HomeMy WebLinkAboutMinutes 06/14/1994K
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PLANNING COMMISSION. MINUTES
REGULAR MEETING June 14, 1994
CITY COUNCIL CHAMBERS 7:00 P.M.
CITY HALL PETALUMA, CA
PLEDGE OF ALLEGIANCE.
ROLL CALL: Present: Bennett *, Shea, Thompson, Torliatt; Absent:
vonRaesfeld
STAFF: Jim McCann, Principal Planner
Chairman
Rahman,
APPROVAL OF MINUTES: Minutes of May 24, 1994 were approved as printed.
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23 PUBLIC COMMENT: None.
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"5 DIRECTOR'S REPORT: None.
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7 COMMISSIONER'S REPORT: Chairman Bennett wished Commissioner Parkerson luck
28 in his new position as City Council member.
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30 CORRESPONDENCE: None.
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32 APPEAL STATEMENT: Was read.
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34 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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37 OLD BUSINESS
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39 I. BOB MCCLURE; 16 8TH STREET; AP NO'S 008 - 171 -011 AND 018; FILE NO.'S
40 VAR94002, LLA94001, PCL94002, CUP94003(dh).
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42 Continued request (the Public Hearing was closed at the Planning Commission
43 meeting of May 24, 1994) to reconfigure and subdivide two properties containing
44 28,560 sq.ft. to create one new 7,475 sq.ft. lot. Two existing dwelling units will be
45 retained at 819 B Street (main dwelling and accessory unit). Adoption of a
46 Mitigated Negative Declaration and approval of a Variance, Lot Line Adjustment,
47 Conditional Use Permit, and Tentative Parcel Map is requested.
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9 Principal Planner Jim McCann presented the staff report.
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2 COMMISSION DISCUSSION
2 06 Planning Commission Minutes - June 14, 1994
Commissioner Torliatt - Is staff recommending 1 or 2 -story for the new home on the flag
lot.
Principal Planner McCann - Staff recommends that no restriction be imposed upon the
creation of the new lot regarding the number of stories but that design criteria be
established for SPARC review.
Commissioner. Shea Will the exterior of the existing home on B Street be changed?
Principal Planner McCann - It will be unproved (repair, painting, etc.), no physical
expansion.
Commissioner Thompson - I can only vote for this project with a one -story home only or
full SPARC review (because of privacy issue).
Commissioner Shea Concerns regarding privacy for existing homes: .
Commissioner Thompson - Still feels this' should be full SPARC (rather than
Admi'riistrative).
Commissioner Torliatt - Would like staff to look at revising Zoning Ordinance to allow
more flexibility (to avoid Variances) in approving in -fill project ofthis type.
A motion was made by Commissioner Thompson and seconded by Commissioner Torliatt
to adopt. a Mitigated Negative Declaration, approve a Conditional Use Permit to legalize
the existing second unit in the. B Street residence as an accessory dwelling, approve a
Variance to allow the, reduction in width of a non - conforming lot to 43.5 feet; and approve
a Lot Line Adjustment and Tentative Map as submitted February 7, 1994, based on the
findings and subject to the mitigations and amended conditions listed. in the staff report
dated June 14, 1994:
COMMISSIONER SHEA: Yes
COMMISSIONER RAHMAN: Absent
COMMISSIONER THOMPSON: Yes
CHAIRMAN BENNETT: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER vonRAESFELD: Absent
Findings for Approval of a Mitigated Negative Declaration of Environrnenta'l Impact
1. An Initial Study has been prepared and proper notice provided in accordance with
CEQA and local guidelines.
2. 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 approval. There is no substantial evidence that the project, as
conditioned, would have a significant effect on the environment.
3. The project does not have potential to affect, wildlife resources as defined in the
Fish and Game code, either individually or cumulatively and is exempt from Fish
and Game filing fees because no significant wildlife resources have been identified
.on the project site.
4. A monitoring program has been .included to ensure compliance with the adopted
mitigation measures.
5. The project is not located. on a site listed on any Hazardous Waste Site List
compiled by the State pursuant to Section 65962.5 of the Government Code.
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Planning Commission Minutes - June 14, 1994
6. The Planning Commission reviewed the Initial Study /Negative Declaration and
considered the comments before making a decision on the project.
7. The record of proceedings of the decision on the project is available for public
review at the City of Petaluma, Planning Department, City Hall, 11 English Street,
Petaluma, California.
itional Use Permit to legalize an existing 530+
1. The proposed accessory dwelling, as conditioned, will conform to the requirements
and intent of the Petaluma Zoning Ordinance.
2. The proposed accessory dwelling, as conditioned, will conform to the requirements
and intent, goals, and policies of the Petaluma General Plan.
3. The proposed accessory dwelling will not constitute, a nuisance or be detrimental to
the public welfare of the community.
1. There are peculiar and unusual conditions inherent in the properties in question
sufficient to cause a hardship by their existing non - conforming widths (50) and one
with of unusual depth (275'), and that such conditions are not common to all or
most of the properties in the immediate area.
2. The hardship is peculiar to the properties and not created by any act of the owners.
In this context, personal, family or financial difficulties, loss of prospective profits,
and neighboring violations are not hardships justifying a variance.
3. Such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same zoning district and in the
vicinity, and that a variance, if granted, would not constitute a special privilege of
the recipient not enjoyed by his neighbors.
4. The authorizing of such variance shall not be of substantial detriment to adjacent
property, and will not materially impair the purposes of this ordinance or the public
interest.
1. The proposed Lot Line Adjustment is consistent with the Subdivision Map Act.
2. The proposed Lot Line Adjustment is consistent with the City's Subdivision
Ordinance.
Subdivision Findings
1. The proposed parcel map, together with provisions for its design and improvement,
is consistent with the General Plan regarding in -fill development policies.
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2. The proposed parcel map, with the Variance granted, 'is consistent with and meets
the intent of the Zoning Ordnance as each lot meets the .minimum 6,500 sq. ft. lot
area and exceeds the minimum lot depth required in the R -1 6500 zoning district.
3. The site is physically suitable for the type of development permitted in the R -1 6500
zoning district.
4. The site is physically suitable for the density of development permitted in the R -1
6500 zoning district.
5. The proposed parcel map provides reasonable public access to a public road to the
proposed lots.
6. The proposed parcel map, subject to the following conditions, complies with the
requirements of the Municipal Code, Chapter 20.20, and the Subdivision Map Act.
7. The design of the parcel snap and the proposed improvements will not cause
substantial environmental damage, and no substantial or avoidable injury will occur
to fish or wildlife or their habitat.
8. The design of the parcel map and the type of improvements will not cause public
health problems.
Mitigation Measures
1. To reduce the temporary impact of noise generated during construction of the
project, all construction activities shall comply with applicable 'Zoning Ordinance
And Municipal Code performance standards. Grading and all subsequent
construction activities, including individual home construction, shall, be limited. to
the following hours: 'Monday through Friday, 9:00 a.m. to 6:00 p.m. No work which .
creates appreciable noise shall occur on Saturdays, Sundays or holidays recognized
by the City of'Petaluma.
2. Construction of the future single - family residence subject to Adstr -at}ve SPARC
review to insure that the design of the dwellings are compatible with the adjacent
older homes, that privacy issues are addressed in regards to: the massing and height
of the structure, orientation of windows, doors, decks and balconies, and to ensure
the adequacy of landscaping and tree, preservation efforts.
The proposed. architectural plans submitted with this proposal do not meet the
intent of these design criteria. Therefore, revised plans shall be required for
SPARC review.
Notice shall be sent to the adjacent neighbors allowing them an opportunity to
review and offer comments at the time of the - -; ii46#a&,e SPARC review.
Review of the house plans shall place emphasis on the following:
a. Orientation of windows.
b. Overall massing of the proposed residence.
C. Landscape screening as necessary.
d. Design compatibility with the -historic character of neighborhood.
3. Improvement plans shall be prepared_ for this ,subdivision by a licensed civil
engineer. A subdivision agreement shall be executed with this project along with
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Planning Commission Minutes - June 14, 1994
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insurance and surety for the improvements being installed with the' subdivision per
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Section 20.20.090 of the Petaluma Municipal Code.
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Public improvements shall include the following:
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a. A City standard pedestrian ramp shall be installed on the comer of 8th Street
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and 'B" Street.
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b. All new utility services shall be installed underground, per Section 20.36.140
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of the Petaluma Municipal Code.
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C. This project shall repair all broken sidewalk along the "B" Street frontages.
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In the event that archaeological remains are encountered during grading, the work
shall be halted and a qualified archaeologist shall be consulted for evaluation of the
artifacts and to recommend future action. The local Indian community shall also be
notified and consulted in the event any archaeological remains are uncovered.
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All grading and excavation required for this development shall include erosion
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control measures as prescribed in the Petaluma Municipal Code regarding grading
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and construction, subject to staff review and approval prior to issuance of a grading
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permit.
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No lot -to -lot drainage is allowed. If there is any storm runoff crossing lot lines, then
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a private storm drain maintenance agreement shall be recorded with this parcel
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map, between Parcels 1 and 2.
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8.
This project shall be subject to mitigation and /or development fees as defined in the
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City's Special Development Fees handout as follows:
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a. Storm drainage impact fee.
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b. City's Traffic Mitigation fee.
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C. Dwelling Construction fee and Community Facilities Development fee.
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d. School Facilities fee.
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e. Water and sewer connection fees.
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The redwood trees in the southeast corner shall enclosed with protective fencing
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at the dripline prior to and during all grading and construction activities.
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A landscape plan shall be required with the admip&t -r,alive SPARC application. The
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landscape plan shall include landscape screening to be installed along the rear
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portion of the southerly boundary of the access drive extended from "B" Street prior
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to issuance of a Certificate of Occupancy.
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Any building constructed in excess of 150 feet from a public way shall be provided
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with fire suppression system in accordance with NFPA -I3 -D, including attic spaces,
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garages, bathrooms with combustible fixtures, bathrooms over 55 sq. ft., and closets
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over 24 sq. ft., subject to review and approval of the Fire Marshal.
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Conditional Use Permit Conditions
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The 819 'B" Street property shall be improved in the following areas prior to Final
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Parcel Map approval:
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a. Existing plant materials in the front yard and ,along the access drive shall be
maintained and where necessary, at - the discretion of the Planning Director, --
replaced. A new tree (15 gallon) shall be planted in the front yard.
Landscape improvements shall be reflected on a plan submitted. for review
and approval by the Planning, Director.
b. Necessary external repairs and cosmetic improvements, e.g., painting, door,
railing, repair, etc., shall be completed subject to staff approval.
2. The legalization of the accessory dwelling shall be subject to applicable
development fees defined in the City's Special Development Fees handout as
follows:
a. Traffic Mitigation fee.
b. Dwelling Construction fee.
3. The accessory dwelling shall be subject to inspection for verification of compliance
with all regulations of the Fire Marshal and Building Division. Necessary
improvements identified by these inspections shall be completed within ninety days
of the inspections.
Tentative Parcel Map Conditions
1. All- requirements of the - Fire Marshal shall be met prior to recordation of the Parcel
Map, including:
a. Post address at or near main entry door - minimum four (4) inch letters.
b. All roof covering material shall have a Class 'B" rating or better, treated in
accordance with the Uniform Building Code Standard 32.7.
C. All roof covering materials applied as exterior wall covering shall have a fire
rating of Class "B", treated in accordance with UBC Standard 32.7, as per
Ordinance 1744 of the City of Petaluma.
d. In residential buildings less than 3,500 sq. ft. in floor area, provide fire
suppression system at normal sources of ignition. These areas are specifically
at clothes dryers, kitchen stoves, furnaces, water heaters, fireplaces, and in
attic areas at vents and chimneys for these appliances and equipment.
2. All requirements of the Water Department shall be met prior to recordation of the
Parcel Map, including:
a. Separate water service will be required for each unit.
b. Fire flow calculations shall be provided, and must meet the requirements of
the Fire Marshal.
C. Depending on the requirements of the Fire Marshal, a separate fire system
may be necessary if the flow exceeds the capacity of a 1 -inch water meter.
3. All requirements of the Building Division shall be met prior to recordation of the
Parcel Map, including:
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Planning Commission Minutes - June 14, 1994
a. Demolition permits for all structures to be removed shall be required.
b. Grading must be certified when completed to indicate compliance with
approved plans and will be required for occupancy.
C. Soils with expansion index greater than 20 requires special design foundation
per Uniform Building Code 2904(b).
d. All roofing shall be "B" rated or better per Ordinance No. 1744/1988.
e. Show site drainage and grading topography.
f. Indicate all utilities on site plan.
g. Responsible party to sign plans.
h. Submit soils report to verify foundation design.
i. Plans must show compliance to 1991 UBC, UPC, UMC and 1990 NEC.
Plans must also show compliance to current Title 24 Energy Code.
j. Provide structural calculations for all non - conventional design items.
4. All requirements of the City Engineer shall be met prior to recordation of the
Parcel Map, including:
a. A dedication of cross - access easements to both Lots 1 and 2 along the flag
driveway shall be required.
b. All work within a public right -of -way requires an excavation permit from the
Department of Public ' Works.
5. The required Lot Line Adjustment shall be completed prior to Parcel Map
recordation.
6. The applicants /developers shall defend, indemnify, and hold harmless the City or
any of its boards, commission, agents, officers, and employees from any claim, action
or proceeding a &ainst the City, its boards, commission, agents, officers, or employees
to attack, set aside, void, or annul, the approval of the project when such claim or
action is brought within the time period provided for in a plicable State and /or
local statutes. The City shall promptly notify the applicants /developers of any such
claim, action, or proceeding. The City shall coordinate in the defense. Nothing
contained in this condition shall prohibit the City from participating in a defense of
any claim, action, or proceeding if the City bears its own attorney's fees and costs,
and the City defends the action in good faith.
II. PROJECT STATUS:
1. Bassett /Baker Parcel Map Appeal
2. Pacific Coast Cutters - Staff has been in contact with owners regarding clean -up of
site.
3. Petaluma Queen - Status to Council on 6/20
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3 LIAISON REPORTS:
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5 1. SPARC - None.
6 2. Tree Advisory Committee - An appointment will be made after Commission turn-
7 over in July. .
8 3. River Enhancement Committee - City Council will decide if Commissioner Bennett
9 should remain on River Committee (at large) after his appointment to Planning
10 Commission is over; Commissioner Torliatt volunteered as Commission
11 representative.
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14 ADJOURNMENT: 7 :30 PM.
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17 min614 / jabt
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