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HomeMy WebLinkAboutMinutes 05/28/1991412 REGULAR MEETING CITY COUNCIL CHAMBERS CITY HALL MAY 28, 1991 7:00 P.M. PETALUMA, CA COMMISSIONERS: Bennett, Libarle, Parkerson, Rahman, Tarr *, Thompson, Woolsey STAFF: Warren Salmons, Community Development Director Teryl Phillips, Assistant Planner Chairman MINUTES OF MAY 14, 1991 were approved as written. PUBLIC COMMENT: (15 minutes maximum). The Commission will hear public comments only- on matters over . which they have jurisdiction. There will be no Commission discussion or action. The chairman will allot no more than- five minutes to any individual. If more than. three persons wish to speak their . time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. DIRECTOR'S REPORT: Item No. 1 (Monteleone Cabinets) was withdrawn by the applicant. COMMISSIONER'S REPORT: Commissioner Parkerson thanked the City Council, Warren Salmons and Teryl Phillips for moving. Tree legislation through Council. Commissioner Woolsey complained that a house at 511 B Street is becoming a "junk yard ". CORRESPONDENCE: Letters regarding A &M Towing. APPEAL STATEMENT: Within fourteen (14) calendar days following the . date of a decision of the Planning Commission, the decision may be appealed to the City Council by the applicant or by any other interested party. If no appeal is made within that' time, the decision'shall be final, An appeal shall be addressed to the Council,in writing and shall be filed with the City Clerk. The appeal shall state specifically the grounds for the appeal and the relief sought by the appellant. 413 NEW BUSINESS PUBLIC HEARINGS I. MONTELEONE CABINET SHOP, 946 CAULFIELD, AP NO. 005- 020 -19, FILE NO. CUP91011(hg). 1. Consideration of EIQ. 2. Consideration of conditional use permit to allow the operation of a cabinet shop /carpenter shop within an existing 1;000± sq. ft. lease space in an CD existing building. CD This item was withdrawn by the applicant. 0 II. L. !MACHADO, A & M TOWING, 25 MAGNOLIA AVENUE, AP NO. 006 - 041 -02, U FILE NO. CUP91010(hg). Q 1. Consideration of EIQ. 2. Consideration of conditional use permit to allow the operation of a towing and storage service on a 15,900 sq. ft. lot with existing structure. The public `hearing was opened. SPEAKERS: Commissioner Woolsey = How can hours of operation be limited? _Wrecks do not occur only during certain hours. John Hutchinson - Manager of Parkland Apartments presented petition against towing use; concerns regarding noise; pollution; presented photos of existing site. Mike Derby - Real Estate Agent for applicant (The Land Company); proposed minimum time -frame because applicant is also requesting a second towing location. Dan Libarle - Where are vehicles being stored now? (Answer) Petaluma Auto Body. Luis Machado - Answered questions regarding project. Warren Salmons - A postponed payment agreement for Magnolia Avenue Improvements should be executed. Commissioner Thompson - How many cars could be parked on this site? Luis Machado - (Answer) 20 -30 cars maximum - Most cars will be on Lakeville; better cars on Magnolia: Commissioner' Parkerson - Other businesses in area are closed on Saturday and Sunday - this business should be closed on Sunday. Commissioner Bennett - Hours should be 8AM - 6PM on this site. Commissioner Tarr - Is there a maximum amount of time that cars can stay on site? Luis Machado - (Answer) No. Commissioner Woolsey - Wants extensive landscaping to screen lot from apartments. Commissioner Parkerson - Questioned whether fencing would be adequate to screen views. Mike Derby - An emp uation. loyee of the owner will rent the house on the property to create a "caretaker "' sit Commissioner Tarr Area is in transition - not a compatible use; concerns with length of time cars will be stored here. Commissioner Rahman - Problem with this use in residential area. Commissioner Bennett - Basically a commercial area: properly conditioned, this project can work at this location. 2 414 The public hearing was closed. A motion was made by Commissioner Libarle and seconded by Commissioner Thompson to approve a mitigated negative _declaration based on the following findings: COMMISSIONER WOOLSEY: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER BENNEIT: Yes COMMISSIONER RAHMAN: No CHAIR. MAN TARR: No COMMISSIONER LIBARLE: Yes COMMISSIONER THOMPSON: 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 elimnate.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. The project, as conditionally approved, does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. 5. The project is consistent with and further promotes the objectives,- goals, and policies of the General Plan. A motion was made by Commissioner Parkerson and seconded by Commissioner Thompson to approve a conditional use permit based on the findings and subject to the amended conditions as follows: COMMISSIONER WOOLSEY- Yes COMMISSIONER PARKERSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: No CHAIRMAN TARR: No COMMISSIONER LIBARLE: Yes COMMISSIONER THOMPSON: Yes Findings: 1. The proposed towing and storage service as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The proposed towing and storage service as conditioned, will conform to the requirements and intent, goals, and policies of the ]Petaluma General Plan. i 1 3 415 3. The proposed towing and storage service adhering to the following conditions will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. The following requirements of the City Engineer shall be met prior to occupation and commencement of use: a. Dedicate sufficient right -of -way across the property frontage to provide for public improvements. b. Provide curb, gutter, and sidewalk across frontage of subject property and provide paving to widen roadway. The new curb, gutter and sidewalk shall CY) be aligned with the existing curb, gutter and sidewalk on both sides of the subject property. A postponed payment agreement for Magnolia Avenue 0 Improvements to be executed subject to City Engineer review and approval. C. Driveway location, design, material and width subject to City Engineer review C) and approval 2. Any'utility lines proximate to or serving this project shall not be relocated or without approval from the appropriate utility provider. 3. A grading permit shall be obtained form the Building Division prior to any grading and paving work on the site. 4: A site grading /paving, drainage and landscape plan shall be provided to staff for review and approval prior to the issuance of a grading permit. Landscape plans shall include but not be limited to planters and plantings for the 10' front yard setback, 4' sideyard setbacks and 5' rear yard setback. In addition, the distribution and type of trees, shrubs and grass plantings within the proposed planters shall be subject to administrative SPARC review and approval. 5. The following requirement of the Fire Marshal shall be met: a. The proposed parking lot configuration shall meet City Fire Marshal standards for accessibility prior to the issuance of a grading permit. 6. Any modifications /adjustments made to the existing house as a result of frontage improvements or other changes shall be subject to administrative SPARC review and approval prior to commencement of work. Emphasis should be placed on spacing and species of landscape materials. 7. All work within a public right -of -way requires an excavation permit from the Department of Public Works. 8. As a result of the right -of -way dedication, an encroachment permit for the existing house shall be obtained from the Department of Public Works. 9. Hours of operation shall be limited to the hours between 8:00 AM and 6:00 PM, Monday through S;&nda�Saturday. Business shall not operate on Sunday. 10. All vehicles involved in accidents or other driving incidents resulting in or potentially causing leaking fluids shall be drained of those fluids at the time such vehicles are deposited on the site. M 416 11. All oils, gases and other potentially toxic material shall be stored and disposed of in accord with all applicable regulations. 12. A cash bond,. in an amount to be determined by the Planning Director, shall be submitted within ten. (10) days of the granting of the conditional use permit in order to insure compliance with all improvement conditions. 13. No activities falling under the categories of Automobile Repair- Minor,.Autornobile Repair- Major, or Auto Wrecking yards, per Section 1 -203 of the City Zoning Ordinance shall be permitted. 14. No vehicles shall be stored on the site for more than 45 days. 15. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code performance'standards (noise, dust; odor, etc.). 16. Recognizing that this project does not directly meet the General Plan definition for Mixed Use districts,, it shall be treated as an interim use and the use permit shall expire after five (5) years from the date of approval. Standard Conditions 17. All plant material shall be served by a City approved automatic underground irrigation system. 18. 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. 19. All exterior light fixtures shall be shown on plans subject to staff review and approval. All lights attached. to buildings shall provide a - soft "wash" of light against the wall(s). No light fixtures shall produce direct glare outside the site. 20. Any outdoor advertising signs shall be submitted for review and approval of SPARC or the; Community Development Department:. All signs must conform, to the Zoning Ordinance and be compatible with the building and surroundings. 21. All trees shall be a minimum fifteen gallon size (i.e. trunk diameter of at least 3/4 inch measured one foot above the ground) and double staked; all shrubs ; shall be five gallon size. All landscaped areas not improved with lawn shall be protected with a two -inch deep bark mulch as a temporary measure until the ground cover is established. 22. This use permit. maybe -recalled to the Planning Commission for review at any time due to complaints .regarding traffic congestion, noise generation, or other- operating characteristics. At such tune, the Commission may repeal the use permit or add/modify conditions of approval. 5 i 417 III. L. MACHADO, A & M TOWING, 896 LAKEVILLE, AP NO. 005- 020 -43, FILE NO. CUP91012(hg). 1. Consideration of EIQ. 2. Consideration of conditional use permit to allow the operation of a towing and storage service within a 1.36 acre uncovered lease space. The public hearing was opened. SPEAKERS: Luis Machado - Applicant - cannot make all improvements requested in staff report. %J) Mr. Barta Property owner - bonding would be very costly; fence could be slightly 0 improved; will not put up a 6 -foot wooden fence; tow yard would have minimal impact; may be able to make some improvements to fence like the leaning parts could maybe be () straightened or something; automatic gate could be installed. Q Luis Machado - Needs this location now - since other site has hours of operation constraints. Commission Discussion Commissioners Bennett, Parkerson. Woolsey - Gateway into Petaluma which should be upgraded; landscape requirements should be met. Commissioner Libarle - Can a "happy medium" be reached by staff and property owners? Can compromise be reached within a few weeks? The public hearing was closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Libarle to issue a mitigated negative declaration based on the following findings: COMMISSIONER WOOLSEY: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes CHAIRMAN TARR: Yes COMMISSIONER LIBARLE: Yes COMMISSIONER THOMPSON: 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. 418 4. The project, as conditionally approved, does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. 5. The project is consistent with and further promotes the objectives, goals, and policies of the General Plan. A motion was made by Commissioner Parkerson and seconded by Commissioner Bennett to grant a conditional use permit based on the findings and subject to the following amended conditions: COMMISSIONER WOOLSEY: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes CHAIRMAN TARR: Yes COMMISSIONER LIBARLE: Yes COMMISSIONER THOMPSON: Yes Findings: 1. The proposed towing and storage service, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The propose towing and storage service, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. 3. The proposed towing and storage service will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. A grading permit shall be obtained from the Building Division prior to any grading and paving work on the site. 2. A site grading /paving and landscape plans .shall be provided for SPARC review and approval prior to the issuance. of a grading permit. Landscape plans shall include, but not be limited to, improvements of the planters and plantings within the front of the entire arcel and the addition. of a '5' planter strip and tree plantings along the east fence /property line. In.addition, the type and, distribution of trees, shrubs and grass plantings within existing and proposed planters shall be provided subject to SPARC review and approval. 3. All- feming- -along= the - -east - sides -ef -die- site - shad- be- f- ep4-ac�ed -withr a- -six eet -wood bad �atehes •l�e��cis�gfenEe�- ,al ©ng- the- €r�n� -ef t���- and = shall- be- snbjee� fens -e -t ta��E- Fevie���approval - ����sting��pFQposed- l- andscap�p�o�e�eets Epia�te�- bc��es €re��lantir}g�, ete:�. shill}- �- iudieeted- ©rr$r-- i= �l���f�l�ndscape plan: Fencing improvement along east property shall be subject to SPARC review and approval. 4. The access, gate shall be relocated /recessed far enough back to allow for :a tow truck and one vehicle to park end -to -end within. the front yard driveway, perpendicular to Lakeville Highway, without obstructing the left /eastbound lanes and /or the sidewalk. 7 5. The following requirement of the Fire Marshal shall be met: a. The proposed parking lot configurations shall meet City Fire Marshal standards for accessibility prior to issuance of a grading permit. 6. A cash bond shall be posted with the City to ensure completion of all required site - improvements - as specified by conditions of'" approval - for the use permit and ' by SPARC, if completion does not occur prior to application for a certificate of occupancy. The bond, an amount to be determined by the Planning Director, shall be sufficient to cover cost and installation of all improvements specified by conditions of approval. Co M 7. Evidence of the property owner's approval of the project shall be submitted to 0 Community Development staff prior to application for SPARC review. 8. All work within a public right -of -way requires an excavation permit from the U Department of Public Works. 9. 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. 10. All oils, gases, and other potentially toxic and /or combustible materials shall be properly disposed of. 11. No vehicles shall be stored on the site for more than 45 days. 12. No .activities falling under the categories of Automobile Repair- Minor, Automobile Repair- Major, or Auto Wrecking Yards per Section 1 -203 of the City Zoning Ordinance shall be permitted. 13. All exterior light fixtures shall be shown on plans subject 'to administrative SPARC review and approval. All lights attached to buildings shall provide a soft "wash" of light against the wall(s). No light fixtures shall produce direct glare outside the site. 14. Driveway and parking surface areas shall be improved with a City approved surface of asphaltic - concrete or concrete pavement. All parking surface areas shall be bordered with concrete curbing which is designed to meet at least the minimum specifications of the City Parking Design Standards. 15. This use permit may be recalled to the Planning Commission for review at nay time due to complaints regarding traffic congestion, noise generation, or other adverse operating characteristics. At such time, the Commission may repeal the use permit or add /modify conditions of approval. IV. METZLER /CRAMER, EAST WASHINGTON NEAR SKY RANCH DRIVE, AP NO: 136- 070 -19, FILE NO. REZ91005(ws). 1. Consideration of EIQ. 2. Consideration of prezoning of 33 ± acres to "A" Agriculture. .... _.. __._. _.._ _. IN The public hearing was opened. SPEAKERS: None. The public hearing was closed. A motion was made by Commissioner Libarle and. seconded by Commissioner' Rahman to recommend to the City Council approval of a Negative Declaration of _Environmental Impact based on the following findings: COMMISSIONER. WOOLSEY: Yes COMMISSIONER PARKERSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes CHAIRMAN TARR: Yes COMMISSIONER LIBARLE: Yes COMMISSIONER THOMPSON: Yes The project does not have the potential to degrade the duality 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 period's of California history or prehistory. 2. The project does not have the potential to achieve short -term to the disadvantage of long -term, environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. 5. The project is consistent with and further promotes the objectives, goals, and policies of the General Plan. A motion was made by Commissioner Libarle and - seconded by Commissioner Rahman to recommend to the City Council approval of'the prezoniig of Assessor Parcel Number 136- 070-19 to Agriculture. COMMISSIONER WOOLSEY! Yes COMMISSIONER PARKERSON: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes CHAIRMAN TARR: Yes COMMISSIONER LIBARLE: Yes COMMISSIONER THOMPSON Yes ADJOURNMENT: 8:45 PM min0528 / pcom14 r�