HomeMy WebLinkAboutMinutes 01/12/1993KM
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PLANNING COMMISSION MINUTES
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11 REGULAR MEETING January 12, 1993
CITY COUNCIL CHAMBERS 7:00 P.M.
CITY HALL PETALUMA, CA
COMMISSIONERS: , Bennett (arrived 8:20), Read, Parkerson *, Rahman, Tarr,
Thompson, Torliatt
STAFF: Pamela Tuft, Planning Director
James McCann, Principal Planner
20 Jennifer Barrett, Associate Planner
21 Jane Thomson, Sr. Planning Technician
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23 Chia
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MINUTES OF December 8, 1992 were approved as submitted.
PUBLIC!COMMENT: None.
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31 DIRECTOR'S REPORT: Planning Director Tuft reported that the agenda for the League
32 of California Cities Planning Commissioners Institute was just received and will be
33 distributed in the next packet.
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35. COMMISSIONER'S REPORT: Commissioner Rahman reported that a Headstart
36 classroom site is. being pursued; Commissioner Torliatt asked whether any further
37 complaints regarding Roseview have been received (answer - no).
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39 CORRESPONDENCE: Letter from WCBS neighbor and memo from Pamela Tuft on
40 request for continuation by WCBS.
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42 APPEAL STATEMENT: Was read.
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44 LEGAL RECOURSE STATEMENT: Was noted on the agenda..
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47 CONSENT AGENDA Items recommended for consideration under the Consent Calendar
48 are considered to be -,routine in nature by staff and are recommended to be acted upon by a
49 single motion by the Planning Commission at the beginning of the meeting with no further
0 discussion. The. Consent Agenda may include noticed public hearings (identified by
1 " *P /H *" ).. Any, item may, however, be removed from the Consent. Calendar for discussion
2 in its normal. 'order on the agenda by the applicant, a Commissioner, or an interested
3 member of the public by a simple request prior to Commission action on the consent
54 calendar.
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Planning Commission Minutes 1/12/93
NEW BUSINESS
PUBLIC HEARINGS
I. ROSE MCLAUGHLIN, MCLAUGHLIN'S DAYCARE, 1005 CAROB COURT, APN
005- 151 -03, FILE CUP92039 (dh).
1. A determination that the request is exempt from the requirements of CEQA.
2. A Conditional Use Permit to authorize a large family daycare facility.
Jim McCann presented the staff report.
The public hearing was opened.
SPEAKERS:
Mark Moehin Supports use - his child attends facility.
Marty Mareres - Supports use.
The public hearing was closed.
COMMISSION DISCUSSION:
Commissioner Thompson - Drives by this location frequently, there does not seem to be a
traffic ,problem.
Commissioner Rahman - We shouldn't make the hours too rigid.
Commissioner Torliatt - Outside play should be restricted to a fenced area.
A motion was made by Commissioner Thompson and seconded by Commissioner Torliatt
to grant a Conditional Use Permit to Rose McLaughlin to operate a Large Family Daycare
subject to the following amended conditions:
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: - Absent
COMMISSIONER RAHMAN: Yes
CHAIRMAN .PARKERSON: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR: Yes
Conditions
1. The following conditions of the Fire Marshal shall be met within 30 days of the
granting of the CUP; subject to review and approval of Fire Marshal's Office:
a. Total for large family daycare is 12 children, including children of provider if
under the age of 10.
b. Provide a device for sounding a fire alarm .other than the smoke detector
installed at or near the sleeping area (whistle on a chain around the neck not
permitted).
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Planning Commission Minutes 1/12/93
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Two (2) exits are required. Exit doors can open in, and one may be a sliding
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glass door.
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Dead -bolt locks not permitted.
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No- knowledge lock sets only. Inner connect sets are approved.
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Smoke detectors are required at - or near all sleeping areas or rooms.
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Type five construction permitted.
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In two -story resident structures, children shall be cared for on the ground
floor only.
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Provide emergency exit plans posted in a location determined by the provider .
and inspector, with 9 -1 -1 phone decal, phone numbers and operators
statement.
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Open flame devices are not permitted (candles).
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No extension cords. All appliances and equipment shall be direct plug -in.
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Surge protectors may be used as an alternative.
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All appliances shall be proper working order.
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Flammable liquid storage for maintenance shall "be stored in such a manner
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as not to permit access to children.
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Provide fire extinguisher 2A rated A -B -C dry chemical type.
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Door on bathrooms and closets shall be openable from the inside by a child.
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If lockable, door can be unlocked from the outside by an adult.
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Provide protective cover over the receptacles in rooms where children age
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five (5) and younger will be quartered.
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Fire drills are required once each month. Maintain fire drill log for future
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inspections.
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Use permit for large family daycare is required from the Planning
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Department prior to providing care for children.
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2. The
daycare home shall conform to Sections 802(c), 1218, and 1233(A) of the State
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Building Code.
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3. All conditions set forth in Section 21 -500 of the: Petaluma ,City Zoning Ordinance,
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including,
but not limited to the following, shall'be complied'with:
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a.
The proposed daycare home shall comply with applicable Building and Fire
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Code provisions, with applicable. Building Codes, Fire Code Standards
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_adopted by the City Fire Marshal, and with Social. Services Department
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licensing requirements (California Administrative Code, Title 22, Division
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b. Drop -off and pick -up of children at the proposed daycare home shall be
staggered to avoid burdening neighborhood with excessive traffic.
C. Noise generated from the propose daycare home shall not exceed established
standards and policies asset forth in thel General Plan, i.e., not to exceed Ldn
60 as measured outside "on neighboring property.
d. The use permit for lar e family daycare shall be reviewed after one year by
the Director to identi y and achieve mitigation of any adverse conditions
related to the daycare activities' conformance to these Zoning Ordinance
regulations. The Director may mitigate problems related. to noise, traffic,
parking, and code violations by imposing new conditions, such as limiting
hours of operation, requiring installation of solid fencing, subsequent or
periodic review, etc., at his /her discretion. The Director shall give notice of
this review to owners ,and .residents of property immediately adjacent to the
large family daycare to allow at least ten days for comment.
e. The facility will be operated in a, manner which will not adversely affect
adjoining residences. -
4. Outside play activities shall be restricted to a fenced area (e.g. rear yard).
II. CITY OF PETALUMA, WESTERN CHARTER BUS SERVICE, 67 MAGNOLIA
AVENUE, APN 006- 031 -15, FILE NO.'S 1.227 AND 5.462 Ukt).
Consideration of the operating characteristics of K & G Bus Transportation
Services, dba Western Charter Bus Service to determine whether revocation
proceedings should commence.
The staff report was presented by Jane Thomson.
The public hearing was opened.
SPEAKERS:
Nancy Cook 1 Freedom,Lane - read letter requesting State 1 Hazardous Survey occur.
Gary, Dutton - 12 Raintree Ct. - Impacts family - noise and odor 16 -18 hours per day.;
operates 7 days per week; not compatible with neighborhood.
Yvonne Angell - 10 Raintree Court Not compatible with adjoining uses; noxious .fumes,
noise, operates 7 days per week; already submitted 2 letters into record, would like annual
review.
Ed Sanchez - 4 Raintree Court - Applicant has ignored staff and neighbors; don't grant a
continuance, address this tonight.
Matt Hudson - Applicant's Attorney - Request a continuance to allow time to discuss
compromises with neighbors.
Commissioner Tarr - Any thoughts at this point to address concerns? How about a
Commissioner soundwall?
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.Bennett - Will use come into compliance during the 30 -day continuance?
Commissioner Torliatt - Suggest that buses start -up along Magnolia during 30 -day
continuance.
Commissioner Read - Who is the owner? (answer: Nielson) - Conditions have changed in
the area, this may not be an appropriate site any longer.
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1 Commissioner Rahman - Willing to grant a continuance, but. believes that this isn't a
compatible use " things have changed and use is no longer appropriate at the' site.
Commissioner Parkerson - CUP is old; applicant has had ample time to comply with
conditions; .use, may no loner be suitable at site.
Matte Hudson - Alternate sites are very difficult to find.
6 Commissioner Tarr - Continuance should be granted.
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8 The public hearing was continued to the Planning Commission meeting of February 9, 1993
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III. ROY FRYM AN D .ROBERT GIBSON, CARWASH ZONING TEXT
Al i ENDMENT, FILE ZOA92002 (dd).
1. A determination, that the, amendment to the Zoning Ordinance is not subject
to the provisions of CEQA pursuant! to Section 15061 of the CEQA
Guidelines.
An amendment to the .Petaluma Zoning Ordinance No. 1072 N.C.S. (as
20 amended) to -add "automobile washing" to the list of zoning definitions
21 (Section 1-203) and to add "automobilewashing ".as a. condition ally permitted
22 use in the M -L, Light Industrial District (Section 14 -41&).
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24 Jim MCCann presented the staff report.
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The :public hearing was opened.
SPEAKERS:
30 Commissioner Rahman - A need , exists for this user
31 Dick. Lieb - This ;use does, not fit, in a shopping_ center site.
32 Commissioner Read - No problem with concept, of an 'e astside carwash - thinks that
33 discussion should occur in conjunction with General.Plan review' (Zoning Ordinance.),
34 Commissioner Bennett - Agrees that discussion should as part of General Plan
35 update, not as an isolated special case.
36 Commissioner Tarr - Agrees, should be part, of General Plan update. .
37 Commissioner Tarr What is General Plan update status?
38 Commissioner Rahman Timing;of.status - within one year?
3 Planning Director Tuft - Discussion of scope and.''timing of General Plan review will be on
40 City Council. agenda within -next two months. Staff. anticipates, the General Plan review and
41 Zoning Ordinance rewrite will be undertaken and completed this year (1993).
42 Dick Lieh - Carwash is very water efficient; would like to participate in Zoning Ordinance
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44 Clayton Engstrom - 28 Post Realtor - Clients have pursued other
ma for'carwashes. the need. is
45 there,, there are very few appropriate sites in Petalu
46 Concensus was reached b y the Commission that this should - be .- addressed. during the
47 General Plan ieview and the Zonin g Ordinance rewrite.
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49 The public hearing was closed.
A motion was made by Commissioner Bennett and seconded by Commissioner Thompson
to deny without' prejudice the proposed amendment to 'the Petaluma Zoning Ordinance to
all automatic 1 4 4 matic carwashes s as a "Conditional Use in the M -L Zone based on the findings
listed: below:
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COMMISSIONER :READ: Yes
COMMISSIONER B'ENNETT; Yes
COMMISSIONER RAHMAN: Yes
CHAIRMAN PARKERSON: -Yes
COMMISSIONER TORLIAT T; Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR Yes
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1. The proposed ,amendment is in. direct conflict with the following Objectives, Policies
and Prograrims, of the General Plan: Chapter 3 Policy 20, Chapter 8 Objective (a),.
Policy 1, Program (1), Policy 2, Program (1.1), Program (2), Program (3);: Objective
(b), Policy 3, Program (7), Policy '13; because it ,would hermit low job4ntensity;
commercial uses in areas reserved for high job intensity industrial. uses; it would
encourage "strip commercial" d'eveloment along North McDowell. Boulevard, and
lead to the dispersion of commercial areas; it would conflict with existing`industrial'
uses; and it would decrease the land available for industrial workplace and product
exporting uses.
2. Public necessity, convenience and general welfare do not require or clearly permit
the adoption of the proposed amendment to add car washes to the .list of
conditionally permitted uses in `the- M-1, zone because there are already three more
appropriate commercial zones (C -N, C -C, and C -H) that conditionally permit car
washes.
PLANNING MATTERS
IV. CITY'OF PETALUMA ENVIRONMENTAL REVIEW GUIDELINES (ib;).
Consideration and recommendation to City Council. of' updated. Ertwonmental
R eview Guidelines establishing;- procedures,, I objectives and criteria for
irnplemeniation of the California Environmental Quality Act. (CEQA).
Jennifer Barrett presented the staff report.
DISCUSSION:
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Commissioners discussed update and found it to be thorough, clear and well-'done.
A motion was made by Commissioner Bennett and seconded by Commissioner Tarr to'
recommend to the City Council adoption of the ' Environmental Review Guidelines as
revised by staff incorporating changes recommended by the City Attorney.
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: Yes i
COMMISSIONER '.RAHMAN: Yes
CHAIRMAN PARKERSON: `Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR Yes
V. PLANNING COMMISSION PROJECT REVIEW FIELD TRIP (pt).
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2 Discussion of the need for a Commission field trip to view recently completed.
3 projects.
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7 DISCUSSION:
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9 Tentative dates (Saturday) and itinerary will be set by staff for Commission review.
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Cn LIAISON REPORTS
1. SPARC
2. Tree Committee
3. River Enhancement Committee
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21 PROTECT STATUS
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23 1. Washington Square - Commissioner Thompson noted that a crosswalk is needed at
24 Mervyns. Commissioner Rahman asked about drainage problems.
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6 2. Adobe Creek Approved by Council. o
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8 3. Factory Outlet
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31 ADJOURNMENT 9:15 PM.
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36 mino112 / peom22
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