19 C. Material and equipment for implementation of erosion control measures
20 shall be on -site by October 4 ". All grading activity shall be completed by
21 October 15 , prior to the on -set of the rainy season, with all disturbed
22 areas stabilized and revegetated by October 31 ". Upon approval by the
23 Petaluma City Engineer, extensions for short-term grading may be allowed.
24 Special erosion control measures may be required by the City Engineer in
25 conjunction with any specially permitted rainy season grading.
26
27 2. All construction activities shall meet the Uniform Building Code regulations for
28 seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing
29 parapets, etc.).
30
31 Mitigation Measures and Applicable Monitoring of Potential Geologic Hazards
32 Related to Operation/Use:
33
34 3. Prior to issuance of a grading permit or building permit, the applicant shall provide
35 a Soils Investigation and Geotechnical Report prepared by a registered
36 professional civil engineer for review and approval of the City Engineer and Chief
37 Building Official in accordance with the Subdivision Ordinance and Grading and
38 Erosion Control Ordinance. The soils report shall address site specific soil
39 conditions (i.e. highly expansive soils) and include recommendations for: site
40 preparation and grading, foundation and soil engineering design; pavement design,
41 utilities, roads, bridges and structures.
42
43 4. The design of all earthwork, cuts and. fills, drainage, pavements, utilities,
44 foundations and structural components shall conform with the specifications and
45 criteria contained in the geotechnical report, as approved by the City Engineer.
15
Planning Commission Minutes - December 8, 1998
1 The geotechnical engineer shall sign the improvement plans and certify the design
2 as conforming to the specifications. The geotechnical engineer shall also inspect
3 the construction work and shall certify to the City, prior to acceptance of the
4 improvements or issuance of a certificate of occupancy, that the improvements
5 have been constructed in accordance with the geotechnical specifications.
6 Construction and improvement plans shall be reviewed for conformance with the
7 geotechnical specifications by the City Engineer and Chief Building Official prior
8 to issuance of grading or building permits and/or advertising for bids on public
9 improvement projects. Additional soils information may be required by the Chief
10 Building Inspector during the plan check of building plans in accordance with Title
11 17 and 20 of the Petaluma Municipal Code.
12
13 5. Foundation and structural design for buildings shall conform to the requirements of
14 the Uniform Building Code, as well as state and local laws/ordinances.
15 Construction plans shall be subject to review and approval by the Building Division
16 prior to the issuance of a building permit. All work shall be subject to inspection
17 by the Building Division and must conform to all applicable code requirements and
18 approved improvement plans prior to issuance of a Certificate of Occupancy.
19
20 6. Prior to issuance of a grading or building permit, the applicant shall submit a
21 detailed schedule for field inspection of work in progress to ensure that all
22 applicable codes, conditions and mitigation measures are being properly
23 implemented through construction of the project.
24
25 AIR:
26 Mitigation Measures and Applicable Monitoring of Potential Air Quality Impacts
27 Related to Construction:
28
29 1. The applicant shall incorporate the following Best Management Practices into the
30 construction and improvement plans and clearly indicate these provisions in the
31 specifications. The construction contractor shall incorporate these measures into
32 the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust
33 emissions during construction.
34
35 a. Grading and construction equipment operated during construction
36 activities shall be properly mufllered and maintained to minimi emissions.
37 Equipment shall be turned off when not in use.
38
39 b. Exposed soils shall be watered periodically during construction, a minimum
40 of twice daily. The frequency of watering shall be increased if wind speeds
41 exceed 15 mph. Only purchased city water or reclaimed water shall be
42 used for this purpose. Responsibility for watering to include weekends and
43 holidays when work is not in progress.
44
16
Planning Commission Minutes - December 8, 1998
1 C. Construction sites involving earthwork shall provide for a gravel
2 pad area consisting of an impermeable liner and drain rock at the
3 construction entrance to clean mud and debris from construction vehicles
4 prior to entering the public roadways. Street surfaces in the vicinity of the
5 project shall be routinely swept and cleaned of mud and dust carried onto
6 the street by construction vehicles.
7
8 d. During excavation activities, haul trucks used to transport soil shall utilize
9 tarps or other similar covering devices to reduce dust emissions.
10
11 e. Post - construction revegetation, repaving or soil stabilization of exposed
12 soils shall be completed in a timely manner according to the approved
13 Erosion and Sediment Control Plan and verified by City inspectors prior to
14 acceptance of improvements or issuance of certificate of occupancy.
15
16 f. Applicant shall designate a person with authority to require increased
17 watering to monitor the dust and erosion control program and provide
18 name and phone number to the City of Petaluma prior to issuance of
19 grading permits.
20
21 HYDROLOGY AND WATER QUALITY
22
23 Mitigation Measures and Applicable Monitoring for Potential Water Quality
24 Impacts Related to Construction:
25 1. All construction activities shall be performed in a manner that minimizes the
26 sediment and/or pollutants entering directly or indirectly into the storm drain
27 system or ground water. The applicant shall incorporate the following provisions
28 into the construction plans and specifications, to be verified by the Planning
29 Department, prior to issuance of grading or building permits:
M
31 a. The applicant shall designate construction staging areas and areas for
32 storage of any hazardous materials (i.e., motor oil, fuels, paints, etc.) used
33 during construction on the improvement plans. All construction staging
34 areas shall be located away from any stream and adjacent drainage areas to
35 prevent runoff from construction areas from entering into the drainage
36 system. Areas designated for storage of hazardous materials shall include
37 proper containment features to prevent contaminants from entering
38 drainage areas in the event of a spill or leak.
39
40 b. No debris, soil, silt, sand, cement, concrete or washings thereof, or other
41 construction related materials or wastes, oil or petroleum products or other
42 organic or earthen material shall be allowed to enter any drainage system.
43 All discarded material including washings and any accidental spills shall be
44 removed and disposed of at an approved disposal site. The Applicant shall
45 designate appropriate disposal methods and/or facilities on the construction
17
Planning Commission Minutes - December 8, 1998
1 plans or in the specifications.
2
3 Mitigation Measures and Applicable Monitoring of Potential Water Quality
4 Impacts Related to Operation/Use:
5 2. The applicant shall develop and implement a comprehensive Urban Runoff Control
5 Plan submitted for review and approval of the Planning Department prior to
7 approval of improvement plans or issuance of grading or building permits. At a
8 minimum, the plan shall: (1) identify specific types and sources of storm water
9 pollutants; (2) determine the location and nature of potential impacts; and, (3)
10 specify and incorporate appropriate control measures into the project design and
11 improvement plans. Construction plans shall be reviewed by City Planning
12 Department for conformance with the Urban Runoff Control Plan prior to
13 approval of improvement plans or issuance of grading or building permits. City
14 inspectors shall inspect the improvements and verify compliance prior to
15 acceptance of improvements or issuance of a Certificate of Occupancy. Urban
16 Runoff Control Programs shall include the following as appropriate:
17 a. Where practical, street runoff should be conveyed through
18 vegetated swales or retained in small detention basin or swales which serve
19 to filter and absorb sediment and chemical constituents in urban runoff
20 prior to entering a stream channel or storm drain. Alternatively, "filters"
21 of oil and contaminants may be incorporated into the design of storm drain
.22 drop inlets where an annual maintenance program is provided.
23 b. Pesticides and fertilizers shall not be applied to public landscape areas, or any
24 maintenance access -way during the rainy season (October 15th - April
25 30th).
26
27 C. All drainage improvement plans shall include installation of permanent
28 signs, where applicable (concrete stamps or equivalent) at each storm drain
29 inlet, where applicable. The sign at each inlet shall read "No Dumping,
30 Flows To The Petaluma River" or equivalent, and shall be installed at the
31 time of construction and verified prior to acceptance of public
32 improvements or issuance of a certificate of occupancy.
33
34 Mitigation Measures and Applicable Monitoring for On -Site Flooding and
>5 Drainage:
36 3. The applicant shall submit a detailed grading and drainage plan for review and
37 approval by City Engineering and Planning Departments prior to approval of a
38 grading or building permit. The project grading and all site drainage improvements
39 shall be designed and constructed in conformance with the City of Petaluma
40 Engineering Department's "Standard Specifications" and the Sonoma County
41 Water Agency's "Flood Control Design Criteria." The drainage plans shall include
42 supporting calculations of storm drain and culvert size using acceptable
43 engineering methods. Surface runoff shall be conveyed to an appropriate storm
18
Planning Commission Minutes - December 8, 1998
1 drain system. All hydrologic, hydraulic and storm drain system design shall be
2 subject to review and approval of the Sonoma County Water Agency (SCWA) and
3 the City Engineer.
4
5 4. Prior to issuance of a certificate of occupancy or final inspection, the applicant
6 shall provide certification by a registered professional civil engineer or surveyor
7 that either: (1) the lowest habitable floor elevation including basements has been
8 constructed 12- inches) or more above the level of the base flood elevation or depth
9 number specified on the current Flood Insurance Rate Map (FIRM); or (2) that the
to structures and attendant utility and sanitary facilities as constructed, are
11 floodproofed and capable of resisting hydrostatic and hydrodynamic loads and
12 effects of buoyancy.
13
14 5. The applicant shall incorporate the following measures into the design plans and
15 specification for any development or subdivision located within a Flood Plain
16 Combining to reduce the potential for flood hazards. The Applicant shall provide
17 certification by a registered professional engineer or architect that the design meets
18 the following standards prior to approval of improvement plan. The registered
19 professional engineer shall inspect the construction and certify that the proposed
20 improvements are constructed in conformance with the design standards prior to
21 issuance of a certificate of occupancy or acceptance of improvements:
22 a. Grading shall be designed to provide adequate drainage to reduce exposure
23 to flooding. All public utilities, such as sewer, gas, electrical, and water
24 systems, shall be located and constructed to minimize flood damage.
25 b. Base flood elevation data shall be provided for all lands within the
26 floodplain combining zone. The final map or development plan shall
27 identify all areas subject to inundation during the base flood event (100-
28 year storm). Finished floor elevations shall be established for the lowest
29 habitable floor areas in accordance with the provisions of Article 16 of the
30 Petaluma Zoning Ordinance, Floodway and Flood Plain Districts.
31 C. The perimeters of all earth pads permitted within the floodplain area shall
32 be engineered to prevent erosion of the pad due to water velocities of the
33 base flood.
34 d. All structures below the base flood level shall be floodproofed so that the
35 structure is watertight with walls substantially impermeable to the passage
36 of water and with structural components having the capacity of resisting
37 hydrostatic and hydrodynamic loads with effects of buoyancy.
38 e. The storage of materials that are explosive, buoyant in time of flooding, or
39 could be injurious to property, structures, human, animal or plant life shall
40 be prohibited within the floodplain or floodway areas.
41
42 Mitigation Measures and Applicable Monitoring for Off -Site Flooding Impacts:
19
Planning Commission Minutes - December 8, 1998
1
2 6. The applicant shall provide either: (1) payment of Storm Drainage Impact Fees prior
3 to final inspection or issuance of a Certificate of Occupancy; or, (2) incorporate
4 on- or off -site detention equal to the calculated increase in normal runoff into the
5 design plans.
6
7 7. The applicant shall provide a Hydraulic Analysis and Hydrologic Report prepared
8 by a qualified registered professional engineer demonstrating that the storage
9 capacity of the floodplain and carrying capacity of the floodway is preserved and
10 that the proposed encroachments do not increase flood surface elevations or
1l provide potential for impacts from increased velocities during the occurrence of
12 the base flood, pursuant to Article 16 of the Petaluma Zoning Code. The
13 Hydraulic Analysis and Hydrologic Report shall be subject to the review and
14 approval of the City Engineer and the Sonoma County Water Agency prior to the
15 issuance of a grading or building permit. Prior to final inspection or issuance of a
16 certificate of occupancy for any improvement in the floodplain or floodway, the
17 applicant shall submit certification prepared by a registered professional engineer
18 that the proposed improvements meet all standards and certifications required of
19 Article 16 of the Petaluma Zoning Code (i.e. floor elevations, floodproofing,
20 subdivision standards and/or floodway encroachments).
21
22 8. The applicant shall ensure that new fencing be raised a sufficient amount above the
23 ground to allow existing properties along Petaluma Boulevard North to continue
24 draining towards the subject site and into the new drain inlets.
25
26 BIOLOGICAL RESOURCES
27
28 Mitigation Measures and Applicable Monitoring of Impacts to Biological Resources
29 during Construction:
30
31 1. The dripline of all trees to be preserved shall be surveyed and accurately depicted
32 on the grading and construction plans as sensitive areas to be avoided and
33 protected during construction. No grading, earthwork, fill, compaction, drainage
34 or equipment shall be allowed within the dripline areas. Protective fencing shall be
35 installed a minimum of 20 -feet, to the extent possible, beyond the drip -line of trees,
36 as shown on approved plans, and verified by the Planning Department prior to
37 issuance of grading permits.
38
39 2. If encroachment within the root zones of significant trees cannot be avoided, then
40 a certified arborist shall be retained to provide recommendations for less - damaging
41 construction practices and long -term maintenance. An arborist report shall be
42 prepared and submitted for approval by the Planning Department prior to issuance
43 of grading or building permits within sensitive areas.
44
45 NOISE
20
Planning Commission Minutes - December 8, 1998
1
2 Mitigation Measures and Applicable Monitoring of Potential Noise Impacts Related
3 to Construction:
4
5 1. Project shall comply with the noise reduction mitigation measures recommended in
6 the noise study prepared by Ulingworth & Rodkin, Inc., Acoustics and Air Quality
7 Consultants, August 19, 1998, to meet HUD guidelines, and with the
8 recommendations for compliance with the City of Petaluma Noise Element of the
9 General Plan, and with the requirements of the State of California as outlined in
10 Title 24, Part 2 of the State Building Code.
11
12 2. All construction activities shall comply with applicable Performance Standards in
13 the Petaluma Zoning Ordinance and Municipal Code.
14
15 3. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday
16 through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays., unless a permit is first
17 secured from the Planning Director for additional hours. No construction shall be
18 permitted on Sundays or City of Petaluma recognized legal holidays. There will be
19 no start up of machines or equipment prior to 8:00 a.m., Monday through Friday.
20 There shall be no delivery of materials or equipment prior to 7:30 a.m. or past 5:00
21 p.m., Monday through Friday. There shall be no cleaning of machines or
22 equipment past 6:00 p.m., Monday through Friday, and no servicing of equipment
23 past 6:45 p.m., Monday through Friday. The applicant's telephone number shall
24 be made available for noise complaints.
25
26 4. All construction equipment powered by internal combustion engines shall be
27 properly muffled and maintained to minimize noise. Equipment shall be turned off
28 when not is use.
29 5. Construction maintenance, storage and staging areas for construction equipment
30 shall avoid proximity to residential areas to the maximum extent practicable.
31 Stationary construction equipment, such as compressors, mixers, etc., shall be
32 placed away from residential areas and/or provided with acoustical shielding.
33
34 6. The applicant shall designate a Project Manager with authority to implement the
35 mitigation measures who will be responsible for responding to any complaints from
36 the neighborhood, prior to issuance of a building/grading permit. The Project
37 Manager's telephone number shall be conspicuously posted at the construction
38 site. The Project Manager shall determine the cause of noise complaints (e.g.
39 starting too early, faulty muffler, etc.) and shall take prompt action to correct the
40 problem.
41
42 Mitigation of Potential Noise Impacts Related to Operation/Use:
43
44 7. All multi - family residential units located adjacent to an arterial street or within a
45 projected 65 dBA noise contour shall be constructed using appropriate
21
Planning Commission Minutes - December 8, 1998
1 construction techniques and materials to achieve compliance with the noise
2 standard for interior living area (45 dBA maximum noise level) and the General
3 Plan standard for exterior yards (60 dBA). Placement of buildings to shield
4 roadway noise from exterior yards and/or installation of a sound wall shall be
5 required to meet General Plan Noise Standards.
6
7 8. All land uses shall conform on an ongoing basis with the Performance Standards
8 listed in Section 22 -300 of the Petaluma Zoning Ordinance.
9
10
I i VISUAL QUALITY AND AESTHETICS
12
13 Mitigation Measures and Applicable Monitoring:
14
15 1. All exterior lighting shall be directed onto the project site and access ways and
16 shielded to prevent glare and intrusion onto adjacent residential properties. Plans
17 submitted for SPARC review and approval shall incorporate lighting plans, which
18 reflect the location and design of all proposed street lights, and any other exterior
19 lighting proposed.
20 2. Development plans shall be designed to avoid vehicular lighting impacts to
21 bedroom areas and other light - sensitive living areas of any nearby residential lot,
22 home or facility. Development plans for lots proposed at street intersections or in
23 other potentially light- sensitive locations shall incorporate architectural or
24 landscape design features to screen interior living space from the headlight glare.
25 3. All new and existing overhead utilities (except for high voltage transmission lines)
26 shall be placed underground.
27 4. Shade trees shall be incorporated into building and improvement plans along public
28 streets and within parking areas in conformance with the City's Site Plan and
29 Architectural Review Guidelines to reduce glare and provide shade.
30
31 5. Architectural details, landscape plans and specifications, parking layout and
32 detailed site plans shall be subject to review and approval of Site Plan and
33 Architectural Review Committee ( SPARC), prior to issuance of a building permit.
34
35 HAZARDS
36
37 Mitigation Measures and Applicable Monitoring:
38
39 1. For uses, including construction activities, involving the storage of chemicals or
40 hazardous materials on -site, the Applicant shall file a declaration form with Fire
41 Marshal's office and shall obtain a hazardous materials storage permit.
42
43 2. If hazardous materials are used or stored on -site, the Applicant shall prepare a
44 Risk Management Plan and submit for review and approval by the Fire Marshall
22
Planning Commission Minutes - December 8, 1998
1 prior to issuance of a certificate of occupancy or grading or building permit for
2 construction activities. The RMP shall include the following as appropriate:
3
4 a. The Applicant shall provide for proper containment within storage areas
5 for hazardous materials and shall maintain emergency equipment and
6 supplies, as specified by the Fire Marshall, to address any spills or leaks
7 from the facilities.
8
9 b. The applicant shall identify any potentially hazardous substances or
10 contamination existing on -site and shall provide for proper treatment,
11 removal and disposal during construction.
12
13 3. If the site is located in close proximity to high risk utilities, such as high- pressure
14 gas lines, high voltage transmission lines or sewer force main, prior to approval of
15 a grading or building permit or advertising for bids on a public improvement
16 project, the Applicant shall consult with utility providers and accurately locate the
17 utilities on construction or improvement plans. High_ risk utilities shall be
18 potholed prior to construction.
19
20 4. If any vapors or other signs of contamination are detected during project
21 construction, all local, state, and federal requirements for remediation and disposal
22 of contaminated materials shall be followed.
23
24
25 TRANSPORTATION /CIRCULATION
26
27 Mitigation and Applicable Monitoring of Impacts During Construction:
28 1. For projects involving improvements on existing streets or substantial construction
29 traffic and heavy equipment, the applicant shall provide a Traffic Control Plan for
30 review and approval of the City's Traffic Engineer, prior to issuance of a building
31 or grading permit. At least one -lane of traffic in each direction shall be maintained
32 at all times through the construction period, unless a temporary detour plan is
33 submitted and approved the City Traffic Engineer. Heavy construction traffic and
34 haul trucks shall avoid school zones between school arrival and departures times.
35 2. During non - working hours, open trenches and construction hazards shall be
36 provided with signage, flashers, and. barricades approved by the Street
37 Superintendent to warn oncoming motorists, bicyclists, and pedestrians of
38 potential safety hazards.
39 3. All road surfaces shall be restored to pre - project conditions after completion of
40 any project - related utility installation activities. All trench pavement restoration
41 within existing asphalt streets shall receive a slurry seal. If the trench cut is within
42 the parking strip, then only the parking strip needs a slurry seal. Otherwise, half
43 the street shall receive a slurry seal.
23
Planning Commission Minutes - December 8, 1998
1 4. Any pedestrian access through and/or adjacent to the project site shall remain
2 unobstructed during project construction or an alternate route established as
3 approved by the Police Chief and City Engineer.
4
5 Mitigation and Applicable Monitoring of On -Site Traffic and Circulation Impacts:
6
7 5. Frontage improvements shall be installed in accordance with the City's Street
8 Standards to provide for safe access to and from the site. Turning lanes,
9 acceleration and deceleration lanes, curb cuts, median islands, signing and striping
10 shall be incorporated into the design plans as required by the City's Traffic
11 Engineer. Pedestrian and bicycle access connecting the City's bikeways and
12 pedestrian circulation through the site shall be incorporated into the development
13 plan. Improvement or construction plans shall be subject to review and approval
14 of the Traffic Engineer prior to issuance of a grading or building permit. All street
15 frontage improvements shall be constructed to City standards and inspected by
16 City Inspectors prior to final inspections or acceptance of improvements.
17
18 6. The applicant shall incorporate street lights along all public right -of -ways in the
19 project design to conform to the City standard spacing and illumination
20 requirements. The street lights shall have standard metal fixtures. The applicant
21 shall provide verification that all lights meet PG &E's LS2 rating system, prior to
22 City acceptance of improvements.
23
24 7. The site plan shall include parking to meet standards specified in Section 20 -300 of
25 the Petaluma Zoning Ordinance. The site plan and design plans for the parking
26 facilities shall conform with the SPARC Guidelines, to the extent possible, and
27 shall be subject to SPARC review and approval, prior to issuance of building
28 permits.
.29
30 Mitigation and Applicable Monitoring of Cumulative Traffic Impacts on the City -
31 Wide Circulation System:
32
33 8. The applicant shall be responsible for the payment of the City's Traffic Mitigation
34 Fee. Traffic Mitigation Fees shall be calculated at the time of issuance of a
35 building permit and shall be due and payable before final inspection or issuance of
36 a certificate of occupancy.
37
38
39 PUBLIC SERVICES/RECREATION
40
41 Mitigation of Cumulative Impacts to Increased Demand for Public Facilities:
42 1. The applicant shall be responsible for payment of Community Facilities
43 Development fees to offset the impacts to public facilities. Fees shall be calculated
44 by the City at the time of building permit issuance and are due and payable by the
45 applicant prior to final inspection or issuance of a certificate of occupancy.
24
Planning Commission Minutes - December 8, 1998
1 Mitigation of Cumulative Impacts to Demand Public Services Including Parks,
2 Schools, and Public Facilities not Covered by Other Special Development Impact
3 Fees:
4 2. The Applicant shall be responsible for payment of Park and Recreation Land
5 Improvements fees for any residential subdivision or project which exceeds four
6 dwelling units on a single parcel. These fees provide for acquisition, development
7 and improvement of neighborhood and community park and recreation facilities.
s Fees shall be calculated by the City at the time of building permit issuance and are
9 due and payable by the applicant prior to final inspection or issuance of a
10 certificate of occupancy.
11 Mitigation of Potential Impacts from Increased Demand on Public Schools:
12 3. For residential development projects, the applicant shall be responsible for payment
13 of School Facilities fees. Fees shall be calculated by the City at the time of
14 building permit issuance and are due and payable directly to the school district by
15 the applicant prior to final inspection or issuance of a certificate of occupancy.
16 The applicant shall provide a receipt or proof of payment of school facilities fees to
17 the City Building Division prior to final inspection or issuance of a certificate of
18 occupancy.
19 Mitigation of Impacts Related to Increased Demand for Public Works Services:
20 4. Landscape plans for the right -of -way areas, if applicable, shall reflect use of water
21 conserving and native plant materials (including native oaks and other species with
22 high habitat value) and compatible irrigation system design. Landscape plans shall
23 be included in the submittal for SPARC review of a development plan or building
24 plan and shall conform to City standards for street tree installation. All public area
25 landscaping shall be installed prior to acceptance of the public improvements for
26 each phase of construction or bonded for 100% of the cost of materials and
27 installation, with implementation to occur on a lot by lot basis. A 10%
28 maintenance bond shall be retained by the City for a minimum of one year
29 following installation of the required landscape improvements, as maintenance
30 security during the establishment period.
31 Mitigation of Impacts Related to Increase Demand for Fire Department Services:
32 5. The applicant shall incorporate into the project design all applicable requirements
33 of the Uniform Fire Code and the City of Petaluma Fire and Public Works
34 Standard Specifications. Construction plans shall be submitted for review and
35 approval of the Fire Marshall and Building Division prior to approval of
36 improvement plans or issuance of a building permit. Improvement plans shall
37 include the following specifications for emergency access, hydrant location, fire
38 flow pressure, and unit construction
39 a. All new development shall provide adequate access for emergency vehicles
40 meeting City Standard Specifications, including minimum street widths, all
41 weather surface, and sufficient turn around areas, as required by the Fire
25
Planning Commission Minutes - December 8, 1998
Chief.
2 b. No combustible construction is permitted above the foundation unless an
3 approved all weather hard surface road is provided to within one hundred
4 fifty feet of the farthest point of a building or structure.
5 C. All required fire lanes in which no parking is allowed shall be designated by
6 painting curbs red. Where no curbs exist, signs approved by the Fire
7 Marshal shall be installed. This applies to any private drive or roadway 20
8 feet or less in width.
9 d. The Applicant for projects involving common access or use areas shall
10 provide the Fire Department with a notarized copy of the recorded
11 conditions, covenants, and restrictions and/or a maintenance agreement in a
12 form acceptable to the City Attorney, ensuring that all fire access roads and
13 components of fire protection systems will be maintained by a maintenance
14 district, owner's association, or similar legally responsible entity.
15 e. To prevent confusion for access in event of emergency, street names shall
16 be submitted to the Planning Department and referred to the Street Name
17 Committee for review and approval, prior to approval of building permits.
18 f All buildings shall have addresses clearly posted at or near the main entry
19 door with a minimum of four (4) inch letters on contrasting background
20 and an address locator posted at or near the driveway entrance.
21 Reflectorized numbers are acceptable. Design and location of address
22 directories shall be approved by the Planning Department and the Fire
23 Marshal's office.
24 g. Fire hydrants shall be spaced a maximum of 300 feet apart. The specific
25 location and type of fire hydrants shall be approved by the Fire Marshal's
26 Office. No house should be further than 150 feet from a fire hydrant. Fire
27 flows shall be provided to meet a minimum of 1,500 gallons per minute at
28 20 PSI or as approved by the Fire Marshall. All fire hydrants for the
29 project must be tested, flushed, and in service prior to the commencement
30 of combustible construction on the site.
31 h. All buildings and new construction shall provide smoke detectors and fire
32 extinguishers in conformance with the Uniform Fire Code and City
33 Standard Specifications.
34 i. All roofing material shall meet standards of City of Petaluma Ordinance
35 1744 and shall have a fire rating of Class `B" or better, treated in
36 accordance with the Uniform Building Code Standard 32.7.
37 6. Landscape plans submitted for SPARC review shall incorporate the use of plant
38 materials and/or design strategies to minimize maintenance requirements and fire
39 risk for all right -of -way landscape areas. Language encouraging use of fire
40 resistant landscaping for private lot development shall be encouraged wherever
26
Planning Commission Minutes - December 8, 1998
1 possible.
2 7. The applicant of any project which proposes commercial occupancies shall secure
3 approval from the Fire Marshall and Building Division prior to signing lease
4 agreements and allowing occupancy of prospective occupants that pose possible
5 fire and safety hazards, or are classified by the Uniform Building Code as a
6 hazardous occupancy. Examples of these types of occupancies are: Storage of
7 flammable, combustible, explosive, or toxic materials, manufacturing processes
8 involving the above, woodworking shops, fire rebuilding or storage, automotive
9 repair, auto body repair and/or painting, factories where loose combustible fibers
10 are present, semi - conductor fabrication facilities, bulk paint storage, etc.
11 8. The applicant of any project proposing a change in occupancy use classification (as
12 defined in the Uniform Building Code Table 5A) in a building, protected by
13 automatic fire sprinklers, shall have the sprinkler system evaluated by a licensed
14 fire sprinkler contractor or fire protection engineer for compliance with National
15 Fire Protection Association Installation Standards. A written report of the
16 inspection findings shall be submitted to the Fire Department prior to final
17 occupancy clearance. A permit is required from Fire Prevention for sprinkler
18 system alterations.
19
20 9. Applicant shall provide for the source separation of wood waste for recycling.
21
22 Mitigation of Impacts Related to Increase Demand for Police Department Services:
23
24 10. In order to ensure public safety and provide for police surveillance, all non -
25 residential buildings and public use areas shall have security alarms and provide
26 motion or heat sensitive security lighting to parking areas, pedestrian pathways and
27 areas of concealment around the perimeter of each building. All parking areas and
28 pedestrian pathways shall provide visual access to the extent practicable from
29 public streets and may require mirrors placed on an angle to be seen from the
30 street or public right -of -way to provide visual access to areas of concealment.
31
32 11. Prior to issuance of a certificate of occupancy, the applicant shall provide and
33 maintain current emergency contact information on file at the Police Department.
34
35 UTILITIES
36
37 Mitigation Measure and Applicable Monitoring:
38
39 1. All new development approved within the City shall connect to the City's sewer and
40 water system. The Applicant or subsequent owner/budder shall be responsible for
41 the payment of Sewer and Water Connection fees to offset impacts on City
42 utilities. Water and sewer connections fees are calculated at time of building
43 permit issuance, and are due and payable prior to final inspection, issuance of a
44 certificate of occupancy, or connection to the City's utility system.
27
Planning Commission Minutes - December 8, 1998
1 2. The Applicant's design engineer shall verify the horizontal and vertical location of all
2 existing utilities in the area and shall design any proposed subsurface work or
3 utility extensions to avoid disruption of services. All high risk utilities (i.e. high -
4 pressure gas lines) shall be potholed prior to construction.
5 3. Water and energy conservation measures shall be incorporated into project design
6 and construction in accordance with applicable codes and ordinances.
8 4. Irrigation systems for turf areas shall be designed to connect with the City's long -
9 term wastewater irrigation program in accordance with the State Department of
10 Health Services guidelines.
11
12 5. The Building Division, Planning, Engineering and Fire Departments shall review
13 the improvement and construction plans for conformance with the approved
14 project description and all applicable codes, conditions, mitigation measures and
15 permit requirements prior to approval of a site design review, final map,
16 improvement plan, grading or building permit or advertising for bids on a public
17 improvement project.
18
19 6. The Planning Department shall ensure that any applicable permits have been
20 obtained from all responsible agencies and that the plans and specifications
21 conform with the permit requirements prior to the issuance of grading or building
22 permits.
23
24 7. Prior to acceptance of improvements or issuance of a certificate of occupancy, all
25 improvements shall be subject to inspection by City staff for compliance with the
26 approved project description, permit conditions, and approved development or
27 improvement plans.
28
29 ENERGY/NATURAL RESOURCES
30
31 Mitigation Measures and Applicable Monitoring:
32
33 1. The applicant shall, to the extent possible, incorporate energy efficient and water
34 conservation measures into the design of buildings and site improvements.
35
36 2. Construction activities should be scheduled and the use of heavy equipment
37 maximized so as to limit the amount of fuel consumed. Imported fill should be
38 limited to the maximum extent feasible.
39
40 3. All building plans shall conform with the requirements of Title 24 of the Uniform
41 Building Code for energy efficiency. The Applicant shall submit Title 24
42 calculations demonstrating compliance with building code standards for review and
43 approval of the Building Division prior to issuance of a building permit.
44 4. For exterior lighting of buildings, streets and parking areas low intensity lighting
28
Planning Commission Minutes - December 8, 1998
1 shall be utilized as opposed to high- intensity light standards. Consideration should
2 be given to the use solar powered light fixtures for lighting of outdoor areas and
3 use of motion sensors for lighting of interior areas only when occupied rather than
4 standard lighting fixtures that would remain lit.
5
6 CULTURAL RESOURCES
7
8 Mitigation of Potential Impacts to Cultural Resources Related to Construction:
9
10 1. Trenching for utilities and irrigation lines shall be kept to as shallow a depth as
11 practical to avoid disturbing potential subsurface resources.
12
13 2. For all construction activities, potential to uncover unknown archeological
14 resources exist. Should any artifacts, cultural remains or potential resources be
15 encountered during construction activities, work in the area of the find shall cease
16 and the construction contractor shall notify the Director of Planning.
17 Archaeological features include artifacts of stone, shell, bone, or other natural
18 materials. Associations of artifacts such as hearths, house floors and dumps.
19 Historic artifacts potentially include all by- products of human land use greater than
20 50 years of age. Human burials, if encountered, require the notification of the
21 County Coroner in addition to the monitoring archaeologist. The City shall consult
22 with a qualified cultural resource specialist to evaluate the find. If the suspected
23 remains are determined to be potentially significant, all work in the vicinity shall be
24 halted until mitigation measures are incorporated into the design, or removal of the
25 resource has been accomplished in accordance with recommendations by the
26 archaeologist. The Applicant shall comply with all mitigation recommendations of
27 the archeologist prior to commencing work in the vicinity of the archeological
28 finds. The applicant shall be responsible for all costs associated with consulting
29 cultural resource specialist.
30
31 IMPLEMENTATION:
32
33 1. The applicant shall incorporate all applicable code provisions and required
34 mitigation measures and conditions into the design and improvement plans and
35 specifications for the project.
W
37 2. The applicant shall notify all employees, contractors and agents involved in the
38 project implementation of the mitigation measures and conditions applicable to the
39 project and shall ensure compliance with such measures and conditions. The
40 applicant shall also notify all assigns and transfers of the same.
41
42 CONSTRUCTION MEASURES:
43 1. The applicant shall designate a project manager with authority to implement all
44 mitigation measures and conditions of approval and provide the project manager's
29
Planning Commission Minutes - December 8, 1998
1 name, address, and phone number to the City prior to issuance of any grading,
2 building, or construction permit.
3 2. Mitigation measures required during construction. shall be listed as conditions on
4 the building or grading permits and signed by the contractor responsible for
5 construction.
5
7 3. City inspectors shall ensure that construction activities occur consistent with the
8 approved plans and conditions of approval.
9
to 4. If deemed appropriate by the City, the applicant shall arrange a pre- construction
11 conference with the construction contractor, city staff and responsible agencies to
12 review the mitigation measures and conditions of approval prior to issuance of
13 grading and building permits.
14
15 ADDITIONAL CONDITIONS OF APPROVAL FROM NOVEMBER 10 STAFF
16 REPORT.
17
18 1. On -Site Detention: The applicant shall provide on -site detention as indicated on
19 the site plan and as approved by the Planning Commission, and shall also pay
20 storm drain impact fees, estimated at approximately $15,000, to be calculated at
21 time of building permit application, to address future off-site mitigation.
22
23 2. Access to Railroad Right -of -Way: At least two access points to the railroad
24 right -of -way alignment shall be provided; the site plan shall be revised to indicate
25 the location of these access points along the east side of the subject site, adjacent
26 to the railroad right -of -way. Solid wood gates shall be built into the fence with the
27 initial construction of the project. Gates shall be equipped with a heavy padlock
28 and shall remain locked at all times until such time as development on the rail
29 corridor warrants pedestrian access.
30
31 3. Moving Activities: The applicant shall ensure that on -site management monitors
32 the move in/out activities of tenants and shall provide notice to surrounding
33 residents. In addition, management shall notify nearby residents when a tenant is
34 moving in/out, and a specific parking area shall be reserved in advance for the
35 moving vehicle.
36
37 4. Storage of Trash Containers: The applicant shall ensure that trash containers,
38 when not set out on the street for pickup, are stored out of sight and are not visible
39 from the street.
40
41 5. Existing Commercial Businesses: The applicant shall include within its lease
42 agreement, a clause notifying tenants that adjacent lands are zoned for commercial
43 uses and that the existing commercial uses, and potential future commercial uses,
44 shall continue to operate, within the provisions of the Zoning Ordinance and
45 Performance Standards. In addition, tenants shall be aware that some of the
30
Planning Commission Minutes - December 8, 1998
1 commercial businesses may operate on a 24 hour basis. The tenant shall be made
2 aware that noise normally associated with the legal operation of these and future
3 businesses may occur on a regular basis, and by signing the lease, acknowledges
4 that such noise and operations shall not be deemed a nuisance, as defined by the
5 Municipal Code. Wording to be included in the lease agreements shall be subject
6 to the approval of the Planning Department.
7
8 In addition, the applicant shall comply with the recommendations of the December
9 1, 1998 letter from Illingworth and Rodkin, Inc., Acoustical Consultants, and
10 construct a masonry sound wall, a minimum of 6 ft. in height, along the south end
11 of the subject site adjacent to the existing auto towing business and along the
12 property he which abuts the live /work units.
13
14 6. Mitigation Measures: The applicant shall implement applicable mitigation
15 measures related to hydrology, including drainage and on -site detention, during the
16 initial construction phase of the project (i.e., upon grading of the site). Mitigation
17 shall be in place prior to the issuance of a building permit for the construction of
18 the units.
19
20 7. Fencing: Fencing shall be provided along the length of the property adjacent to
21 the Northwestern Pacific Railroad alignment. Fencing may be a solid redwood
22 fence, until such time as the Sonoma County Water Agency completes its
23 construction work or within seven years of the issuance of a Certificate of
24 Occupancy, whichever occurs first, after which the wood fence shall be replaced
25 with a masonry wall. The time period may_ be extended upon the approval of the
26 City Council.
27
28 8. Phone Lines: The applicant shall consult with Pacific Bell to ensure that adequate
29 phone lines are provided to address the needs of the whole of the project.
30
31 Additional Conditions from this meetin :
32
33 9. Project to have zero effect on flooding, accomplished either by 100% on site, or
34 some percentage on site, with the remainder, to total 125- 130 %, off -site (Option
35 C); the off -site does not have to be in place for the project to move forward
36
37 10. Revised panhandle design shall be subject to the approval of SPARC; design
38 shall be revised such that duplexes provide some separation between the existing
39 commercial building and the duplex building.
40
41 11. Applicant shall also provide the sound wall along the perimeter of the site
42 adjacent to commercial properties, subject to the approval of SPARC.
43
44 12. Prior to the issuance of a building permit, the Bike Advisory Committee shall
45 review the bike plan on West Payran Street.
31
Planning Commission Minutes - December 8, 1998
1
2 13. Prior to the issuance of a grading permit, the applicant shall install drainage
3 improvements for the Pacciorini property, subject to the approval of the City
4 Engineer.
5
6 14. Prior to the issuance of a building permit, the applicant shall submit a revised
7 site plan showing two additional access points to the railroad right -of -way.
3
9 15. Applicant shall underground utilities in accordance with standard specifications.
10
11 16 Site design shall reflect a wider driveway flare at the panhandleBoulevard,
12 subject to the approval of SPARC.
13
14 17. Applicant is strongly encouraged to work with the restaurant /property owner
15 adjacent to the panhandle to attempt to acquire additional access.
16
17 18. All interested parties shall be notified of the availability of any future hydraulics
18 studies. Said studies shall be made available to interested parties before being
19 approved by the City of Petaluma.
20
21
22 NEW BUSINESS - PUBLIC HEARING:
23
24 11. PARENT - SORENSEN MORTUARY, 850 KEOKUK STREET, FILE NO.
25 REZ98009/TPM98006.
26
27 Consideration of a Negative Declaration, a Rezoning, PUD Development
28 Standards, and a Tentative Parcel Map for the Parent- Sorensen Mortuary, 850
29 Keokuk Street.
30
31 Associate Planner Bialik presented the staff report.
32
33 The public hearing was opened.
34
35 Commissioner Torliatt — asked for clarification on why conditions include submitting a
36 grading/erosion plan if there are no site improvements.
37 Associate Planner Bialik — applicant will be doing some minor drainage improvements;
38 submittal of plans is a standard requirement
39 Commissioner Torliatt — are there plans to widen Magnolia Avenue; what does "RM9'
40 mean as listed in the table in the staff report
41 Civil Engineer Spaulding — the street right -of -way is actually wider than the City
.42 standard in the area of the mortuary
43 Associate Planner Bialik — RMG stands for garden apartments; this allows for multi -
44 family attached or semi- attached townhouses
45 Carol Whitmire (representing Parent- Sorensen Mortuary) — request that planning
32
Planning Commission Minutes - December 8, 1998
1 condition #2 regarding additional landscaping, be deleted; there is already mature
2 landscaping on the site; the owner does not want to disturb the existing vegetation
3 Steve Lafranchi (project engineer) — request that Engineering condition #1 regarding the
4 undergrounding of utilities be deleted; the undergrounding should not be tied to a parcel
5 map
6
7 Commission asked for clarification on the undergrounding requirement
8
9 Civil Engineer Spaulding — the formation of an underground district is likely; it is
10 scheduled for discussion by the Council in the near future; Engineering would not disagree
11 if the Commission did not want to hold up the project because the district formation could
12 be two years down the line
13 Commissioner Torliatt — does it need to be tied to the map
14 Civil Engineer Spaulding — should be tied to something to ensure it happens
15 Commissioner Healy — utilities have to be undergrounded; suggest that if district
16 formation is within 3 years after the parcel map is recorded, the property owner would be
17 relieved of this obligation; otherwise, if the district has not been formed within 3 years, the
18 property owner has to do it (the Commission agreed).
19 Commissioner Broad — asked for clarification on the street trees requirement
20 Associate Planner Bialik — this is a standard condition for development projects; trees
21 would be required on Keokuk Street; there are existing trees on Magnolia Avenue
22 (handed out photos of the site to the Commission); trees would have to go into the
23 existing landscaped area because the sidewalk is too narrow
24 Chairman Thompson — satisfied with the existing landscaping; don't need to add the
25 trees (the Commission agreed, condition deleted).
26
27 The public hearing was closed.
28
29 A motion was made by Commissioner Feibusch and seconded by Commissioner Bennett
30 to recommend to the City Council adoption of a Negative Declaration, rezoning from C-
31 H, Highway Commercial to PUD, Planned Unit District; adoption of the PU`D
32 Development Standards, and approval of a Tentative Parcel Map, based on the findings
33 and subject to the amended conditions listed in the staff report.
34
35 Commissioner Bennett: Yes
36 Commissioner Broad: Yes
37 Commissioner Feibusch: Yes
38 Commissioner Healy: Yes
39 Commissioner Torliatt: Yes
40 Commissioner Vieler: Absent
41 Chairman Thompson: Yes
42
43 Findings for Environmental Review:
44
45 1. Based upon the Initial Study prepared for the project, there is no substantial
46 evidence that the project would have a significant effect on the environment.
33
Planning Commission Minutes - December 8, 1998 .
1
2 2. The project does not have the potential to affect wildlife resources as defined in
3 the Fish and Game Code, either individually or cumulatively, and is exempt from
4 Fish and Game filing fees because it is proposed on an existing developed site
5 surrounded by urban development with none of the resources as defined in the
6 Code.
7
8 3. The Planning Commission reviewed the Initial Study/Negative Declaration and
9 considered public comments before making a recommendation on the project.
10
11 4. The record of proceedings of the decision on the project is available for public
12 review at the City of Petaluma Planning Department, City Hall, 11 English Street,
.13 Petaluma, California.
14
15 Findings for Rezoniniz to Planned Unit District:
16
17 1. That the Planned Unit District will result in a more desirable use of land and a
18 better physical environment than would be possible under any single zoning district
19 or combination of zoning districts.
20
21 The proposed PUD will allow uses more compatible with the existing surrounding
22 uses and will delete some uses currently allowed in the C -H, Highway
23 Commercial District, which may no longer be appropriate for the site. No change
24 is proposed to existing structures, parking, or landscaping. The project has been
25 conditioned to provide additional street trees and to underground overhead utility
26 lines, which will result in a more attractive streetscape. In addition, any future
27 change in use will be required to comply with the provisions of the Zoning
28 Ordinance (unless otherwise provided in the PUD Development Standards),
29 including, but not limited to, building and site design, parking, and landscaping.
30
31 2. That the proposed rezoning to PUD is consistent with the provisions of Article
32 19A, Planned Unit District, of the Zoning Ordinance.
33
34 The project complies with the applicable provisions of Article 19A and provides
35 for development standards and permitted and conditional uses. The Planned Unit
36 District allows for a mixture of uses, densities, building intensity, or design
37 characteristics. In accordance with Article 19A, any and all compatible land uses
38 may be allowed in the PUD.
39
40 3. That the PUD is proposed on property which has a suitable relationship to one or
41 more thoroughfares, and that said thoroughfares are adequate to carry any
42 additional traffic generated by the development.
43
44 The site is located at the intersection of Keokuk Street and Magnolia Avenue.
45 Keokuk is designated as a collector street and Magnolia Avenue is designated as
34
Planning Commission Minutes - December 8, 1998
1 an arterial in the General Plan. Site access is provided from both Keokuk Street
2 and Magnolia Avenue. No intensification of use is proposed; therefore, no
3 significant additional traffic would be generated at this time by this project. A
4 future change in use would be evaluated based, in part, on traffic generated and
5 the adequacy of the existing street network to accommodate such traffic.
6
7 4. That the plan for the proposed development presents a unified and organized
8 arrangement of buildings and service facilities which are appropriate in relation to
9 adjacent or nearby properties, and that adequate landscaping and/or screening is
10 included to ensure compatibility.
11
12 The site is developed with existing buildings, parking, landscaping, and other site
13 improvements, which are appropriate to the current use and to adjacent uses. A
14 future change in use would be required to comply with the adopted development
15 standards, and/or applicable provisions of the Zoning Ordinance and Municipal
16 Code.
17
18 5. That the proposed project, as conditioned, will not be detrimental to the public
19 welfare, will be in the best interests of the City, and will be in keeping with the
20 general intent and spirit of the zoning regulations of the City and with the General
21 Plan.
22
23 The project, as conditioned, complies with the applicable provisions of the
24 Municipal Code and the General Plan. No change in use is proposed at this time.
25 The existing business has been in operation for 33 years and provides a basic
26 community service. No change is proposed to the existing General Plan
27 designation of Public and Institutional. The existing use is consistent with the
28 General Plan designation.
29
30 6. That the proposed project has complied with the requirements of CEQA through
31 the preparation and adoption of a Negative Declaration prepared for this project,
32 which addresses the potential environmental impacts associated with its
33 development, and no further environmental analysis is necessary.
34
35 In compliance with the requirements of the California Environmental Quality Act,
36 an Initial Study was prepared for the rezoning of the site from C -H, Highway
37 Commercial, to PUD (the tentative parcel map is exempt from CEQA review).
38 Based upon the Initial Study, a determination was made that no significant
39 environmental effects would result. Consequently, a Notice of Intent to Adopt a
40 Negative Declaration was prepared A copy of this Notice was published in the
41 Argus Courier and provided to residents and occupants within 300 ft. of the site,
42 in compliance with CEQA requirements.
43
44 Findings for Tentative Parcel Map:
45
35
Planning Commission Minutes - December 8, 1998
1 1. That the Tentative Parcel Map, as conditioned, is consistent with the provisions of
2 Title 20, Subdivisions, of the Municipal Code.
3
4 The two parcels will create separate buildable lots which are appropriate to the
5 surrounding area and with the existing uses, which currently provide access to
6 public streets, and which are consistent with the applicable provisions of the
7 Zoning Ordinance. Public facilities and site improvements are currently in place.
8
9 2. That the Tentative Parcel Map, as conditioned, is consistent with the provisions of
10 the California Subdivision Map Act.
11 .
12 The tentative parcel map is consistent with the provisions of Article 5, Parcel
13 Maps, of the Map Act, regarding compliance with local ordinances for the review
14 and approval of parcel maps.
15
16 Conditions of Approval:
17
18 From the Planning Department:
19
20 1. Approval is granted for the project in accordance with plans submitted to the
21 Planning Department, dated October 5, 1998, project narrative, and proposed
22 PUD Development Standards, as conditioned and/or revised, including:
23
24 a. Parcel 1 - Permitted and conditional uses as listed in the December 8th
25 Planning Commission staff report.
26
27 b. Parcel 2 - Single family dwellings and accessory uses as permitted uses.
28
29
30
31 tr ees h b e l ec t e d f fe a nd pla i f d ° ; tl, the City of D °t a l tifn
32 List erAppreved Street Trees, dated -june - 1993, and the St-andaf:d Tr-ee Planting
33 ,
19 Th �s -inc� but t t; t
34 -• c� a °c�vaciue- nvr�cz�rcv.
35
36 a. All new trees be ., m 15 gallen size (: tr,,,v diameter- e
8 et sh b d stall _
39
40 b. All planting shall - be - maintained he r-eviing eenditien. Tf:�-e
41 fnaintenanee shall include where ,
42 , tfees shall be
43 r °a ;tl, „lt° .,t° ef ° tf ees t enstife n t:., °a eem ,itl,
44 e,, ti n efthis s ,.t;,..,
45
36
Planning Commission Minutes - December 8, 1998
1 C. All work vAthin the publie right of way shag r-equke an exewvatie
3
4 2. Unless otherwise addressed within the PUD, development standards, all applicable
5 provisions of the Zoning Ordinance, Site Plan and Architectural Review
6 Committee Design Guidelines, and the Municipal Code shall apply, including, but
7 not limited to, signs, parking, and performance standards.
8
9 3. In accordance with the provisions of the Petaluma Municipal Code, the applicant
10 shall pay City Special Development Fees, if applicable, at time of building permit
11 application, including, but not limited to, the following: sewer connection, water
12 connection, community facilities development, storm drainage impact, school
13 facilities, and traffic mitigation fees.
14
15 4. The applicants/developers shall defend, indemnify, and hold harmless the City or
16 any of its boards, commissions, agents, officers, and employees from any claim,
17 action, or proceeding against the City, its boards, commissions, agents, officers, or
18 employees to attack, set aside, void, or annul the approval of the project when
19 such claim or action is brought within the time period provided for in applicable
20 State and/or local statutes. The City shall promptly notify the
21 applicants/developers of any such claim, action, or proceeding. The City shall
22 coordinate in the defense. Nothing contained in this condition shall prohibit the
23 City from participating in a defense of any claim, action, or proceeding if the City
24 bears its own attorney's fees and costs, and the City defends the action in good
25 faith.
26
27 From the Engineering Department
28
29 1. Frontage Improvements.
30
31 a. If an underground district for Magnolia Avenue has not been
32 formed by the City within three yeas of recordation of the parcel
33 map, the property owner shall Uunderground all overhead utilities
34 that traverse or run along the frontages of + he pafeel Magnolia
35 Avenue frontage of the subject parcel. dffeugh the fefmafien er
36
37
39
40 2. Grading.
41
42 a. Provide an applicable grading plan indicating the grading for each
43 lot, cut and fill calculations, and drainage patterns for each lot.
44 b. Pad elevations, spot elevations, and slopes for all improvements,
45 existing and proposed utilities (including service laterals), and
37
Planning Commission Minutes December 8, 1998
1
surface drainage improvements shall be shown. on the map.
2
C.
An erosion prevention plan shall be prepared.
3
d.
Drainage swales shall be collected in a conduit and directed through
4
the curb face or to a storm drain system.
5
e.
Any existing structure above or below ground that are abandoned
6
or not needed shall be removed. Structures shall include, but not be
7
limited to, fences, retaining walls, pipes, debris, etc.
8
9 3.
Site Drainage and Storm Drains.
10
11 a.
Provide the necessary drainage improvements to prevent lot -to -lot
12
drainage.
13
b.
The proposed storm drain outfall into the adjacent creek shall be
14
designed and constructed per the current Sonoma County Water
15
Agency standards.
16
17 4.
Site Sanitary
Sewer and Water Systems.
18
19
a.
The private sanitary sewer serving Parcel 2 shall be privately
20
maintained.
21
b.
A separate water meter shall be provided for landscape irrigation
22
systems or as required by staff.
23
24 5.
Parcel Map.
With the submittal for the Final Parcel Map:
25
26
a.
Show all existing or proposed easements that are within the
27
boundary of this subdivision.
28
b.
Provide documentation of any existing off site easements (public or
29
private) that are to be used by this subdivision.
30
C.
Provide the necessary easements for public or private water,
31
sanitary sewer, and storm drain facilities.
32
d.
Provide the necessary easements for private and public access.
33
e.
Prepare the necessary private roadway, sanitary sewer, water line,
34
and storm drain maintenance agreements for recordation with the
35
parcel map.
36
f.
The dedication of easements shall be shown on the parcel map or as
37
separate documents from the responsible party.
38
g.
Recorded map information and sources must be provided for all
39
adjoining streets and parcels. In addition, the centerline distances
40
between monuments, bearings, and distances, proposed monuments
41
to be set, and ties from the centerline to the existing right -of -way
42
must be shown on the map to locate the property corners.
43
44 6.
General Conditions.
45
38
Planning Commission Minutes - December 8, 1998
1 a. The developer shall keep the existing public streets clean that are
2 used for access to the site during construction.
3 b. The Parcel Map shall be prepared per the latest City policies,
4 standards, codes, resolutions, and ordinances.
5 C. Plans for the proposed private on -site improvements shall be
6 prepared and submitted to the building division for a building
7 permit. The proposed improvements shall be completed prior to
8 Parcel Map recordation.
9
10
11 III. HOLMBERG ROOFING COMPANY, 16 CEDAR GROVE PARK; AP
12 NO. 006 - 051 -079; FILE NO. CUP93012.
13
14 Consideration of revocation action of the September 28, 1993 Conditional Use
15 Permit ( #93012) held by Holmberg Roofing at 16 Cedar Grove Park, due to
16 continued non - compliance with conditions of approval.
17
18 Senior Planning Technician Thomson presented the staff report.
19
20 The public hearing was opened.
21
22 SPEAKERS:
23
24 Commissioner Healy Were hours of operation specified in CUP?
25 Sr. Planning Technician Thomson - No hours of operation were specified in CUP, for
26 noise complaints staff defers to Noise Ordinance.
27 Carl Voss - Legal Counsel for Holmberg Roofing - Major issue is unauthorized open
28 storage areas; acknowledged some infractions, especially during some busy roofing
29 periods; Mr. Holmberg vows to rectify problems; for clarification - what is purpose of
30 limiting outdoor storage, why was the area defined ?. for appearance? flooding or aesthetic
31 concerns ?; restrictions seem very narrow; could a single -story storage facility be erected?
32 owner is flexible, will work very hard to meet conditions; there are more options available
33 than staff's recommendations; large (25 +) number of employees would be affected if this
34 business were closed.
35 John Cheney (for Mr. Callanan of 51 Rocca Drive) - Presented photos taken yesterday
36 of the site; read letter from Mr. Callanan (copies of letter distributed to Planning
37 Commission); many complaints including toxic clean-up; take immediate action - constant
38 noise, dust, debris dumpster; disregard for neighbors and neighborhood.
39 John Cheney - 55 Rocca - Illegal filling in 1993; backyard flooded 6" plus; in the summer
40 the business started as early as 5:30 AM (diesel trucks, fork lifts); drainage ditch (cement
41 culvert) installed with no check valve; complaints resulted in a hearing at Planning
42 Commission; Holmberg at Planning Commission promised to fix drainage; 1994 through
43 1998 nothing was done; small trees were planted this year, they are. dead or dying; Mr.
44 Holmberg has no respect for his neighbors; worst neighbor he has ever dealt with; revoke
45 CUP.
39
Planning Commission Minutes - December 8, 1998
1 Carl Voss - Review photos taken on Sunday; there are many unfounded complaints
2 regarding toxic materials and noise.
3 Mark Berardi - Aerial photos (1993 and currently) roofing business only owns one diesel
4 truck; the dust problem has been solved; has ordered more 15 gallon trees, larger sizes to
5 replace dying trees; has talked to staff regarding where /when violations have occurred;
6 will do whatever required to stay in business; sound w all/storage albuilding �lanan that
7 would like a permanent building on a concrete pad; agrees the
8 existing storage containers need doors; working hard to keep site clean; frequent loads to
9 dump to remove debris; has worked hard to improve the site; everyone involved should
to work together to reach a :happy medium ".
11 Commissioner Torliatt - Any hours of operation in CUP?
12 Acting Director Smith -None, limited to Performance Standards in Zoning Ordinance.
13 Carl Voss - The areas of non - compliance are landscaping and open storage; the business
; Holmberg is committed to satisfying conditions and
14 is now in compliance with grading
15 will agree with any conditions to rectify situation; allow due process.
16 Commissioner Healy - Clarify staff recommendations.
17 Acting Director Smith - This action is restricted to violations of Use Permit; Mr. Voss
18 made some suggestions regarding improvements to land (permanent structures) which
19 may not be in the spirit of the General Plan designation for this prope 1 (park)
20 Commissioner Bennett - Revocation of use permit would only a to this business at
21 this site, would not preclude this business from operating at another site.
22 Maurice Matheson - 23 Woodworth Way - All roofing material contains toxic chemicals,
23 dust masks are required.
24 Mark'Berardi Tar, debris taken to dump on a regular basis.
25 Commissioner Healy - Would like to hear from the Commissioners that were at the 1993
26 hearing.
27 Chairman Thompson - Was on Planning Commission when CUP was issued; used very
28 much tim e/City expense on compliance issues; CUP should be revoked six months from
29 this date.
30 Commissioner Bennett -Has not been a good faith effort on the property owner's part;
31 history of stru trying to get this business into compliance; never seen as a long -term
32 use for this property; is bothered that they will be putting someone out of business.
33 Commissioner Torliatt - Likes to give people a chance, but there has never been
34 compliance; the site is cleaner than in 1993; feels like we will be here again in another 6
35 months; this has taken too long; has given five years of chances to this business.
36 Commissioner Healy - Agrees with Commissioner Bennett; this is a difficult decision;
37 business owner was given a very clear messag
t
t at h at h August 1
be z m tol that CUP
38 would be revoked if compliance was not reached,
39 Commissioner Broad - Not a difficult decision; very clear conditions in CUP;
4o recommend six months notice of CUP revocation. Holmberg
41 Commissioner Feibusch - Agrees with Commission; if there are. any g
42 employees present, the problem has been with the business owner.
43
44 The public hearing was closed.
45
40
Planning Commission Minutes - December 8, 1998
1 A motion was made by Commissioner Broad and seconded by Commissioner Healy to
2 revoke Conditional Use Permit #93012 (approved 9/28/93) which authorized Holmberg
3 Roofing to utilize the property at 16 Cedar Grove Park, APN 006 - 051 -079 for a roofing
4 business with open storage. Staff was directed to send written notice that after six months
5 from the date the letter was mailed (June 14, 1999), the roofing company shall terminate
6 its use and vacate the property entirely (removal of all materials, equipment and vehicles).
7 This decision was based on the following findings:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Commissioner Bennett: Yes
Commissioner Broad: Yes
Commissioner Feibusch: Yes
Commissioner Healy: Yes
Commissioner Torliatt: Yes
Commissioner Vieler: Absent
Chairman Thompson: Yes
Findimm
1 The open storage of roofing materials on the Holmberg Roofing site in areas not
approved by the City does not conform to the requirements and intent of the
9/28/93 Conditional Use Permit conditions of approval, as the business continually
illegally expands its outdoor storage area to include areas not approved by the
Planning Commission (see chronology/background in Planning Commission
12/08/98 staff report).
2.
27
28
29
30
31
32
33
The open storage of roofing materials on the Holmberg Roofing site in areas not
approved by the City does not conform to the requirements and intent of the
Petaluma Zoning Ordinance Section 21 -300 as the illegal expansion; constitutes an
intensity of use on site; is into areas not screened from adjacent properties; is
incompatible with the surrounding residential uses; inhibits vehicular circulation on
site; and has been expanded at times into areas designated floodway by FEMA
(Federal Emergency Management Agency,) as designated on the Federal Insurance
Rate Maps for the City of Petaluma.
34
35 3. The open storage of roofing materials on the Holmberg Roofing site in areas not
36 approved by the City does not conform to the requirements and intent of the
37 General Plan land use for this site which is designated park. Vacation of the site
38 would provide for a less intense use adjacent to neighboring residential uses.
39
40 4. The open storage of roofing materials on the Holmberg Roofing site in areas not
41 approved by the City is detrimental to the public welfare of the community as
42 noise, increased hours of operation, aesthetics (the open storage location, and
43 method of storage), dust generation, and debris from used materials constitutes
44 adverse affects on adjacent lands that support residential uses.
45
46 5. This decision is found to be in compliance with condition #1 (which grants the City
41
Planning Commission Minutes - December 8. 1998
a
1 the ability to terminate the CUP), and 47 (which grants the City recall and
2 revocation ability) of the Conditional Use Permit.
3
4
5 IV. LIAISON REPORTS:
6
7 Commissioner Healy inquired as to his status on the Central Petaluma Specific
8 Plan Committee - should he still represent the Planning Commission at the next
9 meeting? (.Answer, yes). Commissioner Torliatt - Bike Committee meets
10 tomorrow night.
11
12
13 ADJOURNMENT: 11:40 PM
14
15
s �pc-pl an'vninutes t 120 8
n
42