HomeMy WebLinkAboutMinutes 08/19/1991458
City Of Petaluma Planning Commission
Minutes
REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL
AUGUST 13, 1991
7:00 P.M.
PETALUMA CA
COMMISSIONERS: Bennett, Libarle *, Nelson, Rahman, Tarr, Thompson,
ABSENT: -Parkerson
STAFF: Warren Salmons, Director
Pamela Tuft, Principal Planner
Teryl Phillips, Assistant Planner
Hans Grunt, Planning Technician
* Chairman
MINUTES OF MEETING OF JULY 23, 1991 were approved with one addition.
PUBLIC COMMENT: Mr. Phil Joerger - 700 Fair Avenue - (was allowed to speak
regarding Item No. 5 (Shell) after explaining.. that he would not be able to stay, {to the end of
the meeting) - Voiced :approval for the Shell sign request; felt it would' be unfair to Shell in
light of the recent Auto Plaza sign approval if this Shell sign request is denied.
DIRECTOR'S- REPORT: Conflict of"Interest Standards.
COMMISSIONER'S REPORT: None.
CORRESPONDENCE: Memo regarding Dave's AutoBody and Paint;. two letters
regarding . Foote Day Care; memo regarding Jack -In- The -Box with some' previously
distributed correspondence attached.
I --�j
APPEAL STATEMENT: Was read.
CITY OF PETALUMA - PLANNING COMMISSION MINUTES AUGUST 13, 1991
NOTE: Italics = Additions
4yerstFik - e -= Deletions
OLD BUSINESS
CONTINUED PUBLIC HEARING
I. FOODMAKER, INC., JACK -IN -THE -BOX, 1401 McDOWELL BOULEVARD
NORTH, AP NO. 047-360-01, FILE NO. 1.693(tp).
1. Consideration of E'IQ.
M 2. Continued consideration of a conditional use permit to allow construction of
0 a fast -food restaurant within Redwood Business Park II PCD Zoning
District.
U The public hearing was continued from the meeting of July 9.
Q
SPEAKERS:
Commissioner Bennett Is the revocation condition standard?
Commissioner Rahman Are all projects of this type referred to Bay Area Air Quality?
(Answer: yes).
Bill White Applicant - In agreement with staff regarding number of parking stalls.required
- 10 spaces for employees will be made available on adjoining lot; concurs with landscaping
requirements; 20 foot setback for parking is essentially being met (between edge of right -
of0way and parking); would like rewording of revocation condition to state that Zoning
Ordinance; contains wording pertaining to re- review of use permits; Redwood Business
Park Architectural Review Committee has approved reduced setbacks; lot for employee
parking is: within 300' of project site.
Pamela Tuft Clarified that granting a PCD variance (parking setback less than 20') would
be responsibility of Planning Commission, not Redwood Business Park Architectural
Committee.
Bonnie Nelson What is Jack -In- The -Box planning to do about security?
Joe LaBiainco Construction Manager for Jack -In- The -Box - each restaurant supplies its
own security depending on how much is needed at each individual location.
Bill White Redwood Business Park keeps -a lot of lights on into the night; there have been
no problems in this area to data; parking lots are very well lit; Jack -In- The -Box will have to
supply security if problems develop.
Commissioner Tarr - Will this location be owned by Foodmaker or by franchise- owner?
Joe LaBianco - Site will be operated by Foodmaker; delivery times can be modified easily;
drive -thru 'will be located away from hotel; there will be approximately six employees at
one time in restaurant.
The public was closed.
A motion was made by Commissioner Bennett and seconded by Commissioner Thompson
to adopt a Mitigated Negative Declaration of Environmental Impact based on the findings
listed below:
COMMISSIONER NELSON: Yes
COMMISSIONER PARKERSON: Absent
459
2
460 CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13, 1991
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
COMMISSIONERTARR: -- No (not in conformance with General Plan)
CHAIRMAN 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.
4. The project, as conditionally approved, does not have environmental ninental, effects which
will cause substantial adverse effects on human beings, either directly or indirectly.
5. The project is consistent with the objectives, goals, and policies of the General Plan.
A motion was made by Commissioner Thompson and seconded by Commissioner Nelson
to approve a- Conditional Use Permit to allow construction of a 2,61 sqwft fast-food
restaurant with drive-through facility to be located on Lot 1 of Redwood Business Park II,
based on the findings and subject,to the amended conditions listed below:
COMMISSIONER NELSON: Yes
COMMISSIONER PARKERS ON Absent
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
COMMISSIONER, TARR: No
CHAIRMAN LIBARLE: Yes
COMMISS THOMPSON: ' Yes
Findings:
1. The sed' fast-food restaurant, as conditioned, will conform to the requirements
and of Petaluma Zoning Ordinance and the Redwood B_ -
usiness Park H
PCD Regulatio . ns.
2. The; proposed fast-food'restaurant, as conditioned, will conform to the requirements
and intent, goals', and policies of the Petaluma General Plan.
3. The. proposed fast-food restaurant, a$'conditioned, will not constitute a nuisance or
be detri ental. to the public welfare of the community.
Conditions:
3
- - - - - - - - - - - - .- - - ------ - ;�.._.__. 1: _ 7 -
...............
CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13,1991
461
1. This project shall be subject to SPARC review with special emphasis on the
following issues:
a. Minimum requirement of 26 parking spaces shall be provided in
conformance with Zoning Ordinance provisions and the Redwood Business
Park II PCD Regulations. 10 employee spaces may be located off -site but
within 300 feet of site, subject to staff review and approval. Off -site parking
design to be reviewed and approved by SPARC.
b. : Building architecture and color scheme shall be reviewed for conformance
with the intent and provisions of the Redwood. Business Park H Design
Guidelines. Additional interest shall be incorporated into the building
co elevations visible from McDowell Boulevard and Old Redwood Highway.
C. Landscape plans shall incorporate entry features to Redwood Business Park
O identified within the Design Guidelines, and warranted by the high visibility
of the site. Plant palette and irrigation system design shall include water-
C) conserving elements to the extent feasible.
d. A sound- mitigating fence shall be installed along the southerly property line
adjacent to the motel site.
2. Truck deliveries shall be restricted to the hours of 7 PM and 11 AM daily.
3. This project shall be subject to review and approval by the Bay Area Air Quality
Management District prior to issuance of a building permit.
4. A site maintenance program shall be developed and submitted for staff review and
approval prior to building permit issuance. Program shall include the provision of
outdoor trash receptacles.
5. All proposed signs shall be subject to SPARC approval, and in conformance with
Sign Guidelines for Redwood Business Park II.
6. This project shall conform to - all regulations pertaining to properties located within
the Floodplain Combining District (FPC).
7. The following requirements of the Chief Building Inspector shall be met:
a. Grading must be certified when completed to indicate compliance with
approved plans and will be required for occupancy.
b. Certify pad elevations before building slab on grade is poured.
C. Soils with expansion.index greater than 20 requires special design foundation
per Uniform Building Code 2904(b).
d. Verify utilities are adequate for building (i.e., size of water-, electrical and gas
service and size of sewer).
e. Responsible party to sign plans.
f. Submit soils report to verify foundation design.
4
462 CITY OF PETALUMA PLANNING COMMISSION MINUTES - AUGUST 13, 1991
g. Indicate group occupancy, type of construction, square footage.
h. Handicapped parking ramp on passenger side.
S. The .following requirements of the Fire Marshal shall be met:
a. Provide fire extinguishers 2 A rated A B C dry chemical type as required by
the Fire Marshal.
b. Provide one 40 -BC rated dry chemical type extinguisher in kitchen.
c. Provide occupancy load sign (Occupancy 67).
d. Provide signs over exit doors stating ". This door to - remain unlocked during
business hours ". Letters shall not be Tess than 1 inch high.
e. Post address at or near main entry door. Minimum two inch: letters.
L Install an approved. automatic fire extinguishing system to protect all cooking
equipment.
g. Permits required for fixed fire extinguishing systems for kitchen. A minimum
of two sets of plans are required to be submitted to the Fire Marshal's office.
h. No extension cords. All. equipment and appliances shall be direct plug in.
L Provide KNOX box for key control located on building as required by the
Fire Marshal.
9. This project shall be subject to approval of Sonoma County Health Department
prior to issuance of building permits.
10. This project shall be subject to imposition of all applicable development fees,
including Water and. Sewer Connection, Community Facilities, Storm Drainage
Impact, and Traffic Mitigation fees.
11. This use permit may be recalled to the Planning Commission for review at any time
due to complaints regarding traffic congestion, ,noise generation, or other adverse
operating characteristics. At such time, the Cormission may revoke:'tlie use permit
or add /modify conditions of approval. If Police Department calls become significant
as determined by City staff, Use Permit conditions may be reviewed for possible addition
of security conditions.
12. Driveway design shall be modified to the specifications of the City Traffic Engineer
in order to better accommodate vehicle turning movements.
NEW BUSINESS
PUBLIC HEARINGS
II. FOOTE,116 RENE'DRIVE, AP NO. 149- 142 -12, FILE NO. CUP91017(dh).
5
CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13, 199,463
Consideration of conditional use permit to allow the operation of a Large
Family Daycare at 116 Rene Drive.
The public hearing was opened.
SPEAKERS:
Mrs. Foote 116 Rene Drive - Applicant - Would be on a drop -in basis; has one child in
Co
household and a Vandchild in the afternoon; neighbors come and play; dog is now
contained; fence will be, built around pool; has lived at address for 10 years; no problems
with conditions; visiting neighborhood children will not be there if business opens.
0 Bonnie Nelson How will children all be kept in one familyroom?
Q Mrs. Foote Children will be allowed to play in back yard.
() Commissioner Bennett How often does City monitor this type of business? (Answer -
once a year at best.)
Commissioner Tarr Does Fire Marshal do a yearly inspection of daycare facilities?
(Would like an answer at the next Planning Commission meeting.)
The public hearing was closed.
A motion was made by Commissioner Tarr and seconded by Commissioner Thompson to
grant a conditional use permit to allow operation of a Large Family. Daycare at 116 Rene
® Drive, subject to the amended conditions listed below:
COMMISSIONER NELSON: No (not against daycare facilities - this particular situation
is too restrictive for 12 children.)
COMMISSIONER PARKERSON: Absent
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
COMMISSIONER TARR: Yes
CHAIRMAN LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Conditions
1. The following conditions of the Fire Marshal shall be met:
a. Total capacity large family daycare: 12 including children of provider if under
the age of 10.
b. Provide a device for sounding a fire alarm in. addition to the smoke detector
installed at or near the sleeping area (whistle on a chain around neck not
permitted).
C. Two (2) exits required. Exit doors can open in - one can be a sliding glass
door.
d. Deadbolt locks are not permitted.
e. No- knowledge lock sets only are permitted.
f. Smoke detectors required at or near sleeping areas or rooms.
g. Type five construction permitted.
h. In two (2) story resident structures children shall be cared for on the ground
floor only.
464 CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13,1991
i. Provide emergency exit.plan posted in a location determined by.provider and
inspector, with 9 =1 -1 phone numbers and operators statement:
j. Open flame devices are not permitted (candles).
k. No extensioncords. All equipment and appliances shall be direct plug -in.
1. All appliances shall be in properworking order.
M. Flammable liquid storage for maintenance shall be stored in such a manner
as not to Permit access to children.
n. Provide fire extinguisher 2A rated ABC dry chemical- type.
o. Door on bathrooms and closets are to be of the type that can be o p enable
from the inside by a child, or if lockable can be unlocked from the outside by
an adult.
p. Protective covers over the receptacles' in rooms where children under five (5)
years of .age will be quartered.
Fire drills recommended monthly. Keep a 1og for future inspections.
r. This facility will require an inspection- by the Building Department and be
required to meet all State and Local Building and Fire Code requirements
for a large daycare facility. Specific items of concern are 2A rated fire
extinguisher, exit access, smoke detectors, emergency plan, electrical and
heating systems, and pool security. Children shall be housed on the first floor
only.
2. The following conditions of the Building Inspection Division shall be met:
a. This facility must comply with Chapter 8 of the Uniform Building Code,
occupancy requirements for E -3 and Table 5.
b. Second story cannot be used for daycare unless it is sprinklered and has two
exits to the outside.
3. Two off - street parking spaces shall be provided for use by clients during hours of
operation.
4. The above - ground pool in the rear yard shall be separated by a fenee (per City of
Petaluma Zoning Ordinance 17.24.010 six foot minimum, self -closing, self- latching
(minimum latch height 4 1 \2 feet above ground level)' gate) prior to commencement
of daycare facilities
5. All conditions set forth in Section 21.500 of the Petaluma City Zoning Ordinance
including, but not limited to, the following shall be complied with:
a. The proposed daycare. home shall comply with applicable Building and Fire
Code provisions, with applicable Building Codes, Fire Code standards
adopted by the City Fire Marshal, and with Social Services Department
licensing requirements (California , Administrative Code, Title 22, Division
2).
b. Drop -off and pick. -up of children at the proposed day care home shall be
staggered to avoid burdening neighborhood with excessive traffic.
C. Noise ;generated from the proposed daycare home shall not exceed
established standards and policies as set forth, in the General Plan, i.e., not to
exceed Ldn 60 as measured outside orineighboring property.
d. The use permit for large family daycare shall be reviewed after one year by
the Director to identify and achieve mitigation of any adverse, conditions
related to the daycare activities' conformance to these Zoning Ordinance
regulations. The Director may mitigate problems related to noise, traffic,
parking, and Code violations by imposing new conditions, - such - . as limiting
7
,'dip»``• i} ' �,.
CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13, 1991 '465
hours of operation, requiring installation of solid fencing, subsequent or
periodic review, etc., at his /her direction. The Director shall give notice of
this review to owners and residents of property immediately adjacent to the
large family daycare to allow at least ten days for comment.
e. The facility will be operated in a manner which will not adversely affect
adjoining residences.
6. The garage shall be maintained for parking of two vehicles to insure provision of
four off - street parking spaces.
7. There shall be no more than two employees for the operation of the daycare facility
on -site at any time.
8. This use permit may be recalled to the Planning Commission for review. at any time due
0 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.
Q
III. DAVE'S AUTO BODY, 896 LAKEVILLE, AP NO. 005- 020 -43, FILE NO.
CLIP91018(hg).
1. Consideration of Conditional Use Permit to allow an autobody repair and
paint shop and towing service at 896 Lakeville Highway.
The public hearing was opened.
SPEAKERS:
Alan Tilton City Traffic Engineer - Driveway is wider than City Standard - no problems.
David Clark - 647 Bordeaux - Applicant - Planter box required will obstruct traffic and
make cars miss driveway; does not lease turn - around area noted on site plan.
Pamela Tuft Clarified conditions - believes conditions can be met by working with
property owner.
The public hearing was closed.
A motion was made by Commissioner Tarr and seconded by Commissioner Thompson to
issue a Mitigated Negative Declaration based on the following findings:
COMMISSIONER NELSON: Yes
COMMISSIONER PARKERSON: Absent
COMMISSIONER BENNETT Yes
COMMISSIONER RAHMAN: Yes
COMMISSIONER TARR: Yes
CHAIRMAN 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,
466 CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13, 1991
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 im_ portant 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 Bennett and seconded by Commissioner Tarr to
approve: a conditional use permit for an automobile repair, painting and towing service
within a .72 acre portion of the property at 896 Lakeville Highway based on the findings
and subject to the conditions listed .below:
COMMISSIONER NELSON: Yes
COMMISSIONER PARKERSON: Absent
COMMISSIONER BENNETT Yes
COMMISSIONER RAHMAN: Yes
COMMISSIONER TARR: Yes
CHAIRMAN LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Findings
1. The proposed automobile repair, painting and towing service, as conditioned; will
conform to the requirements and intent of the Petaluma Zoning Ordinance.
2. The proposed automobile repair, painting and towing service, as conditioned, will
conform to the requirements and intent, goals, and policies of the Petaluma General
Plan.
3
nuisance or proposed automobile m ental r e he paining and towing service will not constitute a
p welfare of `the community.
Conditions
1. All requirements of the Fire Department shall be complied with, including:
a. Provide fire extinguisher 4A -4013C rated dry chemical type.
b. Post address at.or near main entry door - minimum two inch letters.
C., All compressed gas cylinders in service or in storage shall be .adequately
secured. to prevent falling or being, knocked over (Section 74.107a of the 1988
Edition of the Uniform Fire Code).
d. No extension cords. All equipment and appliances shall be direct plug -in.
9
CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13,1991
e. - Provide metal or flame retardant plastic waste cans.
f. Provide absorbent material, containment drain and proper tools for handling
spills.
g ; Provide KNOX. box for key control located on. building as required by the
Fire Marshal.
h. Provide key with tag indicating address and suite number for KNOX box.
(D i. Exiting: exit ways and exit doors shall conform to 1988 Edition of the
M Uniform Fire Code and Uniform Building Code.
0 j. Businesses storing hazardous materials in amounts which require submittal
of a Hazardous Materials Management Plan to 'the Petaluma Fire
V Department shall have all documents submitted, approved and storage
Q permit issued by the Fire Marshal's Office prior to Certificate of Occupancy
approval.
k. Paint booth shall conform to Article 45, Division II of the 1988 Uniform Fire
Code.
1. Paint booth plans shall be submitted to the Fire Marshal's Office for
approval.
m. Provide plans for approved fire suppression system for paint booth to the
Fire Marshal's Office. Two copies required.
n. Permit required from Fire Marshal's Office prior to installation of fire
extinguishing system.
2. All requirements of the Building Division shall be complied with, including:
a. The project proponent must obtain approval for the proposed spray booth
from the Bay Area Air Quality Management District and the City Building
Department prior to issuance of a building permit.
b. The architect /designer of this . project shall indicate, on or with submitted
improvement plans, the Building Code Occupancy Group.
3. All requirements of the Water Department shall be complied with, including:
a.. City approved, reduced pressure, back -flow device required on water service.
4. All requirements of the Community Development Department shall be complied
with, including:
a. A landscape plan shall be provided for administrative SPARC review and
approval prior to the issuance of a building permit. Conditions 4.b. through
4.g. shall be reflected on the submitted landscape plan:
b. The planters paralleling Lakeville Highway and the warehouse shall be
widened to 10 feet and eight feet respectively. In order to maintain a
467
10
468 CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13, 1991
minimum 12 foot driveway the required eight foot planter may be tapered,
where necessary.
C. A five foot wide planter island shall be constructed along the northwest
boundary of the site, from the back of the existing walk to the said gate per
condition 4.f.
d. A six foot fence with landscaping (vining) shall be installed along the
perimeter of the rear parking lot.
e. Awnings shall be added above the door and windows of the warehouse front.
f. In place of the existing gate across the northwest driveway a .six foot' gate
recessed an additional 15 feet from Lakeville Highway shall be installed.
g. If deemed necessary staff may require, as a condition of administrative
SPARC approval, that the west drive approach be reduced in width. (No less
than 20 feet wide.)
h. Paving shall be required over all portions of the site, if any, needed for future
parking demands.
i. If completion of improvements does. not occur prior to application for a
ce ate of cupancy, a cash bond pt
" the City to insure
the stallat on of all required siitemp improvements as specified by conditions
of approval for this use permit and related administrative SPARC review.
The bond amount is to be determined by the Community Development
Director.
j. All vehicles involved in accidents or other driving incidents resulting in or
potentially causing leaking echanical fluids shall be drained of those fluids
prior to being placed and /or stored on the site.
k. All oils, gasses, and other potentially toxic and /or combustible materials
shall be properly disposed of.
1. No vehicles shall be stored on the site for more than 45 days.
m. No activities falling under the category of "auto wrecking yards per section
1 -203 of the City Zoning Ordinance shall be permitted.
n. As conditionally approved, this use permit only allows the proposed
autobody repair, painting and towing service to operate within the westerly
+/- .72 acres of the site, as defined per exhibit 1.
o. Incorporated. into the lease, cross -over access shall be provided to benefit-
that portion of the property defined per condition 4.n to permit adequate, use
of the east drive approach and .necessary maneuvering area, subject to staff
review and approval, onto Lakeville Highway from.- the site. A lease
agreement to this effect shall be provided for review and approval by the
City.
5. This use permit may be recalled to the Planning Commission for review at any time
due to complaints regarding traffic congestion, noise generation, or other adverse
11
1
CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13, 1991
operating characteristics. At such time, the Commission may repeal the use permit
or add /modify conditions of approval.
Standard SPARC Conditions
6. ° 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
Co established.
M 7. All plant material shall be served by a City approved automatic underground
O irrigation system.
8. 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.
9. Construction activities shall comply with applicable zoning ordinance and municipal
code performance standards (noise, dust, odor, etc.).
10. 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. All 4lits shall .conform to City performance standards (e.g. no direct
glare, no poles in excess of 20 feet height, etc.) and shall compliment building
architecture.
11. Any outdoor advertising signs shall be submitted for review and approval of the
Community Development Department. All signs must conform to the Zoning
Ordinance and be compatible with the building and surroundings.
IV. CITY OF PETALUMA, GENERAL PLAN AMENDMENTS, FILE NO. GPA91005
(lb)•
1. Consideration of a General Plan Amendment to correct and. clarify language
in Policy 7 of the Housing Element.
The public, hearing was opened.
SPEAKERS: None
The publichearing was closed.
12
4611)
470 CITY OF PETALUMA - PLANNING COMMISSION MINUTES. - AUGUST 13, 1991
A motion was made by Commissioner Bennett and seconded by Commissioner Rahman to
recommend to the Ci Council approval of the General Plan Text Amendment as
amended; based on the %ilowing findings:
COMMISSIONER NELSON: Yes
COMMISSIONER PARKERSON: Absent
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
COMMISSIONER TARR: Yes
CHAIRMAN LIBARLE: Yes
COMMISSIONER THOMPSON: Yes
Findings:
1. The proposed amendment is 'deemed to be in the public interest in that it would
correct the growth management policy to reflect the previously adopted amendment
and implementing ordinance.
2. The proposed. General Plan amendment is consistent and compatible with the rest
of the General Plan and, any implementation programs that may be affected because
it serves only to correct the language to reflect 'a previously approved amendment
and implementing ordinance.
3. The proposed amendmentis exempt from the California Environmental Quality Act
under Section 15061 (b) (3) of the CEQA Guidelines because there would be no
effective change in the City's housing policies or implementation procedures and
there, is no potential to affect the environment.
4. The proposed. amendment has been processed in. accordance with the applicable
provisions of the California Government Code and the California Environmental
Quality Act.
"Policy. 7s The residential allocation pool, as established by the City
Council in accordance with the growth management system, shall not exceed
on ax average, of 500 allotments per year, no more than 1,000 allotments in
any one year, and no more than 1,500 in any three year Period exclusive of
projects targeted for households of very low and low income and senior
citizens."
NEW BUSINESS
PLANNING MATTER
V. SHELL, 4990 PETALUMA BOULEVARD NORTH, AP NO.007- 412- 09,akt).
1. Consideration of an appeal of an administrative decision to deny a building
permit for revision to a non - conforming sign.
DISCUSSION:
Vince Padilla - Applicant representative - Proposed sign would be more attractive; other
sign on corner contains pricing information required by State -sign cannot be lowered
because it-would not be visible above trees.
13
CITY OF PETALUMA - PLANNING COMMISSION MINUTES - AUGUST 13, 1991
471
A motion was made by Commissioner Tarr and seconded by Commissioner Nelson to deny
appeal, thereby requiring applicant to bring all signs on site into conformance with the
Zoning Ordinance.
COMMISSIONER NELSON: Yes
COMMISSIONER PARKERSON: Absent
COMMISSIONER BENNETT: No
COMMISSIONER RAHMAN: No
COMMISSIONER TARR Yes
CHAIRMAN LIBARLE: No
COMMISSIONER THOMPSON: Yes
Split Vote - Motion is defeated.
0 A motion, was made by Commissioner Bennett and seconded by Commissioner Tarr to
approve a sign modification to allow replacement of logo with no increase in height to
U outside poles reducing overall height of non - conforming sign from 33 to 27 feet based on
the finding listed in the staff report.
COMMISSIONER NELSON: No
COMMISSIONER PARKERSON: Absent
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: No (Did not believe Planning Commission had the
authority to require applicant to do this.)
COMMISSIONER TARR: Yes
CHAIRMAN LIBARLE: Yes
COMMISSIONER THOMPSON: No
Split Vote - Motion is defeated.
This item, was postponed to the Planning Commission meeting of September 10 (when full
Commission is expected to attend). Commissioner Parkerson will review tape prior to
September 10 meeting.
VI. BISELLACH, 1020 ASPEN, AP NO.005- 152- 13,Ukt).
1. Consideration of an appeal of an administrative decision to deny approval of
an illegal addition in the required rear yard setback.
DISCUSSION:
John Balshaw 1680 Kearney Court (character witness for appellant) - gave history of
project (Neighbors all prefer this addition to anything else; this is dust a neighborhood issue
- structure should be left in place; siding was put up prior to Stop Work Order.
Bonnie Nelson - Has building permit been approved for Patio A?
Pamela Tuft - Yes it has been - Planning Commission need only consider Patio B.
Andy Bisellach - 1020 Aspen Way Appellant - 2 cars stored in area now - will relocate if
Planning, Commission requires it; has not done any work since Stop Work Order posted;
removed canvas and replaced with siding because he felt it looked better.
John Balshaw - Neighbors are concerned that structure could be removed and another
structure could be built which could be closer; there are many, many other illegal non-
conforming structures like this in Petaluma.
14
..........
rYJ2C�gisSGi�ir7a�casF. +— . >.. Y. .*^ ... .... ......q ._. - �...... —....- ....�._.._.�..........- . -.. —_. ... .�, ..
472 CITY OF PETALUMA - PLANNING COMMISSIWMINUTES - AUGUST 13, 1991
Bonnie Nelson - Felt that staff was being generous in allowing S feet instead of 20 feet as
Zoning Ordinance now reads.
A motion was made by Commissioner Tarr and seconded by Commissioner Nelson to deny
the appeal of an administrative decision based on the findings listed below.
COMMISSIONER NELSON: >>Yes
COMMISSIONER PARKERSON: >>Absent
COMMISSIONER BENNETT: »No (wants this type of appeal to go directly to City
Council)
COMMISSIONER RAHMAN: »No
COMMISSIONER TARR: »Yes
CHAIRMAN LIBARLE: Yes
COMMISSIONER THOMPSON: >>Yes
Findings
1. Patio B was constructed without building permits, and does not meet Zoning
Ordinance setback requirements, and
2. The owner must remove the structure or request a building permit to:
a. detach the structure from the principal dwelling, and modify the rear of the
structure to reflect a 5' -0" rear yard setback, or
b. modify the rear of the structure to reflect a 5' -0" rear yard setback (if Zoning
Ordinance Amendments Section 21 -201 is approved by the City Council).
(Community Director Salmons volunteered to write Zoning Ordinance Amendment to
appeal directly to Council and not to Planning Commis sion• will consult with City Attorney
to determine Planning Commission latitude).
ADJOURNMENT 10 :25 PM
min0813 / pcmin -4
15