Loading...
HomeMy WebLinkAboutMinutes 05/22/198932 f' PETALUMA PLANNING COMMISSION 22 May, 198.9 SPECIAL MEETING Monday, 5:00 P.M. CITY COUNCIL CHAMBERS, CITY' HALL PETALUMA, CALIF. The. Planning C "ornmission encourages applicants or their representative 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.. PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL COMMISSIONERS: Bennett, Libarle, Parkerson *, Read., Cavanagh COMMISSTONERS ABSENT: Doyle, Tarr STAFF: Warren Salmons, Director Pamela Tuft, Principal Planner Chairman PUBLIC COMMENT : ( 15 minutes' maximum) . The Planning Commission will hear public comments only on matters over which they have jurisdiction. There will be no Commission discussion. 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. Speakers Angela Dowd - 512 F Street - Concerns with traffic on D and F Streets:; streets too narrow Sunnyslope has problems already - Westridge will cause further congestion.. Not enough parks or playfields in City of Petaluma. Mr. Stapleton 209 Sunnyslope - Westridge EIR - Assessment District is un air. COMMISSIONER COMMENT None. CORRESPONDENCE Letter from Ron Goode regarding Westridge"/LAFCO. DIRECTOR'S REPORT None. COMMIS'SIONER'S REPORT None.. I 1 n 1 32 7 NEW BUSINESS I. WESTRIDGE UNITS 4 AND 5, CONDIOTTI ENTERPRISES, "I" STREET, AP NO. 019- 240 -04 and PORTION OF 019 - 401 -02, (File 11.864) . 1 ;;. Consideration of "alternative site" information applicable to approved project. A motion was made by Commissioner Libarle and seconded by Commissioner Cavanagh to recommend that the City Council forward to LAFCO the alternative site analysis and supporting data for review of the proposed annexation, based on the findings listed below: COMMISSIONER BENNETT - Yes [c COMMISSIONER CAVANAGH - Yes COMMISSIONER DOYLE Absent COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes s COMMISSIONER READ - Yes COMMISSIONER TARR - Absent 4 Findings 1. That the Final EIR for the proposed annexation and subsequent development was certified, approved and adopted by the City Council by Resolution 88 -388. 2. That the City of Petaluma respects the right of LAFCO, as a responsible agency, to request preparation of additional information to be appended by it to the City's certified final Westridge 4 and 5 EIR in the form of an EIR addendum if it so desires. 3. That the City of Petaluma hereby offers for LAFCO's consideration and use, analysis of alternative site for the proposed Westridge 4 and 5 development for its consideration and use during its deliberations of the annexation. ADJOURNMENT 5:20 PM. r E 328 PETALUMA PLANNING COMMISSION 23 May, 198,9 REGULAR MEETING Tuesday, 7 :00 p.m. CITY COUNCIL CHAMBERS, CITY HALL PETALUMA, CALIF. The Planning Commission encourages applicants or their representative 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. PLEDGE OF ALLEGIANCE TO THE FLAG - ROLL CALL COMMISSIONERS: Bennett, Libarle, Parkerson *, Tarr COMMISSIONERS ABSENT: Cavanagh, Doyle, Read STAFF: Pamela Tuft., Principal Planner Jenny Cavanagh, Assistant Planner Teryl Lister, Assistant Planner * Chairman APPROVAL OF MINUTES Minutes of May 9, 1989 were approved with a correction to Page 1. PUBLIC. COMMENT (15 minutes maximum) . The Planning Commission will hear public comments only on matters over which they have jurisdiction. There will be no Commission discussion. 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. Speakers None. COMMISSIONER COMMENT None. CORRESPONDENCE Letter regarding Baywood Shopping Center. DIRECTOR'S REPORT Update on budget; Petaluma received a $50,000 grant from Coastal Conservancy Group for preparation of a river habitat enhancement /public access plan,; Honorable Mention from the Northern California Chapter of the American- Planning Association for In =Lieu Housing Program. COMMIS'SIONER'S REPORT None. 1 329 READING OF APPEAL RIGHTS: Within fourteen . (14) calendar days followi iag the date o? 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 applicant. OLD BUSINESS CONTINUED PUBLIC HEARING (v 1. BAYWOOD VILLAGE, BAYWOOD DRIVE AT LAKEVILLE HIGHWAY, AP NUMBERS 005 - 060 -36, 005= 201 -01 (File Numbers 1.600, 3.392, 8.114, 11.859). Commissioner Bennett abstained from this item due to the fact that he operates a business in this area. 1. Continued consideration of Environmental Impact Report for 128,000 square foot shopping center. 2. Continued consideration of General Plan Amendment. 3,. Continued consideration of Rezoning. 4. Continued consideration of Conditional Use Permit. The continued public .hearing was opened. SPEAKERS: Warren Owens - Applicant - 10841 Noel Street, Suite 107, Los Alamitos - Answered questions regarding request for continuance. Lawrence Ray - 1325 Evergreen - Traffic problems in this area'- submitted petition with approx. 400 signatures opposed to this project; did not want a "Better Buys" in this area because of the large market area it would serve. Claude Kaiser - Co- applicant, believes traffic counts are much too high; this will not be a re. gional shopping center - the EIR has mistakes in definition of the center and in traffic counts. Michael Schell - 1016 Palmetto Way - Expressed concerns on the existing traffic problems without this shopping plaza. Warren Owens - applicant - Some neighbors were asked for their input - some 'items that were problem areas have been discussed with neighbors. Peter Whalen - 3440 Mendocino Avenue - Representative of "Better Buys" grocery stores - store is quality- oriented; also owns Petrini's; proposed store 'would create about 100 -150 new jobs. Roger;. Brown - 2300 applicant; displayed sq.ft.j - pushed requirements; truck been improved. N. Charles Street, Baltimore, Maryland - Architect for revised rendering of site; building reduced to 110,000 buildings to back of site; parking ratio nearing docking at entrance to site; circulation on site has 330 Bob Burgess - 1600 Riviera Blvd., Walnut Creek - leasing ,agent, applicant representative - has been involved in discussions with EIR authors,. Ken Giffin - Owns Shell station on Baywood - EIR recommended prohibition of let turns into Shell station - any revisions proposed to continue access? Lawrence Ray - 1325 Evergreen - will this store be 24- 4iours? Will it advertise in any newspaper other than Argus- Courier? Greg Mervich - Corner of St. Francis and Baywood - traffic is already very bad Petaluma does not need another center Tike this. Peter Whalen - 3440 Mendocino advertising ' will not be extensive 10 -15% of normal; store will be nicer than Food -4 -Less (Santa Rosa) . Bob Burgess - Leasing agent for property Site is zoned C -N wants to work with neighbors and City on excellent project; smaller volume than Food -4- Less,. Commission Discussion: Commissioner Libarle - thinks traffic- is too heavy now. Commissioner Tarr - Finds EIR is adequate with the addendum. Commissioner Parkerson - Thanked the applicant for work on the project - felt the EIR was adequate and states concerns. The public hearing was closed. A motion was made by Commissioner Tarr and seconded by Commissioner Libarle to recommend to the City Council certification of the Final EIR with addendum, based on the findings listed below: COMMISSIONER BENNETT - Abstain COMMISSIONER CAVANAGH Absent COMMISSIONER DOYLE - Absent COMMISSIONER ;LIBARLE - Yes COMMISSIONER READ - Absent. COMMISSIONER TARR - Yes CHAIRMAN PAR'KERSON - Yes Findings 1. The Environmental Impact Report for the Baywood Village Shopping Center, as further amended,, adequately evaluates the project's impact upon the environment and has been completed in, accordance. with the California Environmental Quality Act and in accordance with the Guidelines for implementation of said Act prescribed by the State of California Secretary of Resources and with the Local' Guidelines .implementing the California Environmental Quality Act adopted by the Council of the City of Petaluma. 2. The Planning Commission has reviewed. and considered the information in the Environmental Impact Report; and qualified consultants have prepared the Environmental Impact Report. 3 i 3. The Environmental Impact Report adequately describes possible alternatives. to the proposed project., as well as all. significant irreversible environmental changes which would be involved in the p roposed action should it be implemented. f. 4. The Environmental Impact Report adequately describes the cumulative and long -term effects of the proposed project which might adversely affect the state of the environment. i 5. The Environmental Impact Report adequately addresses the growth- inducing impacts of the proposed project. i A motion was made by Commissioner Tarr and seconded by Commissioner Libarle to deny without prejudice the General Plan Amendment request based 'on the following findings: co COMMISSIONER BENNETT - Abstain COMMISSIONER CAVANAGH - Absent COMMISSIONER DOYLE - Absent COMMISSIONER LIBARLE - Yes COMMISSIONER READ - Absent COMMISSIONER TARR - Yes CHAIRMAN PARKERSON - Yes I Findings 1. The property owner of AP Number 005 - 201 -01 has withdrawn his consent allowing the. :project proponent to act as his agent in filing said General Plan amendment. I 2. -As the project proposal will require substantial design change in response to mitigations recommended in the EIR, approval of a General P lan Amendment for the site is premature. A motion was made by Commissioner Libarle and seconded by Commissioner Tarr ;to deny without prejudice the rezoning based on the following findings: COMMISSIONER BENNETT - Abstain COMMISSIONER CAVANAGH Absent COMMISSIONER DOYLE - Absent COMMISSIONER LIBARLE - Yes COMMISSIONER READ - Absent COMMISSIONER TARR - Yes CHAIRMAN PARKERSON - Yes I Findings 1. The property owner of AP Number 005 - 201 -01 has withdrawn his consent allowing the project proponent to act as his agent in filing for said rezoning. 331 2. The proposed rezoning is not consistent with the General Plan. I i i 4 332 3. As the project,, -proposal will require substantial design change in response . to mitigations recommended in the EIR, approval of a rezoning is premature. A motion was made. b Commissioner Tarr and seconded by Commissioner Libarle to deny without prejudice the conditional use permit. based on the following findings: COMMISSIONER B`ENNETT - Abstain COMMISSIONER CAVANAG'H - Abs_ ent COMMISSIONER DOYLE - Absent COMMISSIONER LIBARLE - Yes COMMISSIONER READ - Absent COMMISSIONER TARR - Yes CHAIRMAN PARKERSON - Yes Findings 1. The proposed use is not consistent. with the Petaluma Zoning Ordinance or the Petaluma General Plan. 2. Mitigation measures recommended ;in, the EIR will require substantial redesign of the project to. the degree that the mitigated .design of the project cannot be adequately evaluated at this time. NEW BUSINESS PUBLIC HEARING II. KEN FRANKEL, 145 KELLER STREET, AP NO. 006- 362 -20, ('File 1..626). 1. Consideration of EIQ,. 2. Consideration of Conditional Use Permit to allow two-screen movie theater in existing building. The public hearing was opened; SPEAKERS: Ken Frankel - 6 Angela Ave., San Anselmo - Satisfied with conditions., The public hearing was closed. A motion was made, by Commissioner Bennett and seconded by Commissioner Libarle to approve the issuance of a, Mitigated Negative Declaration based on the following findings: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER BENNETT - Yes CAVANAGH - Absent DOYLE Absent LIBARLE - Yes READ - Absent TARR - Yes E 3 33 CHAIRMAN PARKERSON - Yes Findings • ■ s� 1. Potential impacts related to aesthetics and land use have been mitigated by the conditioning of SPARC project review. 2. Potential impacts related to air (dust) have been mitigated by requiring that the parking area be paved. 3. No other potentially significant environmental or land use impacts were identified. i i 4. This project is consistent with the objectives, goals, and policies of the General Plan. A motion was made by Commissioner Libarle Bennett to approve a conditional use permit on the findings and subject to the conditions, i. COMMISSIONER BENNETT - Yes COMMISSIONER CAVANAG,H Yes COMMISSIONER DOYLE - Absent COMMISSIONER LIBARLE - Yes COMMISSIONER READ - Absent COMMISSIONER TARR - Yes CHAIRMAN PARKERSON Yes Fin din1g s and. seconded by Commissioner for a two - screen theatre based as amended, listed below: 1. this use permit is consistent with the Central Commercial District and the City of Petaluma Zoning Ordinance. 2. This use permit, as conditioned, is consistent with the objectives, goals , and policies of the General Plan and the General Plan Community Commercial designation. 3. No significant environmental or land use impacts will result from this project. A Negative Declaration has been recommended. Conditions: 1. This use permit shall allow a movie theatre with two screens for the showing of movies only. This conditional use permit precludes and hereby prohibits the showing of any .movies which would fall within the classification of "adult entertainment" as described in Section 21 -410 of the Petaluma Zoning Ordinance. No other special events or commercial recreation uses shall be permitted under authority of this use permit. Hours of operation shall be 5:00 PM to 11:00 PM, Monday through Thursday, 5:00 PM to 2 :00 AM Friday through Sunday. 2. Theatre operation shall substantially conform to the "Narrative for Use Permit Application" submitted by the applicant and attached hereto i � 6 I i t 334 except where Planning Commission or SPARC conditions are more restrictive. 3. Should substantive complaints be received regarding approved theatre hours 'of operation, this permit may be referred by the Planning Director to the Planning Commission for establishment of hours of operation and' /or other relevant conditioning. 4. The following requirements of the Fire Marshal shall be met: a. Provide fire extinguisher 2 A rated ABC dry chemical type as required by the Fire Marshal, b. Post address at -or near main entry door; minimum two inch letters. C. ''No extension cords. All equipment and appliances shall be direct plug-in. d. Provide metal or flame retardant plastic waste cans. e. Provide KNOX box for key control located on building as required by the Fire Marshal. e f. All curtains, drapes, hangings and other decorative ;material shall be of flame retardant 'material or treated with an, approved fire retardant chemical, by a State Fire - Marshal Licensed Applicator. g. Provide exit lights over or near all required exits. h. Provide emergency lighting in all public areas and at or near all required exits. i. All emergency lighting,, exit lights shall be on separate circuits with lock on circuit breaker panel. j. Provide panic hardware on all required exit doors. k. Exiting: exit ways, exit doors shall conform to 1985 Edition of the Uniform Fire Code and. Uniform Building Code. 1. Provide plans for projection room. 5. The following requirements of the Building Inspector shall be met: a. Provide handicapped access. b. Exits to conform to Chapter 33 of UBC. C. Provide details of projection room -. d. Exit aisles shall be sloped as required by UBC Section 33. 7 6. Improvement plans shall Be submitted for SPARC approval. The rear of this lot, subject to SPARC review and approval, may be used for employee parking and trash enclosure only, in compliance with the following requirements: a :. Parking lot layout shall meet City Standards as closely as possible given the substandard width of the proposed area. bl. No backing out of vehicles onto Washington Street shall be permitted c?. The lot shall be paved and include appropriate landscaping of remnant areas subject to SPARC review and approval. Landscape strip shall be provided along Washington Street if the area will not be used for parking. d. Location of trash enclosure meeting City Standards. Durable, dustless surface shall be provided to enclosure. e,. Review of painting /facade improvement for concrete block building. f'. Review of all exterior lighting and proposed sign locations. 7. Improvement plans for the front elevation shall be submitted for Administrative SPARC approval. Front elevation shall focus on the treatment of the building interior /window display as viewed from the sidewalk and proposed signs. The building sidewalk frontage shall be designed to be visually pleasing at a pedestrian scale, and not contain a development which turns its back on the street. Plans shall include the provision of street trees if deemed feasible by City staff. III. REDWOOD FITNESS CENTER, 717 NORTHPOINT, LOT #1, PART OF AP NO. 007 - 401 -12, (File No. 1.627) . 1. Consideration of EIQ. 2. Consideration of Conditional Use Permit for 13,030 sq.ft. fitness center. The public hearing was opened. SPEAKERS: Dick Lieb - Applicant representative - Answered questions - no problems with conditions; biological study is already being undertaken; operators of existing building will work with Fish and Game and Corps of Engineers. Commissioner Comments Commissioner Parkerson The building and man -made drainage swale are both fiery close to the freeway. The drainage swale adds to the buffer between the highway and urban development which will be lost if culverted. 0 The public hearing was closed. A motion was made by Commissioner Libarle and seconded by Commissioner Bennett to approve a negative declaration based on the following findings: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN PAR Findings BENNETT - Yes CAVANAGH - Absent DOYLE - Absent LIBARLE - Yes READ - Absent TARR - Yes KERSON - Yes 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 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 effects which will cause substantial adverse effects on human beings, either directly or indirectly. 5. The project, as conditionally approved, 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 Tarr to approve a conditional use permit based on the findings and subject to the following conditions: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN PAP BENNETT - Yes CAVANAGH - Absent DOYLE - Absent LIBARLE - Yes READ - Absent TARR - Yes XERSON - Yes i 7 i Findings 1. The proposed use, subject to the following conditions, will conform to the intent of the Zoning Ordinance and the policies of the General Plan. i I 2. The proposed use, subject to the following conditions, will not constitute a nuisance or be detrimental to the public welfare of the community. i Conditions 1. The granting of the conditional permit is contingent upon the (� resolution of the following items, subject to staff review and approval: co a: The determination of jurisdiction by both the Corps of Engineer and Department of Fish and Game and review and approval of the f proposed enclosure of the Corona Creek tributary. b , Completion of a biological study to assess the possible impacts associated with the proposed undergrounding improvements. Scope, content and conclusions of study subject to Department of j Fish and Game and City staff approval. Cost of study to be borne by the developer. c! Proof of adequacy of proposed under.grounding improvements, to handle future build -out storm water flows shall be completed by the applicant, subject to review and approval by SCWA and the City of Petaluma. di Written determination by Cal - Trans of the possible need for additional right -of -way for future widening of Highway 101. Should additional right -of -way be needed, applicant shall submit a revised plan for City review and approval. i Failure to resolve all of the above items, to staff review and approval, shall require re- review of the proposed use and site plan by the Planning Commission. 2. Snack bar shall be restricted for use of fitness center clientele only, no separate advertising or operation shall be permitted. 3. No SPARC review of the proposed building shall be scheduled until completion of all items set forth in #1 above., to staff approval. 4. The granting of this conditional use permit shall supercede the use permit granted in March 1986 for 1372 North McDowell to Gary -R'amatici. The March 1986 use permit shall become null and void immediately upon the commencement of fitness center use at 717 N'orthpoint Boulevard as now proposed. 5. Site design review of the :proposed building; shall include particular emphasis on landscaping and architectural quality from the Highway 101 frontage. I 10 337' 338 6. Proposed development shall comply with all requirements of the "Southpoint Business Park ", C.. C &R. s, Landscaping Master `Plan and exterior sign program, subject to SPARC review and approval.. 7. The hours of operation shall be 5 :0:0 AM to 10:00 PM,, Monday :through Friday and 8:,00 AM to 6;:00 PM Saturday and Sunday. Maximum occupancy, including staff shall not exceed 110 persons. 8. Noise attenuation measures shall be incorporated into the construction of the building to: insure compatibility with adjacent lease spaces, subject to staff review and approval at time of building permit issuance. 9. This conditional use permit shall 'be recalled to the: Planning Commission at any time, in response, to complaints, on disruptive operating characteristics,, including but not limited to generation of noise or excessive traffic. 10. Project ;shall comply . with all - requirements of the Fire Marshal and Chief Building Inspector. 11. Project shall be .subject to all applicable development fees.. IV.. GENERAL PLAN AMENDMENTS 1. Consideration of EIQ 2. Consideration of General Plan. Amendment changing land use designation from Public and Institutional to Urban Standard Residential (up to 5 du /ac)' on 1.4 acres of property located at rear of Veteran's Memorial Building, AP No. 008 - 471 -06, (File No. 8.102C) The public hearing was opened SPEAKERS: Steve Crook - 65 Mission - Very noisy in parking lot of Veteran's Building - too much noise during events Mike Jones - 89 Mission - property next door. to Veter-an's. Building - too much noise already - many new units in this area.; should have some open space. Commissioner- Comments Commissioner Tarr Concerns that there should be a noise study for this amendment. This item was continued to the Planning Commission meeting of June 13th to allow staff time to supply more information on environmental (open space and traffic) concerns. ADJOURNMENT 8':50 PM. 11