HomeMy WebLinkAboutMinutes 11/10/1992293
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REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL
November 10, 1992
7:00 P.M.
PETALUMA, CA
COMMISSIONERS: Present: Bennett, Read, Parkerson *, Rahman (arrived at 8:00, prior
to Item 2)t, Tarr (left at 8:00, prior to Item 2), Thompson, Torliatt
STAFF: Pamela Tuft, Planning Director
James McCann, Principal Planner
Jane Thomson, Senior Planning. Technician
Hans Grunt, Planning. Technician
Chairman
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MINUTES OF October 27, 1992 were approved with changes on page 2.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Ninth Annual Planning Seminar at Sonoma State University.
COMMISSIONER'S REPORT: None.
CORRESPONDENCE: Letter regarding Roseview Subdivision.
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on the agenda.
CONSENT AGENDA Items recommended for consideration under the Consent Calendar
are considered to be routine in nature by staff and are recommended to be acted upon by a
single motion by the Planning Commission at the beginning of the meeting with no further
discussion. The Consent Agenda may include no public hearings (identified by
" *P /H * "). Any item may, however, be removed from the Consent Calendar for discussion
in its normal order on the agenda by the applicant, a Commissioner, or an interested
member of the public by a simple request prior to Commission action on the consent
calendar.
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November 10, 1992
I. *P /H* LARRY JONAS, ROSEVIEW SUBDIVISION, BETWEEN HALSEY
AVENUE AND OLIVE STREET, APN 008- 401 -11; FILE NO. 6.995(tp).
1. Consideration of request for one -year extension of Tentative Subdivision
Map approval for the second phase (8 lots) of a 14 -lot custom home
development.
This item was removed from the Consent Calendar.
The public hearing was opened.
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Jim McCann presented the staff report - Abatement is underway at the subdivision; issues
raised by neighbors are being pursued; Map Act allows up to a 6 -year Tentative Map life;
staff recommends a one -year extension.
Commissioner Read - Wasn't there supposed to be a Project Manager for this project with
a published telephone number?
Pamela Tuft - Will check conditions of approval; noise complaints are being pursued.
Leslie Garcia - 812 Olive Street - Complaints have been made for at least .3 months; dust
clouds constantly; North Bay Construction is bringing in dirt all the time; Tentative Map
should not be extended.
Lon Gilbert - 810 Olive - This project is dragging on too long; North Bay is at the project
site on and off; 50 neighbors are being disrupted near this site; dust is YM thick; a small
project like this should not be allowed to drag out this long; old garage has been placed on
the site; large piles of dirt being stored on the site; Larry Jonas should try to be a "good
neighbor "; this site is right in the middle of an established neighborhood; noise begins
about 6 AM each morning; project should not be granted an extension; project needs to be
completed.
Mary Michelucci - 927 I Street - has two children with asthma- dust has caused more
problems lately; construction crew tore down an old fence at property line; where is correct
property line? Understood that her property would be allowed to be divided; concerns
regarding drainage.
Kathleen Savot - 9311 Street - Hours of construction are very disturbing; noise begins very
early, even on weekends and holidays; dust is very bad; would like clarification regarding
subdivision of her property; has access road location been changed? Questions regarding
property lines.
Larry Jonas - Project applicant - Phone number is listed - call any time with noise
complaints (hasn't. received any complaint calls so far); has moved 2,400 yards of dirt and it
is donated to a PEP project on other side of town; has tried to keep dust down; didn't know
of any major problems; this project is taking too long - I agree; I will talk to North Bay
property line marker is clear - will be glad to show property owner where marker is;
drainage is very well designed and engineered; my goal is to sell the lots - first six lots will
be done (hopefully) this week; needs .extension to allow Final Map for Phase 2 to be
completed'; Fence is being built right now.
Planning Director Tuft - Dust control complaint was immediately given to Engineering
Department (November 3); hours of construction are 7:00 AM to 6:00 PM - no work
allowed on holidays and weekends; will write to North Bay Construction with very clear
and specific instructions regarding ''any construction activity not allowed on weekends and
holidays or before 7:00 AM or after 6:00 PM "; additional development potential of
adjacent property is not specifically addressed in conditions of approval; purchase of access
from new road is addressed; drainage is assured through public improvement plans; I will
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Planning Commission Minutes November 10, 1992
personally talk to the Engineering Inspector regarding dust; extension could be granted for
less than one year.
Commissioner Torliatt - How will drainage be designed to prevent water from entering
existing property?
Planning Director Tuft - Described drainage improvements - will check with Public Works
Inspector :on status.
Commissioner Read - Disappointed in this entire project - can conditions of approval be
tightened know?
Planning Director Tuft - No new conditions can be added to project at this time; existing
conditions can and will be pursued which should rectify problems.
Commissioner Bennett - By law we can't change existing conditions; City will come down
(0 hard on contractor to stick to conditions of original approval.
CY) Planning, Director Tuft - Will follow -up with letter to North Bay with copies to Mr. Gilbert;
Public Works Inspector will be notified as well as Police Department.
Commissioner Parkerson - Mr. Jonas, inform North Bay Construction that there is to be no
work tomorrow
Commissioner Torliatt - What will this one year extension do for us?
Commissioner Bennett - (To Larry Jonas) - You're on the carpet on this - get on North Bay
Construction for your own good!
The public hearing was closed.
A motion was made by Commissioner Tarr and seconded by Commissioner Thompson to
approve a one -year extension for the filing of the Roseview Tentative Subdivision Map
(staff to report back with status in six months).
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Absent
CHAIRMAN PARKERSON: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR: Yes
NEW BUSINESS
PUBLIC HEARING
II. MARIO FIGONE, MA+aO AND JOHN'S BAR, 428 EAST D STREET, APN 007-
155-03, FILE NO. CUP92034(jkt).
1. Request for approval of a Conditional Use Permit to legalize the pre- existing
(since 1934) 1,800 .sq. ft. non - conforming bar at 428 East D Street and to
allow a 1,377 sq. ft. expansion of the bar. The following actions are required:
a. Adoption of Negative Declaration pertaining to the granting of a
Conditional Use Permit for Mario and John's Bar.
b. Granting of a Conditional Use Permit for a 3,177 sq.ft. bar at 428 East
D Street.
The public,hearing was opened.
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SPEAKERS:
November 10, 1992
Jane Thomson presented the staff report.
Mr. Figone - Applicant - What about the landscaping requirement?
Commissioner Thompson - (to Mr. Figone) - Will you keep the existing landscaping alive?
Mr. Figone - Yes; No problems with any of the conditions.
The public hearing was closed.
A motion was made by Commissioner Thompson and seconded by Commissioner Torliatt
to adopt a Negative Declaration based on the findings listed below:
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
CHAIRMAN PARKERSON: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR: Absent
Findings
1. An Initial Study has been prepared and proper notice provided in accordance with
CEQA and local guidelines.
2. Based upon the Initial Study and any comments received, there is no substantial
evidence that the project would have a significant effect on the environment.
3. The project does not have 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 it will involve no physical change to the environment
as the bar is existing and no exterior changes are proposed.
A motion was made by Commissioner Torliatt and seconded by Commissioner Thompson
to grant a Conditional Use Permit based on the findings and subject to the conditions listed
below:
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
CHAIRMAN PARKERSON: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR: Absent
Findings
1. The bar and proposed expansion, as conditioned, will conform to the requirements
and intent of the Petaluma Zoning Ordinance.
2. The bar and proposed expansion, as conditioned, will conform to the requirements
and intent, goals, and policies of the Petaluma General. Plan.
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Planning. Commission Minutes November 10, 1992
3. The bar and proposed expansion will not constitute a nuisance or be detrimental to
the public welfare of the community.
Conditions
All requirements of the Fire Department shall be complied with, including:
a. Provide fire extinguishers 2A rated ABC dry chemical type as required by the
Fire Marshal.
b. Post address at or near main entry door - minimum two inch letters.
c. No extension cords. All equipment and appliances shall direct plug in.
d. Provide metal or flame retardant plastic waste cans.
e.. All compressed gas cylinders in service or in storage shall be adequately
secured to prevent falling or being knocked over. (Section 74.107a 1988
Edition of the Uniform Fire Code.)
f. Exiting: exit ways, exit doors shall conform to the 1988 edition of the
Uniform Fire Code and the 1991 Edition of the Uniform Building Code.
All conditions of the Building Division shall be complied with, including:
1. Request for approval of a Conditional Use Permit to allow the establishment
of a cardroom which will operate 24 hours /day within the existing facilities of
the Sonoma Joe's restaurant and bar located at 5151 Montero Way. The
cardroom will occupy a 1,440 sq. ft. former banquet room and will provide
twelve card tables. The following actions are required:
a. Finding of exemption from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the Guidelines.
b. Granting of a Conditional Use Permit to Patty Gaeir to authorize the
operation of a cardroom, a commercial recreation use.
a. Exiting shall comply with Chapter 33 of the Uniform Building Code.
3. ne sign above the vacant grocery store doorway shall be removed prior to issuance
of tenant improvement permits and /or commencement of use in expansion area.
4. Th`e parking lot to the rear of the parcel shall be striped and landscaped improved to
City Standards prior to commencement of use in expansion area, subject to staff
review and approval. A minimum of sixteen (16) spaces shall be provided.
5. No expansion of the seating urea, the number of tables in seats or the introduction
of additional amusement games shall be permitted without amendment to this
Conditional Use Permit.
6. 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.
III. PATTI GAEIR, SONOMA JOE'S CARDROOM, 5151 MONTERO WAY, APN 007 -
42,1 -16, FILE NO. CUP92032(hg).
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November 10, 1992
The public hearing was opened' and continued to the Planning Commission meeting of
November 24 (per applicant request).
LIAISON REPORTS
1. SPARC - no report.
2. Tree Committee - no report.
3. River Enhancement Committee - no report.
PROJECT STATUS Mountain Valley Villas - Delco is pursuing a redesign.
ADJOURNMENT 8:15 PM.
min1110 / pcmin -6
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