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Home My WebLink AboutMinutes 07/14/1992', PLANNING COMMISSION MINUTES REGULAR MEETING July 14, 1992 CITY COUNCIL CHAMBERS 7:00 P.M. CITY HALL PETALUMA, CA COMMISSIONERS: Present: Bennett, Libarle *, Read, Parkerson, Rahman, Tarr; Absent: Thompson STAFF: Pamela Tuft, Planning Director James McCann, Principal Planner Bonne Gaebler, Housing Coordinator Jane Thomson, Sr. Planning Technician Chairman APPROVAL OF MINITFES OF June 23, 1992 - Minutes were approved as printed. PUBLIC COMMENT: (15 minutes maximum). r The Commission will hear public comments only on matters over which they have jurisdiction. There will be no Commission discussion or action. The chairman will allot no more than :five minutes to any individual. If. more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. DIRECTOR'S REPORT: Pamela Tuft indicated that, in a cost - cutting effort, the video camera operation is now being done by the recording secretary. COMMISSIONER'S REPORT: Councilmember Nancy Read was welcomed to the Commission. Nancy Read indicated her pleasure at, being back on the Commission; indicated that the Planning Exhibit at the Petaluma Historical Museum was well done and worth attending; Commissioner Parkerson participated in the museum display preparation and did a.very good.job. CORRESPONDENCE:. 8 letters regarding Item No. 4 - (Beebe variance. request) APPEAL STATEMENT: Was read. LEGAL RECOURSE STATEMENT: Persons commenting orally or in writing are advised to raise all pertinent issues at_ this stage of review so that possible solutions may be implemented. or- adopted at the earliest opportunity. If you challenge the action taken by the City of Petaluma in court, you may be limited to raisin only those issues you or someone else raised during the public review process, or n written correspondence delivered to the City at or prior to the conclusion of the public review process. Srxef;• �nF3"` A`' �' tr ..^�'"r- S`:.r,�[t' < °,{^';.x +'m_ '1s7 �wre+q.^ {,+m *?tt �. - !T'! - :?4�-arr<.r.......z+irr.z.�e- � ..�... -�. _. _.,. _..... .�r. r.rer.d:,a -_. .,....:..axr�r --... T.-... �......:...,.., r., � ,- �..- .,,,..,.- _.. ............. Mrs, so won't be voting; did ask a few qu Commissioner Rahman - Are we di Planning Director Tuft - At June existing center into conformance w: C ommissioner Rahman - Has the n Planning Director Tuft - I believe s Mark Friedman - Applicant - Surl than June' 23 Planning Commissioi presented, tonight; will agree to we time; there is no history of hazard optimally; there has not been an` shopping ;center did not have to re was unnecessary. Planning _,Director Tuft - Read p, regarding non- conforming uses, it shopping center prior to expansion. Mark Friedman - In disagreement of five. years for Phases II, III, IV; pad. Commissioner Parkerson - The time I The public hearing was closed. i A motiontlwas made by Commissioi to reaffirm all action taken at the P the total building expansion not -t Masterplan Phasing Schedule subm A COMMISSIONER READ: Abstaii I of expansion square footage from 6,000 to 10,000 EXPANSION, MARK FRIEDMAN, WASHINGTON LP NO. 007- 280 -46 49, 52, 55, 69 -73; FILE NO. igated Negative Declaration. iditional Use Permit to allow expansion of an existing Phasing Plan and schedule for implementing a tion and landscaping improvements. ort. .re raised by Commission; anticipated reviewing Jule. ember of the Commission when this matter was heard cussing a Use Permit for the entire shopping center? ',1992 meeting a Use Permit was granted to bring the h the Zoning Ordinance. ighbor who was concerned with noise been satisfied? -ised by plan presented by staff tonight; very different meeting agreement; will not agree to this master plan k further with staff; will not commit to changes at this us condition in the parking lot - it just is not designed contact with project planner since the last meeting; ;eive a Use Permit, it was applied for as a courtesy, it - ts of Zoning Ordinance Sections 25 -502 and 25 -401 o the minutes to clarify need for a Use Permit for ith the timing only - not the layout; requests time line Iaco Bell or Firestone will be new use on the existing proposed by staff seems reasonable. ier Rahman and seconded by Commissioner Parkerson anning Commission meeting of June 23, 1992 to reflect )- exceed 10,000 sq.ft., and to approve the amended tted by staff. 2 (This item was renoticed due to in sq.ft.). I. WASHINGTON SQUARE SQUARE ASSOCIATES, CUP92020(tp). 1. ; Consideration of a N (D 2 2.' Consideration of a ( I m major shopping cent 3. Consideration of Masterplan for circus The public hearing was reopened: SPEAKERS: Jim McCann presented the staff re] Questions regarding phasing w MasterPlan, not just a phasing sche Commissioner Read - Was not a of expansion square footage from 6,000 to 10,000 EXPANSION, MARK FRIEDMAN, WASHINGTON LP NO. 007- 280 -46 49, 52, 55, 69 -73; FILE NO. igated Negative Declaration. iditional Use Permit to allow expansion of an existing Phasing Plan and schedule for implementing a tion and landscaping improvements. ort. .re raised by Commission; anticipated reviewing Jule. ember of the Commission when this matter was heard cussing a Use Permit for the entire shopping center? ',1992 meeting a Use Permit was granted to bring the h the Zoning Ordinance. ighbor who was concerned with noise been satisfied? -ised by plan presented by staff tonight; very different meeting agreement; will not agree to this master plan k further with staff; will not commit to changes at this us condition in the parking lot - it just is not designed contact with project planner since the last meeting; ;eive a Use Permit, it was applied for as a courtesy, it - ts of Zoning Ordinance Sections 25 -502 and 25 -401 o the minutes to clarify need for a Use Permit for ith the timing only - not the layout; requests time line Iaco Bell or Firestone will be new use on the existing proposed by staff seems reasonable. ier Rahman and seconded by Commissioner Parkerson anning Commission meeting of June 23, 1992 to reflect )- exceed 10,000 sq.ft., and to approve the amended tted by staff. 2 i ,1 COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes COMMISSIONER PARKERSON: Yes CHAIRMAN LIBARLE: Yes COMMISSIONER THOMPSON: Absent COMMISSIONER TARR: Yes Master Plan Phasing Schedule for Washington Square To OiLL't \\ I t t71�1'.S SAFEWAY ORUOS APFOX, PAOX. 41 S.F. f 1 J( 8 S.F wewwr woomaM t Li rri'. ttnliu � /. jj _ o a, �' o yep II IV - g w IL m 8 i C� ^ `O MC DOWELL AVENUE SITE PLAN / W! ADDITIONS 1 5 ?) Master Plan Phasing Schedule L Prior to Certificate of Occupancy (C.O.) II. Within 2 5 years of Safeway C.O. or in conjunction with expansion within quadrant. III. Within 3 5 years of Safeway C.O. or in conjunction with expansion within quadrant. IV. Within 5 years of safeway C.O. or in conjunction with expansion within quadrant. 1 7 I i 3 201 1 III. COMMITTEE ON THE SOUTH, AMENDMENT' FILE NO. L654(bg).. 1. Environmental revi 2.1 Consideration of a hours. The publie hearing was opened. I SPEAKERS: NEW BUSINESS PUBLIC` HEARINGS II. CAMPBELL ACCESSORY DWELLING, 33 GRAYLAWN AVENUE, AP NO. 006- 433-04, FILE NO. CUP92012(hg). 1.... Reconsideration of the conditions of approval imposed upon the CUP legalizing an accessory dwelling. The public hearing was opened. SPEAKERS: Jim McCann presented the staff report. Commissioner Rahman - Do we have to mention a boat in the condition at all? Planning:Director Tuft - Clarified that staff has requested eliminating language regarding boat parking. - Applicant - The public hearing was closed. A motion was made by Commissic to reword the adopted Use Pern parking in the driveway. COMMISSIONER READ: Yes COMMISSIONER BENNETT: Y COMMISSIONER RAHMAN: Y, COMMISSIONER PARKERSON CHAIRMAN LIBARLE: Yes . COMMISSIONER THOMPSON: COMMISSIONER TARR: Yes i sted removal of condition prohibiting boat parking. er Parkerson and seconded by Commissioner Rahman t Condition No. 2 to delete the prohibition of boat Yes t 2. An additional 2' wide strip of concrete shall be installed to the west side of the driveway within 30 days of use permit approval, subject to staff review and approval. T�Fee- a €€- stFee� }�a- �l��g- �paees- to -be- reserved -Cdr- pay- se�ge� }e -l�s - hoar- paFl�g. sha�l -net 1.3��fk�d: � HELTERLESS (COTS), 1500 PETALUMA BLVD. CONDITIONAL USE PERMIT, AP NO. 19- 210 -12, ; exempt from CEQA. :ndment to CUP to allow extension of family shelter 0 2 ®2 Bonne Gaebler - Presented the staff report - a telephone call from a neighbor. had concerns regarding: sewer capacity, parking, residents "wandering" up Rovina Lane (private drive). Grayson James COTS representative -. Rovina is a private drive, but not marked as such, a sign would help - will request that residents refrain from entering private drive; reason for expansion of hours is to provide safe and secure place for children for more hours during the day; not planning to become a day care center. The public hearing was closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Rahman to grant an amendment to the Conditional Use Permit to allow use of the family shelter at 1500 Petaluma Boulevard South for an additional four hours (2:00 to 6:00 PM) per day. COMMISSIONER READ: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes COMMISSIONER PARKERSON: Yes CHAIRMAN LIBARLE: Yes COMMISSIONER THOMPSON: Absent COMMISSIONER TARR: Yes IV. BEEBE, 458 PIPESTONE CIRCLE, AP NO. 149 - 360 -44, FILE NO. VAR92006akt). 1. Consideration of an Environmental Exemption. 2. Consideration of a Variance to authorize an existing illegal accessory structure to encroach into required side and rear yard setbacks. The public hearing was opened. SPEAKERS: Jane Thomson presented the staff report. Commissioner Parkerson - Is the real issue the rear yard setback? Commissioner Rahman - If there is not and cannot be a neighbor in the rear (because property is right -of -way owned by the City) maybe rear yard setback can be smaller. Commissioner Bennett - Since there cannot be a structure to the rear are the UBC fire requirements really necessary? Greg Beebe - Property owner - distributed pictures of project; regrets failure to get building permit prior to beginning project cannot move building without dismantling it; disagrees with variance findings agrees to remove top turret of gazebo. (Note: Removing turret will reduce height. to below 10', therefore allowing a reduced sideyard and eliminating need for sideyard variance.) Commissioner Read - (To Mr. Beebe) - Are you a contractor or in the building trade? (answer yes, carpenter) Why didn't you get a building permit? Greg Beebe I guess I should have. Elise Beebe - Applicant - Neighbors are in support of project; when redtag was received, work stopped; willing to take turret off; how could staff make findings presented in the staff report? Would like this problem to be resolved. Commissioner Parkerson Owner should have gotten a building permit before building the project -; staff's comments are all valid all hardships were caused by the property owner. Commissioner Tarr - Agreed with staff analysis - cannot support variance request. Commissioner Read - The top turret should be removed; can an encroachment permit be issued for the rear yard setback? Applicant should have applied for permits. 5 9.. .+.. ..- ..e. -c. m...� .�. e. r•� x F. t�e:,�:n^'iix»a.... �..,.,:. —..... r........u..r�...�... -_. ...... Commissioner Bennett - Can't we do something to prevent people from building without a permit? Commissioner Rahman - Does not want structure to be removed, but why didn't owner get a permit to begin with? Commissioner Libarle - We should be able to find a way for owner to legalize this structure. Planning Director Tuft - A possible solution would be to rebuild one wall of the gazebo to meet rear yard setback and to remove the turret; would like to work with the applicant regarding a compromise (i.e. redesign to help meet setbacks). Commissioner Libarle - Would not vote to deny variance tonight. Commissioner Bennett - (to Mr. Bie Please p back to staff to try to find a compromise. CD Greg Beebe - Do not care to work with staff; if major redesign is required, would rather Co take the pzebo down. C V) All Commissioners and owner agreed that staff and owner could try to reach a compromise and return to next (July 28) Plammlig Commission meeting. The public hearing was continued to the July 28 Planning Commission meeting. V. LEO ORTEGA, DELTA B ITTERY, 501 PETALUMA BLVD. NORTH, AP NO. 006- 091-29, FILE NO. 1.509aktj. 1 Consideration of commencing revocation proceedings of a Conditional Use Permit. The public hearing was opened. SPEAKERS: Jane Thomson presented the staff report. Edward Cerar 422. Kentucky - neighbor of business; cars have been parked on public streets being worked on; owners have apparent total disregard for anyone except themselves. Commissioner Tarr - This is an eyesore; it should not be allowed to continue operating in this manner: Commissioner Bennett - Would like to begin abatement process. NOTE: Property owner and business operator were both informed of process and hearing, neither chose to attend. The public hearing was closed. A motion was made by Commissioner Bennett and seconded by Commissioner Tarr to direct staff to. begin . Use Permit. revocation proceedings against Delta Battery, 501 Petaluma; Blvd:. North. COMMISSIONER READ: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes. COMMISSIONER PARKERSOM Yes CHAIRMAN LIBARLE: Yes COMMISSIONER THOMPSON: Absent COMMISSIONER TARR: Yes 6 2 ®3 1' l' ADJOURNMENT 8:55 PM. min0714 / pcom2l 1 7