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HomeMy WebLinkAboutMinutes 07/24/1990p , REGULAR MEETING July 24, 1990 CITY COUNCIL CHAMBERS 7:00 P.M. CITY HALL PETALUMA, CA The Planning Commission encourages applicants or their representatives to be available at the meeting to answer questions so that no agenda item need be deferred to a later date due to a lack of pertinent information. CD G) COMMIS'S PRESENT: Woolsey, Bennett, Parkerson, Read, Tarr *, Thompson 0 COMMISSIONERS ABSENT: Libarle STAFF: Warren Salmons, Planning, Director V Pamela Tuft, Principal Planner Marty Strauss, Associate Planner Jenny Cavanagh, Assistant Planner * Chairman MINUTES OF July 10, 1990 were approved with corrections to pages 3 and 17. PUBLIC COMMENT: None. DIRECTOR'S REPORT: None. COMMISSIONER'S REPORT: - Welcome to new Commissioners Thompson and Woolsey. CORRESPONDENCE: Correspondence between City and homeowners regarding modular housing; amended conditions regarding Magnolia Terrace; Petition from Bodega Avenue homeowners. APPEAL STATEMENT: Was read. 4 I. COMMISSION REORGANIZATION. 1. Election of Chairman. 2. Election of Vice Chairman. 3. Appointment of SPARC representative. 4. Appointment of River Committee representative. I I Election of Officers Commissioner Parkerson nominated and Commissioner Read seconded nomination of Commissioner Tarr for Chairman. The vote was unanimously in favor. 1 209 IN , 210 Commissioner Bennett nominated and Commissioner Parkerson seconded nomination of Commissioner Read for Vice - Chairman. The vote was unanimously in favor. Appointment of SPARC_representative was continued to next meeting Appointment of River Committee `Representative Commissioner Read nominated and Commissioner Parkerson seconded nomination of Commissioner Bennett as Planning Commission River Committee Representative. Commissioner Bennett accepted the appointment: Commission thanked Commissioner Bennett for serving as last years' Chairman. OLD BUSINESS CONTINUED PUBLIC HEARING II. EDWARDS /MOGEL, MAGNOLIA TERRACE, MAGNOLIA AVENUE', AP NO. .006-012-15,20 AND 006 - 402 -08, FILE N0'.6.9520c). L Consideration of EIQ. 2. Consideration of rezoning to PUD. 3. Consideration of tentative subdivision map to create twelve single - family lots. The public hearing was opened. SPEAKERS: Commissioner Tarr Questions regarding widening of Magnolia. Bill: Edwards - 2515 Eastman Lane - Owner. /Applicant would like street to be public, rather than private; will be proposing to use CC &R's similar to Nizibian Subdivision; wants to plant more desirable plants in creek corridor. Commissioner Read - Could lot near' Cherry Street be a flag lot with access from Cherry? Bill Edwards - No - garage would have to be, removed; driveway would be too close to existing house. Bonnie Mogel - Project Engineer - Answered. questions regarding riparian improvements at creek - 250 trees proposed to, be planted•, lots'very large bordering creek; would like public street; cul -de -sac parking island will be included; improvements along Cherry Street - applicant feels improvements asked for 'by Engineering are excessive due to lack of .impacts. Commissioner Tarr - Concerns regarding safety of turning off of Magnolia into project. DorothyTanZ1 - 858 Cherry Street - owns property` backing onto this subdivision; willows are encroaching onto her property - Mr. Edwards has not remove willows °neighborhood concerns -wants willows removed. Bill Edwards - Removed the willows 2 -3 years ago - will remove them again., Dorothy Tangg - 85& Cherry Street Mr. Edwards has never removed willows does not believe owner will actin good faith on this project. Jeff Woodward - 555 .Magnolia - Will lots with creek be privately owned? . if „ so, how will assurances for maintenance be guaranteed? Jenny Cavanagh - City Project Planner - Scenic easement will be dedicated to the City. 2 211 Commission Discussion - Alan Tilton - Answered questions regarding frontage improvements on Cherry Street. Commissioner Parkerson - Tree preservation important. Commissioner Read - Should some lots be eliminated to provide adequate on- street parkin? Commissioner Thompson - May be too many lots in subdivision. General discussion regarding elimination of one lot in subdivision; private vs. public street. John Messerve - Horticultural Associates - Willow removal, cutting and chemical treatment required. (0 The public hearing was closed. A motiots on, was made by Commissioner Read and seconded by Commissioner Bennett to O A m end to the City Council adoption of a mitigated negative declaration based on the findings listed below: U Q COMMISSIONER WOOLSEY :Yes COMMISSIONER READ: Yes COMMISSIONER PARIKERSON: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER BENNETT :Yes COMMISSIONER LIBARLE:Absent CHAIRMAN TARR:Yes Findings 1. The project, as conditionally approved, does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 2. The; project, as conditionally approved, does not have the potential to achieve short - term to the disadvantage of long -term, environmental goals. 3. The project, as conditionally approved, does not have impacts which are individually limited, but cumulatively considerable. 4. Di6l project, as conditionally approved, does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. S. The traffic impact of this twelve - unit subdivision will. be slight, relative to the required improvements and capacity of the. existing road network and the impact of the'subdivision will be mitigated through conditions of approval. 6.- - -The} potential adverse drainage impacts of the project are adequately mitigated through conditions of approval. 7. Conditions of approval and site design adequately mitigate potential adverse impacts on the scenic qualities and plant species of the site. 3 212 A motion was made by Commissioner Parkerson and seconded by Commissioner Bennett to recommend to the, City Council approval of the rezoning of 'M gnolia Terrace from R -1 6,500 and R -C to Planned Unit District (PUD) based on the findings listed, below! COMMISSIONER. WOOLSEYYes COMMISSIONER, READ: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER BENNETT:Yes COMMISSIONER LIBARLE:Absent CHAIRMAN TARR :Yes Findings: 1. That the proposed rezoning is consistent with the General. Plan. 2. That public necessity, convenience, and general welfare permit the adoption of the proposed amendment. . A motion was : made by Commissioner Parkerson and seconded by Commissioner Bennett to recommend to the City Council approval of the Development Plan based on the findings and subject to the amended conditions listed below: COMMISSIONER WOOLSEYYes COMMISSIONER READ: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER T iOMPSON: Yes COMMISSIONER BENNETT :Yes COMMISSIONER LIBARLE:Absent CHAIRMAN TARRYes Findings 1. That the d_ evelopment plan as conditioned, results in a more desirable use of the land, and a better physical environment_ than would be possible under any single zoning district or combination of'zoning districts. 2. That the plan for the proposed development, as conditioned, resents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility. 3. That the natural and scenic qualities of the site are protected, with adequate available public and private spaces designated ofi the Unit Development Plan. 4. That the development of the subject property, *in the manner proposed by the applicant and conditioned by the City, will. not be detrimental to the public welfare, will `be in the best interests of the City, and will be in „keeping with the general intent and - spirit of the zoning regulations of the City of Petaluma and with the .Petaluma Oeneral Plan. ME 4 5. T}at the PUD District is proposed on property which has a suitable relationship to one (1) or more thoroughfares (Ma olia Avenue);,, and that said thoroughfares are adequate to carry any additional traffic generated by the development. 6. That the most logical development of the land requires that lots be served by a private street due to a wet weather stream and associated riparian habitat._ _ Conditions: 1. Linda Gail Court shall be a private street with a width of 20 feet where the road bridges the creek at-4he-- bfid#e. Street shall transition to 32' curb -to -curb width Co outside of the identified .riparian area. All information required by Municipal Code M Section 20.28.020 for private streets shall be included with final map submittal. 0 Improvements (including culvert inlet and outfall design, Magnolia Avenue frontage and storm drain improvements, and Linda Gail Court) shall be designed to retain U the creek environment in as natural a state as possible; to minimize grading; and to minimize impacts on: the riparian environment. The transition to natural grade at they back of sidewalk shall utilize rounded contouring -techniques and shall occur as far, north as possible. A biological mitigation plan (to include revegetation, monitoring and maintenance) for the riparian habitat area shall be approved by staff prior to application for Final Map. All shall be subject to review and a provat by staff and by Horticultural Associates or another staff- approved arborist ( to be borne by applicant). 2. All'restoration, erosion stabilization and enhancement work either proposed and /or required along the waterway shall be subject to review and approval by all appropriate regulatory agencies to determine compliance with the City- adopted Pop to retain the creek , in a "natural state." Work shall be completed prior to issuance of the first Certificate of Occupancy, weather permitting. A monitoring program shall be required for five years following installation of mitigation plantings and shall be prepared by the developer prior to Final Map application. Monitoring program shall be subject to regulatory agency and City staff review and approval prior to Final Map approval. 3. Lots 1 and 10 shall be enlarged and building envelopes modified so that the buildable area incorporates only the outer edge of the riparian habitat, (i.e., a minimum setback of 50 feet from the centerline of the creek), subject to staff review and approval. If the Sonoma County Water Agency creek /setback (measured from the toe of the st r 3 mbanh outward a distance of 21/2 times the height of the streambank plus 30 feet 0 feet outward from the top of the streambanh whichever is greater) is greater than 50 feet from the centerline of the creep then the Water Agency setback shall apply. 4. Prior to final map approval, CC & R's shall. be developed for the project which shall be 'subject to approval by Planning and Engineering staff, and the City Attorney, and shall include the following: a. Responsibility for perpetual maintenance of the private street (Linda Gail Court), street. tree planter strip, bridge, and storm drain and open space /scenic easement. b. Perpetual maintenance of the private drive serving Lots 4 and 11. 5 214 5 III 7. C. Perpetual maintenance of the private storm drain system. d. Reference to PUD Development Standards. The following mitigation measures recommended by Horticultural Associates in the Biotic Study. dated June 4, 1990, shall be incorporated to staff approval: a. Revegetation of areas damaged or destroyed by construction of access or storm drains shall be implemented to restore full habitat value. b. Following design approval, a system to monitor and_ inspect construction activities shall be required. This shall include precise definition of protected areas; rigid fencing of those areas,, and monitoring development to ensure protection in those specified areas. C. All Coast Live Oaks located along the we-stem boundary shall be preserved. Temporary protective fencing with in- ground poles shall be erected at the drip line of all trees to be preserved. The fencing shall be erected prior to any grading /construction, activity and subject to staff inspection prior to grading permit issuance. Any landscaping or retaining walls within the public right =of -way shall be the responsibility of the respective individual property owners. Public access easements shall be provided for the sidewalk to be. 'located on the private street. 8. PUD Development Standards /Design Guidelines shall be developed for the subdivision and shall be subject: to SPARC review prior to Final Map approval with particular emphasis on the following: a. Building envelopes shall be revised to provide a variety of front, rear, and side setbacks. b. Identification of options and /or restrictions applicable to homeowners relative to the construction of building additions, permitted detached accessory structures .or other improvements (i.e., decks, patios, spas, pools, etc.). C. Garage conversions shall be permitted. However, provisions for replacement of off- street covered parking shall be required. d. Accessory dwellings shall be permitted subject to applicable regulations contained in the Petaluma Zoning Ordinance, e. Strive to maintain privacy for existing residential uses and create privacy between new residences to the degree found in a typical single- family residential district. Factors to consider would include proper placement of' second story windows, landscape screening etc., in relation, to respective setbacks from and topographic differences between adjacent uses. f. Front yard, right -of -way and private street landscaping; revegetation of creek area. 2 pr g. Driveway location; and parking adequacy, particularly evaluation of need for additional off- street parking due to limited on- street parking. h. Quality of design and materials; compatibility with neighborhood. i. In order to minimize grading, houses shall be designed to closely conform to the natural terrain of the site and kept as close to natural grade as possible. j. Decorative six foot high (as measured from grade of the project site) solid fencing shall be provided around the project site perimeter and around all private lots, subject to the setback requirements specified in the Zoning Co Ordinance, and subject to design approval by staff. Fencing may be 8' high if (3) top 2' are 50% open (Le. lattice, etc.). Perimeter fencing shall be installed by O the developer at the time public improvements are constructed and may be supplemented by existing fencing if deemed appropriate by staff. Private lot fencing shall be installed as part of the development of each individual lot. U Q k. Compliance with PUD Standards /Design Guidelines shall be subject to staff determination concurrent with building permit review. 9. A landscaped parking island shall be provided in the cul -de -sac bulb if deemed feasible by the Engineering Department and Fire Marshal. 10. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code performance standards (noise, dust, odor, etc.). 11. In the event that archaeological remains are encountered during grading, the work shall be halted and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. 12. All requirements of the Fire Marshall shall be complied with, including: a. Relocate fire hydrant as shown on plans (on file in the Fire Marshal's and Community Development Department offices). 13. All requirements of the Building Division shall be complied with, including: a. Where ground slopes greater than.1 on 10, foundation shall be stepped per Uniform Building Code 2907(c). b. Soils with expansion index greater than 20 requires special design foundation per Uniform Building Code 2904(b). C. Show site drainage and grading topography. d. Indicate all utilities on site plan. e. Verify utilities are adequate for building (i.e., size of water, electrical and gas service and size of sewer). f. Driveway gradient shall comply with Ordinance No. 1533/1982. g. Responsible party to sign plans. 215 7 216 h. Submit soils report to verify foundation design. L Grading must be certified prior to issuance of building permits. Concrete "V" ditch detail required. 14. All requirements of the Sonoma County Water Agency shall be complied with, ,including: a. The Tentative Map is proposing drainage design shall be in conformance with the Sonoma County Water Agency Flood Control Design Criteria. 15. All ; requirements , of the Pacific Bell, as specified in the letter dated 'September 5, 1989, shall be complied with. 16. Any signs erected to advertise or direct persons to the project shall meet the requirements of the'Cty sign ordinance and obtain a sign permit from the City. A motion was made by Commissioner Bennett and seconded by Commissioner Read to recommend approval to the City Council of the Tentative Subdivision Map based on the findings and subject to the amended conditions listed below: COMMISSIONER WOOLSEY:Yes COMMISSIONER READ: Yes COMNIISS'IONER. PARKERSON: Yes COM_NIISSIONER THOMPSON: Yes COMMISSIONER BENNETT:Yes COMMISSIONER LI$ARLE:Absent CHAIRMAN TARR:Yes Findings for Tentative Map 1. The proposed subdivision, "together with provisions for its design and improvement, is consistent with the General Plan. 2. The proposed subdivision is compatible with the objectives, policies, general land. uses and programs specified in said General Plan. 3. The site is physically suitable for.the type.of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The tentative map provides reasonable access to , the , proposed lots. 6. The proposed map; subject to the- following conditions, complies with the requirements of the Municipal Code, Chapter 20:16 and the Subdivision Map Act. 7. The design of the subdivision and the proposed. improvements ,therefore will not cause substantial environmental damage, and no substantial or avoidable injury will occur°to fish or wildlife, or their habitat'. ffz 217 8. The design of the subdivision and the type of improvements will not cause public health problems. Tentative 'Map Conditions 1.. An open space /scenic easement shall be provided for all areas of Lots 1 and 10 north of the approved (modified) building envelope. Said easement shall be subject to staff review and approval and shall incorporate the following: a. No grading, fencing, development, paving, structures or non - native vegetation shall be allowed, except in conjunction with Magnolia Avenue W street improvements as approved by staff. CD b. Any alteration to land which is not specifically included in Item a but which is 0 within said easement shall be subject to review and approval by Community Q Development Department staff. U 2. The project sponsor shall execute a binding agreement which shall stipulate that upon close of escrow of each residential dwelling unit in Magnolia Terrace, developer shall pay $150.00 to the City per daily trip end estimated to be generated by said - unit. Each unit is estimated to generate 10.0 trip ends per day. If the City establishes a Major Facilities Traffic Mitigation Fee prior to close of escrow of any unit(s), the fee for said unit(s) and all subsequent units in this project thereafter be the Major Facilities Traffic Mitigation Fee. 3. Public utility access and easement locations shall be subject to approval by PG&E, Pacific Bell, and other applicable utility and service companies and the City Engineer and shall be shown'on the Final Map as necessary. 4. Street name shall be subject to City Street Name Committee approval prior to Final Map approval. 5. In addition to Storm Drainage Impact, the following Special Development Fees shall also be applicable to this project: Community Facilities, Park and Recreation Land Improvement, and School Facilities. 6. Applicant shall be responsible for complying with General Plan program regarding provision of affordable housing units. One option for compliance is payment of In- Lieu Housing fees. 7. All requirements of'the Engineering Department shall be complied with, including: a. The developer shall comply with the Petaluma Municipal Code Section 20.36.010 and 20.36.020 which require the developer to pay storm drainage impact fees (as calculated in Chapter 17.30) on construction in all sections of the City of Petaluma. b. Prior to the approval of the final map for this development, the applicant's engineer shall verify the capacity of the existing six inch sanitary sewer located in Cherry Street and along the rear of lots one through four. Upgrading at the developer's expense shall be required if the sewer line is inadequate to serve the proposed subdivision. This main shall be relocated if possible through the private driveway between lots three and four and tied to proposed sewer in Linda Gail Court. 4 9 218 C. If the creek, located in the northern portion of the development is to remain in a natural state, provisions to ,handle the hundred year flood flows shall be required and designed to the satisfaction and approval of the City Engineer and Sonoma County Water Agency, including all structures crossing this creek. The developer's engineer shall verify these improvements will not cause downstream flooding on adjacent properties. d. Frontage improvements at time of recordation (curb, gutter, sidewalk, underground utilities, pavement, etc.) shall be constructed across the Cherry Street frontage. and continued westerly to its connection with the existing . improvements. It is recommended the City Council approve a street payback agreement for these off -site improvements. , e. All street lights °used within this development shall have standard metal fixtures, dedicated to the City for ownership and maintenance. Prior to City acceptance, the developer shall verify all lights meet PG &E's L S2 rating system. f. Signing and striping shall conform to City standards. g. This development shall .contribute a proportionate share of the cost of the proposed County Agency Drainage Plan ro osed Sonoma. Court Water A en master Drains zm rovements for the Cherry/Magnolia system. 'Contribution shall, be determined on the ratio of runoff from site to runoff frorn the watershed. This amount shall be calculated by the developer's engineer to the satisfaction of the City Engineer and contributed prior to the Certificate of Occupancy of the first house. h. Magnolia Street improvements shall continue across the. entire street frontage and conform to the. existing street improvements at both the east and west property boundary. i. All city owned and maintained sanitary sewer mains located on private property shall be contained within a 10 foot'paved easement dedicated to the City. 8. The Tentative Map shall be amended prior to submittal for 'Final Map review and approval to reflect all applicable modifications required under the PUD Conditions of Approval. Said :map amendment shall meet specifications o,f the City Engineer and Community Development. Director and shall also incorporate any SPARC conditions of approval pertinent to the map. 9. Any- labeling errors or other erroneous information appearing on the map, development or landscape plans shall be corrected prior to Final Map approval. 10. All hazardous materials (as recognized' by the City Fire Marshal) utilized on the construction site(s) shall be kept within' a fenced, locked enclosure, subject to review .. and approval of City staff. 11. Applicant /owner .to 'make good faith effort at Willow tree eradication, If problems arise, this aspect will be returned to Commission. 10 21 ti. NEW BUSINESS PUBLIC HEARING'S III. BOMIKE DEVELOPMENT CORPORATION, BODEGA VISTA II, UNIT 2, BODEGA AVENUE NEAR WEBSTER, AP NO. 006 - 221 -57, 58 FILE NO. 3.374A(gb). 1. Consideration of PUD amendment to allow administrative Site Plan and Architectural Review ( SPARC) instead of full SPARC for five single - family residential lots. (D The public hearing was opened. , M 0 SPEAKERS: Wayne Prange - 25 Wallace Court - would like full SPARC review to allow as much. V neighborhood input as possible. Brian Halloran - Applicant - Would like Administrative SPARC review - is working with Wallace Court neighbors; concerned about undue delays with full SPARC; neighbors may cause delays; Bodega Vista Guidelines in place.. Wayne Prange - 25 Wallace Court'- Has not been contacted by developers - wants more interface with developer. John Sarter - Developer - concerns with SPARC design apprehensive about SPARC process. Commission Discussion Commissioner Parkerson One of most visible hillsides in Petaluma - needs SPARC review. The public shearing was closed. A motion was made by Commissioner Bennett and seconded by Commissioner Thompson deny request to allow Administrative SPARC review instead of full SPARC review for single- family residential lots in Bodega Vista H. s COMMISSIONER WOOLSEY:Yes COMMISSIONER READ: Yes . COMMISSIONER PARKERSON: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER - BENNETT:Yes COMMISSIONER LIBARLE:Absent CHAIRMAN TARR:Yes IV. SHELL OIL COMPANY, 900 PETALUMA BLVD. NORTH, AP NO. 150- 011 -05, FILE NO. 1.624AUc). 1. Consideration of EIQ. 2. Consideration of conditional use permit to allow a carwash addition to an existing service station. The public hearing was opened. 11 220 SPEAKERS: Alan Tilton - City Traffic Engineer - Answered questions regarding intensification of use; has not analyzed this use with conveyor -type of operation which will cause more traffic; current site plan superior to original plan. Greg Freitas Urban, Planning Associates - Owner's. planning consultant - have brief history of project; described proposed operation of carwash; problems with conditions 3b(hard. to comply with), 3e (problems, with delivery of fuel, etc.). Roy Frym - Raintree Carwash - not enough room on property for carwash; does not mind Herb Wiener - Applicant rollover type carwash takes approx. 2 1/2 mins., conveyor (tyke proposed) takes approx. 2 wins; described operation of conveyor carwash - better quality wash; no problems with driveway exit /enter; does not want rollover type carwash. Greg Fretas All information was submitted previously. Roy F= - Raintree Warwash - restated objections to'thiIs project. Herb Wiener - described traffic flow. Commission Discussion Commissioner Woolsey - What makes type of carwash.ancillary or primary? Commissioner Read - Not in.favor of conveyor °system on.this site. Commissioner Thompson - The issue is not which type of carwash can be allowed, but do we want- a- carwash at this site at all? Commissioner Woolsey - Agrees with staff analysis. Commissioners Tan, Bennett Parkerson - Would like to re- review after City Traffic Engineer reviews `this project as a conveyor system. Commissioner Woolsey - What difference would type, of wash system make? Commissioner Thom - Would like to act now. Commissioner Parkerson - Would like more time. Commissioner Bennett - Traffic information was analyzed incorrectly. The public.hearing.was continued to the Planning. Commission meeting of September 11 to allow a traffic analysis.on the conveyor type of system. V. CITY OF PETALTMA. 1. Consideration of miscellaneous Zoning Ordinance text, amendments addressing the followings. Riverfront /Warehouse District; Recreational Uses in Agricultural District; Signs; General Plan /Zoning Consistency; Junkyards; 1. Floodway /Floodplain Districts; SPARC review of`Driveway %Parking Facility Design and Architecture; approval of Residential Projects Accessory Dwellings; Tree Preservation; Bed &. Breakfast Inns Parking. The public hearing was opened. SPEAKERS: None.. The public `hearing was closed. (Items. 1, Automobile ,Service Stations and' Car.w sh Operation; 3, Sign Area. Calculations for Shopping Centers; and 16, Accessory Dwelling, were continued to the Planning Commission Meeting of September 11, 1990.) 12 221 A motion was made by Commissioner Read and seconded by Commissioner Bennett to recommend to the City Council approval of a Negative Declaration for Items 2,6,8 and 13 for the proposed Zoning Ordinance Text Amendments pursuant to Section 15074 of. CEQA Guidelines, finding no significant negative impact on the environment and to recommend approval of the proposed Zoning Text Amendments mentioned above, as amended, 'based on the following findings: COMMISSIONER WOOLSEY:Yes COMMISSIONER READ: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER THOMPSON: Yes Co COMMISSIONER BENNETT:Yes M COMMISSIONER LIBARLE:Absent o CHAIRMAN TARR:Yes ' Findings U Q 1. The proposed Zoning Text Amendments are consistent with the City of Petaluma General Plan. 2. The proposed Zoning Text Amendments are not detrimental to the health, safety, or welfare of the public, nor detrimental to the orderly economic development of affected properties. II AGRICULTURAL DISTRICT 1. - Amend Section 5 -403, Conditional Use, Agricultural District, to read: 5 -403. Private, recreation areas, uses and facilities of a low impact, predominantly open space nature, :ec+eaten- - ar-eas, use-&- -an44aeih4p including, but not limited to, country clubs, swimming pools, and golf courses. 2. Amend Section 5 -407, Conditional Use, Agricultural District, to read: 5 -407. Public and quasi - public buildings or structures and uses of an administrative, educational, religious, cultural, low impact, open space recreation, or public service type. 01 SIGN PERMIT APPLICATION SUBMITTAL REQUIREMENTS 1. Amend Section 26 -902 - Application for Permit, Sign Permits of the City of Petaluma Zoning Ordinance, to read: . Section 26.902 - Application for permit Application for permits shall be made upon blanks provided by the City and shall contain or have attached thereto the fallowing ° 13 222 information requested on the application;, or additional information as deemed necessary by the Director to process the application. - - - -- Nam- addFess- and4el oEe- HUFF -Of 4he - appke-a.nt: $: ------ oealio }leg;ttet- $r- 4etaicl}- o� -pc�- i'e -h -e -sig .. _ ot�F- ad�er# is�get�e- }s- to-�e$ttac�ied$r- e�eEted; E:------ flsit }oFr- o€- e- �igF� -or- oieF -- advertising- setr�---- Fel�or- © -earb btiildiags -of - s €FwttrFes appF ©pr4ate4o-the- installa -tie*,: E- - - - - -- a eraf- peFSon f ; -o gorati -o - assc�eiatiorrere t g-stF Fe; F7 Wtertonsent e t awr-o€ Abe- bxildrg ©F- 1a- which�r - ©a which4to -stFu.etuFeis-to- bey -ee -t Q ------ An}= eleetfic -al-per -r-eguired; w lianee�with -. ♦ ,. VIII GENERAL PLAN /ZONING CONSISTENCY Add Section 2 -312, General Plan and Zoning Inconsistency, General Provisions, to the Zoning Ordinance as described below: Section 2 -312. Applications for General Plan amendments and /or zoning amendments, when approval will result in an inconsistency between the General Plan and zoning shall be submitted by the applicant at the same time, along with any other required: applications, to maintain consistency between the General Plan and zoning. Said General Plan .amendments and ,zoning applications shall be processed simultaneously, whenever feasible. XIII FLOODWAY AND FLOOD PLAIN DISTRICTS 1. Amend. Section 16 -300 Definitions to read as described below. a. "Development" means any man-made change or improved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, permanent_ storage of equipment and materials ( i:e. lumber yards, junk yards, vehicle storage yards, etc.). 14 223 'I b. °" "Start of Construction" includes substantial improvements, rehabilitations, additions, and reconstructions, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, . grading and filling; nor does it include the installation of* streets. and /or sidewalks; nor does it include excavation for a basement, footing, piers, or (� foundations or the erection of temporary forms; nor does it include the G installation on the property of accessory buildings, such as garages or sheds O not occupied as dwelling units or not part of the main structure. C. "Substantial Improvement means any repair, reconstruction, rehabilitation, (.) addition or improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure, not inclusive of the land value, before the start of construction of the improvement either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall , ceiling, floor, or other structural part of the building commences, whether or not that alteration effects the external dimensions of the structure. The term does not, however, (1) include any project for the improvement of a structure to comply with existing state or local health, sanitary or safety code specification which are solely necessary to assure safe living conditions, or,(2) any alteration of a structure listed on the National Register of Historic Places or a State or City Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as a historic structure. 2. Amend Section 16 -703.1 Manufactured Home Parks, Floodplain and Flood Way District of the City of Petaluma Zoning Ordinance to read:: 16.703.1 - Manufactured Home Parks. No new manufactured homes shall be placed within floodway areas. Existing manufactured home parks within flood plain areas may be _expanded and new manufactured home parks constructed only where the ground elevation of each manufactured home pad of such park is elevated at least 12 inches above the base elevation on reinforced piers or other foundation elements equal in force, unless otherwise restricted in Section 16.703.2, and adequate access and drainage are provided. Existing manufactured home parks in floodway areas may not be expanded under any circumstances. fl ooding. A motion was made by Commissioner Parkerson and seconded by Commissioner Read to recommend to the City Council approval of a Negative Declaration for Items 4,5,7,9, 10 and 12 for the proposed Zoning Ordinance Text Amendments pursuant to Section 15074 of 15 224 CEQA Guidelines, finding no significant negative impact on the environment and to recommend. approval of the proposed Zoning Text Amendments mentioned above, as amended, based on the.following findings: COMMISSIONER WOOLSEYYes COMMISSIONER READ: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER BENNETT:Yes COMMISSIONER LIBARLE:Absent CHAIRMAN TARR :Yes Findings The proposed Zoning Text Amendments are consistent with the City of Petaluma General Plan. 2. The proposed Zoning Text Amendments are not detrimental to the health, safety, or welfare of the public, nor - detrimental to the orderly economic development .of affected properties. IW NON - CONFORMING SIGNS 1. Amend Section 25 -300 - Signs Subject to Mandatory Discontinuance - Conditions, Non - Conforming Use, City of Petaluma Zoning Ordinance, to read: SECTION 25 =300. SIGNS SUBJECT TO MANDATORY DISCONTINUANCE- CONDITIONS. Signs and advertising structures not in conformity with Sections 21=204 through 21- 204.42 are deemed non - conforming and are deemed found to be sufficiently objectionable, undesirable, and out of character in thei district in which such- use,said sign (s) is are .located so as to depreciate the value . of other property and ,uses permitted in the-district and impair 'the.proper and ' orderly development and general welfare of .such district and the community. Therefore, each such non- conforming sign or structure shall bei discontinued within ninety (90) days of finding said sign or structure non - conforming unless a sign. permit is obtained pursuant. to Sections -26- 90o herein, or a permit was obtained pursuant to prior ordinance. The-4me­peFied sha4l-be•-m red - €ht,-e€€eetive-da €e--ef # -his -� c44,oir.- Non - conforming signs for which sign .permits have been obtained may apply for an extension pursuant to Section 25 -301 of this Ordinance. 2. Amend Section 25 -301 Billboards, Outdoor .Advertising, Structures - Non - Conforming Uses, City of Petaluma Zoning' Ordinance, to read: SECTION 25- 301. Bilibeards -OutdoorAdveFtistng,- &rmtures: :------- -P$tx4ed�en-Hu idings wa4l&-or I'eHees,- two-{2)- yeafs, 2:--- - - - -AM other- sigas- and- outdOOF- ad-vert4&ing- str-uc4,ur -es three "a-Fs= AMORTIZATION OF NON CONFORMING SIGNS, STRUCTURES.. 16 225 I. The purpose of this ,section is to, allow the owner of a non- conforming sign or structure a reasonable period to recover the original costs where, at the time specified for removal, the costs were not yet fully amortized The amortization period shall be commensurate with the investment involved 2 The owner of a non- conforming sign or structure may apply to the Community Development Director for an extension of time within which the sign or structure must be removed The application suspends the running of the period of time for removal CO 3. The application shall contain information necessary for the Director to make an 0) informed decision, including but not limited to the following: 0 a. Name and address of the sign owner and the property owner, if different; U b. A description of the sign or structure; C. The date the sign or structure was placed; Q d. Whether and when a permit was issued for the sign or structure; e. The cost of construction; f. Revenue derived; g. Present value of the sign or structure; h. If the sign or structure is being depreciated under Federal Internal Revenue Service provisions (Section 167 or other section), a copy of the last IRS form showing such depreciation; ' i. A detailed statement of the reasons for the extension requested; j. The length of time for which the extension is requested 4. The Community Development Director shall consider the following factors in determining whether or not to grant an extension: a. " The information presented on the application; b. The economic hardship on the owner; C. The interest of the. sign or structure owner in the premises and expected changes in the use of the property. Maintenance and repairs may not be relied 'on to determine the amortization period No extension may be granted for a sign or structure which was not legal or did not have a required permit at the time it was placed. 5. If the Community Development Director fends that circumstances warrant granting an extension of time for amortization of the sign or structure, the Director may grant the extension. The table below indicates the minimum number of years a sign or structure may remain after it becomes non - conforming. Value of Sign or Structure at the Time it Becomes Non - Conforming Under. $2, 000.00 $ 2, 000.00 to $3,999. 00 $ 4, 000.00 to $5,999. 00 $ 6,000.00 to $7,999.00 $ 8, 000.00 to $9,999. 00 $10, 000.00 and over Minimum Number of Years Allowed to Remain 2 3 4 5 6 7 17 226 6 A decision by the Community Development .Director regarding extension under this section maybe appealed to the Planning Commission. V SIGNS ADJACENT TO THE FREEWAY 1. Amend Section 26.913 - 'Procedure for Permit to Erect Adjacent to Freeway, City of Petaluma Zoning Ordinance, to read: SECTION 26.913. PROCEDURE FOR PERMIT TO ERECT ADJACENT TO FREEWAY. No permit shall be issued. to erect, constructor relocate any sign, billboard or other advertising structure, regardless of location, unless the Zoning .Administrator shall have first determined that such sign, billboard or other advertising structure is not designed to have the advertising thereon maintained primarily, to be viewed from the main traveled roadway of a landse -aped- freeway or the ingress or egress ramps thereto. Every- application for a permit to erect; construct, or relocate a sign,.. billboard or other advertising structure within five hundred feet. of a main traveled roadway of a freeway, shall.be considered by the Zoning Administrator, and he .shall determine whether the proposed sign, billboard or other advertising structure .is designed to be viewed from a. main traveled ,roadway of a lattdsea.ped freeway or the ingress or egress ramps thereto. If the Zoning Administrator determines that the proposed sign, billboard or other advertising structure is designed to have the ,advertising thereon so maintained; the application for a permit shall. be denied. If 'the Zoning Administrator determines that the sign, billboard or other 'advertising structure is not designed, to have the advertising thereon so maintained and that the same does not violate any other provision of this title, the permit shall. be .granted.Procedures for the notice, hearing and -appeal of the decision of the Zoning Administrator hereunder shall be the same as are set out in Section 26 -905. VII BED AND BREAKFAST Section 1 -203, Bed and. Breakfast Inn, Definitions: A building or portion, thereof, .in which the inn owner or manager ,resides. containing nog of�-,: tfhaf4ive ; guest rooms, in which for any form of compensation, temporary, overnight lodging is provided for a period not to exceed 14. successive calendar days for each guest. No restaurant open to the general public is permitted: Food 'service for compensation is limited to one meal a day served to guests only. Staff has- kept in the :restriction of food. service for guests only to differentiate between a "Bed and .Breakfast Inn" and a "motel' or '_!hotel ". IX BUILDING HEIGHTS IN 227 1. Amend Section 1 -203, Building Height of, Definitions, City of Petaluma Zoning Ordinance to read: Section 1 -203. Building, Height . The vertical distance from the average contact ground level of the finished grade of the building site to the highest point of the coping of a flat roof or'to the deck line -ridge of the roof -line of a mansard roof or the mean height level between eaves and ridge for gambrel, hip or gabled roofs. /:/ M SPARC REVIEW OF SUBDIVISIONS 1. Delete Section 2 -308, General Provisions, of the Zoning Ordinance, which presently 0 reads: Q C) Section 2- 308 All- }rses, -exe�p seuses- listed -as eF� i ed u�es�in t ��A "- and "> - � �"-- l�istrie- �,-�i�1��e�ti�jeEt- to-�i�e -plan- and - arch} t�e��r�I�iew- in- ac- a ©Fdane�- rvttl} the- pFavfsioFr&o€ See4ioF} 26 -400 -. 2. Amend Section 26 -401, Site Plan and Architectural Approval of the Zoning Ordinance to read: 26 -401. Site Plan and Architectural Approval The purpose of site plan and architectural approval is to secure compliance with the Zoning Ordinance and to promote the orderly and harmonious development of the City of Petaluma. No city permit or license shall be issued for any of the following uses until site plan and architectural approval has been obtained: public buildings and grounds; public and private schools, colleges, libraries, art galleries and museums; public and private hospitals and other institutions; churches and other religious buildings and grounds; clubs, lodges, mortuaries, meeting halls, and other places of public assembly; motels and hotels; office buildings; all commercial and industrial uses; mobilehome parks; parking lots; public utilities structures and installations, except poles and towers carrying overhead lines; more than one dwelling unit per lot; and subdivisions with five or more single - family dwellings. The Director may grant administrative site plan and architectural approval to for non production residential developmer}t-S units in approved subdivisions of five or more lots, all residential developments of less than five units, and all minor additions or modifications to industrial, commercial or office buildings, or may refer said development proposals to the committee. XII JUNK YARDS 1. Amend Section 1 -203, Junk Yard, Definitions of the City of Petaluma Zoning Ordinance, to read: Se4ie*- 1443 - -Jx *k ffd -T-1ie- tkse4 no t1�aFro �rFZdrod�� -04 }-sq aFe €"t- 4- any -1at zaavedA -R -&r-� ©F- nief -that 4w&-ht wired- {2046quarc -feet } Fr- �: otl�e�- di�Fiet-- �,�tl�eFe- "jFrF�- ' --i�- apt - stored,-- leca��d piled- snk=aged Fe6 sold; hafteredor put- 4e- ae"se is-- ,44ble- 4of n -any street alle} - FQadw�y- easeF�Frt 4F- a�}o�ng- pFOpeF� 19 M Section 1 -203 - Junk Yard 'Junk yard" shall mean a place of more than one hundred (100) square feet of any lot zoned A or C, or more than two hundred (200).square feet in;any other district, except R districts; where waste, discharged or salvaged materials, :which :.have been abandoned from their original use, are bought, sold, .exchanged baled, packed, disassembled, or' handled: The, term shall include, but not be limited to, vehicle wrecking and salvage yards, house wrecking yards, used lumber yards, and daces or yards for the storage of salvaged house wrecking and structural steel materials and equipment but shall not include places where such uses are conducted entirely within a completely enclosed building. The term shall not include pawnshops,and establishments for the sale, purchase, or storage or used furniture and household equipment (when conducted within a completely enclosed building), or for the sale of used cars 'or vehicles in operable condition, or salvaged material incidental to manufacturing operations, nor the holding of ' damaged or wrecked motor vehicles' .pending investigation and disposition by any aw enforcement agency, court, or insurance adjustor. Junkyards are prohibited in "R " districts. Junkyards in "R" districts has been deleted to be consistent with "conditional :uses" in "R" districts. VI. DISCUSSION ITEMS. 1. 10% units Discussion of intent and definition. 10% units will be discussed at the meeting of August 14, 1990. 2. Tree Preservation Ordinance /Program. General discussion regarding Tree Preservation program; Would a corporation care to .sponsor /pay for a. tree program ?; Could this be a college class project ?; Tree inventory is most important aspect.. ADJOURNMENT: 11:00. min0724 / pcminutes2 20