HomeMy WebLinkAboutMinutes 07/12/1994231
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PLANNING COMMISSION MINUTES
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REGULAR MEETING
July 12, 1994
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CITY COUNCIL CHAMBERS
7 :00 P.M.
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CITY HALL
PETALUMA, CA
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PLEDGE OF ALLEGIANCE.
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( a
ROLL CALL: Present: Bennett*, Parkerson,
Rahman, Torliatt, vonRaesfeld; Absent:
Cq
Thompson
STAFF: Pamela Tuft, Planning Director
Jim McCann, Principal Planner
Kurt Yeiter, Principal Planner
' Chairman
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22 APPROVAL OF MINUTES: Minutes of June 28, 1994 were approved as printed.
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I 5 PUBLIC COMMENT: None.
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7 DIRECTOR'S REPORT: None.
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29 COMMISSIONER'S REPORT: None.
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31 CORRESPONDENCE: Letters from Linda Korsiak, Caroline Williams and Sonoma
32 County Health Department regarding Petaluma Queen; letter from Sonoma County
33 Transportation Authority regarding Petaluma Cinemas Expansion.
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35 APPEAL STATEMENT: Was read.
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37 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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40 CONTINUED PUBLIC HEARING
41 OLD BUSINESS
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43 I. GENERAL PLAN AMENDMENTS.
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45 Consideration of General -Plan text amendments resulting from General Plan review
46 and public and Commission workshops (continued from 6/28 meeting).
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48 Planning Director Pamela Tuft presented the staff report.
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0 Commissioner Parkerson indicated that he had viewed the Planning Commission meeting
1 of June 28 and would be participating in this discussion.
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Planning Commission Minutes- July 12, 1994
1 There were no speakers.
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3 Commission Discussion
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5 Commissioner Torliatt - Several development plan options are addressed; many plans are
6 not fully implemented (economic, tourism, etc.), need incorporation into planning process.
7 Commissioner Bennett - Agreed with Commissioner Torliatt tourism needs to be
8 incorporated into the planning process; staff did a good job of incorporating Commission
9 recommendations.
10 Commissioner Torliatt - Wastewater needs to be reclaimed to a greater extent to recover
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Commissioner vonRaesfeld - Environmental as well as economic analysis issues for project
evaluation.
A motion was made by Commissioner Torliatt and seconded by Commissioner Rahman to
recommend to the City Council adoption of the recommendations listed in the staff reports
dated June 28 and July 12, 1994 based on the following findings:
COMMISSIONER PARKERSON: Yes
20 COMMISSIONER RAHMAN: Yes
21 COMMISSIONER THOMPSON: Absent
22 CHAIRMAN BENNETT: Yes
23 COMMISSIONER TORLIATT: Yes
24 COMMISSIONER vonRAESFELD: Yes
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27 Findings
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29 1. Based on the information obtained through public workshops, public opinion
30 surveys, staff reports, research and expert testimony, the Planning Commission finds
31 'that the General Plan is substantially still in step with community values and
32 conditions, and that these amendments are desired to better reflect community
33 values and current regulations.
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35 2. The proposed amendments are deemed to be in the public interest.
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37 3. The proposed General Plan amendments are consistent and compatible with the
38 rest of the General Plan and any implementation programs that may be affected.
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40 4. The potential 'impacts of the proposed amendments have been assessed and have
41 been determined not to be detrimental to the public health, safety or welfare.
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43 5. The proposed amendments have been processed in accordance with the applicable
44 provisions of the California Government Code.
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46 6. The proposed amendments are exempt from the California Environmental Quality
47 Act, pursuant to Sections 15061(b)(3), General Rule, 15305 (Minor Alterations in
48 Land Use), and 15307 -8 (Actions by Regulatory Agencies for the Protection of
49 Natural Resources and the Environment).
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1 51 7. Staff is encouraged to amend the General Plan at their earliest convenience to
52 remove or modify programs that have already been implemented or to better reflect
53 the current regulatory framework.
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234 Planning Commission Minutes - July 12, 1994
NEW BUSINESS
II. PETALUMA CINEMA ;FINAL EIR; PACIFIC THEATRES; 1363 N. MCDOWELL
BLVD.; AP NO. 007-411-020 AND 021.
Consideration and recommendation on the adequacy of the Final Environmental
Impact Report for the 69,611 sq.ft. expansion to the Petaluma Cinema.
Principal Planner Jim McCann presented the staff report.
The public :hearing was opened.
SPEAKERS:
Commissioner vonRaesfeld - Design is a big issue as far as mitigations in the future.
Principal. Planner Jim McCann - This EIR does discuss Design Guidelines more than. many
other EIR's, but that is important for design and SPARC review in„ future; if Planning
Commission has concerns regarding design, wording of mitigation. measures can be
strengthened.
Commissioner Rahman Would like to see revised design before Council approval.
Commissioner Parkerson - Agrees with Commissioner Rahman - design element very
important aspect of this project; mixture of pedestrian /automobile access also very
important.
Commissioner Torliatt - I hope that applicant understands that design aspect is very
important.
Commissioner. Bennett Reviewed issues, masterplan; tonight's discussion deals with
adequacy of EIR; Rezoning will be discussed on August 9; Commissioners want to be part
of future design process.
Commissioner Parkerson Revised site plan should be reviewed by Planning
Commissioner prior to SPARC.
Planning Director Pamela Tuft - Staff's intention is to return to Planning Commission for
design input prior to SPARC.
Commissioner Torliatt - Would like to address the ability of cinema to raise local tax base -
when will financial component be presented?
Principal Planner McCann - Financial component will be reviewed during land use
discussion on August 9.
Al Bianchi - Pacific Theatres representative - Thanked staff for pulling the EIR together;
Pacific. Theatres is responsive to local concerns; Petaluma is busiest 'theatre in northern
California; the business integrates into the community very well; remainder of project will
not be built at this time, only the cinema .building.
Commissioner Parkerson - Concerns with effect of theatre building; looking for a_ "village
concept "; will be difficult to create a pedestrian oriented use.
Al Bianchi - Developer also wants to pursue pedestrian /village concept; will take Planning
Commission design wishes into consideration.
Commissioner Parkerson - Wants to avoid problems that exist now; a -protected pedestrian
environment needs to be created.
Tom Hunter - Project 'architect - additional site plan proposed; most willing to work with
staff and Planning Commission; cinema building is' primary goal at this time.
Commissioner Torliatt - Bu_'ildngs don't need to be square -keep an open mind, in, design.
Steve Butler Attorney representing adjacent property owner- Douglas Clegg - not opposed
to project; has concerns regarding posture 0 f project' and tezoiiing /General Plan
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Planning Commission Minutes - July 12, 1994
consistency,; major. concerns are design, hydrology, lot coverage,. circulation concerns,
CEQAprobleins; revised site plan is not the same project; worried that Clegg property will
become a large "holding pond "; HEC -2 analysis should be prepared with FEIR; will affect
design concerns; FEIR not ready to be certified; Mr. Clegg offered to contribute to
hydrological analysis of all properties;. traffic analysis not adequate; equitable future
dedication costs for 101 widening; concerns with rezoning; procedures (CEQA) need
clarification; Mr. Clegg believes coordinated masterplanning of this area is necessary; does
not bel'i'eve FEIR can be certified at this time because 'no hydrologic analysis has been
done; requests more information be provided by applicant and incorporated into FEIR.
Bryant . Moynihan - Nexxus Realty, 1241 N. McDowell (marketing Clegg property) -
concerns with flooding, has seen amount of water during flooding; concerns with EIR;
project. would block views of Clegg property from McDowell Blvd.; Holm Road under
water during flooding; HEC -2 analysis should be done prior to FEIR approval; wants to see
more design details.
Al Bianchi - Haven't heard any new issues tonight - Mr. Butler suggested that this project is
not the,one that will be built; that is no secret, this project allowed the worse case scenario
for analysis; applicant needs time to design for an economically feasible project; Mr. Clegg
has nofoffered to compensate. Pacific Theatres for any information already produced.
Principal Planner Jim McCann - Language of PCD approval could require approval by use
ppermit; in reference to revised site plan - project remains as presented with original square
footage; each project will be evaluated at time of submittal for Highway 101 improvements;
Tom Hargis, City Engineer can discuss improvement plans; Planning Commission and
SPARC will review project for visual impacts; impact on adjoining properties with the
addition of fill was fully analyzed in EIR.
Planning Director Tuft Irrevocable offer of dedication at 101 interchange for future right -
of -way needs was required with original cinema project.
City Engineer Tom Hargis - Petaluma River and upstream (Willowbrook) do not have
capacity at 100 -year flood levels; flood flows need to be handled over the site, not
contributing to down or upstream flooding;, City is modifying signalization at Old Redwood
Highway overpass now ($.1.2 million); this project will be required to pay fair share to these
interim improvements; CIP improvements scheduled for completion by end of this year.
Commissioner Torliatt - Clarify how parking will work.
Principal Planner Jim McCann - Parking calculations based on Zoning Ordinance
requirements, historic use; proposed parking has been analyzed by traffic consultant: more
than enough parking.
Commissioner Bennett - As design evolves /changes, will parking requirements be
recalculated?
Commissioner Torliatt - Is employee parking being taken into account? Has actual parking
survey of existing use been done?
Principal Planner Jim McCann - At peak use (Saturday night, popular movies) 62% of
spaces were being used.
Commissioner Rahman - Problem with timing of development; concerns with parking
design.
Principal Planner Jim McCann - Described timing of design /revised site plan.
Planning Director Pamela Tuft - Design /revision needs to occur and be approved before
any site work can be allowed.
The public hearing was continued to the Planning Commission meeting of August 9.
Commissioner Parkerson - Feels confident with regard to certification of EIR.
Commissioner vonRaesfeld - The graphic component in the EIR is possibly misleading and
should be removed; HEC -2 should be done before design returns to Planning Commission.
Commissioner Rahman - Look at Zoning Ordinance for Parking Standards again.
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236 Planning Commission Minutes - July 12, 1994
A motion was made by Commissioner Parkerson and seconded by Commissioner
vonRaesfeld to recommend to the City Council certification and adoption of the Final
Environmental Impact Report for the Petaluma Cinemas Expansion based on the following
findings:
COMMISSIONER PARKERSON: Yes
COMMISSIONER RAHMAN Yes
COMMISSIONER THOMPSON: Absent
CHAIRMAN BENNETT: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER vonRAESFELD: Yes
FINDINGS FOR CERTIFICATION OF THE FINAL EIR:
1. The Final EIR, consisting of the Draft Environmental Impact Report, September
1993; Draft Mitigation Monitoring Plan contained in the Draft EIR; and Response
to Comments, June 1994, .have been completed in compliance with the intent and
requirements of the California Environmental' Quality Act (CEQA), the State
CEQA Guidelines and the City of Petaluma Environmental Review Guidelines.
2. The Final EIR was presented to the Planning Commission and was reviewed and
considered during a public hearing.
3. The Final EIR reflects the independent judgement of the City of Petaluma and
represents an adequate documentation of the environmental implications and
possible mitigation measures of the proposed Cinema Expansion project for use in
decision - making.
4. Potential alternatives to the project were identified as follows:
a) No .Project; b) Less Intense Project; c) More Intense. Project. No off -site
alternatives were evaluated.
a) This alternative provides:little or no potential, for increased revenue
generation for the City of Petaluma from either sales .tax or property
tax. This alternative would not meet the City's goal of increasing
employment opportunities. This alternative would not provide any
improvement to traffic % "circulation systems in the area. This
alternative is contrary to the intent of the General. PlaWs designation
which intends for the property to be commercially developed.
b) This alternative would not provide the City of Petaluma with
significant new tax revenue as required by the General Plan. This
alternative would present many of the same impacts although at a
slightly re.duced.level,as the proposed project.
c) This alternative would present significantly increased impacts to
environmental resources as identified in the EIR. This alternative
would further General Plan policies regarding substantial tax revenue
generation but would be in conflict with the applicant's desire to
expand their cinema capacity.
5. No reasonable alternate sites were identified given the project's unique expansion
character. Further, other sites with a similar Special Commercial Land Use
designation are either already committed to approved projects and are under
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Planning Commission Minutes - July 12, 1994
1 construction or are not owned, controlled, or otherwise available to the project
2 developers.
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5 III. LAKEVILLE CARWASH; SHIED MOLAVI 540 LAKEVILLE STREET; AP NO.
6 007 -171 -027.
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8 Request for approval of a Mitigated Negative Declaration and a Conditional Use
9 Permit application for a 24 -hour, 7 day a week, self- service carwash facility with
10 oil /lube service.
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(� Principal Planner Jim McCann presented the staff report.
The public hearing was opened.
SPEAKERS:
Dick Lieb - Project architect - Described architecture, landscaping and architecture will
blend with nearby Gateway Center; lawns and perennials proposed; requested flexibility on
20 design of rear of building, gable roof, objected to relocation of oil stalls; there will be no
21 lifts or handling hoses, all in the pit area; prefers not to fence around pumphouse building;
22 stringent security systems.
23 Commissioner Torliatt - How many employees on site?
24 Dick Lieb - 3 -4 employees at one time.
25 Principal Planner Jim McCann - Parking stalls can be reconfigured to provide handicap
6 stall.
7 Public Works Director Gene Beatty - City will require access without impedance to the
8 pumphouse.
29 Saied Molavi - Applicant - The restroom will be available for customers during the day.
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31 The public hearing was closed.
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33 Commission Discussion
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35 Commissioner Parkerson - Reasonable to require the building near Lakeville; open stalls
36 should not be visible from Lakeville.
37 Commissioner vonRaesfeld - Staff is trying to eliminate the feel of a "wall" along Lakeville;
38 design should be left up to SPARC; design /detailing needs to be worked on; long ridgeline
39 should be broken up; architecture on streetfront should be significant.
40 Commissioner Parkerson - Architecture facing Lakeville needs to be more detailed.
41 Commissioner Torliatt - SPARC needs to look at the addition of more lighting around rear
42 at drive- around; increase sidewalk widths; too rectangular at carwash area.
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44 A motion was made by Commissioner vonRaesfeld and seconded by Commissioner
45 Torliatt to adopt a Mitigated Negative Declaration and approve a Conditional Use Permit
46 for construction and operation of a facility not to exceed a six -bay self- service carwash, two
47 oil /lube bays, and eight self -serve vacuum stations to be located at 540 Lakeville Street,
48 based on the findings and subject to the mitigations and amended conditions as follows:
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1 0 COMMISSIONER PARKERSON: Yes
1 COMMISSIONER RAHMAN: Yes
2 COMMISSIONER THOMPSON: Absent
- 3 CHAIRMAN BENNETT: Yes
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238 Planning Commission Minutes- July 12, 1994
COMMISSIONER TORLIATT: Yes
COMMISSIONER vonRAESFELD: Yes
Findings for Armroval of a Mitigated Negative Declaration of Environmental 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 as7 defined in the
Fish and Game code, either individually or cumulatively and is exempt from the
Fish and Game filing fees because no significant wildlife resources have been
identified on the project site.
Findin sg for Approval of the Conditional Use Permit
1. The Proposed project, as conditionally approved, will conform to the requirements
and intent of the Petaluma Zoning Ordinance, specifically: the project provides
parking and setbacks. in conformance with Zoning. Standards and the project
respects the provisions of Section 21 -403, Carwash Operations.
2 p P goals J .onditionally approved, will conform to the requirements
and intent and policies of the Petaluma General Plan, specifically: the
improvements required of the project will not impede the traffic: 'flow in the area;
the project will provide needed services to residents and visitors; the project will, by
virtue of conditions of approval, be designed to satisfy the Gateway design standards
of the General Plan.
3. The Proposed project, with provisions for the treatment of any site development and
restrictions on lighting, signs and outdoor storage, will not constitute a nuisance or
be. detrimental to the public welfare of the community inasmuch as: lighting,
signage, outdoor displays, and other visually offensive activ'i'ties are regulated
through the project approval.
Mitigation Measures
From the Planning Department:
1. This project's site plan, landscape plans and architectural plans shall. be subject to
review by SPARC. In their review, SPARC shall note that the project is located on
a portion of Lakeville Street that is considered to be part of the Lakeville
Street /Highway Gateway as defined in the General Plan and as such shall be
treated as a prominent entry to the City. Extraordinary design is expected. This
treatment should be reflected in the building design (re- design of the north facade
and pillars), site design (re- location of the oil stop stalls employee and
handicapped parking and trash enclosure) and landscape plans (along Lakeville
Street, access easement, and rear property line). Specifically, the plan shall `be re-
designed such that:
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Planning Commission Minutes - July 12, 1994
1 a. the north elevation of the main structure shall exhibit more detail similar to
2 the storefronts within the Gateway Shopping Center;
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4 b. the pillars shall exhibit more detail;
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6 C. the area at the front of the property designated as a landscaped area shall be
7 of a substantial nature to improve the site's streetscape; likewise the
8 landscaped area bordering the rear property line shall be a minimum of 4-9-
9 8' wide and substantially landscaped; the landscaping along the west property
10 line shall be extended to a 15' width from Lakeville Street to the pumphouse;
11 trees shall be planted in interior of lot wherever possible;
d. The trash enclosure located at the front of the
site shall be placed behind the main structure;
e. the employee parking stalls shall be located to the rear of the property;
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evo-badica�ped- st>1�e�eloEated- aa£ronr ti+w puo�se;
20 f. g-. fencing shall be permitted only along the rear property line, and may be of
21 either green or black vinyl clad chain link, or of wood construction.
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23 g. SPARC to address location of oil stalls.
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25 2. This Conditional Use Permit shall be subject to an annual review by the Planning
0 6 Director, Fire Inspector, Engineering Director and Wheelabrator EOS (sewer
7 service) to insure compliance with all conditions of approval as relates to disposal of
8 all wash and wastewater, site drainage courses, and City code requirements.
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30 3. Exterior lighting shall be installed in order to increase night time visibility by
31 illuminating all buildings, immediate area surrounding buildings, and the rear of the
32 property. All lighting shall conform to Section 22 -304 of the Petaluma Zoning
33 Ordinance with regard to direct and indirect glare, and shall at no time be directed
34 to surrounding properties or toward Lakeville Street. A lighting plan shall be
35 submitted for review and approval in conjunction with the SPARC. submittal.
36 Lighting improvements shall be installed pursuant to this plan, and before the
37 Certificate of Occupancy may be approved by the Planning Department. SPARC
38 review shall include consideration of additional lighting in rear drive - around area.
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40 4. All driveway, access areas and aisles shall be paved, and shall be so graded and
41 drained so as to dispose of surface water without damage to private or public
42 properties, or streets. No lot to lot drainage is allowed. Rainwater may be diverted
43 into any storm drain, but shall be filtered so as to avoid the inclusion of surface oils
44 and /or debris.. A plan identifying the filter location and providing details of the
45 filter system shall be submitted in conjunction with the plans submitted for SPARC
46 review. Improvements shall be installed before the Certificate of Occupancy may be
47 approved by the Planning Department. Sidewalks shall be designed 'pedestrian
48 friendly" to satisfaction of staff.
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0 From the Fire Marshal
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2 5. All conditions shall be complied with prior to occupancy:
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Y�M£'y�J- v .,- ..
a. Businesses storing hazardous materials in amounts which requ>re� submittal
of a Hazardous Materials Management Plan to the Petaluma Fire
D e p art m ent rmlt sued by the have Fire Marshal's office u prior to Certificate and storage
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p y p ' ertificate of Occupancy
approval.
b. Installation of water /oil separators, 3 compartment clarifiers and like
equipment, installed in the ground, is : required to have a permit from the
State Department of Toxics
C. Provide detail for double containment of hazardous materials showing
proposed location for containment.
d. Permits for tank installation are required from both the Fire Marshal's office
and the Sonoma County Public Health Department, Hazardous Materials
Division, prior to beginning work.
e. All roof covering material shall have a Class "B" rating or better, treated in
accordance with the Uniform Building Code Standard 32.7.
L 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.
g. Provide Knox -Box for key control located on building as required by the Fire
Marshal.
h. Post address at or near main entry door - minimum four (4) inch letters.
i. No extension cords. All equipment and appliances shall be direct plug -in.
j. Provide metal or flame retardant plastic waste cans.
From Wheelabrator Envirotech Operating Services
6. At least one: large 3 -sta e interceptor shall be required for treatment of .liquid after
throw h individual mudboxes sum System subject to staff and sewer
p assage g ( Ps ),• y j
plant operator approval prior to issuance of building permits.
7. Drains shall not be permitted in the oil /tube area.
8. Signs prohibiting draining of oil, antifreeze and solvent cleaners shall be posted at
each wash bay.
9. A sampling site shall be provided on site for industrial waste sampling and access
following 3 stage intercepters, subject to EOS review and approval.
From Sonoma County Environmental Health Department
10. A hazardous materials generator permit is required.
11. Connection to City water and sewer is required'.
From Sonoma County Water Aggnc :
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Planning Commission Minutes - July 12, 1994
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The proposed project's storm drainage shall be collected on site and discharged by a
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connection to the existing storm drain located along the proposed driveway.
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Grading and drainage design shall be in conformance with the SCWA Flood
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Control Design Criteria.
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Conditional Use Permit Conditions
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From the Planning Department
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14.
Permitted operating hours shall be 24 hours per day, 7 days per week for the
carwa.sh and 9AM to 6PM, 7 days per week for the oil/lube service.
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No outdoor storage or display whatsoever shall be permitted.
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No vehicles may be stored on the site for more than 24 hours. No vehicles for sale
shall be displayed on site.
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Signs shall, be in compliance with the Zoning Ordinance, and. must have permits
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(obtained from the Building Division) prior to installation.
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Clearance from the Sonoma County Health Department and Sonoma County Water
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Agency shall be obtained and a copy sent to the Petaluma Planning Department
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before operations may commence.
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At least one trash enclosure shall be provided on the site. The location and design
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of said enclosure shall be consistent with the SPARC standards, subject to review
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and approval by SPARC. The trash enclosure(s) shall be installed prior to issuance
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of a certificate of occupancy.
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From the Building Division
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20.
Plans submitted for review shall show compliance to 1991 UBC, UPC, UMC, and
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1990 NEC.
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Handicapped parking shall be amended to show the walkway on the passenger side.
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From the City Engineer
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22.
Repair all broken or displaced sidewalk along this project's Lakeville Street
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frontage to the satisfaction of the Engineering Department.
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This property is within a proposed utility underground district; therefore all existing
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and proposed utilities shall be undergrounded. The applicant shall participate in
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the future undergrounding district.
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An excavation permit from the Public Works Department shall be required for all
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work performed within the public right -of -way.
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25.
A copy of the existing access easement to the pumphouse station shall be provided.
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From the Police Department
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Planning Commission Minutes - July 12, 1994
26. Staff recommends that additional lighting be provided at the rear of the site that is
motion activated, to prevent vandalism and
27. Vandal proof locks shall be placed on the coin boxes 'and change machines to deter
theft. Staff recommends that all coin boxes be emptied once each 24 hour period to
prevent loss should theft occur.
28. Staff recommends that a business manager or employee remain on site 24 hours per
day.
From the Water Department:
29. Applicant shall either (1) re- design west side of parcel so that the access easement
to the SCWA pumphouse is not blocked, or (2) grant an access easement to the City
of Petaluma through the new proposed entrance driveway to the, pumphouse.
Should a new access easement be granted, the existing curb cut shall be replaced
with curb, gutter, and sidewalk to City Engineering Department specifications and
conditions.
30. The pumphouse shall be fenced on all four sides by a [minimum. 6' =0 "] chain link
fence. Fence shall have double gates subject to discretion of Director of Public Works.
31. There shall `be no parking in front of access road /gates to pumphouse subject to
discretion of Director of Public Works.
32. A 2" water service line shall be run from Lakeville Street on to the site. The line
shall be split into a 2" domestic and 1 irrigation meter with reduced pressure
backflow preventers in planter area.
Standard. Conditional Use Permit conditions:
33. Construction activities shall comply with applicable Zoning. Ordinance and
Municipal Code Performance Standards (noise, dust, odor, etc.).
34. 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.
35. 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 applicable State and /or
local statutes. The City shall promptlynotify 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 1n good faith.
IV. PETALUMA QUEEN; BILL BARKER; PETALUMA RIVER TURNING BASIN.
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Planning Commission Minutes - July 12,19W 245
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2 Review of Use Permit compliance issues and request for direction to staff.
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4 Principal Planner Jim. McCann presented the staff report; indicated need for the following
5 items from Petaluma- Queen operator:
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7 - Fence permit
8 - Lighting plan
9 - Parking plan /boat capacity clarification
10 - site improvement plans (including public improvements)
11 - clarification of gray water discharge requirements
- calliope
SPEAKERS:
Bill Barker - Operator of Petaluma Queen - boat capacity limited by Use Permit conditions
(parking availability), has exceeded capacity 2 times in the last year; did obtain permission
to park in Golden Eagle parking lot; has obtained lease for additional parking at rear of
Golden Eagle in parking lot on Weller Street; will submit lighting plan and parking lot
20 striping plans; fence permit will be obtained; requests 30 days for street frontage
21 improvements; calliope was installed in June, played only while boarding /leaving turning
22 basin; has installed a sound board to dampen the sound; graywater is permissible to
23 discharge per Regional Water Quality Control Board.
24 Commissioner Parkerson - Calliope should not be used.
25 Commissioner Rahman - Clarify graywater discharge requirements from Regional Water
26 Quality Control Board.
7 Bill Barker - Current Regional Water Quality Control regulations allow discharge of
8 graywater.
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9 Public Works Director Gene Beatty - Mr. Barker is making efforts to comply with
30 requirements - concerns are with timeframe; three main issues: electric service (using
31 existing City electricity), water and sewer hookups (and fees), location of boat; within 30
32 days, applicant needs to connect and pay for water and sewer use, energize electric meter,
33 boat should be moored further back on dock so views from River Inn will not be blocked,
34 graywater disposal requirements need to be documented.
35 Charlotte Nurenberger - 222 Weller Street - Owner, River Inn Restaurant - Has had
36 vehicles towed from her parking area (patrons of riverboat) on occasion; boat has blocked
37 views 100% on many occasions; boat should be moored behind Bar Ale; restroom facilities
38 should be provided; signage should be improved; all operations should be behind Bar Ale
39 (Queen Office); no problem with calliope.
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41 COMMISSION DISCUSSION:
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43 Principal Planner Jim McCann - Mr. Barker indicated that he would supply paperwork
44 requested by Public Works Director within 30 days; staff will clarify the graywater issue
45 with Water Quality Control Board.
46 Commissioner Bennett - Mr. Barker has a pattern of excuses; not happy with the problems
47 associated with this operation; time for a reality check business will not succeed if
48 operators ignore neighbors and City; issues need to be resolved within 30 -45 days; does not
49 want to see this project back here again.
50 Commissioner Torliatt - Electrical service should be installed as soon as possible.
it Commissioner Parkerson Angry that Mr. Barker is not taking responsibility to get these
52 things done; music issue needs to be taken care of
>3 Commissioner Torliatt - Isn't there anyway to turn down the music?
34 Bill Barker - No, it is not amplified.
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Planning Commission Minutes - July 12, 1994
Commissioner Rahman Likes the music, maybe too loud; wants project. to be successful;
for visibility and safety reasons, boat needs to be moored at old Bar Ale building.
CommissionervonRaesfeld - Music too loud,, for too long (not'longer'than 5 minutes).,
Commissioner Bennett - Could we add modified Use Permit condition to deal 'with the
music? Calliope should be used:more selectively, more controlled use.
Planning Director Pamela Tuft - Encouraged Mr. Barker to 'pursue a different mooring
site, directly behind their office may be appropriate.
Planning Commission directed staff to allow operator of Petaluma Queen 30 days from
date of this meeting to obtain full Use Permit compliance.
V. LIAISON REPORTS:
1. SPARC - None.
2. Tree Advisory Committee - Tree Workshop - Saturday, July 23.
3. River Enhancement Committee - None.
ADJOURNMENT :11:05 PM.
min712 / jabt
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