HomeMy WebLinkAboutMinutes 12/13/1994325
1 PLANNING COMMISSION MINUTES
REGULAR MEETING December 13, 1994
CITY COUNCIL CHAMBERS 7:00 P.M.
5 CITY HALL PETALUMA, CA
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7 PLEDGE OF ALLEGIANCE.
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9 ROLL CALL: Present: Parkerson, Rahman, Stompe (arrived at 8:00), Thompson,
10 vonRaesfeld, Wick; Absent: Torliatt
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STAFF: Pamela Tuft, Planning Director
Jim McCann, Principal Planner
Chairman
APPROVAL OF MINUTES: Minutes of November 22, 1994 were approved as distributed.
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21 PUBLIC COMMENT: None.
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23 DIRECTOR'S REPORT: None.
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5 COMMISSIONER'S REPORT: None.
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7 CORRESPONDENCE: Letter from Walter Bemis regarding Country Club Tree Study;
8 Letter from Al Bianchi regarding Petaluma Cinemas; Letter from Wayne Vieler regarding
29 Zoning Interpretation Appeal; Letter from City Attorney regarding Kodiak Jack's; Letter
30 from staff (addressed to Wayne Vieler) regarding Kodiak Jack's; Memo from Assistant
31 City Manager regarding National Register of Historic Places Nomination for Downtown
32 Commercial Area.
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34 APPEAL STATEMENT: Was read.
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36 LEGAL RECOURSE STATEMENT:. Was noted on the agenda.
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39 OLD BUSINESS:
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41 I. RIESLING ROAD ALIGNMENT THROUGH THE GATTI PROPERTY; CITY OF
42 PETALUMA.0cm)
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44 Continued to January`. 24, 1995 meeting.
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46 Staff noted that there will be a neighborhood meeting January 11, 1995 at Lucchesi
47 Community Center to discuss the adopted alignment and alternate alignments for
48 the Riesling Road extension through the Gatti Property in the Corona Ely Specific
9 Plan area.
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1 (Continued from the October 25, 1994 meeting.)
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II. PACIFIC THEATRES, PETALUMA CINEMAS - EXPANSION, 1363 N.
MCDOWELL BLVD. acm).
Consideration of conceptual revised site plans for the expansion of the Petaluma
Cinemas pursuant to the mitigation measures and conditions of approval.
This item was removed from the agenda per the applicant's request.
CONTINUED PUBLIC HEARINGS
III. COUNTRY CLUB ESTATES UNITS 2A /.3A (PHASE II AND III), PUD
GUIDELINES, TREE EVALUATION.0cm).
Continued consideration of a tree evaluation report and tree replanting and visual
mitigation plans prepared for the 43 -lot subdivision.
(Continued from the December 3, 1994 Special Meeting.)
Principal Planner Jim McCann - presented the staff report.
DISCUSSION
Commissioner Parkerson - questions regarding the level of review for removal of
eucalyptus trees recommended by the arborist; will Planning Commission have any
further input?
Principal Planner McCann Staff could give notice to the Commission prior to tree
removal.
Commissioner Rahman - Are trees replaced in the same spot as trees being
removed?
Principal Planner McCann - No, trees to be replaced per the replanting plan Mr.
Bemis hoes to establish an oak savannah.
.Commissioner Parkerson - Questions regarding access road and comments raised by
Mr. Siragusa.
Principal Planner McCann Explained that the alignment of the emergency access
road responds to a mitigation measure imposed by the City Council and that the
tree evaluation is not addressing or 'promoting a specific road alignment; specific
design aspects of the emergency road alighment (i.e., erosion control, revegetation,
etc.) will be addressed as a typical part of the review of the improvement plans for
the subdivision.
Walt Bemis - Arborist - answered questions regarding hazardous tree removal; trees
are 90+ years old; life span of eucalyptus varies; frost takes toll; rainfall (in 12"-
15" rainfall zone trees do not live as long as 15 " -30" rainfall zone) these trees are
probably 15 " -30" zone; 200 year life estimate for these trees.
John Sira usa - Tree study and access road go hand in hand; how many trees
proposed to be removed for proposed road? Will tonight's vote include vote for
tree removal?
Commissioner Thompson - In upper area yes, lower area, no.
Principal Planner McCann - Explained direction of access road preferred by Fire
'Department; few trees proposed to be removed; road can be shifted to retain lone
oak and significant eucalyptus trees in the lower portion of the 'site.
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1 John Sira ugusa - Will Planning Commission be voting on mitigations that would
2 include removal of trees?
3 Principal Planner McCann - Open Space easement required to be defined; some
4 portion of boundaries have been moved to save trees; tonight's vote is on approval
5 of study - this is not the last opportunity for review of environmental effects of
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emergency road alignment; invited Mr. Siragusa to discuss further with staff.
7 Commissioner Thompson - Specific tree removal will be decided when alignment of
8. road is decided.
9 Principal Planner McCann - Offered to speak /meet with Mr. Siragusa regarding
10 Tree Study.
11 John Siragusa - Will be fighting to keep access road through Rancho Lindo
Subdivision; lives adjacent to creek, cars go down into creek now, paved road should
not be there; important to keep eucalyptus trees at creek area - when eucalyptus
trees removed - other trees surrounding will not have natural wind protection and
then may become hazardous.
David Gary - Open space in area is important - expressed desire to be kept up to
date on access road plans.
Commissioner Parkerson - Satisfied - developer has done a lot to preserve natural
conditions in subdivision - will move on proposed conditions.
Commissioner Rahman - Is language in No. 1 strong enough? Can City stay on top
21 of'these requirements?
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23 A motion was made by Commissioner Parkerson and seconded by 'Commissioner Wick to
24 adopt the Tree Study, Replanting and Visual Mitigation Plan for Phase III of the Country
25 club 2a /3a Subdivision, subject to the conditions listed below:
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7 COMMISSIONER PARKERSON: Yes
8 COMMISSIONER RAHMAN: Yes
9 CHAIRPERSON THOMPSON: Yes
30 COMMISSIONER WICK: Yes
31 COMMISSIONER STOMPS: Absent
32 COMMISSIONER TORLIATI': Absent
33 COMMISSIONER vonRAESFELD: Yes
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35 Conditions
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37 1. The tree study shall be revised to reflect and address the six staff recommendations
38 contained in the November 22, 1994 Planning Commission staff report and shall
39 include specific discussion of fire hazard reduction recommendations. Additionally,
40 the tree study shall require the regular removal of immature and suckering
41 eucalyptus trees in order to preclude the spread or significant expansion of the
42 eucalyptus stands.
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44 2. The developer may remove any eucalyptus tree determined to be hazardous by the
45 project arborist or other qualified arborist. All eucalyptus trees proposed to be
46 removed shall be replaced with an approved species (e.g.- oak and buckeye
47 varieties) at the ratio prescribed by the project's mitigation measures (3:1).
48 Neighbors shall be notified and staff shall approve prior to removal.
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50 3. An implementation and monitoring plan /program shall be prepared pursuant to the
1 direction of the tree study prior to the approval of development permits for any
2 work within this phase of the subdivision. Said plan /program shall be prepared by a
3 qualified arborist under contract by the City. Said contract shall be paid for by the
4 developer.
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4. A revegetation /erosion control plan is necessary in conjunction with the-
improvement drawings for the areas disturbed by the site improvements. Prior to
Final Map approval for this phase, said plan. shall be prepared and /or - reviewed by
the project arborist, under contract by the city at the developer's expense, to ensure
compatibility with the provisions and intent of the tree study.
5. The improvement drawings for this phase of the subdivision shall be p repared
pursuant to the recommendations of this tree study as conditioned by the Planning
Commission and the Site Plan and Architectural Review Committee, subject to staff
review and approval.
IV. WAYNE VIELER, ZONING ORDINANCE INTERPRETATION.(pt)
Continued consideration of appeal of the Zoning Administrator's (Planning
Director's) Zoning Ordinance interpretation regarding bars and live entertainment.
Planning_ Director Tuft referenced communications from Mr., Vieler and his request for
continuance.
The public hearing was opened.
DISCUSSION
Commissioner Thompson - Reluctant to grant another continuance.
Commissioner Parkerson - Viewed tape of meeting; the problem is straight- forward;
Commission should move ahead on this issue; in any case, will probably go to City Council.
Commissioner Rahman - If I had ;been better informed earlier, I would have supported the
Planning Director's recommendation; however, prefers to discuss /decide when Mr. Vieler
is present.
Commissioner Parkerson - Mr. Vieler is very eloquent in. arguing his case - have heard and
read his point of `view we know as much as we can.
Commissioner Wick - Did not view tape of last "meeting, cannot vote `tonight.
Commissioner Rahman Understands it will be an issue for City Council to decide; still,
would like to wait.
Mara Sturn On behalf of appealant - Putting information together for Mr., Vieler -- please
postpone until Mr. Vieler returns.
Commissioner Stompe arrived
Mike. Healev - Resident of Kentucky Street; Surprised with amount of discussion on this
item - matte s tra g ht before -fo wile ; Zoning Administrator's view should be upheld; made very
clear to
purchased business and obtained business license; neighbors
have been told that no five music will be allowed without a use permit - deny appeal.
A motion was made by Commissioner Parkerson and seconded by Commissioner
vonRaesfe.ld to deny the appeal of the Zoning Administrator's definition of "Bar /C'.ocktail
Lounge" based on the findings listed below:
COMMISSIONER PARKERSOM Yes
COMMISSIONER RAHMAN: No (Believes Mr. Vieler should be present).
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1 CHAIRPERSON THOMPSON: Yes
2 COMMISSIONER WICK: Abstain
3 COMMISSIONER STOMPE: Yes
4 COMMISSIONER TORLIATT: Absent
5 COMMISSIONER vonRAESFELD: Yes
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7 Findin s
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9 1. The interpretation was prepared to increase the efficiency of the zoning
10 enforcement proceedings, and to reduce the time consumed in processing
11 applications for similar land use permits.
2. That the evolution of the alcoholic beverage entertainment industry has progressed
to the point where specific impacts associated with the operation of said businesses
requires various levels of review (e.g.: permitted versus conditional use).
3. That the interpretation was not undertaken in an arbitrary and /or capricious
manner but with due diligence and fairness to existing and proposed businesses.
20 4. That the continued health, safety and welfare of the residents with the community of
21 Petaluma warranted the interpretation.
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25 NEW BUSINESS:
6 PUBLIC- HEARINGS:
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8 V. BARLAS VARIANCE; 41 SHASTA AVENUE, AP NO. 019-030-006. akt)
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30 Consideration of a Variance to allow an illegally constructed accessory structure to
31 encroach 3.27' into the required 4' -0" sideyard setback at 41 Shasta Avenue.
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33 The public hearing was opened.
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35 SPEAKERS:
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37 Bonnie .Diefendorf - Applicant representative - requested continuance.
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39 The public hearing was continued to the Planning Commission meeting of January 10,
40 1995.
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42
43 DEPARTMENT REPORTS
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45 VI. ADOPTION OF 1995 MEETING DATES.
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47 The meeting dates for Planning Commission were approved.
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VII. PROJECT STATUS:
Holmberg (CUP Revocation) - Grading permit issued, concrete swale in
place, continuing to monitor.
334 Bodega Avenue (CUP Revocation) - Conditions improved; still
outstanding questions of possible use permit revocation:
Marina Plaza Shopping, Center' - Site at Casa Grande /Lakeville proposed for
250,000 sq.. shopping center - WalMart in for preliminary .review.
Alcoholic Beverage Establishments Regulations - Pamela Tuft and Jim
McCann spoke to downtown bar owners, etc. to address concerns - good
session; will go to City Council in January with proposed regulations.
Roundwalk Village - Burbank project on N.. McDowell - exciting project -
moving forward early next year for building permits.
ADJOURNMENT 8:20 PM.
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