HomeMy WebLinkAboutMinutes 08/09/19941
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PLANNING COMMISSION MINUTES
REGULAR MEETING August 9, 1994
CITY COUNCIL CHAMBERS 7:00 P.M.
CITY HALL PETALUMA,, CA
PLEDGE OF ALLEGIANCE.
ROLL CALL: Present: Bennett, Rahman, Parkerson, Thompson, Torliatt, vonRaesfeld
STAFF: Jim McCann, Principal Planner
Teryl Phillips, Associate Planner
Chairman
APPROVAL OF MINUTES: Minutes of July 26, 1994 were approved as printed.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: None.
COMMISSIONER'S REPORT: None.
CORRESPONDENCE: Memo from staff regarding Kodiak Jack's; 2 letters from Wayne
Vieler (Kodiak Jack's applicant).
APPEAL. STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on the agenda.
NEW BUSINESS
COMMISSION BUSINESS
I. ELECTION OF NEW OFFICERS
1. Chairperson - Commissioner Thompson
2. Vice - Chairperson - Commissioner Rahman
CONTINUED BUSINESS
II. PACIFIC THEATRES, PETALUMA CINEMAS, 1363 MCDOWELL BLVD.
NORTH; AP NO. 007-411-20 AND 21 acm).
1
Planning Commission Minutes - August 9, 1994
1
2 Consideration of a request to rezone the 16.3 acre site from M -L, FP -C, Light
3 Industrial Flood Plain Combining District to PCD, FP -C, Planned Community
4 District Flood Plain Combining District and to approve a Planned Community
5 Program to allow the construction of 69,611 sq.ft. of new commercial /retail space in
6 six buildings including a new eight - screen theatre building.
7
8 Principal Planner Jim McCann presented the staff report.
9
10 The public hearing was opened.
11
SPEAKERS:
Questions from Commission regarding adequacy of parking, revenue generation and traffic
C3 impacts and improvements.
Traffic Engineer Allan Tilton answered questions regarding turn lanes, lighting on street
frontage.
Al Bianchi - (Pacific Theatres) - This plan is illustrative; Pacific Theatres is not a
developer, will work with the City and staff in development of balance of site.
21
22 The public hearing was closed.
23
24 Commissioner Torliatt - In favor of this proposal as conditioned; project is well suited for
25 this location.
26 Commissioner Parkerson - This is an opportunity for a fine project; project is very good for
7 the community.
8 Commissioner Thompson - Movie starting times should not be scheduled during peak
9 commute times Monday through Friday.
30
31 A motion was made by Commissioner Bennett and seconded by Commissioner Torliatt to
32 rezone a 16.3 acre site at 1363 McDowell Blvd. North from Light Industrial Flood Plain
33 Combining District to Planned Community Flood Plain Combining District and to adopt
34 the proposed Planned Community Program based on the findings and subject to the
35 amended conditions listed in the staff report.
36
37 COMMISSIONER PARKERSON: Yes
38 COMMISSIONER RAHMAN: Yes
39 CHAIRPERSON THOMPSON: Yes
40 COMMISSIONER 'BENNETT Yes
41 COMMISSIONER TORLIATT: Yes
42 COMMISSIONER vonRAESFELD: Yes
43
44 Findings for the Rezoning
45
46 1. That the proposed Petaluma Cinemas expansion is in compliance with the goals and
47 objectives of the General Plan and is in substantial harmony with the General Plan
48 of the City of 'Petaluma, and is or can be coordinated with existing and planned
49 development of the surrounding areas.
50
I- t 2. That the streets and thoroughfares proposed (McDowell Blvd. North, the extension
2 of Redwood Way, ;and surrounding public roads), through conditions of approval,
3 are or will be suitable and adequate to serve the proposed uses and the anticipated
4 traffic which will be generated thereby.
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258 Planning Commission Minutes - August 9, 1994
3. That the facts submitted with the PCD application and presented through the
preparation of an Environmental Impact Report and during public hearing establish
that:
a. Development of the PCD will be initiated within a reasonable period of time
for the planned first stage of development, being the new Petaluma Cinema
building as reflected on the Planned Community Program :required by
Section 19 -302 of the Zoning Ordinance. 'The development of each building
or site, as designated by the Planned Community Program, shall be consistent
with said program and shall occur in accordance with Finding 5 below.
b. Development of the PCD will be appropriate in area, location, and overall
planning to the purpose intended and such development will be in harmony
with the character of the surrounding areas,, through implementation of
mitigation measures set forth in the certified Environmental Irripact Report
and conformance with the conditions of approval for the Planned
Community Program, as set forth below:
4. That the public necessity, convenience and general welfare clearly permit the
adoption of the proposed zoning amendments.
5. That the Planned Community Pro_ gram, as required by Section 19 -302 of the
Petaluma Zoning Ordinance shall consist of the Petaluma Cinemas Expansion.
Development Plan as approved by the City of Petaluma, subject to specific project
review (Conditional Use Permit and Site Plan and Architectural Review) prior to
the development of each building or pad as reflected on the Planned Community
Program.
6. That all requirements of the California Environmental Quality Act have been
adhered to through the preparation and certification of a Final Environmental.
Impact Report which identified . impacts and proposed mitigations to avoid or
reduce impacts to a level of insignificance.
7. That- the proposed Petaluma Cinemas expansion will provide jobs ;for Petaluma .
workers and tax revenues for the City b expanding and maintaining diversity in
Petaluma's economic base and focussing development efforts on clean, non-
polluting industry.
8. That the proposed Petaluma Cinemas expansion will enhance the City's tax
revenues by strengthening Petaluma retailing to serve ' the needs of local residents
and encouraging shoppers from outside the community.
Planned Community District Conditions
1. The plans prepared by GHJ, Architects and on file with the Planning Department
shall constitute the Development Plan of the Planned Community Program.
2. All mitigation measures of the "Environmental Impact Report (EIR) shall be
considered to be conditions of the Planned Community, Program.
3. The site plan shall be revised :pursuant to the mitigation measures of the EIR and
presented to the Planning Commission prior to consideration by the Site Plan and
Architectural Review Committee (SPARC) . for the Commission's review,
evaluation, and confirmation. of compliance with the mitigation measures and the
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Planning Commission Minutes - August 9, 1994
1 Commission's intent. The,, revised site plan approved by the Planning Commission
2 shall supersede the proposed site plan and shall constitute the revised Development
3 Plan.
4
5 4. The applicant shall prepare Design Guidelines and regulations typical of recently
6 approved Planned Unit Development projects. Said guidelines and regulations shall
7 be' reviewed and approved by the Planning Director and SPARC prior to the
8 issuance of a building permit and shall address the following:
9
10 a. The Design Guidelines shall emphasize and require - the provision of
11 pedestrian features in the elements of this development including but not
1� limited to: a village -like, clustered design approach; outdoor seating and
C� dining areas; generous protected and separated pedestrian pathways linking
C buildiri s,, and crossing parking. areas; convenient and ample facilities for
storing /securing bicycles; adequate safe illumination of parking areas; and
effective landscaping to create well shaded and visually inviting spaces.
b. The Design Guidelines shall establish, in addition to typical development
standards consistent with the mitigation measures of the EIR, general
architectural design style criteria in order to ensure compatibility among the
buildings on the site. No "franchise designs" shall be permitted.
21 C. The Design Guidelines shall include provisions to. screen objectionable views
22 or elements of proposed buildings including receiving areas, mechanical
23 equipment, transformers, shopping cart storage, drive -thru lanes, etc.
24
25 5. A Master Landscape Plan shall be developed for the site. Said plan shall place an
26 emphasis on an abundance of large canopy variety trees within the parking lot areas
7 in order to provide shading. Tree planting islands shall be established at a typical
8 minimum frequency of one island for each five parking spaces. Dimensions, design
9 and alternatives shall be subject to approval by SPARC in conjunction with review
30 and approval of the Master Landscape Plan. The Master Landscape Plan shall also
31 address location and design of furniture, drinking fountains, lighting, trash
32 enclosures and receptacles, etc.
33
34 6. A minimum landscaped setback of 20' shall be provided from McDowell Blvd.
35 North and the Redwood Way extension to all buildings and parking areas.
36
37 7. Principal entryways to the project from McDowell' Blvd. North and the Redwood
38 Way extension shall reflect the design of the existing main entry way from
39 McDowell Blvd. North and shall include a raised landscaped median and' special
40 paving treatment.
41
42 8. Proposed uses shall be restricted by the availability of sufficient parking facilities.
43 The Planning Director may require an independent assessment, funded by the
44 applicant, to evaluate the adequacy of available parking depending on the use(s)
45 proposed.
46
47 9. The applicant shall record cross -over pedestrian and vehicular access easements in
48 favor of AP No. 007 -411 -018 over the site. Said easements shall be in a form and of
49 a content acceptable to the Planning Director and City Attorney and shall be
50 recorded prior to the occupancy of any new building(s).
1
2 10. The Redwood Way extension alignment. shall be shifted sufficiently to permit a 10'
3 wide landscape area paralleling the CALTRANS easement. Alternatively, the
4 applicant may negotiate with CALTRANS to permit the establishment of a 10' wide
•i
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260 Planning Commission Minutes - August.9, 1994
planter on CALTRANS property at this location. Said landscaping shall be
reflected on the Master Landscape Plan.
11. The applicant shall construct the Redwood. Way extension in the general alignment
reflected on the preliminary development plan providing access to AP No. 007 -411-
018.
12. A separated sidewalk and street trees shall be provided on the Redwood Way
extension. Said improvements shall be reflected on the Master Landscape Plan.
13. An irrevocable offer for dedication of right= of-way for , the Redwood Way extension
shall be provided to the City in a form and of a content acceptable to the City
Engineer and City Attorney. Said dedication shall provide for 15& foot right-of-way
width for the first 180 feet from - McDowell Blvd. North and 48, feet for the
remainder of the length of the Redwood Way extension. The applicant shall be
entitled to reimbursement for the cost of constructing the access street by the
owners of all the parcels served by ;such access street, in proportion of the benefit
received -by each parcel from such street. In_ addition, the Pacific Theatres parcel
owners who are required to dedicate right -of -way for such street shall be similarly
compensated for said dedication proportionately by the other' benefitted owners for
the fair market value of the land dedicated at the time of their development. If the
owners cannot agree as to the fair market value of the right-of-way, or the relative
benefits to the parcels served, or both,. such matters shall be resolved by arbitration
under the rules of the American Arbitration Association.
14. A comprehensive signage program shall t* developed for-the project. Said program
shall be submitted for review and approval by SPARC prior to , the issuance of
building permits. Any freestanding signs shall be' of a low monument design.
15. The development of each building and all uses shall be subject to the approval of a
Conditional Use Permit pursuant to Section 26 -500 of the Zoning Ordinance unless
amended to the PCD specification is approved to permit air alternate process
subsequent to a public hearing.
16. The project sponsor shall comply with all City Ordinances and policies regarding
development in Floodplain Combining Zone districts, including requirements that
the finished floor elevations be 24 inches above base flood level as well as other
regulations contained in Zoning Ordinance Article 16 and Municipal Code Chapter
17.30 "Storm Drainage Impact Fees. ""
17. The applicant shall submit certification stamped by a Registered Professional
Engineer or Registered Land Surveyor (elevations only) that the lowest floor is at
least twenty four (24) inches above the base floor elevation (BFE) or that the
structure is flood- proofed. Certification shall be on a form prescribed by the: Chief
Building Official and shall be submitted to the Building Division prior to the
issuance of a Certificate of Occupancy.
18. Construction activities shall comply with applicable Zoning Ordinance and
Municipal Code Performance Standards (noise, dust, odor, etc.). At no time shall
future business activities exceed Performance Standards specified in the Uniform
Building Code, Section 22 -301 of the Petaluma Zoning Ordinance, and the 1987
General Plan.
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Planning Commission Minutes - August 9, 1994
1 19. This project shall be subject to imposition of all applicable special development
fees, including water and sewer connection fees community facilities development
fees, storm drainage impact fees, and traffic mitigation fees. Fees shall be
calculated and payable as specified by ,City Resolution.
6 20. A street tree planting strip shall be provided on the McDowell Blvd. North frontage.
7 As an alternative, street trees in holes provided behind the curb shall be provided
8 along the frontage of the property. Placement, spacing, species selection and
9 planting details subject to City staff approval.
10
11 21. The following requirements of the City Engineer shall be met:
a. The applicant shall conduct an analysis of the revised site plan prior to
approval by the Planning Commission to :verify that the site grading and
building plans will not cause a backwater or other adverse effect to the private
properties beyond the project property lines for the estimated 100 -year
recurrence floodwaters. The U.S. Army Corps of Engineers hydraulic model
HEC -2 or an equivalent method be used for the evaluation. Said
hydraulic analysis shall'be subject to review and , approval - b the Director of
20 Engineering and the Sonoma County Water Agency (SCWA).
21 b: An analysis of the capacity of the restored Holm Road ditch (including on the
22 Clegg property, AP No. 007 -411 -018) shall be performed to determine that the
23 10 -year frequency storm reoccurrence will be contained- within this facility
24 and that adequate capacity exists within the Holm Road ditch to accept
25 additional runoff from the project during the 10 -year frequency storm. Said
analysis shall be subject to review and approval by the Director of
Engineering and the SCWA prior to the approval of site and building plans
by the Site Plan and Architectural Review Committee (SPARC). The
developer shall make necessary improvements to the Holm Road ditch to
30 provide necessary hydraulic capacity.
31 C. This development shall contribute, prior to issuance of building permit or
32 Certificate of Occupancy, a proportionate share of the cost of the City
33 Project No. 9855 for Channel Restoration. This ratio shall be based upon the
34 revised project's ratio of runoff from on -site to runoff from the watershed.
35 Estimated cost: total City project $225,000; site runoff increase (10 year) is
36 5.1 csf; basin Q (flow at end of Holm Road at old pump station in drainage
37 channel) is 116 cfs. Percent flow increase into basin from theater site 4.4 %.
38 Contribution approximately $9,900.
39 d.- Redwood Way through this project shall have a Traffic Index of 7.0 and a
40 paved width of 48 feet for the first 180 feet from the McDowell Blvd. North
41 intersection. The design of the road extension shall conform to standards for
42 industrial roads in regard to this section, turning radius, etc. The applicant
43 shall construct a minimum paved section of 36 feet with suitable design
44 elements to accommodate large trucks prior to occupancy of the first
45 building.
46 e. Driveway access at Pad B shall be eliminated.
47 f. The project shall pay a pro -rata fair share of the cost of interim
48 improvements at the US 101 Freeway /Old Redwood Highway Interchange
49 based upon the project's incremental increase in PM peak hour traffic
0 volumes. The development of this project will result in a 13 % increase in
1 traffic volumes at the interchange. The interim improvements are currently
estimated at $1,239,000. The project's proportionate fair share would be
$161,070.
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261 Planning Commission Minutes - August 9, 1994
g. The project applicant shall designate 50 parking: spaces on -site for use by
commuters between 6 AM and 6 PM on weekdays. The selection of said
spaces shall be reviewed by and. approved by the City Traffic Engineer.
h. The applicant shall offer for dedication to the City an easement of 20 feet in
width for pedestrian access, to the US' 101 Freeway., This easement shall
allow pedestrian access from the, 50 parking spaces to the bus stop. presently
being installed with the improvement of Redwood. Way and McDowell Blvd.
This easement shall be in a form acceptable to the California Department of
Transportation.
L Prior to occupancy of any portion ,of the project, the applicant shall signalize
the intersection of Redwood Way and McDowell Boulevard North. The
signal shall be synchronized with the Old Redwood Highway /McDowell
Boulevard North intersection.
j. Revised site plans. shall be subject to review by the Engineering, Department
for consistency with the findings and mitigation measures as identified in the
final, EIR for this project. Review shall include but not be limited to, traffic,
transportation and drainage issues..
k. Water pressure calculations shall be - required for this development verifying s
the system adequacy for fire flows and domestic service. (This item shall be
verified concurrent with improvement plan review.)
1. This development shall be required to contribute to the City's traffic
mitigation fee..
rn. Signing- and striping shall conform to City Standards.
n. All grading and erosion control shall conform to the City's Erosion Control
Ordinance 15.76.
o. This development shall comply with all recommendations as stated in the
soils report for this project.
p. The developer shall comply with the Petaluma Municipal Code Section
10.36.010 and 20.36.020 which require the developer to pay storm drainage
impact fees (as calculated in Chapter 17.30) on construction in all sections of
the City of Petaluma.
q. Parking spaces shall be designed consistent with standard dimensions.
22. The following requirements from the Water Department shall be met:
a. Water and fire service connections for Pad D .shall either come from
McDowell Blvd. North or be located at the existing detector check valve
assembly in the planter.
b. Fire service, 'domestic and irrigation service for the new buildings shall come
off McDowell Blvd. North. The on -site water mains and fire. `hydrants shall
be private.
C. On -site storm drains shall be private.
23. The following requirements of the Building Division shall be met:
a. Grading must be certified when completed. to indicate compliance with
approved plans and will be required for occupancy.
b. Certify pad elevations before building slab on grade is poured.
C. Soils with expansion index greater than 20 requires special design foundation
per Uniform Building Code 2904(b).
d. Show site drainage and grading topography.
e. Indicate all utilities on site, plan.
f. Responsible party to sign; plans. .
g. Submit soils report to verify foundation design.
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Planning Commission Minutes - August 9, 1994
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h. Plans must show compliance to 1991 UBC, UPC, UMC, and 1990 NEC.
Plans must also show compliance to current Title 24 Energy Code.
i. Provide structural calculations for all non - conventional design items.
III. WAYNE VIELER; KODIAK JACK'S HONKY TONK AND SALOON, 256
PETALUMA BLVD. NORTH; AP NO. 006-284-036; FILE CUP94018 acm /jkt).
Consideration and receipt of testimony on a Conditional Use Permit request to
authorize commercial recreation at Kodiak Jack's Honky Tonk and Saloon at 256
Petaluma Blvd. North. Continue public hearing to Planning Commission meeting of
September 13, 1994.
Principal Planner Jim McCann presented the staff report.
The public hearing was opened.
614
Wayne Vieler - Applicant - Raised objection to several mitigation measures and
conditions; does not desire to be restricted to Country and Western music; can offer any
kind of music now, not willing to relinquish that right; concerns with condition restricting
transfer of ownership without permission of Planning Director; a new owner will be under
CUP restrictions; concerns with reduction in hours of Commercial Recreation aspect; does
not want to post $2,500 for a noise study; no more noise studies are needed; not the same
operation as Kickers; existing business not in violation of Petaluma Noise Ordinance; will
comply with any requirements of a noise study paid for by neighbors - will pay for an
additional noise study to prove compliance; concerns with Condition 9 regarding
restrictions to type of music (played examples of country western music from several
decades) "newer" country music has more bass and is louder; plans to offer "mixed bag"
nights which will offer all kinds of music, not strictly country music; majority of noise comes
from neighboring Guadalajara Bar; the front of Michael Healey's house is quiet, the rear of
house already has noisy cars (louder than music);. existing roof turbines will have sound
baffling boxes built around them.
Victor Thuesen - Moved into neighborhood in 1983; shocked when Kicker's opened;
building used to be a feed store; nothing but problems with Kickers; Planning Department
did nothing with Kickers problems; not a Police problem; Planning /Zoning problem;
Kickers and Kodiak Jacks are not bars, they are "sound boxes ", music is disruptive; Bar
Guadalajara has gotten louder; there should not be a bar at this location; Planning staff
needs to take abatement action; Planning staff never appeared at hearing with ABC in
Santa Rosa; discussed history of noise studies; third sound study was phoney; neighborhood
should not be required to listen to this music all the time; Council, ordered staff to abate
this last year, nothing was ever done; I do not trust or believe Planning staff, they are
dishonest; City staff does not listen; Kodiak Jacks charges for dance lessons, they need a
use permit that they don't have; noise from last weekend was noisiest ever; nothing is ever
done; noise at top of Martha Street is much noisier than on the Boulevard; Planning
Commission should reject this permit and should look at whether this is a bar or not - if
not, it shouldn't be allowed, not a permitted use; Mario and John's is a bar, Kodiak Jacks is
not!
Brian Gatti - Lives on ranch on Old Adobe Road; doesn't expect a lot of noise in the
country, but would expect it in the city; has known Wayne Vieler for 10 years; ( Vieler) is
accommodating to neighbors as much as possible; not the same operating characteristics as
264 Planning Commission Minutes - August 9, 1994
Kickers;, Kodiak Jacks is a bar with social club benefits; music is not too loud; quality bar;
some fine tuning can mitigate noises; this area should e�cpect noise.
Kevin Hall - (Terra. Linda) - Has known Wayne Vieler for 15 years; is a customer; (Vieler)
very conscientious; tries to work with neighbors; volunteered to make ;changes to acoustics
in Kodiak Jacks to mitigate noise; sound levels are lower than they were, people can talk
when music is playing (unlike Kickers).
Mike Healey - 304 Kentucky Street - Noise problem is not fixed; initially noise was lower;
DJ music too loud; noise study was done in less than "normal" conditions, everyone was
forewarned;, if there was no noise ,problem, this meeting, wouldn't be necessary; can 't place
any credibility on Planning staff because of project history; being asked to trust staff,_ but
they have dropped the ball before ;don't trust staff; Zoning Ordinance flawed due to lack
of commonsense definition of bar; appreciates changes being considered now; no
intensification. of uses should be considered.
Lawrence Longeng_augh - Noises from Bar Guadalajara /Kodiak Jacks have escalated
irimmensely lately; 12 bars in downtown area with live music; traffic is also a problem
patrons park all over residential streets; property values are adversely affected.
Ed Gundstrom - Representing Mr. Vieler Thinks residents would welcome CUP
conditions; only way , bar can be removed is through abatement actions; with CUP, if
conditions are imposed and they are -not met, permit can be revoked; objects to non -
transferability of ownership, "other objectionable operating conditions is too vague;
concerns with other, ,conditions.
Jenny Johnston - 108` Prospect - Noise not as much of a problem for her; trying to improve
her home, nice area, but there no nightclubs in neighborhood 4 years ago; property values
are going downward: many owners are selling.
Dave Maw 34 Vallejo - Lived in Petaluma last 4 years; whole use permit process is
flawed; complaints are ignored by Planning staff; if this process is in place, some form of
enforcement should be in place; see that enforcement, is done; every Monday morning
there. is trash, broken bottles, etc. at bus stop on Washington and Blvd.; type of music
should be restricted; why should everyone pay for Police protection for bar problems? let
bar owners. pay their fair share.
The public hearing was continued to the Planning Commission meeting of September 13,
1994.
Commission Discussion
Commissioner Rahman - Must consider the appropriateness of this type of 'business in an
area of this nature; we should be able to limit hours of noise eneration; not sure that this
e of business should be allowed in this district g
type because of noise; people should be able
to sleep at night.
Commissioner vonRaesfeld - Looked at property in this area recently, noisy maybe not a
proper use for this area.
Commissioner Parkerson Previous uses were historically commercial /industrial; difficulty
to find this as an.allowed. use at _all; some consideration for neighborhood is necessary.
Commissioner Torliatt Kodiak Jacks is different business from Kickers.; some problems
same as last use; can't support expansion of this use at this time.
Commissioner Thompson - More follow -up on live music uses in area (Bar Guadalajara)
before next meeting is needed; follow -up with Police on "food coach" before September 13
meeting.
Commissioner Rahman - City needs to put more time into CUP enforcement; need to
discuss enforcement actions.
52
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Planning commission Minutes - August 9,1994
1 IV. HUGH MURPHY, TACO BELL, 406 EAST WASHINGTON STREET; AP NO. 007-
2 132 -034; FILE CUP94015(tp).
3
4 Consideration of a Mitigated Negative Declaration and a Conditional Use Permit to
5 authorize the construction of a 2,000 sq.ft. fast -food restaurant with a drive -up
6 window.
7
8 Associate Planner Teryl Phillips presented the staff report.
9
10 The public hearing was opened.
11
SPEAKERS:
Commissioner Rahman - Clarification of security measures.
CO Nadine 'Sponamore - Planning Consultant for Taco Bell - Intersection improvements will
bring LOS up from D to Q agreed to grant cross -over easement to Tivoli H owner next
door; security measures required are acceptable; wants security measures strong from
beginning; bus turn -out on E. Washington will be provided; excessive parking on site;
Aem neighbors will be consulted if any problems occur; positive response from neighbors;
soundwall requirement unwarranted; lighting should not interfere with existing neighbors;
21 Taco Bell cleaned up site last week as a good will gesture.
22 Hugh _Murphy - Architect - Stacking for 9 -10 cars; described utility undergrounding; only
23 other issue is raising soundwall (would have to be removed and rebuilt); building will be
24 designed to tie into railroad depot theme across the street.
25 Shami Sall - Operations Manager - This operation will be very different from previous
26 Taco Bell, this is corporate owned and managed; quality operation, excellent security,
F9 7 managers are required to become involved in two community events.
8 Commissioner Parkerson - Taco Bell proposed on McDowell - there were concerns with 24
hour operation; any similarities at this site?
30 Shami Sall Security will not be a problem at this site.
31 Kevin Rice - Taco Bell Security Manager - Closed circuit TV system will monitor exterior;
32 silent security system; outside security officers; managers will be expected to establish
33 rapport with local Police department and with teenaged customers; off -duty SF Police
34 officers will be hired for security; classical music can be played to discourage teenage
35 loitering.
36 Bill Soberanes - 423 E. Washington - Traffic concerns; wants more time to do some
37 investigation into this project.
38 David Mayer - 34 Vallejo - When bars close, Taco Bell will be the place to congregate if it
39 is open 24 hours; where will land for street widening come from; who will clean up railroad
40 site; 24 -hour restaurant is not needed.
41 Iris Baccaleoni - Home is across street from proposed site; does not want outside music;
42 24 -hour restaurant not needed.
43 Margaret Soberanes - Was not notified of this meeting, lives, right across the street; How
44 will mitigation measures be enforced? Why weren't these things enforced at the previous
45 site?
46 Tony Miller - Taco Bell Construction Manager - Would like a decision tonight so work can
47 be completed during this construction year.
48 Nadine. Sponamore - Music not proposed for outside except classical music when parking
49 lot needs to be cleared; will pick up trash farther than 200 feet; loitering will be handled as
50 fast as possible; problems at previous site could not be controlled because there was no use
1 1 permit.
2 Principal Planner Jim McCann. Roadway improvements will_ lessen traffic impacts at this
3 intersection; previous site was covered by an old use permit with very vague conditions; this
- 4 use permit is specific to Taco Bell Corporation being the operator.
265
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266 Planning Commission Minutes - August 9, 1994
Commissioner. Bennett In favor or proposal; last Taco Bell proposal was turned down
because of existing. Washington /McDowell problems; this site has pre- existing fast food
site; this CUP will give City some control of site; staff has identified problems and required
mitigation „measures.
Commissioner Parkerson - Agrees with Commissioner Bennett; zoned for this type of use;
applicants working well with City to provide requested mitigations.
Commissioner Torliatt - Far superior site to previously proposed site; incorporation of
historic architecture is appreciated.
Bill Soberanes Requests a short delay.
Commissioner Thompson - This decision can be appealed to the City Council.
The public hearing was closed.
A motion was made by Commissioner Rahman and seconded by Commissioner Bennett to
adopt a Mitigated Negative Declaration and approval of the Conditional Use Permit for a
2,000 sq.ft. Taco Bell restaurant located at 406 E. Washington based on the findings and
subject to the amended conditions listed in the staff report.
COMMISSIONER PARKERSON: Yes
COMMISSIONER RAHMAN: Yes
CHAIRPERSON THOMPSON: Yes'
COMMISSIONER BENNETT: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER vonRAESFELD Yes
Findings for Mitigated Negative Declaration:
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 can 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, will have a significant effect on the environment.
3. A monitoring program has been included to ensure compliance with the adopted
mitigation measures.
4. 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 filin fees because the site is already fully developed as a restaurant with
associated parking improvements.
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.
6. The Planning Commission has reviewed the Initial Study /Negative Declaration and
has considered the comments received before malting a decision on the project.
7. The record of proceedings of the decision on the project is available for public
at the' Petaluma, Planning Department, City Hall, 11 English Street,
Petaluma, California.
11
Planning Commission Minutes - August 9,1994
1
2 Mitigation Measures:
3
4 Security Measures
5
6 1. Prior to application for SPARC approval of the project, a site security program shall
7 be developed, to incorporate the following, subject to approval of Planning and Police staff:
8
9 a. Hours of operation for the dining room shall be restricted to 6 am to
10 midnight, seven days per week. The drive thru window may operate 24 hours
11 per day on a daily basis.
(B b. At least two private security personnel shall patrol the site from 8 pm to
Co closing of the dining room, seven days per week. Security shall be increased
if a significant demand for police services to the site is documented, as
determined by the Police Chief.
C. The parking lot shall be posted with signs specifying "No Loitering" and "30
Minute Parking" limitations.
21 d. A Loitering Enforcement Letter shall be executed by the property
22 owner /business owner, and filed with the Police Department, to establish a
23 cooperative commitment between the project proponents and Police staff in
24 regulating loitering and public disturbances at the site.
25
26
7 Site Maintenance Measures
8
9 2. A site maintenance program shall be developed and submitted for staff review and
30 approval prior to building permit issuance. The program shall include provisions for
31 installation and daily emptying of- outdoor trash receptacles, daily cleaning of
32 parking lot and walkway surfaces, and daily litter collection across the project site
33 and within a 200' radius of the project site where accessible. The program shall
34 include provisions requiring monitoring of the site for graffiti, and shall require
35 removal of the graffiti within one day of occurrence.
36
37 3. All landscaping shall be maintained in good growing condition. Such maintenance
38 shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and
39 trash, fertilizing and regular watering. Whenever necessary, planting shall be
40 replaced with other plant materials to insure continued compliance with applicable
41 landscaping requirements. Required irrigation systems shall "be fully maintained in
42 sound operating condition with heads periodically cleaned and replaced when
43 missing to insure continued regular watering of landscape areas, and health and
44 vitality of landscape materials.
45
46 Noise. Lighting and Aesthetic Measures
47
48 4. The existing perimeter wall shall be increased in height to 7', measured from the
49 parking lot grade elevation on the project site to insure protection for neighboring
50 residents. Plans for design of the wall shall be submitted for SPARC review and
1 approval prior to building permit issuance.
2
3 5. Outdoor speakers shall be equipped with volume control or low wattage. Speaker
4 volumes shall be monitored during every shift by restaurant management staff to
C Sfi
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268 Planning commission Minutes - August 9, 1994
ensure that sound does not create an audible intrusion to nearby residents and
businesses beyond the boundaries of the project site. Volumes shall be maintained
at all times at the lowest possible level at which business can be effectively
conducted. The Planning Director may require the volume of the speakers to be
reduced in order to reduce noise impacts to adjoining properties.
6. Plans submitted at time of. application for SPARC approval of the project shall
include exterior lighting plans Which specify the location and design of all proposed
exterior lights. Lighting shall be designed. to preclude intrusion of. direct glare onto
the adjoining residential properties, and shall not adversely impact visibility for
traffic on E. Washington and Lakeville Streets.
7. SPARC review of the project shall be required, with special emphasis on the
following aesthetic concerns:
a. Architectural design shall address all visible aspects of the building exterior
(including utility panels), perimeter walls, and trash enclosure areas, to
provide a consistent level of detailing and quality of materials throughout the
project. Design shall be in keeping with surrounding development of historic
interest and good design character.
b. Landscape plans shall include provisions for screening of utility, boxes, trash
enclosure, drive thru lane, and other functional aspects of the business,
enhancement of stark walls, and softening /screening of paved driveway and
parking surfaces.
C. The proposed menu board and drive thru 'lane paving shall be screened with
a combination of landscaping and berming to minimize views of these
elements from E. Washington and Lakeville Streets.
d. Utility boxes shall be placed underground to the extent reasonably feasible,
as determined by staff. Plans submitted at time of building permit
application shall include details and the proposed location of all proposed
and existing utilities on the site.
e. Any rooftop equipment shall be screened from view of E. Washington and
Lakeville Streets. Design of any required mechanical equipment screens
shall be included in plans submitted for SPARC approval of the project.
Circulation Measures
8. The applicant shall widen East Washington Street 6 feet .from the curb radius of
Lakeville Street a distance of '60 feet, then transition to the existing_ curb and gutter
line of East Washington Street. These improvements are necessary to provide a bus
pullout.
9. Plans submitted at time of SPARC review of the project shall reflect installation of a
direct pedestrian route linking y f building to the
parking area to at d on the east (UnoCal) southeasterly of the site. Design and specific
location of the path shall be subject to SPARC approval with concurrence of the
City Traffic Engineer.
13
Planning Commission Minutes - August 9, 1994
1
10.
Applicant shall execute and record an irrevocable offer for a cross - access easement
2
between the project site and the property, situated to the south of the project site
3
(Tivoli bar site, APNo. 007 -132 -022). The offer shall consist of a minimum 20' wide
4
access easement to be located along the common south property line, west of the
5
trash enclosure. The intent of this requirement is to facilitate future shared access
6
between the properties at such time that the adjacent property is redeveloped, in
7
order to achieve an overall reduction in the total number of driveways along the
8
Lakeville : Street corridor. The easement shall be accepted and effective within
9
thirty (30) days following notice to Taco Bell Corp. by the City of Petaluma.
10
Following such notice, improvements shall be made at the expense of the owner of
11
AP No. 007 - 132 -022 (Tivoli property) to provide vehicular access and to
12
reconfigure, modify, and improve as necessary, improvements disrupted by this
action. Said irrevocable offer shall be in a form and of a content acceptable to the
ce
Planning Director and City Attorney prior to the issuance of a building permit.
M
11.
Entry and exit along the Lakeville driveway shall be limited to right turns only.
2
Signs shall be posted which specify "No Left Turn" in both directions.
12.
Street frontage improvements along Lakeville Street shall be modified to
incorporate detached sidewalks and a street tree planting strip. Sidewalk shall be
21
permitted to meander onto private property, with provisions for a public access
22
easement. Plans submitted for formal SPARC review shall incorporate proposed
23
sidewalk design. Any required sidewalk easement shall be recorded prior to
24
issuance of a Certificate of Occupancy for the project.
25
26
13.
This project shall be subject to imposition of Traffic Mitigation fees, as specified by
7
City Council Resolution. Applicant may request City Council approval of a credit
8
toward payment of these fees or reimbursement, based upon the cost of
9
improvements to Lakeville Street installed in conjunction with the project.
30
31
32
Findings for Conditional Use Permit:
33
34
1.
The proposed Taco Bell project, as conditioned, will conform to the requirements
35
and intent of the Petaluma Zoning Ordinance.
36
37
2.
The proposed Taco Bell project, as conditioned, will conform to the requirements
38
and intent, goals, and policies of the Petaluma General Plan.
39
40
3.
The proposed Taco Bell project will not constitute a nuisance or be detrimental to
41
the public welfare of the community because mitigations have been adopted which
42
will reduce to levels of insignificance, circulation, noise, lighting, security and
43
maintenance impacts generated by the project.
44
45
4.
The proposed Taco Bell project as conditioned, is situated on a site with direct
46
vehicular access to public streets (Lakeville and E. Washington streets), and
47
includes adequate provisions for on -site circulation, parking and pedestrian access.
48
49
5.
The proposed Taco, Bell project as conditioned, has a suitable relationship to the
50
site and surrounding uses, and sufficient landscaping and screening will be provided
1
to maintain attractive views along E. Washington and Lakeville Streets, and to
2
protect adjoining properties from visual intrusion.
3
`e, �;
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270 ® Planning commission Minutes . August 9, 1994
6. The proposed Taco Bell project as conditioned, will not generate any special public
hazards arising from its intended use, and adequate provisions have been
incorporated to address the control of its operating hours and characteristics if
unforeseen adverse impacts arise from future operation of the business.
7. The proposed Taco Bell project as, conditioned, will serve the interest of the
community through provision of ;goods and services not presently available within
the City, and is considered a "matter of public convenience and necessity.
Use Permit Conditions:
1. The following requirements of`the City Engineer shall be met:
a. The applicant shall relocate all public and private utilities necessary to
accommodate street frontage improvements. These improvements include
but are not limited to curb, gutter and sidewalk, fire hydrants, storm drain
inlets, traffic signals, and street lights.
b. All improvements within the public : rights of way shall. be designed by a
qualified Registered'Professional Engineer.
2. The following recommendations of the Police Department shall be met:
a. A convex mirror should be positioned to provide visibility of activity near the
restrooms and the north door, to employees in the service area.
3. The following requirements of the Fire Marshal shall be met:
a. Provide fire extinguishers 2A rated ABC dry chemical type as required by the
Fire Marshal.
b. Provide one 40 -BC rated dry chemical type extinguisher in kitchen.
C. Post address at or near main, entry door - minimum four (4) inch letters.
d. Provide signs over exit doors stating - "This door to remain unlocked during
business, hours ". Letters shall not be less than 1 "' high.
e. Provide occupancy load sign (Occupancy �) in assembly areas.
L All compressed. gas cylinders in service or In storage shall be adequately
secured to prevent falling or being knocked over (Section 74.107a of the 1988
Edition of the Uniform Fire Code).
g. Provide KNOX box for key control located on building as required by the
Fire Marshal.
It. Provide exit lights over or near all required exits.
i. Provide emergency lighting in all public areas and at or near all required
exits.
j. All emergency lighting and exit lights ' shall have two separate sources of
power as required in the Building Code.
k. Install an approved automatic fire extinguishing system to protect all cooking
equipment.
1. Permit required from the Fire. Marshal's office for fixed fire extinguishing
systems. Two sets of plans are required.
m. Provide panic hardware on all required exit doors.
n. Exiting: exitways, exit doors shall conform - to the 1991: edition of the
Uniform Fire Code and the 1991 edition of the Uniform Building Code.
15
Planning Commission Minutes - August 9, 1994
1 4.
The following requirements of the Chief Building Official shall be met:
2
3
a. Grading must be certified when completed to indicate compliance with
4
approved plans and will be required for occupancy.
5
b. Certify pad elevations before building slab on grade is poured.
6
c':° Soils with expansion index greater than 20 requires special design foundation
7
1 per Uniform Building Code 2904(b).
8
d. Show site drainage and grading topography.
9
10
e. Indicate all utilities on site plan.
f. Responsible party to sign plans.
11
gg Submit soils report to verify foundation design.
1990 NEC.
h. Plans must show compliance to 1991 UBC, UPC, UMC, and
Plans must also show compliance to current Title 24 Energy Code.
i. Provide- structural calculations for all non - conventional design items.
j. Demolition permit required to remove any structure.
5.
All existing overhead utilities along the Lakeville Street frontage shall be relocated
and placed underground to the satisfaction of the City Engineer.
20 6.
The following requirements of the Water Department shall be met:
21
22
a. Existing water service shall be split to provide separate domestic and
23
irrigation meters. If demand warrants, an additional lateral may be required.
24
25 7.
Plans submitted at time of application for SPARC review shall be modified to
6
incorporate the following:
7
8
a. Site and landscape plans shall incorporate provisions for a direct pedestrian
__9
path linking the E. Washington Street public sidewalk and the entry door
30
facing the street. The path shall be clearly marked across the drive thru lane
31
and shall include a textured surface. Graphics or signs shall be installed in
32
the drive thru lane to alert drivers of the pedestrian crossing.
33
34
b. Landscape plans shall be modified to reduce or eliminate lawn areas, and
35
substitute perennials or other more water conserving plant materials in the
36
street frontage areas. Landscaping shall be designed to incorporate berming
37
and screening materials adjacent to the drive thru lane, and materials to
38
discourage loitering and pedestrian traffic through planter areas.
39
40
C. Site and landscape plans shall be amended to reflect installation of a bus
41
lane along the E. Washington Street frontage of the project site, and a
42
detached sidewalk and street tree planter area along the Lakeville frontage.
43
44
d. Landscape plans shall be amended to provide better continuity in the
45
landscape treatment across the entire site. Existing plant materials not
46
suitable for retention or inconsistent with the proposed landscape concept,
47
shall be replaced with new materials.
48
49 8.
All proposed permanent signs and their locations shall be subject to SPARC review
50
and approval prior to application for sign permits. Review shall include:
1
2
a. appropriateness of height, overall area and dimensions.
3
b. minimize visibility of menu board from view of E. Washington Street or
�4
Lakeville Street.
271
16
272 Planning Commission Minutes - August 9, 1991
C. color scheme, lighting
d. appropriateness of location with respect to visibility, safety concerns,
aesthetics.
e. location and design of directional and other informational signs.
All signs shall conform to Zoning Ordinance standards. No banners, pennants,
balloons, portable signs, roof signs, or window signs shall be permitted along the E.
Washington and Lakeville Street frontages.
9. This project shall be subject to imposition of all applicable. special development .
fees, including water and sewer connection fees, community :facilities development
fees, and storm drainage impact fees. Fees shall be calculated; and paid in
accordance with the applicable City Council Resolutions.
Standard CLT Conditions:
10. All trees shall be a minimum fifteen gallon size (i.e. trunk diametet of at least 3/4
inch. measured one foot above the ground) unless otherwise specified (e.g.: 24" box
or specimen size) and. double staked; all shrubs shall be five gallon size. All
landscaped areas not improved with lawn shall be protected with a two -inch deep
bark mulch as a temporary measure until the ground cover is established.
11. All plant material shall be served by a City approved automatic underground
irrigation system.
12. All. planting shall be maintained in good growing condition. Such maintenance shall
include, where appropriate, pruning,, mowing weeding, cleaning of debris and trash,
fertilizing and regular watering. Whenever necessary, planting shall be replaced
with other plant materials to insure continued compliance with applicable
landscaping requirements. Required irrigation systems shall be fully maintained in
sound operating condition with heads periodically cleaned and replaced when
missing to insure continued regular watering of landscape areas, and health and
vitality of landscape materials.
13. Root barrier systems shall be utilized for trees near streets or walkways as needed,
subject to staff review and approval.
14. Public utility access and easement locations and widths shall be - subject to approval
by PG &E, Pacific Bell, SCWA, all other applicable utility and service companies,
and the City Engineer, and shall be shown on plans submitted for 'buil'ding permit
approval.
15. All work within a public right -of -way requires an excavation permit from the
Department of Public Works.
16. Construction activities shall. comply with applicable Zoning Ordinance and
Municipal Code Performance Standards (noise, dust, odor, etc.).
17. At no time shall future business activities exceed Performance Standards specified
in the Uniform Building Code, Section 22 -301- of the Petaluma Zoning Ordinance,
and the 1987 General Plan.
18. All. outdoor mechanical equipment, satellite. dishes, fire main and all rooftop
equipment shall be fully visually screened upon installation subject to the approval
17
Planning Coinmission Minutes - August 9,1994
1 of the Planning Department. Screening devices shall be shown on construction
2 and /or landscape plans.
3
4 19. All exterior light fixtures shall be shown on plans subject to staff review and
5 approval. All lights attached to buildings shall provide a soft "wash" of light against
6 the wall. All lights shall conform to City Performance Standards (e.g., no direct
7 glare, no poles in excess of 20 feet height, etc.) and shall compliment building
8 architecture.
9
10 20. Trash enclosure screens shall be protected from vehicular movements with
11 minimum three foot wide curbed landscape buffers, and shall be designed to
conform with all specification of the City Trash Enclosure Screen Design Standards.
21. Driveway and parking surface areas shall be improved with a City approved surface
of asphaltic- concrete or concrete pavement. All parking surface areas, shall be
bordered with concrete curbing which is designed to meet at least the minimum
specifications of the City Parkin Design Standards. Existing paving to be retained
shall be repaired as necessary prior to issuance of a Certificate of Occupancy for the
project.
21 22. Handicapped spaces shall be designed with extra width to accommodate side -
22 loading handicap vehicles at a ratio of one -third of all handicap spaces (minimum of
23 one side - loading accessible), subject to staff review and approval.
24
25 23. This use permit may be recalled to the Planning Commission for review at any time
26 due to complaints regarding lack of compliance with conditions of approval, traffic
7 congestion, noise generation, or other adverse operating characteristics. At such
8 time, the Commission may revoke the use permit or add /modify conditions of
9 approval.
30
31 24. This use permit shall not be assigned or transferred without the prior written
32 consideration and approval of the City of Petaluma Planning Commission. The
33 applicant shall apply for a transfer on a form provided by the Planning Director and
34 shall pay a nonrefundable application processing fee in the amount established by
35 City Council resolution. Consideration of the sale or transfer shall be done in
36 accordance with the conditional use permit procedures set forth in Section 26 -500 of
37 Zoning Ordinance No. 1072 N.C.S. wit the exception of Section 26 -511 pertaining to
38 transfer rights.
39
40
41 V. PETALUMA RIVERBOAT COMPANY; PETALUMA QUEEN FLOATING
42 STORAGE FACILITY; PETALUMA TURNING BASIN; FILE CUP94011.
43
44 Consideration of an appeal of the Planning Director's decision denying amendment
45 to the Conditional Use Permit for operation of the Petaluma Queen. The
46 amendment would permit location of a floating storage facility within the Turning
47 Basin adjacent to the public docks.
48
49 This item was continued to the Planning Commission meeting of September 13,
- 0 1994.
1
2
3 VI. PROJECT STATUS:
273
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274 Planning Commission Minutes - August 9, 1994
1
2 1. McNear Landing Discussion with proponents - revised plans are moving in
3 the right direction.
4 2. McClure Parcel Map - Staff reviewed revised plans; will be sent on to
5 SPARC.
6
7
8
10
11
12
13
14
15
16
17
18
19
Commissioners bid fond farewell to Commissioner Bennett - will be missed.
ADJOURNMENT To the Planning Commission meeting of September 13 (no meeting
scheduled for August 23).
min809 /jabt
19