HomeMy WebLinkAboutMinutes 02/09/1993357
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PLANNING COMMISSION
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8 February 9, 1993
9 7:00 P.M.
10 REGULAR MEETING NCIL CHAMBERS PETALUMA, CA
11 CITY COU
CITY HALL Tarr, Thompson,
COMMISSIONERS: Present: Bennett, Read, Parkerson ,Rahman,
Torliatt .
STAFF: Pamela Tuft, Planning Director
James McCann,. Principal Planner
Jane Thomson, Senior Planning Technician
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21 Chairman
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23 26, 1993 were approved as printed.
24 APPROVAL OF MINUTES OF January
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27 PUBLIC COMMENT: None.
28 League of California City C onference been ade for to ending
29 DIRECTOR S RE PORT: reservations have been
30 constraints, staff will not be attending;.lo Housing ding Do t Planning Director Tuft
31 Commissioners; Letter from Burbank Housing regar d field McDonald -designed
32 proj an expressed interest ect (Commissioner Raman m Commissioner Thompson
will video deo similar projects in Mountain View and Palo Alto; Planning Director Tuft
34 asked if the site was designated G g -dens
Planoreview will be discussed at upcoming City
35 indicated that it was.); 5 -year
36 Council meeting.
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38 COMIVIISSIONEWS REPORT: None.
39 CORRESPONDENCE: 2 additional letters regarding Western Charter Bus Service;
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41 Greensheet.
42 Was read.
43 APPEAL STATEMENT:
44 Was noted on agenda.
45 LEGAL RECOURSE STATEMENT:
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48 ; PUBLIC HEARING:
49 OLD BUSINESS:
50 ®F PETALUIVIA, WESTERN CHARTER D BUS T
5.462 O). 67 MAGNOLIA
51 I• AVENUE, AP NO. 006-031-15, FILE NOS 1.227 AN
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358 Planning Commission Minutes - 2/9/93
Continued consideration of the operating characteristics of K &G Bus
Transportation Services, dba Western Charter Bus Tours, to determine whether
revocation proceedings should commence.
The public hearing was opened.
SPEAKERS:
Jane Thomson presented the staff report.
Commissioner Rahman - Hours of operation are significant, are these buses used for ski
trips? If so, restricted hours can't work.
Commissioner Bennett Clarification regarding staff recommendations; what would
happen if we wait for six months?
Commissioner Thompson If we commence revocation prior to six- months, would business
cease operations at this location sooner?
Noreen Rin lg ein - 906 Pepperwood - Read letter from Magnolia Avenue Coalition
pertaining to revocation proceedings; do not delay, operations will still continue as is; lives
across the street, had no idea that bus operation was 24- hours; environmental concerns;
runoff into creek; noise, fumes;" revocation process should be speeded -up.
Gordon. Elie - 109 Magnolia ( Parklane Apartments) Parklane Apartment residents are
being ignored - have been waiting for 6 months; over 25 people signed a petition; wants
cleaner air,, less noise - do something now!
Keith Grimm - Western Charter Tours (not Bus Service) read prepared statement; has
been in business since 1958 in area; began business on Magnolia in 1977; customers dictate
operating hours; trying to be a good neighbor at this location; exhaust does not float over
this area of City from buses; Western Charter has made adjustments iii - operating hours to
be more compatible with neighborhood; has been making inquiries as to possible
relocation sites; no quick ready -made locations; ff any sites are known by any coalition
members, please contact me; we are looking for a new site in earnest (distributed copy of
prepared statement).
Matt Hudson - Attorney for Western Charter Tours - thought this whole process would be
a little simpler than it is turning out; 6 months might not be enough time if process goes
forward; Mr. Grimm is actively looking for a new site; effort to move could take 6 months;
yes, Western Charter will be moving as soon as possible; will agree that Use Permit will
expire on August 9, but operations will have to continue until then; need 6 more months;
City staff must give some help, must recognize the types of problems that this type of
business presents; again, willing to agree that the existing use permit will expire on August
9; City won't have to go through hearings if this extension can be agreed.
Commissioner Tarr - Hours are the major problem; can busses be stored at another area
soon?
Commissioner Bennett - Mr. Grimm's tone was different then Mr. Hudson's.
Mr. Hudson (to Mr. Grimm) - Do you agree with all have said?
Mr. Grimm - Yes.
Commissioner Rahman - What will happen if, on August 9, no new location has been
found?
Planning Director Tuft - Staff would be required to commence revocation proceedings and'
follow -up with nuisance abatement action.
Gary Dutton - 14 Raintree Court - Aware of fumes, noise, operations of bus company; lives
very close to bus activity.
Commissioner Tarr - (to Planning Director Tuft) please read Zoning Ordinance Section
regarding Use Permit Revocation.
Planning Director Tuft - Read Ordinance section requested.
Ed Sanchez - 4 Raintree - Owner has not acted to comply - proceedings should start now.
Kathleen Balistrini - 8 Raintree - no problems with business at this location in the last year.
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Planning Commission Minutes - 2/9/93
1 Andrea Hamilton - 6 Locust Court - lived in Magnolia Hills previously; would like business
to move soon.
Clark Dolan - 10 Raintree - Would like to find a way to help solve problem; would like to
know which sites have been looked at so duplicate work won't be done.
Commissioner Bennett - Revocation proceedings would take at least 6 months; others have
6 been going on at least one year; should take up offer from applicant to have Use Permit
7 expire in -6 months.
8 Planning - Director Tuft - Would like to discuss procedure with City Attorney; possibly a
9 legal a�re'ement could be executed.
10 Commissioner Rahman - All agree that use is incompatible; frustrated that this procedure
11 takes so long.
Commissioner Parkerson - Feels City should begin revocation proceedings now.
Commissioner Bennett - If applicant will legally agree to revocation of Use Permit in 6
months, l gal proceedings could begin at that time.
Commissioner Torliatt (To Mr. Grimm) How far along are you in your search?
Commissioner Bennett - We will get the same results with a lot less fuss; we should take
the applicant up on his offer.
Commissioner Read - Neighbors should be congratulated; procedure as recommended by
applicant is on good faith; use should not be allowed at this location; would like to have
20 something more (an agreement in writing) to insure that this will proceed.
21 Commissioner Tarr - Applicant can't agree to all proposed conditions.
22 Commissioner Torliatt - Again, where is applicant in moving process?
23 Commissioner Rahman - Applicant has already answered that he doesn't know how far
24 along he is until he finds a new location.
25 Commissioner Parkerson - Applicant has offered to cease use in 6 months, this should
resolve the matter; operating hours will still be a problem; should begin revocation
proceeding now?
Commissioner Torliatt - Would still like to hear from the applicant.
Commissioner Bennett - Agrees with Commissioner Tarr that an agreement should be in
30 writing.
31 Planning :Director Tarr - City Attorney needs to give direction.
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33 The public hearing was closed.
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35 A motion was made by Commissioner Thompson and seconded by Commissioner Rahman
36 to begin'ievocation proceedings unless legal agreement setting forth a sunset date of
37 8/9/93 to the existing CUP is reached or a Conditional Use Permit Amendment
38 application is filed within two weeks; in any case, the following conditions shall be
39 observed:
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41 COMMISSIONER READ: Yes
42 COMMISSIONER BENNETT: Yes
43 COMMISSIONER RAHMAN: Yes
44 CHAIRMAN PARKERSON: Yes
45 COMMISSIONER TORLIATT: Yes
46 COMMISSIONER THOMPSON: Yes
47 COMMISSIONER TARR: Yes
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49 1. During the period of revocation proceedings /suspension or the processing of
a Conditional Use Permit Amendment, the following conditions shall be
respected:
a. All bus mechanical maintenance work will be performed within the
54 enclosed garage.
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360 Planning Commission Minutes - 2/9/93
b. Bus engines will be warmed up near Magnolia Avenue.
C. Operating hours shall be confined to 7:00 AM until 8:00 PM.
2. Planning Commission to be updated on the status of this revocation.
II. HUDSON /COVEY, ATHLETIC EDGE SPORTING GOODS STORE, 260 WATER
STREET, AP NO. 006-284-36, FILE CUP920356kt).
Consideration of expansion of operating hours from 9:00 AM to 10:30 PM.
The public hearing was opened.
SPEAKERS:
Jane Thomson presented the staff report.
Commissioner Parkerson - How will we insure that parking spaces will be utilized by
proper businesses?
Planning Director Tuft - Would like to work with Mr. Couey to regulate /monitor parking
and identify existing uses.
The public hearing was closed.
A motion was made by Commissioner Torliatt and seconded by Commissioner Thompson
to amend the Conditional Use Permit to allow an expansion of hours of use from 5 PM to
10:30 PM; authorizing staff to work with applicant on possible reduction of parking
requirement based on actual use and projected need.
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes (Viewed tape of previous meeting)
CHAIRMAN PARKERSON: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR: Yes
PUBLIC HEARING
NEW BUSINESS
III. HOWARD /HEALY, VETERAN'S AUTO BODY AND TOWING, 715 PETALUMA
BLVD. SO., AP NO. 008-194-28, CUP92043(dh).
Request for two Conditional Use Permits to allow the establishment of an auto body
repair, painting and towing service to operate out of an existing warehouse in alight
industrial (M =L) Zoning district located at 715 Petaluma Blvd. South and to
maintain open storage of vehicles on the site.
1. Consideration of a Mitigated Negative Declaration.
2. Consideration of a Conditional Use Permits.
The public hearing was opened.
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Planning Commission Minutes - 2/9/93
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SPEAKERS:
Jim McCann presented the staff report.
Joseph Durney - 622 Second Street - Neighbors; concerns with noise, safety, toxics; area
6 drains onto property; fire safety concerns; traffic concerns with towing operations; should
7 not determine that environmental concerns are minor.
8 Jim McCann - Answers questions regarding hours of operation; fire safety, proposed
9 access.
10 Joseph Dunnev - Toxic fumes, odors have increased; how will that be addressed?
11 Jim McCann - Permit must be obtained from Bay Area Air Quality District.
(D Pamela Tuft - Staff can visit site with applicant to investigate.
C%) Robert Howard - Applicant - has. been refurbishing buildings, spray booth will exceed City
Fire Marshal and EPA requirements; body shop. will be state -of- the -art; business will be an
asset to community; is planning on moving to Petaluma within a few years.
Commissioner Read - Unclear staff report - signs are up, trucks are in the building and you
don't have a ' Use Permit! Will you do any auto repair? (answer no); How will you do
rotation towing and still comply with hours of operation? Towing will cause conflicts in the
neighborhood.
20 Jim McCann - All uses listed in staff report will occur to some degree.
21 Patricia Tuttle Brown - 513 Petaluma Blvd. South - Mr. Durney is not the only neighbor
22 who has :concerns with this use; would like to make sure that proposed uses will be
23 compatible with existing neighborhood - 24 -hour operations would not be acceptable.
24 Commissioner Tarr - How does police rotation tow work? (explained).
25 PlanningDirector Tuft - Towing operations can be further regulated; some conditions need
to be added and other clarified.
Mark Howard - Applicant - Described operation and answered questions.
Commissioner Torliatt - Will storage for 4 -5 cars be sufficient? (Answer, yes).
9 Commissioner Parkerson - Access should be from Petaluma Blvd., rather than 2nd Street.
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31 The public hearing was closed.
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33 A motion was made by Commissioner Bennett and seconded by Commissioner Rahman to
34 adopt a Mitigated Negative Declaration for an Auto Body Repair, Painting and Towing
35 Service based on the findings and with incorporation of the recommended mitigation
36 measures `listed below:
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38 COMMISSIONER READ: Yes
39 COMMISSIONER BENNETT: Yes
40 ,COMMISSIONER RAHMAN: Yes
41 CHAIRMAN PARKERSON: Yes
42 COMMISSIONER TORLIAIT: Yes
43 COMMISSIONER THOMPSON: Yes
44 COMMISSIONER TARR: Yes
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46 Findings
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48 1. The proposed project, as conditioned, will conform to the requirements and intent
49 of the Petaluma Zoning Ordinance.
2. The proposed project, as conditioned, will conform to the requirements and intent,
goals, and policies of the Petaluma General Plan.
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3. The proposed project will not constitute a nuisance or be detrimental to the public
welfare of the community.
Mitigation Measures
1. All necessary permits and approvals must be obtained from the Bay Area Air
Quality Management District in order to establish the spray booth.
2. Any new exterior lighting shall be designed to focus light downward and to limit
glare to adjoining properties.
3. Outdoor storage of tires shall be protected from rainfall or other sources of water to
limit the establishment of mosquito breeding areas.
4. All vehicles involved in accidents or other driving incidents resulting in or
potentially causin leaking mechanical fluids shall be drained of those fluids prior to
being placed and /or stored on the site.
5. All oils, gasses, and other potentially toxic and /or combustible materials shall be
properly disposed of.
A motion was made by Commissioner Bennett and seconded by Commissioner Rahman to
grant Conditional Use Permits to allow establishment of an automobile body repair,
painting and :towing service including outdoor storage of vehicles at 715 Petaluma Blvd.
South based on the findings and subject to the amended conditions listed below:
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
CHAIRMAN PARKERSON Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR: Yes
Findings
1. The proposed automobile body repair, painting and towing service, as conditioned,
will conform to the requirements and intent of the Petaluma Zoning Ordinance.
2. The proposed automobile body repair, painting and towing service, as conditioned,
will conform to the requirements and intent, goals, and policies of the Petaluma
General Plan.
3. The proposed automobile body repair, painting and towing service will not
constitute a nuisance or be detrimental to the public welfare of the community.
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Conditions
1. All requirements of the Fire Marshal's Office shall be complied with including:
a. Provide fire extinguishers 2A rated ABC dry chemical type as required by the
Fire Marshal.
b. Provide an approved automatic fire extinguishing system in each paint booth
as required in Article 45 of the 1988 Edition of the Uniform Fire Code.
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C. Permit required from the Fire Marshal's office for fixed fire extinguishing
systems. Two sets of plans are required.
d.: Post address at or near main entry door - minimum two inch letters.
e. All compressed gas cylinders in service or in storage shall be adequately
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secured to prevent falling or being knocked over (Section 74.107a of the 1988
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Edition of the Uniform Fire Code).
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f. No extension cords. All equipment and appliances shall be direct plug -in.
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g. Provide metal or flame retardant plastic waste cans.
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h. Provide absorbent material, containment drain and proper tools for handling
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spills.
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i. Provide KNOX box for key control located on building as required by the
Fire Marshal.
j.. Provide key with tag indicating address and suite number for KNOX box.
k. Exiting: exit ways and exit doors shall conform to 1988 Edition of the
Uniform Fire Code and the 1991 Uniform Building Code.
1.. Provide details and cut sheets for paint booth and manufacturer of paint
booth.
m. Paint booth shall comply with requirements of electrical code, building code
and mechanical codes.
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21 2.
All requirements of the Building Division shall be complied with, including:
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a.,' The site plan at time of building permit submittal, shall be dimensioned and
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show handicapped path of travel, site drainage, grading topography, and all
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utilities.
b. Building permit application shall indicate Uniform Building Code group
occupancy, type of construction and square footage.
C. Plans shall show compliance with 199.1 Uniform Building Code, Uniform
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Plumbing Code, Uniform Mechanical Code, 1990 National Electric Code
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and California Title 24 Amendments.
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do The paint spray booth shall comply with the Bay Area Air Quality
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Management District's requirements.
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34 3.
Dimensions of driveway and approach shall be shown on plans submitted at time of
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building permit.
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37 4.
All requirements of the Police Department shall be complied with, including:
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a. Exterior doors should be deadbolted, with metal plates covering the door
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lock mechanism to prevent prying.
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b. A list of emergency contact phone numbers should be left with the Police
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Department.
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C. Interior motion sensitive lighting should be installed in the office area to
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alert police patrols of movement within. the building.
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d. Exterior motion sensitive lighting should be installed around the perimeter
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and near the top of the building to alert police patrols of persons on the
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property after hours.
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49 5.
All floor drains require installation of interceptors, subject to review and approval
of "EOS staff.
111 6.
A11 requirements of the Sonoma County Public Health Department shall be
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complied with, including:
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a. Conditions should be obtained from Air Pollution Control District for spray
booth.
b. Any tire storage should be protected from rainfall for mosquito breeding
prevention or removed frequently to an approved site.
C. Contact Nancy Lingafeldt of Environmental Health to determine
applicability of Hazardous Waste Generator Permit.
7. All vehicles involved in accidents or other driving incidents resulting in or
potentially causin leaking mechanical fluids shall be drained of those fluids prior to
being placed and /or stored on the site.
8. All oils, gasses, and other potentially toxic and /or combustible materials shall be
properly disposed of.
9. No vehicles shall be stored on the site for more than 45 days.
10. No activities falling under the category of "autowrecking yards" per Section 1 -203 of
the City Zoning Ordinance shall be permitted.
11. Working on vehicles outdoors shall not be permitted.
12. The parking area shall be striped to City Standards to provide at least fifteen (15)
parking spaces prior to Certificate of Occupancy.
13. 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.
14. A 24 wide landscaped planter shall be . established within the required setback
adjacent to the fence at the entry to the site and along the Westerly and rear
property lines. Planting consisting of screening shrubs and climbing vines shall be
installed in this area. A Landscape Plan shall be submitted for approval by the
Planning Director and landscape improvements installed prior to occupancy and
convenient use.
15. All planting shall be maintained in good growing condition. Such maintenance shall
include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash,
fertilizing and regular watering. Whenever necessary, planting shall be replaced
with other plant materials to insure continued compliance with applicable
landscaping requirements. Required irrigation systems shall be fully maintained in
sound operating condition with heads periodically cleaned and replaced when
missing to insure continued regular watering of landscape areas, and health and
vitality of landscape materials.
16. Signs are not approved as part of this project. Sign permits must be obtained
through the Building Division, and be designed to conform with the Zoning
Ordinance to staff satisfaction.
17 Hours of operation to be Monday through Friday, 8.00 AM to 5:00 PM and Saturdays
8:00 AM to 12:00 Noon. After -hours access for towing shall be from Petaluma Blvd.
North and shall consist of delivering the vehicle to the front portion of the yard with no
other activities permitted after 5:00 PM.
Planning; Commission Minutes - 2/9/93
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18. This Use Permit shall be for auto body repair to include only associated minor
mechanical /electrical repair.
19. Access shall be predominantly from Petaluma Blvd. South only with no access after
6 working hours from 2nd Street.
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9 IV. CITY OF PETALUMA.
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11 Zoning Ordinance interpretation regarding Section 16.300 -Zero Net Fill Provisions.
The public hearing was opened..
SPEAKERS:
Planning; Director Tuft - Presented the staff report.
Commissioner Bennett - Was this street repaved or was it new pavement? (answer, existing
pavement).
20 Planning,. Director Tuft - Has received questions regarding paving from residents of Leisure
21 Lake Mobilehome Park - most were referred to State Agency regulating Mobilehome
22 Parks.
23 Cathy Stewardson - 300 Stony Point Road No. 428 - All residents of Leisure Lake were
24 assessed ''a large amount for repaving; now there has been flooding (since September of
25 1992); with asphalt overlay, street height was raised 2 inches; created pooling problems; no
5 drainage;; were not followed by property owner.
Commissioner Thompson - Are streets private? (answer, yes).
Planning Director Tuft - No permit required for asphalt overlay on private or public street -
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k Thomas Hargis (City Engineer) concurs.
30 Willis Henry- 300 Stony Point No. 218 - yards were at street level, now yards do not drain;
31 135 homes in park.
32 Commissioner Parkerson - Issue here is the Zero Net Fill Policy.
33 Planning 1)irector Tuft - Ponding problems are not relative to Zero Net Fill, but property
34 owner is.aware of the problem.
35 John Fitzgerald - Property owner's Engineer - Overlay project usual procedure is to correct
36 problems;after ponding is identified; question tonight is whether overlay is included under
37 Zero Net Fill Policy; answered questions; overlay is maintenance only, not new
38 construction.
39 Commissioner Rahman - When pooling is being repaired, will any drainage be corrected?
40 John Fitzgerald _ - No, the park was not designed (years ago) with any elaborate drainage
41 system.
42 Don Hoefs - 300 Stony Point Road, No. 516 - (to Mr. Fitzgerald - Did the owner describe
43 overlay as maintenance or capital improvement? (answer from Mr. Fitzgerald -
44 Maintenance). Planning Director Tuft - Zero Net Fill Policy does not pertain to Leisure
45 Lake only, it applies to a much larger area upstream of the Payran Street bridge.
46 Commissioner Thom son - Can City of Petaluma contact State on Leisure Lake behalf?
47 Plannin;Director_Tuft - Yes, we can.
48 Don Hoefs - State told residents to call the City; City says to call the State.
49 Commissioner Tarr - Where did this regulation come from originally, FEMA?
0 Planning -Director Tuft - Yes.
1 Commissioner Tarr - FEMA should then be contacted for their original intent.
2 Commissioner Read - Paving was described in the original definition for a reason, we
3 should find out from FEMA what the original intent was.
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Commissioner Thompson - In reading definition of development, maintenance isn't
included.
Commissioner Bennett - FEMA should be contacted for original interpretation; problems
with internal drainage on that property.
Commissioner Parkerson - Agrees, FEMA should be contacted.
Planning Director Tuft - Will contact FEMA - recommends continuing this item to the first
item on next agenda - February 23.
The public hearing was closed.
This item was continued to the Planning Commission meeting of February 23.
V. LIAISON REPORTS:
1. SPARC
2. Tree Advisory Committee
3. River Enhancement Committee
This item to be listed on second meeting of each month only.
V. PROJECT STATUS:
1. Parcel Maps - changes will become effective 30 days after Council approval
on 2/16/93.
2. CEQA Procedures City Council - Petaluma River Council letter received at
last meeting, item will return m Planning Commission on February 23.
3. Cardroom Urgency Ordinance - Concerns /additional regulations to be
considered at the Council meeting on 2/16.
4. Delta Battery - Still operating - does not have a valid Use Permit, staff will
proceed with Nuisance Abatement procedure.
ADJOURNMENT 10:30 PM
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