HomeMy WebLinkAboutPlanning Commission Minutes 06/13/1995447
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2 City Of Petaluma.
3 Planning Commission Minutes
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5 REGULAR MEETING June 13, 1995
6 CITY COUNCIL CHAMBERS 7:00 P.M.
7 CITY HALL PETALUMA, CA
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9 PLEDGE OF ALLEGIANCE.
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11 ROLL CALL: Present: Feibusch, Rahman, Thompson *, vonRaesfeld, Wick
12 Absent. ; Stompe, Torliatt
(0.3
M4 STAFF: Jim McCann, Principal Planner
CO5 Hans Grunt, Assistant Planner
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7 Chairman
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2o APPROVAL OF MINUTES of May 25, 1995 were approved as printed.
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23 PUBLIC COMMENT: (15 minutes maximum).
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25 The Commission will hear public comments only on matters over which they have
26 jurisdiction. There will be no Commission discussion or action. The chairman will allot no
27 more than five minutes to any individual. If more than three persons wish to speak, their
28 time will Abe allotted so that the total amount of time allocated to this agenda item will be
29 15 minutes.
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31 DIRECTOR'S REPORT: None
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33 COMMISSIONER'S REPORT: None
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35 CORRESPONDENCE: None
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37 APPEAL' STATEMENT: As noted on agenda.
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39 LEGAL RECOURSE STATEMENT: As noted on agenda.
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41 OLD BUSINESS CONTINUED /PUBLIC HEARING
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43 1. MAXWELL SUBDIVISION; CHARLES AND PAULINE MAXWELL; "D"
44 STREET; AP NO. 019-120-045 AND 046; (hg)
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46 Continued consideration and recommendation to the City Council on the adequacy
47 of; a Mitigated Negative' Declaration and a rezoning from the Planned Unit
48 Development (PUD) District to PUD, a PUD Development Plan and Design
49 Guidelines, and a Tentative Subdivision Map to divide the 19.6 acre site into
50 fourteen residential lots.
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52 Assistant Planner Hans Grunt presented the staff report.
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54 The public hearing was open.
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1 SPEAKERS:
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3 Principal Planner James McC'ann - Explained requirements of CEQA and noted that
4 applicant is not in agreement with recommended mitigation measures. He commented that
5 if mitigation measures are not agreed to, then adoption of a Negative Declaration is not
6 possible and an EIR must be prepared; he read relevant sections from the .local CEQA
7 Guidelines.
8 Commissioner vonRaesfeld - 'Raised questions regarding areawide circulation needs;
9 shouldn'-t look at this site in isolation -
10 Bonnie. Diefendorf - Project. Engineer - raised concern with numerous recormended
11 conditions' and mitigation measures including: the establishment of a Landscape
12 Assessment District (LAD) for maintenance of public and private landscaping and
13 hydrologic capacity of Kelly Creek; dedication of land for a pedestrian pathway; installation
14 of street lights on private road; construction of pedestrian path within D Street right -of -way
15 (will require costly construction of retaining walls - $50,000 + / -); requirement to obtain an
16 easement and construct an emergency access connection to Suncrest Terrace; open space
17 (easement) requirement is extreme - 44% of property would be encumbered; uses allowed
18 in open space (easement) too restrictive; easement for water line over proposed Lot 14 and
19 remainder lands; restriction on building height 24' versus 26 also discussed development
20 potential of site and noted that up to 39 homes could be constructed under the land use
21 designation but only 14 are allowed through the PUD (annexation) zoning - a substantial
22 reduction already; no need for further reduction and /or encumbrances.
23 Commissioner Thompson - What is the purpose of ,the proposed easement for the. water
24 line over Lot 14 and the remaining lands? to accommodate new growth (outside of Urban
25 Limit Line)?
26 Commissioner Wick - How much grading is necessary to establish the private road?
27 Bonnie Diefendorf - Road grading reflected on preliminary grading plan.
28 Mr. Maxwell - property owner and applicant I'm not a developer; described development
29 intent;. "remainder" not a part of proposal; removal of significant trees 'would be necessary
30 to establish waterline in remainder area; not opposed in general to granting an easement
3.1 should be compensated (reimbursed); opposed to emergency connection to adjacent
32 property; opposed to open space easement; should expand uses in open space easement or
33 dust limit development uses; opposed to use of private land as park and public access.
34 John Fitzgerald - Resident on Suncrest Terrace - Spoke in favor of application and
35 applicants arguments; opposed to establishment of pedestrian easement over the creek;
36 agrees that LAD :requirement is too broad let homeowners care for plants; supports no
37 street lights (private street); sidewalk on D Street is unnecessary; fire connection to
38 Suncrest Terrace not desired; water easement - reimburse ?; foxes live in the area; suggests
39 open wire fencing; suggest enlarging building envelopes.
40 Carol Fullerton - Owner of adjacent Sunnyslop'e Avenue property - pedestrian path on D
41 Street not appropriate because the traffic is too fast and destinations are too far for
42 pedestrians.
43 Principal Planner McCann - Responds to public comments, noted that he had met with
44 Mrs. Diefendorf to discuss concerns with mitigation measures /conditions and thought that
45 an understanding had been reached regarding; the Fire Department recommendation
46 (access easement and connection); street lights on the private road; sidewalk construction
47 (off- site) street tree planting; intent of open space easement and uses allowed. within
48 easement etc. Explained intent: not necessary 'to obtain an easement from Suncrest
49 Terrace property owner(s) - only to privid.e easement along easterly property line; street
50 lights on private road not required - but if proposed, must be of lower height and intensity;
51 pedestrian pathway within creek not I required (by recommended conditions) to be
52 dedicated in fee but to be established by an easement over private property; off -site
53 "sidewalk" on D Street. to be asphalt path within existing right -of -way and utilizing existin
54 improvements substantial improvements, i.e., retaining walls not anticipated; uses within
55 open space easement could be expanded.
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1 Traffic Engineer Tilton - Respond to sidewalk and water easement questions.
2 Commissioner Wick - Opposed to establishment of an easement for water services outside
3 of Urban Limit Line (ULL); intended to keep services within City -major ramifications to
4 consider with extension of services into County; what kind of uses allowed in the open
5 space easement? allow uses, i.e., agricultural uses, grapes, grazing, appropriate
6 sized /designed accessory buildings, etc.
7 Commissioner vonRaesfeld - Suggest alternate to open space easement - larger setbacks
8 from County land and D Street.
9 Principal Planner McCann - responded to Commission comments and questions; suggest
10 modification of Engineering Condition 1 regarding the extension of the water easement to
11 keep ther,easement within the ULL only.
12 Commissioner Rahman - concerns that intent of conditions not clearto applicant; LAD is
(Q3 appropriate for landscaping within public property, not on private property; emergenccyy
4 access easement on this site is wise but not appropriate to require applicant to obtain off -
M5 site easement.
6 Commissioner vonRaesfeld - Concerns with design of subdivision; homes on ridge
�i 7 inappropriate; houses should "front" to D Street, not present a rear elevation to the
8 roadway reference early phases of Country Club Estates as poor hillside design which
9 resulted in many rear elevations, decks, rear yards, etc. visible to public roads.
o Commissioner Wick - I agree with Commissioner vonRaesfeld many good reasons to deny
21 this project; this site is an important transition to the rural county area - must be designed
22 accordingly - present plan is not; four important constraints that the plan must
23 acknowledge: D Street frontage /visibility; "bowl" condition; the "plateau" area - Lots 12 and
24 14); and the plateau area at eastern portion of the site; design approach proposed is wrong
25 - should: take homes off of ridge and cluster more in bowl or eastern plateau; more design
26 thought'is needed; need to work with other properties in area regarding circulation; agrees
27 with restricting uses on property and establishment of open space easement or other
28 mechanism, i.e., tighter PUD Guidelines and CC &R's to protect site.
29 Commissioner Thompson (to Bonnie Diefendorf) - are you willing to redesign to address
30 Commissioner's comments?
31 Principah Planner McCann - Suggest continuance to allow applicant to consider points and
32 to explore redesign options.
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34 The public hearing was continued to July 13, 1995.
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36 A motion was made by Commissioner Feibusch and seconded by Commissioner Wick to
37 continue this request to the Planning Commission meeting of July 13 at which time
38 preliminary design options should be presented for discussion.
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41 NEW BUSINESS /PUBLIC HEARING:
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43 II. SUZANNE'S DANCE STUDIO; SUZANNE MADDOX; 532 SOUTH MCDOWELL
44 BLVD.; APN 007 - 294 -022; (th)
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46 Consideration of a request for approval of a Conditional Use Permit to authorize
47 the establishment of a dance school in the former church site at 532 South
48 McDowell Blvd.
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50 Principal! Planner James McCann presented the staff report.
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52 The public hearing was open.
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54 SPEAKERS:
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1 Suzanne Maddox. applicant - Noted her agreement with conditions; requested to allow
2 Saturday morning (10AM - noon) classes.
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4 DISCUSSION:
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6 Neighbor across Lindberg Lane, spoke with concerns regarding noise impacts.
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8 The public hearing was closed.
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10 A motion was made by Commissioner Rahman and seconded by Commissioner F?eibusch
11 to adopt a finding of exemption from additional environmental review, and approve a
12 Conditional Use Permit for the operation of a ,dance school at 532 South McDowell Blvd.
13 based on the following findings and .subject to the following conditions:.
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15 COMMISSIONER STOMPE: Absent
16 COMMISSIONER FEIBUSCH: Yes
17 COMMISSIONER RAHMAN: Yes
18 CHAIRPERSON THOMPSON: Yes
19 COMMISSIONER WICK: Yes
20 COMMISSIONER TORLIATT: Absent
21 COMMISSIONER vonRAESFELD: Yes
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23 Findings:
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25 1. This project is categorically exempt under CEQA Section 15303 which exempts the
26 conversion, of existing small structures from one use to another where only .minor
27 modifications are made.
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29 2. The proposed dance rschool, as conditioned, will conform to the requirements and
30 intent of the Petaluma Zoning Ordnance which permits uses of an educational,
31 religious, cultural or public nature.
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33 3. The proposed dance.school, as conditioned, will conform to the requirements and
34 intent, goals and policies of the Petaluma General Plan by bolstering recreational,
35 educational and cultural opportunities.
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37 4. The proposed dance school, as conditioned to limit the hours of operation and the
38 staggered class sizes and times will not constitute a nuisance or be detrimental to
39 the welfare of the community.
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41 Conditions of Approval
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43 1. As herein approved, the Conditional Use Permit is for a dance school at 532 South
44 McDowell Blvd. with one full time instructor and up to :six part time instructors. No
45 more than 36 students will be permitted on site at one time. Class times will be
46 staggered with no more than three classes held at any one time. Hours of operation
47 will be from 3:00 PM to 7 :30 PM, Monday through Friday, and Saturday 10:0 AM to
48 Noon. Special events may occur on an infrequent basis at alternate hours. Any
49 expansion of class size, number of classes or change of hours; of operation shall be
50 submitted for review to the Planning Director for consideration of an amendment to
51 this Conditional Use Permit.
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53 2. All requirements of the Planning Department shall be met, including:
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1 a. A landscaping plan indicating the names and placement of all plant material
2 shall be submitted for staff approval prior to the operation of the facility. All
3 approved landscaping and irrigation shall be installed within 45 days of
4 occupancy and operation of the facility, subject to staff review and approval.
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6 b., To ensure that the color of the building does not present a visual nuisance in
7 relation to the surrounding structures a color sample will be submitted for
8 staff review and approval and the building painted prior to commencement
9 of business.
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11 3. All requirements of the Fire Marshal shall be met, including:
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(a 3 a:- - - - - --
M4 sprink4er-s- wi11-b &+egtr4ed -i€ -not already=- preseiit:
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6 a.N If the occupancy is an A -3 (assembly), it must conform to the
7 conditions /requirements of the building and fire codes.
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9 b. c-. Provide a minimum of two "2A -10BC" type fire extinguishers. Travel
4 0 distance not to exceed 75 feet to obtain an extinguisher. If distance is
21 exceeded, additional extinguishers may be required.
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23 c. d: Post address at or near main entry door - minimum four (4) inch letters.
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25 d. e. A "public assembly permit" will be required from the Fire Department, if
26 occupancy is A -3.
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28 e.fi Provide KNOX box for key control located on building as required by the
29 Fire Marshal.
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31 f g All curtains, drapes, hangings and other decorative material shall be of flame
32 retardant material or treated with an approved fire retardant chemical by a
33 licensed State Fire Marshal applicator.
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35 g. N Exiting, exit ways, exit doors shall conform to the 1991 Uniform Fire Code
36 and Building Code.
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38 3. All requirements of the Chief Building Official shall be met, including:
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40 a.,, Label all rooms.
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42 ba Dimension all rooms.
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44 c. If the occupancy load per the Building Code upstairs exceeds more than 10
45 persons, then 2 exits are required.
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47 d., Walls within 20 feet of property line must be one -hour fire rated.
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49 Standard Conditions
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51 4. Signs shown on plan are not approved as part of this project. Sign permits must be
52 obtained through the Building Division, and be designed to conform with the
53 Zoning Ordinance to staff satisfaction.
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1 5. This use permit may be recalled to the Planning Commission for review at any time
2 due to complaints, regarding lack of compliance with conditions of approval, traffic
3 congestion, noise generation, or other adverse operating characteristics. At such
4 time, the Commission may revoke the use permit or add /modify conditions of
5 approval.
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7 6. All trees shall be a minimum fifteen gallon size (i.e. trunk diameter of at least 3/4
8 inch measured one foot above the ground) unless otherwise specified (e.g.: 24" box
9 or specimen size) and double staked; all shrubs shall be - five gallon size. All
10 landscaped areas not improved with lawn shall be protected with a two -inch deep
11 bark mulch as a temporary measure until the ground cover is established.
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13 7. All plant material shall be. served by a City approved automatic underground
14 irrigation system.
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16 8. All planting shall be maintained in good growing condition: Such maintenance shall
17 include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash,
18 fertilizing and regular watering. Whenever necessary, planting shall be replaced
19 with other plant materials to insure continued compliance with applicable
20 landscaping requirements. Required irrigation systems shall be fully maintained in
21 sound operating condition with heads periodically cleaned and replaced when
22 missing to insure continued regular watering of landscape areas, and health and
23 vitality of landscape materials.
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25 9. The applicants /developers shall defend, indemnify, and .hold harmless the City or
26 any of its boards, commission, agents, .officers, and employees from any claim, action
27 or proceeding against the City, its boards, commission, agents, officers, or employees
28 to attack, set aside, void, or annul, the approval of the project when such claim or
29 action is brought within the time period provided for in applicable State and /or
30 local statutes. The City shall promptly notify the applicants /developers of -any such
31 claim, action, or proceeding. The City shall coordinate in the defense. Nothing
32 contained in this condition shall prohibit the City from participating in a defense of
33 any claim, action, or proceeding if the City bears its own attorney's fees and costs,
34 and the City defends the action in good faith.
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36
37 IV. PROJECT STATUS: Update given by staff regarding:
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39 - Mill Station (Schram)
40 - Willow Glen
41 - McNear Landing
42 - ABC Legislation
43 - Bank Shot Billiards
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46 ADJOURNMENT: 10:35 P.M.
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49 . min0613 / plan -fml
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