HomeMy WebLinkAboutMinutes 02/11/1997Planning Commission Minutes - February 11, 1997
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REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL - PETALUMA, CA
February 11, 1997
7:00 PM
Commissioners: Present: Bennett, Feibusch, Maguire, Rahman (Arrived at 7:05 P�1).
Thompson, vonRaesfeld, Wick*
Staff. Pamela Tuft, Planning Director
James McCann, Principal Planner
Chairperson
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES: Minutes of January 28. 1997 were approved with corrections to
page 4.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: APA National Conference Update; Distributed General Plan Goals,
Objectives, Polices and Programs summary.
COMMISSIONER'S REPORT: None.
CORRESPONDENCE: Memo from Planning staff identifying revised findings regarding
Thora Estates; memo from Engineering staff regarding Thora Estates.
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on agenda.
NEW BUSINESS
PUBLIC HEARING
I. THORA ESTATES SUBDIVISION; J.E. MCNAMARA AND ASSOCIATES; 21,
23, 25, 27 AND 29 CHERRY STREET; AP NO. 006 - 092 -009 (jcm).
Request for adoption of a Negative Declaration and approval of up to ten Variances and a
Tentative Subdivision Map to subdivide a 0.57 acre developed property into five
residential lots. The existing older single - family homes will be retained on each of the
resulting lots; no new construction is proposed in conjunction with this request.
Principal Planner McCann presented the staff report.
Planning Commission Minutes - February 11, 1997
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2 The public hearing was opened.
4 SPEAKERS:
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.6 Commissioner Ma wire - Why did Mr. Hargis revise his recommended conditions?
7 Principal Planner McCann - Engineering Department reevaluated recommended conditions.
8 Commissioner Bennett - Would variances apply only to existing structures? Would new
9 structures enjoy some reduced setbacks?
10 Principal Planner McCann - No, new structures must respect the Zoning Ordinance.
11 Commissioner vonRaesfeld - Will UBC Codes be satisfied with the creation of the new lot lines?
12 Principal Planner McCann - Yes, addressed through the Building Division condition.
13 Jim McNamara - Applicant's Civil Engineer - All conditions modified are reasonable and
14 acceptable.
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16 The public hearing was closed.
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18 A motion was made by Commissioner Feibusch and seconded by Commissioner Maguire to
19 approve the variances to side yard setbacks for the accessory structures on proposed Lots 1
20 through 5, and to recommend to the City Council adoption of a Negative Declaration and
21 approval of the Tentative Subdivision Map based on the amended findings and amended
22 conditions listed below:
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24 Commissioner Maguire: Yes
25 Commissioner Bennett: Yes
26 Commissioner Feibusch: Yes
27 Commissioner Rahman: Yes
28 Commissioner Thompson: Yes
29 Commissioner vonRaesfeld: Yes
30 Chairman Wick: Yes
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32 Findings for Adoption of a Negative Declaration of Environmental Impact:
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34 1. An Initial Study has been prepared and proper notice provided in accordance with CEQA
35 and local guidelines.
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37 2. Based upon the Initial Study and comments received, there is no substantial evidence that
38 the project would have a significant effect on the environment.
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40 3. The project does not have potential to affect wildlife resources, either individually or
41 cumulatively, and is exempt from Fish and Game filing fees because the project site is
42 fully developed, surrounded by urban development, and contains none of the resources
43 defined in Section 711.2 of the Fish and Game Code.
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45 4. The project is not located on a site listed on any Hazardous Waste Site List complied by
46 the State pursuant to Section 65962.5 of the Government Code.
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48 5. The Planning Commission has reviewed the Negative Declaration and considered any
49 and all comments before making a decision on the project.
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51 6. The record of proceedings of the decision on the project is available for public review at
52 the City of Petaluma Planning Department, City Hall. 11 English Street, Petaluma.
53 California.
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Planning Commission Minutes - February 11, 1997
1" Findings for the Variances
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3 1. There are exceptional peculiar or unusual conditions inherent in the property sufficient to
4 cause a hardship in that the improvements (garages and fences and private yard spaces)
5 exist on the property in a configuration that precludes providing the current required
6 setback without creating an undue hardship by the relocation of long standing
7 improvements and private yard spaces. aid fiff:�her- that ffent setbaeks afe re duced b
vk4lle ef City initiated dedic-ation- ef Jqr&pe-�Y' upon which homes and landse-
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2. The hardship is not created by an act of the owner or by a neighboring violation in that
the structures in question are pre - existing and were not constructed by the applicant. aFA
LI that the City has initiated the dedi
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15 3. The variances would not result in a special privilege for the applicant which is not
16 enjoyed by neighboring properties: other older homes in the neighborhood also have
.I7 accessory structures which do not meet current setback requirements. No new
I8 construction is proposed for any of the proposed lots.
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20 4. The variances would not be detrimental to adjacent properties or the general public
2'1 interest because the structures have existed on the property since approximately 1930. no
22 new development is proposed. and maintenance easements will be provided.
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24. Findings for the Tentative Subdivision Man
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26 1. The proposed subdivision, as conditionally approved, is consistent with the General Plan
27_ by virtue of creating five individual lots at a density of 8.8 dwelling units per acre
28 (consistent with the density range of the Urban Diversified Land Use designation); and
29. by providing an expansion to the range of housing types within the City and by
30 providing an opportunity for homeownership to citizens of different economic levels.
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32 2. The site is physically suitable for the type of Urban Diversified density single - family
33 residential development as proposed as evidenced by the pattern of development in the
34 neighborhood and in other similar Urban Diversified areas within the City. Further, the
35 density proposed (8.8 dwelling units per acre) is within the allowable density range of 5.1
36 to 10.0 dwelling units per acre in the urban Diversified category. Additionally, no
37 exceptions or variances from typical development standards are requested to
38 accommodate the subdivision except those necessary to accommodate preexisting
39 structures and improvements in relation to historical use lines (and corresponding new
40 lot lines) and to reflect the exaction of property for public right -of -way purposes..
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42- 3. The Tentative Subdivision Map, as conditioned, complies with the requirements of the
43 Municipal Code, Chapter 20.20 and the Subdivision Map Act.
4. The proposed map has complied with the requirements of CEQA, through the preparation
and adoption of a Negative Declaration finding that the proposal will not have an adverse
environmental impact.
49' Conditions of Approval
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1. 1. All conditions of the Planning Department shall be met, including:
53 a. Maintenance agreements shall be recorded, prior to Final Map approval, between
54 lots with setbacks less than four feet from the property line to allow for normal
Planning Commission Minutes - February 11, 1997
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repairs and painting of the buildings. Said agreements shall be subject to review
and approval by Planning and Engineering staff prior to recordation.
b. Within five days of the adoption of the Neaative Declaration by the City Council,
the applicant shall submit a check to the Planning Department in the amount of
$35.00 payable to the Sonoma County Clerk for the Notice of Determination
filing fee.
C. The applicants shall defend, indemnify, and hold harmless the City or any of its
boards, commissions, agents, officers, and employees from any claim, action or
proceeding against the City, its boards. commissions, agents, officers, or
employees to attack, set aside, void, or annul. the approval of the project when
such claim or action is brought within the time period provided for in applicable
State and/or local statutes. The City shall promptly notify the applicants of any
such claim, action, or proceeding. The City shall coordinate in the defense.
Nothing contained in this condition shall prohibit the City from participating in a
defense of any claim, action, or proceeding if the City bears its own attorney's fees
and costs, and the City defends the action in good faith.
All conditions of the Engineering Department shall be met, including:
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tE) b e w'thiii a 50 feE ( f 4 half s4eet) fight 4 way with 36 feet (19 feet haif
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An ,.1,.. + pefm ,t, I l 1, l a f 1, rl, - I - - - - - + -- v' .t
the existing perehes leeate � - th'izr the fer uif area ef— QLdication. Staff wi11
."HaRee of this efiefOaellfflefit
Provide and install two City standard centerline street well monuments along the
centerline of Cherry Street pursuant to Petaluma Municipal Code Section
20.24.240. Locations of the required monuments shall be determined by the
Director of Engineering prior to final map approval.
No lot to lot drainage is permitted. Surface runoff shall be addressed within each
individual lot then conveyed to an approved storm drain system. If the proposed
lots cannot reasonably be drained towards Chem- Street, then private storm drain
easements shall be created with an underground collection system constructed.
Privately maintained drainage systems shall have a mechanism to assure long-
term maintenance (i.e. CC &Rs, maintenance declaration).
Acceptable verification of existing separate sewer and water services shall be
provided with the Final Map submittal fees for any new connections shall be paid
prior to Final Map approval.
Provide record title information for the existing 30 foot right -of -way (Cherry
Street) as shown on the tentative ma a also .
ma p. 11—Ands -c -rotes the -s em
A lot line adjustment between this project and the adjacent Lands of Chute, et al.
(APN 006 - 092 -016) shall be performed by this project proponent prior to final
map approval. The lot line adjustment shall adjust the common property line to a
location acceptable to City staff and/or which follows occupation lines.
The developer shall comply with all requirements of the Petaluma Municipal
Code including but not limited to Chapter 20 Subdivisions.
All conditions of the Fire Marshal shall be met, including:
a. Smoke detectors shall be provided in all sleeping rooms and common hallways.
Detectors shall be hardwired with battery backup. Electrical circuits supplying
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Planning Commission Minutes - February 11. 1997
1 detectors shall be separate dedicated lines with no other devices on the circuits.
2 Work is to be done prior to final map approval.
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4 4. All conditions of the Building Division shall be met, including:
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6 a. Garage walls within 3 feet of a property line must have a one hour fire - resistance
8 UBC and not contain and openings (see Chapter 5 of the 1994
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H. STATUS REPORT:
1. 520 Galland Street (CUPS - Planning Director Tuft and Police Chief DeWitt met
with operator of facility - operator made decision to close the operation and
relinquish CUP.
2. Fantastic Foods (CUP) - CUP was administratively re- granted - working with
staff on outstanding issues.
I Salishan Apartments (SP ARC) - Cin- Council authorized expenditures to allow
additional embellishments required by SPARC.
4. Compagno CUP (Appeal) - Appealed to City Council - will be heard later this
month.
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III. LI.aISON REPORTS
Commissioner Bennett - Central Petaluma Specific Plan - moving ahead slowly; Special
meeting on February 24 to work -out process: Committee going over Scope of Services.
ADJOURINTMENT: 7:20 PM
min0211 / plan76
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