HomeMy WebLinkAboutMinutes 01/11/1994N
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2 PLANNING COMMISSION MINUTES
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7 REGULAR MEETING January 11, 1994
8 CITY COUNCIL CHAMBERS 7:00 P.M.
9 CITY HALL PETALUMA, CA
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11 PLEDGE OF ALLEGIANCE.
Cn ROLL CALL: Present: Bennett *, Parkerson, Rahman, Shea, Thompson, Torliatt,
vonRaesfeld
STAFF: Jim McCann, Principal Planner
Teryl Phillips, Associate Planner
qmz
Chairman
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22 MINUTES OF December 14, 1993 were approved as amended.
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25 PUBLIC. COMMENT: Harold Mahoney (and others) requested that the public hearing
6 regarding Taco Bell be reopened.
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28 DIRECTOR'S REPORT: None.
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30 COMMISSIONER'S REPORT: Commissioner Rahman noted that she had viewed the
31 tape of the December 14, 1993 meeting.
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33 CORRESPONDENCE: Letter from Rev. Tharpe .regarding New Life Group Home (520
34 Galland) Letter from Robert Tanner regarding Taco Bell; Letter from Bruce MacPhail
35 regarding Food 4 Less; memo from staff regarding additional Use Permit condition for
36 Taco Bell.
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38 APPEAL STATEMENT: Within fourteen (14) calendar days following the date of a
39 decision of the Planning Commission, the decision may be appealed to the City Council by
40 the applicant or by any other interested party. If no appeal is made within that time, the
41 decision shall be final. An appeal shall be addressed to the Council in writing and shall be
42 filed with the City Clerk. Said appeal shall be accompanied by the appeal fee as specified
43 by Resolution 92 -251 N.C.S. as adopted by the City Council. The appeal shall state
44 specifically the grounds for the appeal and the relief sought by the appellant.
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46 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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48 CONSENT AGENDA: Items recommended for consideration under the Consent Calendar
1 5- 9 are considered to be routine in nature by staff and are recommended to be acted upon by a
0 single motion by the Planning Commission at the beginning of the meeting with no further
1 discussion. The item may, however, be removed from the Consent Calendar for discussion
2 in its normal order on the agenda by the applicant, a Commissioner, or an interested
53 member of the public by a simple request.
Planning Commission Minutes - January 11, 1994
OLD BUSINESS
I. HUGH MURPHY, TACO BELL, WASHINGTON SQUARE SHOPPING CENTER,
SOUTH MCDOWELL BOULEVARD AT EAST WASHINGTON STREET, AP NO.
007 -280 -049; FILE CUP92027(tp).
Continued request for approval of a Conditional Use Permit to authorize
construction of a 2,000 sq.ft. fast food restaurant with drive - through facility to be
located on a vacant site within Washington Square Shopping Center. The following
actions are requested:
1. Adoption of a Mitigated Negative Declaration.
2. A Conditional Use Permit to authorize the construction of the fast food
restaurant.
The public hearing was reopened.
SPEAKERS:
Associate Planner Teryl Phillips presented the staff report.
Nadine Sporiamore - Planning Consultant for applicant - Described project; applicant will
add security during evening hours; will hire off -duty Police personnel; noise to
neighborhood will be minimized with soundwall limiting hours of speaker use, etc.; Dinin
room will close at 11 PM; drive -thru only after 11 PM; the existing Taco Bell (franchise
will close this summer.
Principal Planner Jim McCann - In response to Commission question: Police Department
concerned with potential for demand on services, especially in early morning hours, want to
see 24 -hour security provided.
Ron Fitzpatrick - 317 Cortez - not opposed to a Taco Bell at shopping center; the whole
restaurant should close at 11 PM; troublemakers are out after 11PM; parking lot will
become a congregating place.
Harold Mahoney - Chairman of Board, Petaluma Inn - Taco Bell has reputation for
security problems; local government looking at income generated, not ramifications on
other businesses /restaurants; traffic study inaccurate; traffic already very bad; security
problem will be severe; area may be vandalized; low prices attract people who cause
problems; more study required; noise, vandalism, etc., will be main problems; Taco Bell
will add to existing problems in area; urges denial.
Marjorie Wilson - 1333 McKenzie - resident of area for 43 years; not NIMBY! likes Taco
Bell, but not the right location; hopes new $62 assessment for Police protection won't all be
spent on this project!; too many fast food restaurant incidents with Police recently; fix
traffic on McDowell before this project goes in; do not impose this unwanted business on
this neighborhood; urges denial.
Larry Sheldon - 1324 McNeil - concerns with trash, noise, etc.
Connie Lain - 324 Cortez - traffic study not accurate; drive -thru faces houses across street;
did not move to Petaluma for noise like this!; Submitted letter from Ruby and Jim Hajek -
313 Cortez - in opposition.
Louise Hope - 324 Cortez - shares same concerns already expressed.
Terry Finn - Washington Square Manager - comments regarding security (will cooperate
with Taco Bell /Police) on security for entire center - 24 hour will be put in place to insure
safety and quiet; question to Teryl regarding dedication of property on McDowell (20 ft.) -
will need to run this requirement through legal counsel /property owner.
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Planning Commission Minutes - January 11, 1994
- 1 Larry Sheldon - What about security for neighborhood after patrons leave the shopping
2 center?
3 Jack Daniel - Manager, Petaluma Inn - Schools in area have not been informed of this
4 project.
5 Marjorie' Wilson - How much business will there really be after 11PM?
6 Nadine Soonamore - About 20% of business after 11PM.
7 Richard Meyers - Petaluma Inn - Review of use permit after 6 months, not 1 year. (Staff
8 clarified that use permit can be reviewed at any time if necessary.)
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10 Commission Discussion
11 Commissioners Thompson, Rahman, Bennett, Shea - will not vote for a 24 -hour restaurant
CD at this location.
Concerns centered around noise; restaurant should close at 11PM, not open 24 hours; need
trees in driveway median; traffic problems should be resolved before a use like this goes in;
Washington Square management reluctance to dedicate right -of -way is a concern; trash
enclosure, electric boxes need design work; what will level of service be after traffic
improvements?
Allan Tilton - City Traffic Engineer - Level of Service should be C/D overall after planned
$3.7 Million project.
20 Terry Finn - Property owner needs to be made aware of dedication requirement - cannot
21 speak for him.
22 PrincipahPlanner Jim McCann - explained traffic impact and mitigation necessary includes
23 right -of -way dedication; without dedication, significant adverse impacts will result.
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25 Commissioners Expressed concern that the findings necessary to approve the Conditional
6 Use Permit cannot be made, especially No. 3, given testimony from the neighbors,
7 experience with similar facilities, and comments offered by the Police Department
-8 regarding operating characteristics of a fast food restaurant at this location. Improvements
29 to the E. Washington Street /S. McDowell Blvd. intersection are needed; this project may
30 be premature until improvements are more certain and /or in place.
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32 The public hearing was closed.
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34 A motion was made by Commissioner Parkerson and seconded by Commissioner
35 Thompson to adopt a Mitigated Negative Declaration of Environmental Impact for
36 purposes of denying the Use Permit:
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38 COMMISSIONER SHEA: Yes
39 COMMISSIONER PARKERSON Yes
40 COMMISSIONER RAHMAN: Yes
41 COMMISSIONER THOMPSON: Yes
42 CHAIRMAN BENNETT: Yes
43 COMMISSIONER TORLIATT: Yes
44 COMMISSIONER vonRAESFELD: No
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46 A motion was made by Commissioner Thompson and seconded by Commissioner Torliatt
47 to deny the Conditional Use Permit based on the amended findings listed below:
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49 COMMISSIONER SHEA: Yes
1 0 COMMISSIONER PARKERSON Yes
1 COMMISSIONER RAHMAN: Yes
2 COMMISSIONER THOMPSON: Yes
3 CHAIRMAN BENNETT : Yes
54 COMMISSIONER TORLIATT: Yes
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94 Planning Commission Minutes - January 11, 1994
COMMISSIONER vonRAESFELD: Yes
Findings:
1. The proposed project, a�- , eo- n&ioned, will not conform to the requirements and
intent of the Petaluma Zoning Ordinance. .
2. The proposed project, a-5- cendim4o*ed will not conform to the requirements and
intent, goals, and policies of the Petaluma General Plan.
3. The proposed project will not constitute a nuisance aF and will be detrimental to the
public welfare of the community.
4. The proposed project will be detrimental to the public welfare of the community
inasmuch as it will create a substantial demand on limited police services. Given the
project's proposed 24 -hour /day operation, the City's history with similar establishments,
the potential for loitering and disturbances.
5. The proposed project will constitute a nuisance given the project's potential for creating
objectionable noise impacts from the proposed loudspeaker equipment, patrons, and
24 -hour /day business schedule and proximity to residences and noise sensitive
commercial uses (hotel).
6 The proposed project will be detrimental to the public welfare of the community due to
its incremental adverse affect on the traffic/circulation conditions of the already poor
level of service experienced at the intersection of E. Washington Street and McDowell
Blvd. Further, the timing for the improvement of this intersection is not certain and
dedication of right -of -way necessary for the improvements has not been secured.
7 The proposed project will create significant environmental effects which have not been
adequately mitigated related to traffic/circulation, lighting, noise, public services
(police).
NEW BUSINESS
PUBLIC HEARING
II. FOOD 4 LESS; 896, 926, 950 LAKEVILLE S'rREET; AP NO'S 005-020-43,005-060-
30 & 33; FILE NO. CUP93040.
Request to authorize the construction of a 51,600 sq.ft. discount grocery store on
Lakeville Street between Lindberg Lane and Caulfield Lane. The following actions
are requested:
1. Adoption of a Mitigated Negative Declaration.
2. Conditional Use Permit to authorize development of a shopping center.
Planning staff recommends continuance of this hearing, following receipt of
testimony, to the Planning Commission meeting of January 25.
The public hearing was opened.
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Planning' Commission Minutes - January 11, 1994
1 SPEAKERS:
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3 Associate Planner Teryl Phillips presented the staff report.
4 Allan Tilton - City Traffic Engineer - Summarized the work performed by the consulting
5 Traffic Engineer, discussed access /driveway alternatives; significant redesign required
6 because of traffic issues; Caulfield and Payran scheduled to be signalized in CIP (next
7 year).
8 Commissioner Bennett - How visible is building from the river /from rail system? (Concern
9 with' project's consistency with the River Enhancement Plan.)
10 Michael Hooper - Applicant - Thanked staff and SPARC; described project, this will be a
11 discount >warehouse grocery store, not a neighborhood grocery store; much local support
for the project; project involves three existing parcels; site under - utilized; empty lots are an
eyesore at gateway; consistent with General Plan and Zoning Ordinance; the site is well
suited for this roject; discussed operating constraints given to him by the operator
(Fleming Foods; building must be 50,000 sq.ft., have 200 parking spaces and have
satisfactory ingress /egress to work; no left turn access option wouldn't work for Fleming
Foods; flipping building would not allow enough parking spaces; TJKM summary in packet
very different from Administrative Draft Report.
Michael Mulhern - Project Architect - Presented project; gateway area architecture
20 requirements have been met; orientation should be directed toward entrance /access to
21 freeway; building as proposed will screen auto dismantling business.
22 Ned'Smith - Smith & Smith Landscape Architects - Presented site plan and landscape plan;
23 redwoods and eucalyptus are not healthy and should be removed; riparian landscaping will
24 be provided at channel; parking lot shade trees (75) will be planted.
25 Steve Gatultney - Hagstrom's Food Store - Urges reconsidering having another grocery
6 store in town; Food 4 Less will cause some existing stores to close; traffic at commute times
7 will be very heavy; when all retail is at one location, traffic will be too heavy.
8 Alden Hennings - 1145 Lombardi Ave., - 24 year resident of Petaluma; Lucky Grocery
29 Store Manager - heavy traffic on Lakeville /Lindberg already; traffic will be very bad with
30 another store; Lucky has 210 employees, 83% live in Petaluma; many employees worry
31 about job! loss.
32 Joe Ambrosi - UFCW 588 - Food 4 Less is non - union; offers employees fewer health and
33 welfare benefits, less pay.
34 Joe Daly UFCW 588 - Many union members are concerned about loss of jobs because of
35 non -union discount grocery stores.
36 Michael Hooper - Food 4 Less is a regionally oriented discount grocery store - not
37 competing directly with Lucky /Albertsons, etc.; business will be taken away from other
38 similar discount stores in Novato /Rohnert Park /Santa Rosa; net increase in jobs in
39 Petaluma� likely result; serves a need in Petaluma.
40 Joe Daly ` Disputes applicants claims of no net job loss.
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42 The public hearing was continued.
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44 Commission Discussion
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46 Concerns with relationship of size of building to property size, buildin is too large for the
47 site; forced fit if floorplan is inflexible; Fleming Foods too inflexible in design issues) for
48 this site; maybe business is proposed for wrong site; traffic may be too heavy; was it a
49 requirement for Lucky that 80% of employees be from Petaluma? will access drives be
1 0 wider than those at Gateway Shopping Center? What is square footage of Gateway? what
1 opportunity will there be for rail stop in future: concern about long term use of site if Food
2 4 Less leaves and multiple uses proposed; concerns regarding parking adequacy;
3 landscaping /facade enhancement should be required at rear (facing Dave's Auto Body) of
54 building; look at relationship of project with River Enhancement Plan and address visibility
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Planning Commission Minutes - January 11, 1994
of site from river; need to see final Traffic Study; shopping cart parking in parking lot
should be addressed; architecture good particularly considering type of building proposed;
concerns that traffic situation will become another McDowell /Washington; side- street
(frontage road) entrance should be looked at; competition is not an issue Commission will
become involved in; needs more landscaping (Lucky Shopping Center is much too sparse).
This item was continued to the Planning Commission Meeting of February 8.
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11 ADJOURNMENT 10:30 PM to Special Workshop Meeting of January 19.
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13 min0111 / pcminl0
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