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HomeMy WebLinkAboutMinutes 03/28/19953q7 1 2 3 4 PLANNING COMMISSION MINUTES 5 6 REGULAR MEETING March 28, 1995 7 CITY COUNCIL CHAMBERS 7:00 P.M. 8 CITY HALL PETALUMA, CA 9 10 PLEDGE OF ALLEGIANCE. 11 12 ROLL CALL: Present: Feibusch, Rahman, Stompe, Torliatt, vonRaesfeld, Wick; Absent: 13 Thompson* 14 15 STAFF: Pamela Tuft, Planning Director 16 17 Chairman 18 19 20 APPROVAL OF MINUTES: Minutes of March 14, 1995 will be reviewed at the next (April 21 11) meeting. 22 23 24 PUBLIC COMMENT: None. 25 26 DIRECTOR'S REPORT: Thanked Planning Commission for attending the League of 27 California Cities Conference - very informative sessions and great speakers. 28 29 COMMISSIONER'S REPORT: Commissioner Rahman Thanked City for funding 30 education through League attendance; Commissioner Torliatt - Agreed with Commissioner 31 Rahman, important that Planning Commission attend League Conference. 32 33 CORRESPONDENCE: Wastewater Project Draft RFP and Draft Contract Documents. 34 35 APPEAL STATEMENT: Was read. 36 37 LEGAL RECOURSE STATEMENT: Was noted on the agenda. 38 39 40 OLD BUSINESS 41 CONTINUED PUBLIC HEARING 42 43 I. BEN SHIMEK; WEST PAYRAN SHELL; 900 PETALUMA BLVD. NORTH; AP 44 NO. 150- 011 -005; FILE NO. CUP0045akt). 45 . 46 Continued consideration of a Conditional Use Permit to legalize a pre - existing 47 service station and to allow the conversion of the existing three service bays to a 48 1,255 sq.ft. convenience market. 49 50 (Continued from the February 28, 1995 meeting.) 51 52 Planning Director Pamela Tuft presented the staff report. 1 The public hearing was continued: SPEAKERS: Dick Blankenfeld - Shell Oil - Accepted conditions as written. Commissioner Torliatt - The graphic presented at this meeting makes things clear, be sure it is part of this file. The public hearing was closed. A motion was .made by Commissioner vonRaesfeld and seconded by Commissioner p g l Use Permit to Feibusch to adopt a Negative Declaration and approve a Conditional, legalize the operation of appre- existing gasoline station and the conversion of the existing service bays into a 1,255 sq. ft. convenience market based on the findings and subject to the conditions set forth below: COMMISSIONER STOMPE: Yes COMMISSIONER FEIBUSCH: Yes COMMISSIONER RAHMAN: Yes CHAIRPERSON THOMPSON: Absent COMMISSIONER WICK: Yes COMMISSIONER TORLIATT: Yes COMMISSIONER vonRAESFELD: Yes Findings for Approval of a 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 on the Initial Study and continents received, there is no , substantial evidence that the project as conditioned, would have a significant effect on the environment. 3. The project does not have the potential to affect wildlife resources as defined in the Fish and Game Code, either individually or cumulatively and is exempt from Fish and Game filing fees because no significant wildlife resources have been identified on the project site. Findings for the Conditional Use Permit 1. This service station has been long established and used by neighborhood residents without adverse effects and is therefore permitted by public convenience and necessity. 2. The service station with an intensification to provide a 1,255 square foot convenience market, as conditionally approved, will not constitute a nuisance or be detrimental to the public welfare of the community. 3. The service station with an 1,255 square foot convenience market use, as conditionally approved, is in accord with the objectives of the Zoning Ordinance and the purposes of protecting and, servicing the commercial center in. the Neighborhood Commercial District in which the site is located. As conditioned, the proposed convenience market will conform to the requirements and 'intent of the F) 3`79 1 Petaluma Zoning Ordinance Section 21 -403 ( "Special Standards and Considerations 2 Governing Particular Uses "). 3 4 4. The prohibition of alcoholic beverage sales is appropriate given the location of this 5 business in proximity to well traveled roadways and schools, and the past testimony 6 from the Police Department regarding potential concerns. 7 8 5. The requirement to close the most westerly driveway on Payran Street is consistent 9 with General Plan Transportation Program 8 and Policy 9. The addition of a 10 convenience market would increase trip generation /driveway volumes impacting the 11 intersection of the two arterials. Closure of this driveway would resolve site 12 ingress /egress conflicts. 13 14 6. The requirement to dedicate additional frontage to the City in order to permit 15 future street improvements as anticipated by the General Plan is consistent with 16 General Plan Transportation Program 8 and Policy 9, particularly given the 17 proposed intensification of use. The dedication of the 3 -foot strip of land would 18 match existing right -of -way dedication on adjacent parcels permitting future 19 improvements. 20 21 Mitigation Measures 22 23 From the Engineering Department 24 25 1. The driveway on Payran Street closest to Petaluma Boulevard North shall be closed, 26 the frontage of which shall be improved with curb, gutter and sidewalk to City 27 specifications prior to the issuance of a Certificate of Occupancy. All work within 28 the public right -of -way requires an excavation permit from the Department of 29 Public Works. The closed section shall be landscaped pursuant to a landscape plan 30 which shall be submitted to the Planning Director for review and approval prior to 31 the issuance of a building permit. 32 33 2: - - - -- -fie pFepeFty-- ow*e-r -sh- all - dedicate- -to--t-he- Eity - €oF- use-- a� - -bik- a- l -ane;- Fight - ©€-way 34log t4ie- Petal�rm�- $ou}evartl -leri- €�etge - e ©�ri- �FO�d- the - radial -gib 35 f�ttrrFt -- to-- ��yr�Fr- �tFeet: - - -= Fie- cledic�ti ©Fr- shad-- be-- a-- etesiQF� - © €- the- �xi�t�g 36 additional - 'fight- efa #�€ }rig- €ham =F�w- aid- E ©ttnth ©piling - Cater: -=Fhe 37 dedication- €o-F- t- eFb -Fetar shall- he�a -a� vvfriclr4�ar}gene hoseets:— his 38 E}edieatior�- shad- ©t -Fesxl 3- edicts -i�h- the- �xistigr�rP- islaad- aad- �he -4�1a 39 eanapy; 40 41 2 The property owner shall dedicate to the City for future street improvements, right -of- 42 way along the Petaluma Boulevard North frontage, continuing around the radial curve 43 of 42' to Payran Street. The dedication shall be consistent with the existing right -of -way 44 fronting the Town and Country Shopping Center (as set forth in the exhibit on file in the 45 Planning Department). The dedication shall be an arc which is tangent to both streets. 46 This dedication shall not result in conflicts with the existing pump island and the island 47 canopy." 48 49 3. Cross - over access easements between this site and the adjacent shopping center site 50 common east /west property line) shall be granted upon request by the City 51 pending consent of the shopping center property owner). A written agreement to 52 grant said easements and install applicable site improvements shall be filed with the 53 City prior to issuance of a building permit, subject to Engineering staff review and 54 approval. 3 4. Delivery of petroleum products shall be prohibited during the peak_ traffic hours of 7AM to 9AM and 4PM to 6PM. From the Police Department 5. For security purposes it is suggested that a camera be placed by the cashier station. From the Planning Department 6. A .lighting plan showing existing and proposed lighting shall be submitted to the Planning Department for review and approval. The plan shall provide ample illumination for security purposes but shall be designed so as not to produce light glare /obtrusion onto the adjacent properties or right -of -ways. 7. Prior to application for SPARC approval of the. project, a site. security program shall be developed, to incorporate the following, subject to approval of Planning and Police staff: a. The parking lot shall be posted with signs specifying "No Loitering" and "15 Minute Parking" limitations. b. A Loitering Enforcement Letter shall be executed by the property owner /business owner, and filed with the Police Department, to establish a cooperative commitment between the project proponents and Police staff in regulating loitering and public disturbances at the site. Conditions From the Fire Marshal 1. A 4A 40BC extinguisher shall be provided within 75 feet of the pump island. 2. The emergency pump shut off is to be clearly labeled. as such, and located no closer than 15 feet to the pumps and not more than 75 feet from same. 3. One :fire ,extinguisher 2a :-rated ABC dry, chemical type shall be provided for each 3 square feet of floor space. 4. The trash dumpster shall be protected by a fire sprinkler, water supply may be from domestic water system. Approval of the installation shall be obtained from the Fire Department. From the Building Division 5. 4iandieagped -p ark} ng - e,sba - e- - fflunr- o €4-- x -S'-; th4he- walkway pFO�led- thea�d}eppe$ side Handicapped parking space shall be van size; 9ft. wide plus 8ft. wide walkway on passenger side. 6. Alterations shall conform to all California Building Codes. 7. Plans submitted for building permit shall indicate if heat is to be provided, and show location of propane tank. 4 401 1 8 - - - - - -- ,lea -ef a ion }�liall- a ©n€er -ta t�� B- �e�trp�ney -r iron n �f the-�}n}for 2 bu4diag -E es - 3 4 From the Water Department 5 6 8.9. A reduced pressure backflow preventer shall be provided on water service near 7 meter, subject to approval of the Water Department. 8 9 From the Planning Department 10 11 9.14. This project shall be subject to Administrative -SPARC review, with particular 12 :emphasis on the following: 13 14 a. Additional landscaping (shrubs, street trees, etc.) at the closed driveway, and 15 along the rear and side property lines. 16 b. Elevation drawings showing proposed work to be performed, with materials 17 and colors detailed. 18 c. A lighting plan showing existing and proposed lighting of the station and 19 proposed convenience market. 20 ,d. All signs on site shall comply with all provisions of the City Sign Ordinance. 21 ;e. Trash enclosure shall comply with all City Standards. 22 f. Parking shall comply with all City Standards. 23 g. Fencing locations and design. 24 h. The ability to install street trees within the Payran. Street right -of -way. 25 26 10.41: Sales of food and drink items shall not include the sale of any alcoholic beverages. 27 28 11.42: 'On -site parking shall be provided for 7 vehicles and shall be designated and striped 29 subject to review and approval by the Planning Director. 30 31 12.1 Two trash containers (one enclosure) shall be provided on site. Location and design 32 'of the enclosure for the containers shall be subject to review and approval by the 33 Planning Director prior to the issuance of the building permit. 34 35 13.1 'There shall be no storage or sale of vehicles on the site; no outdoor auto repair; tire 36 display; no parking lot vendors. Motor oil or similar automobile products may be 37 displayed at the pump islands. They shall be contained in one (1) portable rack per 38 island. Display area shall be limited and contained to that directly outside and in 39 front of the 3 existing service bays. Goods displayed shall extend no further than 40 4'0" from the building wall. 41 42 14.45: Roof top equipment shall not be allowed without specific Administrative SPARC 43 approval. 44 45 15.1r6-. A site maintenance program for this property shall be developed and submitted for 46 staff review and approval prior to building permit issuance. This program shall 47 include provisions for installation and daily emptying of outdoor trash receptacles, 48 daily cleaning of parking lot and walkway surfaces, and daily litter collection across 49 the sites and within a 200' street frontage radius of the sites where accessible. The 50 program shall include provisions requiring monitoring of the site for graffiti, and 5.1 shall require removal of the graffiti within one day of occurrence. 52 5 402- 16.47: All signs shall conform to Zoning Ordinance Standards. No banners, pennants, balloons, portable signs, roof signs, window signs, or other temporary signs shall be permitted. 1748 -.. The telephone booth shall be permitted to remain at the present.location. I& A: This. project shall be subject to imposition of all applicable. special development fees. Fees shall be calculated and paid in accordance with the applicable City Council Resolutions. 19. This use permit may be recalled to the Planning Director at any °time . due to complaints regarding objectionable operating characteristics. At such time, conditions, of approval may be added or modified. 20.24: Any request to expand the convenience market shall be considered to be an amendment to this Use Permit. 21:22 Prior to issuance of building permits, complete plans and specifications for alf areas where food is prepared, stored, or handled and all ancillary facilities must be submitted to the Health Department for review an approval. All' food service and sales must be conducted under a valid Food Industry Health Permit. 22:2-1 The applicants /developers shall defend, indemnify, and hold harmless the City or any of its boards, commission, agents, officers; and employees from:any clairn, action or proceeding against 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 promptly notify the applicants /developers of any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith. NEW BUSINESS PUBLIC HEARING II. CAULFIELD LANE VACATION (ABANDONMENT); 1001 LAKEVILLE STREET; GENERAL PLAN CONSISTENCY. Determination of General Plan Consistency for a proposed vacation of a portion of the City right -of -way abutting the.'Shell Service Station located at the intersection of Lakeville Street and Caulfield Lane. Planning Director Pamela Tuft presented the staff report. The public hearing was opened. SPEAKERS: None. The public hearing was closed. in 403 1 A motion was made by Commissioner Stompe and seconded by Commissioner Torliatt to 2 find the proposed vacation of the subject portion of Old Caulfield Lane to be consistent 3 with the Petaluma General Plan based on the following finding: 4 5 COMMISSIONER STOMPS: Yes 6 COMMISSIONER FEIBUSCH: Ye's 7 COMMISSIONER RAHMAN: Yes 8 CHAIRPERSON THOMPSON: Absent 9 COMMISSIONER WICK: Yes 10 COMMISSIONER TORLIATT: Yes 11 COMMISSIONER vonRAESFELD: Yes 13 Findin 14. 15 1. That the proposed widening of Caulfield Lane is consistent with the ultimate 16 widening of the adjacent Lakeville Street /Highway (City Capital Improvement 17 Project), and the excess right -of -way is not of any future use to the City. 18 19 20 III. PETALUMA, MARINA PCD AMENDMENT; 735, 745, 755, 765, 775 BAYWOOD 21 DRIVE; AP NO'S 005 - 060 -053 THROUGH 058; 005- 060 -006, 060, 044; FILE NO. 22 0053(REZ09 -94) (tp). 23 24 Consideration of an Amendment to the Marina and Office Complex PCD Zoning 25 Regulations to allow fast food restaurants with drive - through facilities as 26 conditionally permitted uses. 27 28 Planning Director Pamela Tuft presented the staff report. 29 30 The public hearing was opened. 31 32 SPEAKERS: 33 34 Richard Coombs - Partner in Marina Complex; not able to have a fast food restaurant with 35 drive -tlru now (fast food without drive -thru allowed); would like option to consider a 36 drive -thru in the future; Lakeville Highway will be extended making Marina access more 37 accessible. 38 Commissioner Rahman - Is there any other area in Petaluma where a drive -thru is not 39 allowed? 40 Planning Director Tuft - No other area in Petaluma where a drive -thru could not be 41 proposed; access to Lakeville (existing) appears to be the main reason a drive -thru is now 42 prohibited at this site. 43 Commissioner Stompe - All.fast food restaurants being built now include drive -thru. 44 Commissioner Torliatt Purpose of PCD Zone is to enhance uniqueness of site; drive -thru 45 fast food restaurant is not unique; does not want to lower standards for this area; need to 46 continue holding on to original ideal; problems with drive -thru at this site; can't make 47 Finding #4 and part of #1. 48 Commissioner Rahman - Lives in this area of Petaluma: people now have to drive across 1 49 town to go to a fast food restaurant; need more food. facilities in this part of town; this 50 request is not sanctioning anything other than the opportunity to allow a proposal to be 51 presented. 52 Commissioner vonRaesfeld - Any proposal would be subject to Planning Commission and 53 SPARC approvals. 7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 The public hearing was closed. A motion.was made by Commissioner Feibusch and seconded by Commissioner Wick to recommend to the City Council approval of the proposed Amendment to the - Marina and Office Complex Planned Community District (PCD) Zoning Regulations to add fast food restaurants with drive -thru facilities as conditionally permitted uses 'on the parcels specified, subject to the following findings and conditions: COMMISSIONER STOMPS: Yes COMMISSIONER FEIBUSCH: Yes COMMISSIONER RAHMAN: Yes CHAIRPERSON THOMPSON: Absent CO1V MISSIONER WICK: Yes COMMISSIONER TORLIATI': No COMMISSIONER vonRAESFELD: Yes Findings for the PCD Amendment: The requirements of the California Environmental Quality Act have been satisfied through the previous preparation and adoption of the Environmental Impact Report for the Petaluma Marina and Office Park,,und'er Resolution No. 86 -294 N.C.S., and the Mitigated Negative Declaration adopted under Resolution No. 9.1 -365 N.C.S.; and no new environmental impacts are anticipated as a result of the current proposal. The. development proposal is in substantial harmony with the General Plan of the City of Petaluma, since it will permit. continued implementation of the Marina and Office Complex PCD Development Plan, and coordination of the :mix. of land uses established under it. The proposed Amendment is also consistent with the intent of the Thoroughfare Commercial land use designation of the' General Plan established for the project site. 3. Anticipated traffic generated by the uses proposed have been analyzed, and the City Traffic .Engineer has determined that the streets and thoroughfares serving the development (Lakeville. Highway, Baywood. Drive) are suitable and adequate to serve the project. In addition project- specific circulation studies; will be conducted with review of each fast food development proposal within the PCD area. 4. Development of the Marina and Office Complex PCD has been initiated, and approval of this Amendment will permit establishment of the planned -food service element within a reasonable 'time, through submittal of specific development plans for fast food restaurant uses. The operational characteristics of. fast food uses with drive through facilities and the proposed siting within the PCD Development are appropriate for the area. Review of specific development proposals through the Use Permit and SPARC processes, and application,of�the design and development standards established for the Marina and Office Complex PCD, will result in developments that are in harmony with the character of the 5. surrounding development. 1 Project Conditions: 2 3 1. The PCD Development Regulations shall be revised by the applicant and delivered 4 to the Planning Department within 30 days of Council approval of the proposed 5 Amendment, to reflect the following: 6 7 a. Section 4.d. under Conditional Uses shall be amended to read as follows: 8 Restaurant portable restaurants (eg., hot dog wagons), and fast food 9 restaurants, with or without drive thru facilities. Fast food restaurants with 10 drive thru components shall be permitted only on parcels 005- 060 -44, 64, and 11 71 as identified under Resolution No. 91 -365 N.C.S. 12 13 b. Section 5. Prohibited Uses shall be amended to delete section 5.0. drive 14 through restaurants. 15 16 2. All fast food proposals with drive through facilities shall be subject to project - 17 specific circulation studies, to evaluate on -site traffic impacts, at time of Conditional 18 Use Permit application. 19 20 3. The applicants/ developers shall defend, indemnify, and hold harmless the City or 21 any of its boards, commission, agents, officers, and employees from any claim, action 22 or proceeding against the City, its boards, commission, agents, officers, or employees 23 to attack, set aside, void, or annul, the approval of the project when such claim or 24 action is brought within the time period provided for in applicable State and /or 1 ,25 local statutes. The City shall promptly notify the applicantsIdevelopers of any such 26 claim, action, or proceeding. The City shall coordinate in the defense. Nothing 27 contained in this condition shall prohibit the City from participating in a defense of 28 any claim, action, or proceeding if the City bears its own attorney's fees and costs, 29 and the City defends the action in good faith. 30 31 32 ADJOURNMENT 7:40 PM. 33 34 35 36 37 min0328 / plan59 E