HomeMy WebLinkAboutMinutes 10/10/19951
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City Of Petaluma
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-Planning Commission Minutes
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REGULAR MEETING OCTOBER 10, 1995
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CITY COUNCIL CHAMBERS 7 :00; P.M. .
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CITY HALL PETALUMA,_CA,
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PLEDGE OF ALLEGIANCE.
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ROLL CALL: Feibusch, Rahman*, Barlas (arrived at 7:15PM), Thompson, Torliatt,
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vonRaesfeld, Wick
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STAFF: Pamela Tuft, Planning Director
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James McCann, Principal Planner
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Kurt Yeiter, Principal `Planner
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* Chairman
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APPROVAL OF MINUTES: Minutes of Special Meeting of September 20, 1995 were
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zpptoVed.asi corrected.
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PUBLIC COMMENT: None.
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DIRECTOWS REPORT: Pamela 'Tuft announced Kurt Yeiter's resignation : Planning
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Director will assume responsibility for the River Plan - call "her "fot distribution of
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other projects.
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COMMISSIONER'S REPORT',. APA Conference - Commissioners Torliatt and
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Rahman, thanked Council for setting aside money - great learning experience.
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CORRESPONDENCE: McCutheson Update (legal bulletin).
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APPEAL, STATEMENT: Was read.
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LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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CONTINUED BUSINESS
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L WASTEWATER FACILITIES PROJECT AND LONG RANGE
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MANAGEMENT PROGRAM.
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Continued to a Special Planning Commission meeting of Wednesday, October 11,
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1995.
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NEW BUSINESS
M CITY OF PETALUMA; PETALUMA RIVER ACCESS AND
ENHANCEMENT PLAN (FILE WRK91034(ky).
7 Introduction and overview. (Depending on. timing, some public input may be
8 allowed, but more formal hearings'will begin on November 14, 1995).
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10 Councilwoman Hamilton Spoke regarding extensive public involvement to develop the
11 River Access and Enhancement Plan; all members of Citizens Advisory Group worked
12 very hard; some parts are controversial, consensus was reached on most areas.
13 John Roberts - Consultant hired by City to develop plan; City Planning staff is excellent;
14 advisory" , group worked very hard; presented an extensive slide presentation of the
15 Petaluma River and concepts in the Plan.
16 Commissioner Rahman - Procedural questions regarding public hearing timelines.
17 Commissioner Feibusch - Questions regarding'dredging by Federal Government.
18 Principal Planner Yeiter - Commercial activity helps pull in federal funds for dredging -
19 several scenarios to help fund additional dredging if necessary; bank stabilization and bank
20 failure mitigation ;is very important part of proposed plan.
21 Commissioner Wick - Re: land use. decision in Oregon -- Dolan decision= how does this
22 affect these types o - improvements?
23 Principal Planner Yeiter - Plan relies on new development to implement improvements,
24 very long term view, when uses, want riverfront access /enhancement, that's when
25 improvements will be. required; the 'issues raised by the Dolan decision must be addressed
26 as part of future land use actions 'in terms of well conceived findings.
27 Commissioner Wick, What - about economic incentives to implement improvements?
.28 Principal Planner Yeiter Outside.acquisition funds will be necessary.
29 Commissioner Torliatt - Thanked Kurt for time at all public meetings - excellent
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31 Principal Planner Yeiter - Public, is to thank, all volunteers, etc.
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33 The public hearing was continued to the Planning Commission meeting of November 14,
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37 PUBLIC HEARINGS
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39 M. OIL CHANGERS; 5308 OLD REDWOOD HIGHWAY; AP NO. 137 -011-
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42 Consideration of a Mitigated" Negative Declaration and a Conditional. Use Permit
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46' Principal Planner McCann presented the staff report.
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48 The public hearing was opened.
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50 SPEAKERS:
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52 Commissioner Feibusch - Questions regarding on -site circulation.
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1 Commissioner -Thompson Were tenants of shopping center noticed ?' (yes); any
2 complaints `received 'by City - regarding parking?
3 Planning Director Tuft - Has received complaints regarding parking difficulties at center
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5 Jerry Schwartz - Jerome's BBQ Not here to complain about Oil Changers - a ;great idea;
6 the pad for proposed :building is: - ridiculous; ; has lost many customers because of lack of
7 parking;, parking is wild; there are; too many eating, establishments in this center for the
8 number of parking spaces, the restaurants have similar peak parking demands; people
9 shopping at a hardware store do not buy food; at least half of the proposed, pad should. be
10 for parking not more retail; corporate world should not get what they want in Petaluma.
11 Commissioner Wick - Noted that per the :approved CUP, the proposed square footage is
12 less than it could. be.
13 Planning Director Tuft - 1989 Use Permit, for this shopping center set forth number of
14 parking spaces required; pad for retail use has been approved; property owner has chosen
15 to- reduce.square footage allowed.
16 Seth Bland - 4086 :Old Stanley Blvd., Pleasanton - Applicant (Oil Changer) representative
17 staff report ,thorough and complete; two ;concerns - 1) hours of operation are a little
18 restrictive; 2) concerns with yearly Use.Permit review. .
19 Planning Director Tufft When applicant'indicates proposed hours of operation, those are
20 added as a condition, can request a modification to hours of operation through an
21 Amended. Use Permit (administrative action) one year review requirement, is because of
22 nature ofbusiness with potential I toxic. waste, disposal,
is i hom son — Concerns regarding parking with more retail uses:
24 Planning, Director Tuft - Recommends separating, P p the wo.;issues of Oil Changers: and
25 future retail development; parking analysis /research can be done prior to SP AR C'approval
26 for the retail building; .the formula that was developed from traffic''study in 1989 may have:
27 resulted from -the use of 'a different set of assumptions :regarding ;land uses than actually'
28 exist, at the center today. If the. assumed composition 'of uses is markedly different from
29 what.exists, there may be a needto reevaluate the parking ratio /requirement,)
30 Commissioner Torliatt If "credit" for parking'is not given to this project (for the parking
31 on the Oil Changer site), parking requirements will not, be met. * If so we could ,deny this
32 Use Permit.
33 Commissioner Feibusch From my experience (works in, the shopping. center), parking
34 problem. only exists 'at„ noon.
35 Commissioner- Rahman - Has not noticed a par -king problem when :she has been at the
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37 Planning Director Tuft - If there is a concern with parking, Commission can direct staff to
38' reevaluate traffic requirements.
39 Commissioner Rahman :. Does not think `that this: use will impact, parking. at this center ;:
40 people should use these facilities because of proper oil disposal . procedures.
41 Commissioner Barlas - In favor of approving this .use permit and having: staff review
42' previously prepared traffic study- prior to,I'SPARC approval of new retail building.
43 Commissioner Thompson - ' Traffic study should be undertaken prior to this use permit
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45 Commissioner Torliatt - Feels :parking will get worse, traffic study: should be looked at
46 first/more discussion is necessary.
47 Commission_ er Wick Certain parking assumptions were made in 1989,, these should be
48 reevaluated and confirmed as being valid prior to this; use permit approval; if we: approve a
49 Negative Declaration on• this project tonight, we may be preventing further 'traffic
50 requirements/.restrictions..
51 Planning ,Director Tuft - We could do an in -house traffic review very quickly and come
52 back to the'Commission on October 24.
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54 The public hearing was closed.
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After discussion, the consensus lof the. Commission was that the proposal does not present
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significant parking demand and should not be delayed. Commissioners recommended that
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an.Initial'Study be prepared for the retail building with emphasis on the proposal's parking
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and circulation impacts prior to SPARC approval.
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A motion was made by Commissioner vonRaesfeld and seconded by Commissioner
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Feibusch to adopt a Mitigated Negative Declaration and approve a Conditional Use Permit
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for construction and operation of a facility not to exceed a 1,650 sq.ft. two -bay Oil
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Changer building at 5308 Old Redwood Highway, based on the findings and subject to the
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amended conditions listed below:
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COMMISSIONER BARLAS: Yes
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COMMISSIONER FEIBUSCH: Yes
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COMMISSIONER TORLIATT: Yes
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COMMISSIONER WICK: Yes
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COMMISSIONER THOMPSON:-Yes
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COMMISSIONER vonRAESFELD.: Yes
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CHAIRPERSON RAHMAN: Yes
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Findin s� for Approval of `a Mitigated 'Negative Declaration of Environmental Impact
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1. An Initial Study has been ;p* - rep and proper notice "provided in accordance with
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CEQA and local guidelines.
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2.. Based upon the,Initial Study .and any comments received, potential impacts could
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be avoided or reduced to a level of ifisignficance by mitigation measures attached
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as conditions of approval. There is no substantial evidence that the project, as
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conditioned, Would have a significant effect on the environment.
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3. The project does not have potential to affect wildlife. resources as defined in the
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Fish and Game code, either individually or cumulatively and: is exempt from Fish
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and 'Game filing fees because no significant wildlife resources .have been identified
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on the project site.
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4. The project is not located on a site listed on any Hazardous Waste Site List
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core pled by the,,State pursuant to Section 65962.5 of the Government Code.
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5. The ,record of proceedings of the decision on the project is available for public
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review at the Cityof Petaluma, Planning Department, City Hall, 11 English Street,_
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Petaluma, California.
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Findin sg for Approval of the Conditional Use, Permit
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1. The proposed project, -as conditionally approved, will conform-to the requirements
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an intent of the Petaluma Zoning Ordinance, specifically:. the project provides
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parking: and' setbacks in conformance with Zoning Standards.
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49 2. The project is consistent with and further promotes the objectives, goals, and
50 policies of the Plan, specifically: the improvements required will not
51 - impede the traffic flow in the area or in the adjacent shopping center; the project
52 will provide a needed service to residents and visitors; the project will, by virtue of
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1 ..conditions of approval,, be designed to be compatible with Petaluma North
2 Gateway (Old Redwood Highway) commercial
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4 3. The proposed project, with provisions for the treatment of any site, development
5 and restrictions on waste containment, storage and disposal; vehicle, circulation and
6 parking, :lighting, outdoor storage and, display, and signs, will not. constitute a
7 nuisance or be detrimental to the public welfare: of the community inasmuch as:
8 waste containment, storage, and disposal; vehicle circulation and parking, fighting,
9 outdoor storage and display, signs,, and other visually offensive activities or
10 practices are :regulated "through project approval.
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12 Mitigation Measures
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14 From the Planning Department
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16 1. All construction shall comply with Zoning, Ordinance Article 16 (Floodw". and
17 Ploodplain Districts). An elevation certificate , shall be. provided for both buildings
18 at time�of'building permit submittal.
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20 2. Due.'to the location of the business in. a Flood Plain Combining District:
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22 a. The site shall be maintained on a daily basis to .ensure that an accumulation
23 of trash, litter or debris does mit oes not occur on -site. A litter control plan shall
24 accompany the building per submittal. A trash "enclosure shall be
25 provided, with all trash bins and/or garbage cans fully screened.
26 b. There be no, open storage. of waste oil; equipment, materials, trash,
27 litter or packaging. `No fixed, portable or movable - display racks` shall be
28 permmtted' anywhere.at any�time�on't he exterior grounds.
29 C. The lifts for the_ oil/lube bays shall be located above ground;.subterranean
30 pits shall not be permitted.
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32 3. This Conditional. Use Permit shall be subject to` an annual, review by the Planning
33 Director; Fire Marshal; Engineer Director and Wheelabrator EOS (wastewater
34 treatment provider) to insure compliance with all conditions of approval. as relates
35 to disposal of all liquids, site drainage courses, and City code- requirements.
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37 4. Parking shall be maintained on site per the requirement that both slopping. centers
38 maintain a total of 305 parking spaces. At no time shall 'the, parcel, ",containing the
39 Oil Changer facility -and the retail building provide; less than 'the currently existing
40 70 parking spaces. Credit is hereby gi`v'en for the 2, spaces in the 2 oilAube bays,
41 and 4 spaces ; in the queuing area. Such credit= allows the center to achieve the
42 ; required 3,05 spaces. Parking spaces removed for purposes of building location
43 shall be .replaced somewhere, on - site: It is acknowledged that there exists cross-
44 over parking', easements between. the parcels in Redwood Plaza Shopping. Center;
45 these' easements :shall bei retained in perpetuity for thet life of the center:
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4.7 5.. -phis project's Site plan, landscape plans and, architectural plans shall be subject to
48 review'by SPARC. in their review, SPARE shall note that the project is located in
49 the Redwood Plaza Shopping Center, for which architectural concepts were
.50 adopted requiring; -design compatibility, with Country West; Shopping Center.
51 Building design should reflect a. .Mediterranean design, with ,stucco and tile
52 materials, and combinations of parapets, gables and' mansard, roof elements.
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SPARC, shall place emphasis on achieving greater design interest'than reflected on
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the preliminary plans in regard ito :: (1) glazing, (2). planters (south and west
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elevations), (3) relief detail on all elevations, and (4) lighting.
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From the Fire Marshal
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Provide fire extinguisher, 4A -40BC rated dry chemical type.
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Post address at or near main entry door - minimum four (4) inch letters on
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contrasting background.
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Use of extension cords in lieu of permanent wiring is prohibited.
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Provide metal or flame retardant plastic waste cans.
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Provide absorbent material for containment of'spills. Proper tools and container for
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handling spills shall be provided and available for employees' use.
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Provide KNOX box for fire .department access on the building. Application for
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the box can be obtained from ,the Fire Marshal's office. Box location shall be
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approved by the Fire Marshal.
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Provide a sign over main aexit stating "This door is to remain unlocked during
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business hours". Letters'shall not be less than 1 inch high on contrasting
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background.
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Locking devices on exit doors, shall conform to the Building Code.. Only one lock
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or latch requiring one motion/operation to open/unlock is required. No double
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keyed dead -bolts are peinutted on exit doors:
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Businesses storing hazardous materials in amounts which require submittal of a
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Hazardous Materials Management.Plan to the Petaluma -Fire Department, shall
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have all documents submitted, approved and storage permit, issued by the Fire
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Marshal's office, prior to Certificate of Occupancy approval.
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All contractors shall have a .City business license and a worker's compensation
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certificate on file inthe Fire Marshal's office, listing the City as certificate holder.
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Conditional Use Permit Conditions
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From the Planning Department
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43 1. Except as hereby amended, all conditions of approval of the .6/27/89 CUP, and the.
44 12/7189 -SPA_ RC _shall be in full force for. the development and operation of this
45 facility.
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47 2. Permitted operating hours shall be Monday through Friday /8AM to 7:30PM,
48 Saturday /8AM to 7PM, Sunday /LOAM to 5PM. Hours of operation may
49 potentially be changed through Administrative Use Permit amendment.
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51 3. The .Redwood Plaza Sign Program shall be amended to reflect the reduction of
52 total square footage in the shopping center (this proposal is for 6,174 sq.ft. in two
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42 . From the Water Department
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44 18. 'The water meter(s) and detector fire check valve if required, shall; be located on
45 Old Redwood Highway in a planter area behind' .the sidewalk. :'Run new water
46 service lateral(s) as needed.
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48 Standard_ Conditional Use Permit conditions
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buildings, the sign program was ;approved for one 10,989 sq..ft. 'building which
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would contain eight; lease spaces). Amended ,calculations shall be. submitted to the
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Planning Department within 30 days'of'tlis approval,, with approval given 'for the
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amendment granted before building permit _submittals may .be approved by the
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Planning Department.
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No vehicles may be stored on the site at any time.
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Clearance from the Sonoma County Health Department shall _' be, obtained and, a.
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copy sent to the. Petaluma Planning Department before a Certificate of Occupancy
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may be approved by "the Planning Department.
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From the Chief Building Official
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Certify pad elevations before building slab on grade is poured.
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Soils with expansion index greater than 20 requires special design foundation per
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Uniform Building Code 2904(b).
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Show site drainage, and grading top_ ography.
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Indicate all utilities on site plan.
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Responsible party to sign plans.
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Submit soils report to verify foundation design.
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Indicate.group occupancy, type of construction, square footage:
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Plans;,must show compliance to 1991 UBC, UPC UMC, and 1990' NEC. Plans
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must also show compliance to current Title ,24' Energy`Code.
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Provide structural calculations - for all non - conventional design items.
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Label all rooms.
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Plans shall show compliance , the building codes in force at time, of submittal:
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After January 1, 1996 the 1'994 Building Codes will be'in effect.
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Handicapped = access and compliance must be shown with energy compliance.
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42 . From the Water Department
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44 18. 'The water meter(s) and detector fire check valve if required, shall; be located on
45 Old Redwood Highway in a planter area behind' .the sidewalk. :'Run new water
46 service lateral(s) as needed.
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48 Standard_ Conditional Use Permit conditions
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1 19. This use permit may be recalled to. the Planning Commission for review at any time
2 due to 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/modfy conditions of
5 approval.
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7 20. Construction activities shall comply with applicable Zoning Ordinance and
8 Municipal Code Performance Standards (noise, dust, odor, etc.).
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10 21. At no time''shall future business activities exceed Performance: Standards specified
11 1n the Uniform Building Code, Section 22 -301 of the Petaluma Zoning Ordinance,
12 and the 1987 General Plan.
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IV. CITY °OF PETALT ,MA, ZONING ORDINANCE AMENDMENT.
The applicants/developers shall defend, indemnify, and hold harmless the City or
`any of its boards, commission, agents, officers, 'and employees from any claim,
- action or proceeding 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.
29 Consideration of a city sponsored' amendment to Section 20 -205 of the Parking
30 Standards of the Zoning Ordinance to increase the allowed distance for off -site
31 parking from 300 feet to 600..feet. This proposal is exempt from the requirements
32 of CEQA.
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Principal Planner James McCann presented the staff report / offered an amendment to
proposed language to clarify.
The public hearing was opened:
SPEAKERS:
Fred Schram - property owner near Kodiak Jack's - if this is approved, theoretically
customers could come and , park on (his) prwate,property, is that right?
Planning Director Tuft .Clarified parking questions (without permission to park on
private property, owner can have trespassing towed with proper notification).
The public hearing'was closed.
48 A motion_ was made by Commissioner Wick and seconded by Commissioner Feibusch to
49 find the proposed (corrected) amendment to the Zoning Ordinance to be exempt from the
50 requirements of CEQA and to recommend to the City Council approval of the amendment
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53 COMMISSIONER BARLAS: Yes
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1 CON*&SSIONER,FEMUSCI=I Yes
2 COMMISSIONER TORLIATT: Yes
3 COMMISS'IONER'WICK: 'Yes
4 COMMISSIONER THO Yes,
5 COMMISSIONER'vonRAESFELD: Yes
6 CHAIRPERSON RAHMAM Yes
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8 Section 20-205 Alternatives to On -Site Parkins The requirements ofahis section
9 shall' be, considered satisfied 'if the ; required parking is ,provided within tlxee ,up to
10 six hundred (399.600) feet from the, site of the use being served, such `distance
1 being measured along the shortest available route of pedestrian access to the
12 primary building entrance. ,The: determination of the distance to be permitted (0-
13 600) shall be' made by the .Planning Director on a case -by -case basis. T,he.
14 Planning Director shall consider the following in'.making the determination.: type
15 of use being served; ease of pedestrian access from the off -site location to the site
16 being served; characteristics of 'the off -site parking facility(s),., potential adverse
17 effects that reduced on -site parking may present to the immediate area;,, term of
18 off -site rental /lease arrangements. This alternative does .not apply to residential
19 parking.
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22 V. PROJECT STATUS;;
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24 1. NESSCO Landscaping, - has received an 'improved :landscape , plan,, still a
25 'few questions for applicant; is in compliance with, other conditions; Mr.
26 Trees trucks a part of the original CUP approval.
27 2. Petaluma Queen - 4 issues dismissed by court in favor` of City; _others being
28 discussed by attorneys - issues still: undecided include: floating. commissary.
29 1 Magnolia- Terrace - applicant is rethinking his options will probably ask for
30 another continuance.
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33 ADJOURNMENT At 9:45 PM and continued ito 'the' Special 'Planning Commission
34 meeting of October 11, 1995. -
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37 min1010 / plan63
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