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Minutes 03/10/1992
C1tIT Of Petal m" I Planning Commission Minutes REGULAR MEETING CITY COUNCIL CHAMBERS CITY HALL March 10, 1992 7:00 P.M. PETALUMA, CA COMMISSIONERS: PRESENT: Bennett, Libarle *, Nelson, Parkerson, Rahman, Tarr, Thompson ABSENT; STAFF: Pamela Tuft, Planning Director James McCann, Principal Planner Teryl Phillips, Associate Planner Dede Dolan Assistant Planner Jane Thomson, Sr. Planning Technician * Chairman MINUTES OF February 25, 1992 were approved with corrections to pages 6,7 and 11. PUBLIC COMMENT: None. DIRECTOR'S REPORT: None. COMMISSIONER'S REPORT: None. CORRESPONDENCE: Letter from applicant Cooper requesting a continuance of project at 46 Graylawn; Letter from Lawrence Rau (applicant, Captain Larry's Electric Ferry) commenting on staff report; memo from staff regarding Crane Glen. APPEAL STATEMENT: Was read. LEGAL RECOURSE STATEMENT: Was noted on agenda. OLD BUSINESS I. CRANE GLEN, 1171 ELY ROAD, AP NO. 136 - 120 -24, FILE NO'S REZ91016, CUP91042, TSM91012(dd). 1 96 City of Petaluma Planning Commission Minutes 3/10/92 1. Continued consideration of an Initial Study and proposed Mitigated Negative Declaration. 2. Continued consideration of rezoning from PCD to PUD. 3. Continued consideration of Unit. Development Plan. 4. Continued consideration of Subdivision Ordinance Modification to allow three units to access off a single driveway. 5. Continued consideration of a Tentative Map for 22 detached single- family dwellings. (Item continued from February 25, 1992.) This public hearing was closed at the Planning. Commission meeting of February 25, 1992, and was reopened to allow information /discussion by arborist. DeDe Dolan presented the updated staff report. Commissioner Nelson - Where will on- street parking be available with redesign? Commissioner Libarle How will deed restrictions for tree preservation be enforced by the City? Commissioner Bennett - What does Corona /Ely Specific Plan say regarding the Monterey Pines? DeDe Dolan - .Read from Specific Plan - trees should be protected .and emphasized as feature within project. Commissioner Thompson - Will there be a way to reach any of the transit stops through the soundwall? DeDe Dolan - This has been discussed with Engineering Department - it is not feasible. John Meserve -- HTA, Arborist - Presented tree survey - voiced concerns regarding Monterey Pines in original report; trees are very fast growing, have bark beetle infestation among other problems; not native to site; trees are stressed with very narrow trunks, unable to bend with wind; when some trees are removed others will begin to blow over. Commissioner Rahman - Can anything be done to stop the beetle infestation? John Meserve - Possible to reduce some stress and save some trees that may not be too infested. Commissioner Parkerson - Report states that no pests or diseases are present; redesign to maintain a portion of the grove. John Meserve - all trees are susceptible due to presence of some pests in some trees; beetles can move through grove in 3 -5 years. Commissioner Bennett - Through management of grove, will some trees be able to be saved? John Meserve - Yes, probably;. should focus on saving oaks and other long -term trees; recommended removing most pines (selectively) and manage grove that remains and focus on oaks, etc. Commissioner Tarr - What is age of pine trees? John Meserve - 20 -25 years maybe; in ideal conditions (which is not the case here) 40 -45 years is expected life of pines. Dick Swan - (Great grandson of original property owner); all trees were planted by family members; property is important to family; project proposed is unique and wilt allow family name to remain in Petaluma. Tony Korman - Described Monterey Pine problems; trees are not in good condition; followed parameters of Specific Plan; design elements include front porch design; 32' . streets; price range will be about $230,000. The public hearing was closed. N - .. -..... ...::.r - �� =` "i A: =L:: x ..y^ +x. (s za^.. rttNxanra�:+.r..n....- a........ . �......_....,..-...- a...-.... .......-- ....... ........... ..._ . _.______._.__.__ —_ City of Petaluma Planning Commission Minutes 3/10/92 .97 Discussion Commissioner Parkerson - Appreciated extra time and effort on this project; arborist information very helpful; there are some options in proposal to change lot configuration; 30 foot setback is very important; one -lot reduction is feasible. Commissioner Tarr Given the discussion by arborist - City should attempt to save as many trees as possible; 30 foot setback should be adhered to. Commissioner Bennett - Effort should be made to save integrity of pine grove; appearance of grove should be maintained. Commissioner Nelson - Concerns regarding parking adequacy; would like to save as many trees as possible. Commissioner Rahman - Would like to selectively save some of Monterey Pines; should plant new trees now, then when all pines are gone there will be tall trees to replace them. co Commissioner Thompson - Not enough parking; 21 lots are more feasible; take all pines CO out and replant now with more permanent trees. Commissioner Parkerson - Should not cut through soundwall, walk not far to Sonoma Mountain Parkway. Commissioner Libarle - Pines did not look real healthy; should make effort to save the best pines and the other trees; parking is probably a little thin. Commissioner Parkerson - Feels majority of Commission thinks a reduction in lots should be considered. Commissioner Rahman - Does not feel tandem garages are a good idea.. Commissioner Bennett - Option No. 2 should be requested of applicant - redesign. Commissioner Parkerson - Agreed with Commissioner Bennett. Commission agreed to direct applicant to return to the April 14 Planning Commission meeting after working with staff regarding the following items: Preservation of 30' setback to Sonoma Mountain Parkway. On- street parking requirements (closer to 1:1) except for flag lots which have parking off - street Preservation of as many trees as possible and replacement of those trees which cannot be saved. NEW BUSINESS PUBLIC HEARING H. MONA MADIAO, 3A COCHRANE WAY, AP NO. 008 - 461 -28, FILE NO. CUP92004(tp). 1. Consideration of a Conditional Use Permit for legalization of an accessory dwelling at 3A Cochrane Way. The public hearing was opened. SPEAKERS: Jane Thomson - presented the staff report. Commissioner Nelson - Why are people writing in support of this project when they don't live in the City? Jane Thomson - They are possibly property owners in project area thinking of creating an accessoryxdwelling. Commissioner Parkerson - What will new parking area surface be? 3 98 City of Petaluma Planning Commission Minutes 3/10/92 Jane Thomson - Probably grass -crete - applicant would prefer over solid concrete. Mona Madaio - Applicant - 4881 Lakeville Highway - Planning Department told her (prior to purchase of property). that the studio apartment was a legal non - conforming use - the applicant had nothing to hide when she requested a building permit for remodel; requested clarification of Fire Marshal's condition. Planning Director Pamela Tuft - Since Fire Marshal not in attendance, will clarify condition tomorrow with Fire Inspector. The public hearing was closed. A motion was made by Commissioner Tarr and seconded by Commissioner Bennett to grant a conditional use permit to legalize the conversion of an accessory structure to an accessory dwelling at 3A Cochrane Way based on the findings and subject to the conditions listed below: COMMISSIONER NELSON: No - opposed to this method of legalizing second dwelling units. COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes COMMISSIONER PARKERSON: Yes CHAIRMAN LIBARLE: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Yes Findings 1. The accessory dwelling within an existing legal non - conforming structure, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The accessory dwelling, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. 3. Tile accessory dwelling will not constitute a nuisance or be detrimental to the public welfare of the community. 4. The project is a CEQA Class 3 Categorical Exemption, Conversion of Small Structures. Conditions 4: ------ ��gteFflents -o€� p3r�- lar�i}al�hak be c ©x�plied rvith,-inElt�dig ------ - - --a: - - - - -- AIl- �oafirtg- a�eFia� -sl�a- -dam -- class- "B "- -ratg- - beF tF�at -ir} a�edrdane�- with- �- h��F�ifc�r� -Btri }ding- Eode- Sta�d- and -3�:�: ----- - - - - -b --- - - - -P- o iEle- €iFe- snpgressiaFt -sy e r -a flr ral- sc}uFees -o€ gFti €ioF} -- sue- areas a� sPeci€ieail� -�t- clef - des -tlrye- rte,- -ki€ chart- �te�e� ,-- fErFFiae�s �ateF- �a�eF� €iFe$la�es- and -�Ff -attic �r�as -at- its-- a�- c€�FZe� - €o�- terse- a�pltanees -�Ftd ----- - - - --e - ------ Exiting ----------- x� - WUys�- emit- doer - € -c €QFFrr -td - -1 $ -£ iii ©Fr -a €- U�€© Fnr�i���od�- a��- �3�i€or�- Btrild�g -Eon in City of Petaluma Planning Commission Minutes 3/10/92 2. One parking space which conforms to City Standards shall be created subject to staff review and approval at the south west corner of the property prior to final inspection for the principal dwelling improvements III. CAPT. LARRY'S ELECTRIC FERRY, PETALUMA TURNING BASIN, FILE CUP92006(tp)._ 1. Consideration of Initial Study and proposed Negative Declaration. 2. Consideration of Conditional Use Permit for: a) permanent mooring in the turning basin and installation of electric service in the Floodway Zoning District. b) exclusive use of a portion of the public docks located in the Floodway co Zoning District. The public hearing was opened. SPEAKERS: Teryl Phillips - Presented the staff report. Commissioner Bennett - Were property owners in the area notified? (answer from Teryl Phillips des, within 300 feet). Commissioner Nelson - Many more people may be able to use the river because of this project. Teryl Phillips - Staff definitely supports the idea of this project, but not the exclusive mooring within the Turning Basin. Commissioner Libarle - Bathrooms are needed in the downtown area. Pamela Tuft - When the City begins to grant exclusive use of dock areas - who do we deny access to? Linda Rahman - Docks are rarely filled - only in the summer when yacht clubs come in; 20' right next "to public ramp would be a good place for this project to be located; we should try it for a specified length of time. Pat .Miller - Described capacity of the turning basin; ferry is a good idea; described utilities presently in turning basin. Captain Larry Rau - Applicant - silent, non - polluting ferry; thanks Planning staff for all help on this project; long history of ferry operations in California that rely on publicly - owned landing facilities; wants to help people appreciate waterways, both historically and present -day; most advantageous area to load passengers is - near ramp without congesting dock; would help maintain a schedule to be able to load and unload at the same place, same time; this area is the least desirable for other boats to dock overnight because of noise (from businesses open late, etc.); many passengers will be senior citizens or handicapped who need a stable area to pick -up and return; both docks are already at capacity for power consumption - has made arrangements to rent overnight mooring and re- charging facilities at the Foundry Wharf. Commissioner Libarle - What would turn - around time be? Captain Larry - About 5 -10 minutes; wants to run on a set schedule. Commissioner Nelson - What fare will you be charging? Captain Larry - At this time it looks Pike $10.00 per person per hour. Commissioner Bennett - Are you planning any permanent signage? Captain Larry - Would like to supply benches /signs at an informal waiting area. Commissioner Nelson - Many people will like to use this service; no problems with docking in this area - great idea! 5 100 City of Petaluma Planning Commission Minutes 3/10/92 Commissioner Rahman - We should try this use for one season at this area. Commissioner Parkerson - City must look at question of how many others would like to have this exclusive use? Commissioner Libarle - Maybe a non - exclusive loading zone could be created so all could use for loading. Pamela Tuft - Maybe a timed (possibly 10 minutes) loading zone should be created. Commissioner Rahman - Could I suggest a compromise solution - the creation of a 20' section of dock set aside to be available for ferry loading only (whether it is Captain Larry or other ferry). Commissioner Bennett - Could we try it for one season (one year) to see how it works ?; this could be a very valuable service - the loading zone should be created for ferry loading /unloading only. The public hearing was closed. A motion was made by Commissioner Rahman and seconded by Commissioner Thompson to adopt a Mitigated Negative Declaration of Environmental Impact on the basis of the Initial Study and comments received, that there is no substantial evidence that the project, based on the following mitigation, will have a significant effect on the environment: COMMISSIONER NELSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes COMMISSIONER PARKERSON: Yes CHAIR:MAN`LIBARLE: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Yes Mitigation Prior to use of the public docks in the turning basin for mooring purposes, applicant shall' install a separate electrical service sufficient to meet the operating needs of his vessel. Plans for location of the service shall be subject to approval of the Public Works Director. A motion was made by Commissioner Tarr and seconded by Commissioner Thompson to deny a conditional use permit for permanent mooring and related installation of utility services in. the Petaluma Turning Basin located in the Floodway Zoning District, based on the following. findings: COMMISSIONER NELSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes COMMISSIONER PARKERSON: Yes CHAIRMAN LIBARLE: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Yes Findings 1 a. The existing turning basin facilities are not adequately monitored for vessel security and passenger safety during evening hours. b. Existing. electrical service capacity in the Turning Basin is not adequate to serve the proposed business use needs. Co City of Petaluma Planning Commission Minutes 3/10/92 101 C. Alternative City berthing and utility service facilities are available at the Marina which can adequately meet the berthing, utility and security needs of the proposed business use. d. The proposed permanent use of the public docks will be detrimental to the public welfare of the community since it would limit access to City docks intended for transient boaters. A motion was made by Commissioner Parkerson and seconded by Commissioner Rahman to approve a conditional use permit for non exclusive use of the Turning Basin public docks for operation of a commercial ferry (including passenger loading and unloading activities) based on the findings and subject to the amended conditions listed below with the additional recommendation to City Council to provide exclusive use of an approximately 20' loading area at the northwest end of the docks adjacent to the Balshaw Pedestrian co Bridge for a period of one year with review by Planning Commission at end of this time: COMMISSIONER NELSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes COMMISSIONER PARKERSON: Yes CHAIRMAN LIBARLE: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Yes Findings a. The proposed use, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. b. The proposed use, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. C. The .proposed use will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. Passengers shall not be permitted to congregate for ferry boarding on the public docks. A separate waiting area shall be established and signed pF10x- - -to- within 90 days of commencement of use. Required encroachment permits (for public property) sign permits, and property owner consent shall be obtained. Loading /unloading, area to be reviewed and approved by City Council prior to initiation of use. 2. This project shall be subject to SPARC review prior to commencement of use, with emphasis on the following: a. Appropriate location of passenger waiting areas to ensure reasonable visibility and proximity to loading areas, provision of adequate lighting in evening hours, trash receptacles and seating if feasible, and unobstructed circulation and compatibility with surrounding uses, activities and development. b. Appropriate design and location of proposed signing for waiting areas, including compliance with Zoning Ordinance Standards. 3. The project proponent shall meet all US Coast Guard vessel safety, operations and equipment requirements. 7 'tf°a. >:: Hi4W�£'s^'R'!ifl��! ✓n't ..�a0:.7n�f+f!:•:�+ 1 02 City of Petaluma Planning Commission Minutes 3/10/92 4. Applicant shall meet insurance requirements as determined by the City Risk Manager prior to commencement of the business. 5. This use permit may be recalled to the Planning Commission for review at any time due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics. At such time, the Commission may revoke the use permit or add /modify, conditions of approval. 6. Any proposed expansion of the use'shall be subject to application for and approval of amendment to this use permit. 7. Use to be for period of one-year with review by Planning Commission at end of one - year. IV. COOPER, 46 GRAYLAWN, AP NO. 006- 431 -02; FILE NO. CUP920050kt). 1. Consideration of an EIQ and Conditional Use Permit for a dwelling group at 46, 46A and 48 Graylawn. The applicant requested that this item be moved to the next available Planning Commission Agenda. This public hearing was opened and continued to the Planning Commission meeting of April 14. Adjournment 10:25 PM min0310 / pcom17 i 77-7