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HomeMy WebLinkAboutMinutes 09/28/1993I, PLANNING REGULAR MEETING. CITY COUNCIL-CHAMBERS CITY HALL PLEDGE OF ALLEGIANCE. MINUTE'S September °28, '1993 7 :00 P.M. PETALUMA,,CA ROLL CALL: Bennett *, Parkerson, Rahman (arrived. 7:05 PM), Shea, Thompson, Torliatt; vonRaesfeld STAFF: Pamela Tuft, Planning Director Jim McCann, Principal Planner Kurt Yeiter; Principal; Planner * Chairman MINUTES OF September 14, 1993 were approved as amended. PUBLIC COMMENT: (15 minutes maximum). The Commission will hear public comments only on matters over ,. which -they have jurisdiction. There will be no Commission discussion -or action. The chairman.will allot no more than five minutes to any individual. If more than three persons wish to speak, their time" will- be allotted so that the total amount of time allocated to this agenda item will be 15' minutes. DIRECTOR'S REPORT: None. .COMMISSIONER'S REPORT: None. CORRESPONDENCE: Memo from Jim McCann regarding Holmberg Roofing CUP; Sept.. 24 General Report; "Take A New Look'At Petaluma" Brochure; letter to Commissioners from Felix Weyle. APPEAL STATEMENT: Within fourteen (14) calendar days following. the date of a decision of the Planning Commission, the decision may be appealed to the. City Council by the applicant or ,by any other interested party. If no appeal is made within that time, the decision shall be: final. An appeal shall be addressed to the Council in writing .and shall be. filed with the City Clerk. The appear shall state specifically the grounds' for the appeal and the relief sought'by the appellant. LEGAL RECOURSE STATEMENT: Was noted on the agenda. 1 Planning Commission Minutes OLD BUSINESS: September 28, 1993 49 I. COUN'T'RY CLUB 2a /3a, LEONARD JAY ENTERPRISES, INC... Status report of the progress of the 'Tentative Map and Planned Unit Development Plan/Guidelines for the hillside subdivision. Project status report presented by Principal Planner Jim McCann CON' T4UED PU BLIC HEARING co II. ALAN HOLMBERG, 16 CEDAR GROVE PARK,. AP NO. 006- 051 -67, FILE NO. V) CUP93012. Request to authorize open storage at 15 Cedar Grove Park. The following actions are required: 1.; Adoption of a Mitigated Negative Declaration. 2: A Conditional Use Permit to authorize open storage. The public hearing was opened (continued): SPEAKERS: w;. P rincipal_ Planner Jim McCa presented the staff report. Commissioner Rahman - Question regarding toxic materials from roofing business on site? Planning' Director Pamela Tuft - Clarified question of roofing business' status - is a non conforming use; there shouldn't be any toxics from roofing materials (since they are placed on homes) should not contain toxic substances. S teve Butler - Attorney for applicant - concerns regarding recommended 5 -year sunset clause; concerns with Mitigation 2 (concrete drainage ditch); requested more time for the installation of landscaping; would like recall condition deleted. Jo Cha ne y - 55 Rocca Drive - reviewed staff report; flooding concerns; outside storage should .be, anchored to ground; no fill should be allowed; landscaping would be Helpful, plant material should be large at time of planting; weed abatement needed; questioned length of time business has been in operation; raised gravel surfaces have caused flooding on adjacent properties; City needs to be very sensitive in this area; noise has been getting louder /W,orse; submitted photos. Everett Sartori 59 Rocca Drive - serious flooding concerns. Mr. West - There was fill placed on June 9/10; concerns regarding noise. Steve Butler - Mr.. Holmberg will attach storage.. containers to ground; will install fast - growin� 5 gallon shrubs and shrubs along property line. Commissioner Torliatt - Would like to hear from Building Official. Chief Building Official Joe Kagan - Gave summary of grading activities at the site; complaints received (last one October 13, 1992); no grading permit on file; about 10 loads of fill were brought onto site - 2 loads were spread, the other 8 were stored in stockpile area (per City Inspector's request); storage containers need to be anchored to ground in a proper fashion. Commissioner von Raesfeld - Are grading plans referred to Sonoma County Water Agency? Concerns that all grading plans should be referred. Commissioner Torliatt - Who determines where flood areas are? Commissioner Parkerson - Visited the site today; an effort has been made to clean the site; conditions cover most concerns. 7 5® Planning Commission Minutes September 28, 1993 Commissioner Shea - Conditions are reasonable; concerns regarding toxics in soil /river; 5- gallon shrubs are, not adequate. Commissioner Thomson - Planting plan should be run by Parks Department for quick overview if this site will be a future park. Commissioner Torliatt Holmberg's phone number ,should. be public, record since Mr. Holmberg has stated that neighbors should call him-with complaints; flood areas should be staked for 2-4. weeks. so everyone will know where flood, areas are. QmmissionerBennett Wants Engineering;opinion of 84 storm drain. design.. Alan - Tilton (for Engineering Department) ` - Sonoma. County Water Agency will be required to sign off on this storm drain. The public hearing was closed. A motion was 'made by Commissioner Parkerson and seconded. 'by Commissioner Thompson to adopt a. Mitigated Negative Declaration and a rove a Conditional Use Permit to authorize open storage in conjunction 'with; Holmberg Roofing business located at 16 Cedar Grove Park based on the findings and subject to the amended conditions listed below: COMMISSIONER SHEA: Yes COMMISSIONER PARKERSON Yes COMMISSIONER RAHMAN: yes COMMISSIONER THOMPSON: Yes CHAIRMAN BENNETT Yes, COMMISSIONER TORLIATT: Yes COMMISSIONER Yes Environmental Findin s 1. Based upon. -the Initial Study and comments received, potential, impacts could -be avoided or reduced to a level of insignificance by mitigation measures attached' as conditions of a roval. There is - no substantial. evidence that the project, as mitigated, would have a significant effect on the environment. 2. The project does have potential to affect wildlife resources as defined .in the Fish - arid Game code, either individually or cumulatively and is not .exempt from Fish;and Game- , filing fees because the .continued use: of the site will have potential adverse effects on lands which support fish and wildlife resources. Miti ations 1. All roofing supplies and miscellaneous outdoor storage shall be relocated out of the f floodway within 30-days following approval of the use permit, subject to staff review - and approval. 2. The grading plan shall be prepared by a registered engin eer. and:.submitted,ao the City for review and approval within thirty' (30), days of approval of the..use ermit. Said plan shall include the following: p a. A standard Sonoma County Water Agency outfall or connection to. the existing 84 storm drain pipe to accept the storm water flow'f a necessary drainage ditch shall be* required. Approval from SCWA ,on entire grading plan as well as outfill prior to issuance of a grading permit shall' be "required. 1 3' i IA i, Planning Commission Minutes September 28, 1993 N The grading plan shall include a concrete- lined drainage ditch along the northerly boundary of the site c: Slope and flow lines of the required drainage Glitch shall be shown. d:I The grading: plan shall show the locations of all. existing structures, storage containers, and the location of outdoor roofing supply storage. (Note: The information shown on the site plan prepared 678/93 by Mogel Engineering is adequate). e, Grades (existing and proposed) shall be shown on and adjacent to the work area. 3. The applicant shall submit to the City the required Fish and Game Fees ($1,275.00) in. the form of a check matte out to the County of Sonoma within seven (7) .days of. project approval. The Notice of Determination must be filed with the County with the Fish and Game fees prior to the' issuance of any grading permits. 4. All permits requested and /or required for additional.site work (grading, excavation, and fill) in connection with Holmberg Roofing shall be referred to the Sonoma State University's Department of Archaeology for review and approval prior to issuance of said permit by the City. 5. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend`immediaieuand future action. Use Permit Findings 1., The proposed open..storage as an interim use is not in conflict with the policies of the General Plan. 2: The proposed open,.storage area, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 3. 'T'he proposed open storage area, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan by allowing for some economic use of the land while preserving the site for future use as a . public park adjacent to the Petaluma River. 4. The proposed open storage area, as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions . 1. T��se- pelt- €o�- oatdoer �tfxxage- �k�lk- be -v�i�� �- per- �d- o€€� {5} F� -fit the- OtO4F- 6t ©Fgf'-tE}-EE}Atii�tl�-�- 2-�i�� The Use Permit for the. interim outdoor storage use shall be valid for five years. At the end of the five years, the Use Permit shall automatically be extended for one year on . a yearly basis until such time as the City terminates the permit by giving six months written notice, at which time the permit shall become null and void and all outdoor storage use on the property shall cease. In the 51 4 Planning. Commission Minutes September 28, 1993 event it is necessary for the City to condemn the property or a portion thereof for any reason; it is agreed - between the gpplicant and the City that the outdoor storage facilities . and use granted by the Conditional Use Permi6hall not be deemed: to have any value . for condemnation evaluation. It is further agreed in this condition that. the construction :of arty facility or the use'of -the property as anoutdoorstorageuse shall - not in � any mannerbe considered or- ripen into. a vested .right after termination by. the City. Applicants' acceptance the permit and use of the. property. under said'permit shall be deemed an agreement and acceptance of this condition° and, its terms - In =addition;. the Use Permit with its conditions' shall be recorded so that. there is, no question to any potential successor in interest or lender °as to theprovisions and, intent of the permit and its termination. 2. The use of available space for opm— storage, shall be restricted to the area indicated on the revised. _site plan, materials . currently, stored- elsewhere on the site shall be:- relocated to be :consistent with this exhibit within thirty (30) :days of approval of the conditional use-permit. 3. No storage of any kind shall be permitted within the floodway.. 4.' All landscaping proposed. on the site . plan dated September 21, 1993, shall. - be installed within ninety (90) thin -t +34)- days"of approval of the conditional, use A .landscape plan shall, be "submitted to the 'Planning Director for review and approval within thirty (30) fl €teen4l5) days of'project approval. Landscaping plans subject to review and approval of Parks and Recreation Director. 5. Failure -to satisfy the conditions of approval -and /or mitigation measures�;within'; the . timefr,ames specified shall be deemed' a violation of the use a.nd groundsAfor revocation. 6. All conditions of the Fire Department shall be met, including.. a. Provide fire extinguishers 2A rated ABC dry chemical type as - required by the Fire Marshal. b.- Post address. at ornear main entry door - minim four (4) inch letters. c. No extension cords. All equipment and appliances shall be direct plug -in. d. Provide metal or flame retardant plastic waste cans. e. Provide KNOX box for key control- located on building, as required the. - Fire Marshal. £ Provide key with tag indicating address and suite number.for KNOX box. g. " Businesses storing hazardous . materials in amounts. which require submittal of a Hazardous Material's Management Plan . to. .the- -Petaluma .Fire. Department, shall have all documents submitted, approved and storage permit, issued by the Fire Marshal's office prior to C approval. ertificate of Occupancy - h. All- combustible - material, waste material, debris shall be removed on a regular basis by waste company orowner of business. 5 Planning Commission Minutes September 28, 1993: . 53 L' All on -site inventory shall be stored in accordance with the 1991 Uniform Fire Code Article 11;. Divisions III and V, NFPA pamphlet 231 for General Storage 1990 edition. J_ Provide. NO SMOKING signs as required. by the Fire Marshal in the storage I area.or areas: k.' Provide access, minimum- twenty (20) feet wide unobstructed, thirteen feet - six inches (13'6") -vertical height clearance to all areas of storage. 1. Permits for flammable or combustible liquid tank installation are required. from both the Fire Marshal's office and the- Sonoma County Public Health Co Department, Hazardous Materials Division, prior to beginning work.. co ni. Dispensing of flammable or combustible liquid from above - ground gravity flow tank is prohibited within the City of Petaluma. 7. This use permit may be recalled to the Planning Commission for review at any time due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise. generation, or other adverse operating characteristics. At such time, the Commission may revoke - the use permit or add /modify conditions of approval. NEW BUSINESS * ' PUBLIC "HEARING: III. DENNIS KEY, GROODY PARCEL MAP, 1393 MOUNTAIN VIEW AVENUE; AP NO. 019-232-04'. Request to rezone. a 1.05 acre parcel at 1393 Mountain View Avenue from R -1 20,000 to R- 18;000 and to grant a Subdivision Ordinance Modification. 1.' Recommend approval of a Negative Declaration. 2.� Recommend approval of a rezoning from R-1 20,000 to R- 18,000. 3.; Recommend approval. of a Subdivision Ordinance Modification to allow the creation of four single- family lots to gain access from a shared private drive. The public hearing was opened. SPEAKERS:. Commissioner Shea Six foot setback on proposed Lot 4 is insufficient. Commissioner von Raesfeld - Questions regarding design, issues, eg. curb cuts, etc. Dennis Kev Project Architect - Have worked on newer designs since preliminary staff review; will be a nice looking infill project. Commissioner Parkerson - Existing pine has been rudely topped, will it be retained? How about palm trees? Dennis Kev - Palm trees could be moved instead of destroyed. Commissioner Parkerson - the existing house being renovated is being done very well. Mark Groody - Project will be designed with high standards '(mother owns property). Commissioner Shea - In favor of project, would like setbacks to be - more than 6 feet, especially in area of existing building. 0 54 Planning Commission Minutes September 28, Commissioner Parkerson - Very nicely designed project. Commissioner von Raesfeld - No concerns. The- public 'hearing, was closed. A motion was made by Commissioner Torliatt and seconded by Commissioner Rahman to_ adopt a Negative Declaration, Rezoning from R -1 20,000 to R -1 8,000, and a Subdivision Ordinance to permit ther creation of four lots as conceptually proposed based . on the findings an&subject to the conditions listed below: COMMISSIONER SHEAr Yes COMMISSIONER .PARKERSON Yes COMMISSIONER. RAHMAN: Yes COMMISSIONER'THOMPSON: Yes CHAIRMAN BENNETf:, Yes, COMMISSIONER Yes. COMMISSIONER vonRAESFELD. Yes Environmental Findings L Based .on the Initial Study and comments received, the project will not have any significant impacts on the environment. -There is no substantial evidence that .the project would have a.significant effect on.the' environment. .2: .The ,project does not have the potential .to affect wildlife resource& as defined In the Fish and Game code, either individually .or cumulatively and is..exempt: and Game filing fees because the continued <use .of the site will not ;have'potential adverse effects on lands which support fish- and wildlife resources. Findings, for-: Rezoning 1. The proposed rezoning is consistent with the Urban Standard land use designation - of the General Plan Land Use .Map and. with the policies of the General Plan encouraging efficient use of available residential in -fill lands. 2. Public necessity, convenience and general welfare of the City of Petaluma clearly permit the adoption of the proposed rezoning. 3. The proposed rezoning will serve as a transition. for residential developme between the Mountain View Estates Subdivision and the Rancho Lindo Subdivision.. Findings for Approving a Subdivision Ordinance: Modification 1. There are special circumstances affecting the property because of its irregular shape which make it more beneficial to, permit the use of a shared, private driveway to gain access to the majority of the site. 2. A modification to the driveway standards . of Section 20.28.140 of the, _Municipal Code (Title 20) will serve to preserve usable lands for the benefit bf future property owners by significantly reducing the amount of roadway paving. 3. Granting the modification to allow four single-family residential lots to gain. access from one drivewill not be detrimental. to the public welfare or safety, or injurious to other property owners in the project area. 7 Planning Commission Minutes September 28, 1993- 55 COMMITT'EE BUSINESS IV. GENERAL PLAN REVIEW, FILE NO. GPA92003(ky). t Request for direction for schedule of future discussions on fifth -year review of the deneral Plan.. DISCUSSION (� PrincipatTlanner Kurt Yeiter - led the discussion. co Consensus was to schedule a special Planning Commission Workshop Meeting for Tuesday,-: November 2, 5:30 PM, City Manager's Conference Room. Commissioner She Requested that results of 1985 GP Survey be forwarded to Commission prior to November 2 meeting. ADJOURNMENT 9:15 PM. minO928 / pcmin9 s 1 1 i