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HomeMy WebLinkAboutMinutes 07/11/1989374 PETALUMA PLANNING COMMISSION July 11, 1989 REGULAR MEETING Tuesday, 7 :00 p.m.. CITY COUNCIL CHAMBERS, CITY HALL PETALUMA, CALIF. PLEDGE OF ALLEGIANCE TO THE FLAG ROLL . ALL COMMISSIONERS: Balshaw, Doyle, Libarle, Parkerson*, Read, Tarr COMMISSIONERS ABSENT: Bennett STAFF: Warren Salmons, Director Pamela Tuft, Principal Planner Mike Moore, Principal Planner Jenny Cavanagh, Assistant Planner Teryl Lister, Assistant .Planner * Chairman APPROVAL OF MINUTES Minutes of June 27, 1989 were approved with corrections to pages 1,15 and lb. 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 requesting continuance for Plaza Mobil project. DIRECTOR'S REPORT APA Award, membership list. COMMISSIO.NER'S REPORT Councilmember Balshaw welcomed by Ross Parkerson and other Commissioners. Councilmember Balshaw made comments regarding his role as Council liaison to the Commission. READING OF APPEAL RIGHTS 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 1 3'7`5 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 I. SKIKOS, FRUIT STAND /CONVENIENCE MARKET, 1110 PETALUMA BLVD. NORTH, AP NO. 19- 030 -03, File 1.630. (Continued from 6/27/89 meeting). 1. Consideration of EIQ . 2. Consideration of Conditional Use Permit to allow a convenience market. A motion was made by Commissioner Read and seconded by Commissioner Tarr 'to recommend applicant withdraw his use permit application and to make the determination that this project falls within the parameters of a permitted principal use within the CN District provided not more than 200 of the . 'total sales floor area is devoted to the sales of non - produce items. Commission Discussion: Commission concerns were expressed regarding regulation of 20% floor space; lack of adequate parking; recall of project for review; if problems arise. COMMISSIONER BALSHAW - Yes COMMISSIONER BENNETT - Absent COMMISSIONER DOYLE - ,Abstain COM'MI +SSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER TARR - Yes PUBLIC HEARINGS II. MIREMONT, 210 CHERRY STREET, AP NO's 006- 031 -03, 16; (File No. 6.941). 1. Consideration of EIQ. 2. Consideration of a Tentative Map to allow an 8 -lot residential subdivision. The public hearing was opened. SPEAKERS: Greg Freitas - Urban Planning Associates - applicant representative - This project, has been discussed with planning staff for a year. Presented overview of project; problems with conditions 5i; 11 (cannot be required to go through SPARC per Code) ; 13 (questions about compliance) suggests rewording condition; 14 (this is the major concern) does not want greater setbacks than District requires. 2 Tim Veness - 211 Cherry Street - across street from Lot 1 too much building in area already; street too narrow; Liberty Street access should be considered. Tim Sullivan. - ' 800 Keokuk - Concerns regarding widening Cherry Street; development will be an asset to the neighborhood; concerns regarding. overall character change of area. The public hearing was closed. Commission Discussion General discussion of driveway on Lot 3. Commissioner Balshaw felt conditions regarding property line setbacks are extra - .ordinary; does not want to become mediator between City staff and developer. Commissioner Tarr felt Administrative SPARC review should be imposed on this. ,project, would like to continue this item. Commissioner Parkerson does not feel another driveway should be allowed off of Cherry` Street.; there should be design guidelines; need setback clarifications; drawings should show neighboring existing developments. This item was continued to the Planning Commission .meeting of July 25th to allow applicants and staff to clarify concerns. III. LIPMAN /MOYNIHAN, ST. JAMES ESTATES' -, ELY BOULEVARD, SOUTH OF MADISON STREET, AP NO's 007- 51.0 -36, 42, 43;' (File No. 6.939) . 1. Consideration 2. Consideration 3. Consideration subdivision. of EIQ. of rezoning from PUD to R -1, 6500. of a Tentative Map to allow a 19 -lot residential The public hearing was opened. SPEAKERS: B Lip - 180'1 Meadowview _Drive - Project owner answered questions. Tux Tuxhorn - Project applicant/ developer - concerns regarding; setbacks, single -story . structures on lots adjoining existing houses; parking is not a problem. LeRoy Carnolozi - Project Engineer parking in front of church - curb can be moved to accommodate more landscaping. Del Woods - 132 Rene Drive - Can live with 7' sideyard setback adjacent to his lot if nearest structure is garage. Judy Hillery - 745 E. Madison - does not like soundwalls; prefers neighborhood look instead: wants redwood fences as opposed to masonry. The public hearing was closed. 3. 3 '7`'7 A motion was made by Commissioner Libarle and seconded by Commissioner Read to recommend to the City Council finding for a mitigated negative declaration based on the following findings: COMMISSIONER BALSHAW - Yes COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Findings BENNETT - Absent DOYLE - Yes LIBARLE Yes PARKERSON - Yes READ - Yes TARR - 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. Any impacts related to the potential archaeological sensitivity of the site are mitigated through conditions of approval. ' 6. The traffic impact of this nineteen -unit subdivision will be slight, relative to the capacity of the existing road network and the impact of the subdivision will be mitigated through conditions of approval. 7. The potential adverse drainage impacts of the project are adequately mitigated through conditions of approval. A motion was made by Commissioner Read and seconded by Commissioner Tarr to recommend a rezoning for this project based on the two findings set forth below: COMMISSIONER BALSHAW - Yes COMM- ISSIONER BENNETT - Absent COMMISSIONER DOYLE - Yes COMMISSIONER LIBARLE - Yes 4 3 COMMISSIONER. 'PARKERSON - Yes COMMISSIONER. READ - Yes COMMISSIONER 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 Libarle and seconded by Commissioner Balshaw to recommend approval of the tentative map based on the findings and subject to the amended conditions listed below: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER BALSHAW - Yes . BENNETT - Absent DOYLE - Yes LIBARLE' - Yes PARKERSON - Yes READ - Yes 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 public access on a public road 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.. 8. The design of the subdivision and the type, of improvements will not cause serious public health problems. Conditions 1. All requirements of the Fire Marshal shall be complied with, including,: 61 379, i �i v a,. Fire hydrants shall be installed per Fire' Marshal requirements at the- fo}lawinglozatioxrsr- £ot --3rr arit}- Propertq`=1me- bztweerr- bots -19 anc-4 b., Roofing and siding materials shall comply with Class "B" fire rating as required by Uniform Fire and Building Codes. 2. All requirements of the Engineering Department shall be complied with, as follows: 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. All portions of the existing roadway structural section for St. James Way, not proposed to be rebuilt, shall require verification this section meets a traffic index equal to 4.0 and a basement soil R -value equal to 5.0. C. The developer shall contribute a pro -rata share for the installation of a landscape median island on Ely Blvd. Dollar amount shall be based on the amount of frontage of this property on Ely Blvd. and shall be calculated by the developer's engineer to the satisfaction of the City Engineer. d d Appropriate signing for no parking shall be required in the hammerhead along Ely Blvd. on one side of St. James Way and St. James Court. e: The width of the hammerhead shall be increased from 20 feet to 25 feet to insure adequacy of the emergency vehicle turn - around. f.: All broken curb, gutter and sidewalk shall be replaced per City Standards. g If the existing storm drain in St. James Way is to become public, verification is needed to insure it was designed and installed in accordance with City Standards. This would also include the grate inlets. h. The existing sanitary sewer lateral to be removed was originally installed to serve the church property. The developer's engineer shall verify its present use prior to removal. i. If the developer wishes to retain the existing street lights along St. James Way, the developers street light designer will be required to certify they are equivalent to standard PG &E street lights. It is recommended all non - standard street lights be maintained through , a lighting and landscape assessment district. 3. Final landscape and irrigation plans for public areas shall be subject to review by the Parks and Recreation Department prior to final approval. 4. All requirements of Pacific Bell, as reflected in letter dated March 23, 1989, shall be complied with. 5. The following minimum setbacks and /or height restrictions shall be adhered to: a. Lots 9 and 1 (Phase 2) shall have a minimum 7 �5 foot (west) side setback to a one story garage and a minimum fifteen foot (west) 3 side setback to a two story house ancl-- sha��- be- irmte$ - -}- ato 'r'res- -ox��r- �ect- iir- heigkt . b. Lot 1 ('Phase 1) shall have a ten foot (west) side setback. C. Lots 12 and 14; shall have 25 38 foot minimum rear setbacks and be limited to one .story d. Corner and reversed corner lots shall have 10 and 15 foot street side setbacks respectively. e. I -tems a, b and c shall 'be recorded with the final map through deed restrictions. 6. A wood .so.und -arAl attenuation fence shall be provided for Lots 4 (Phase 1,) and 8 (Phase 2' ) , adjacent to Ely Boulevard. Said wa41 _fence shall be on the property line and wrap back to each house at the respective front setback lines. Landscaping shall be provided against the outside of the soundrwa}l All are subject to review 'and approval by City staff. 7. The applicant shall provide for perpetual maintenance of all. landscaped areas (existing landscaping which will he located in the public right -of -way, and the proposed_ street tree planting strips and the sourrdwaH fence and landscaping required per Condition. 6) contained on public property or within the right -of -way, to the satisfaction of the Directors of Community Development and Parks and Recreation and subject to final approval by the City Council. Perpetual maintenance may be accommodated through a maintenance assessment district,, the formation of which must be ratified by the City Council, prior to final map approval._ Maintenance assessment districts are set up by the City through funds provided by the developer. 8. The project sponsor shall be required to pay low and moderate income housing in -lieu fees of an amount to be determined according to the schedule established by City Council Resolution No. 84 - 199 N. C. S . or make alternative arrangements to meet the low and moderate income P vision requirements of the Housing. Element,, subject to a -h ousing pp of City and prior to approval of the Final Map. 9. The development. plan /landspace plan and unit architecture are subject to review by SPARC_ All SPARC conditions of approval which affect the tentative map shall be 'incorporated prior to :final' map submittal. SPARC review shall also include particular emphasis on the following: a. Provision of at least 10% of the units in an architectural design substantially different from the remaining units within the project, in response to General Plan policy. b. Where homes are located adjacent to existing homes, privacy shall be protected to the degree possible,. C. Architectural design of wall. d. Transition between St. James Way and the Petaluma Senior Citizen Apartments . e. Driveway location to maximize on-street park'ng egtmcy - -vf parking -- f'twv= zvvered- rrd- -tn-e =- spaces- pew -ivt- -are regtzre�3 . f;, Decorative six foot high (as measured from grade of project) solid fencing shall be provided around the project site perimeter and I i i i around all private lots, subject to the setback requirements specified in the Zoning Ordinance, and subject to design approval by staff. Perimeter fencing shall: be installed by the developer at the time public improvements are constructed and may supplement existing fencing where deemed appropriate by staff. Private lot fencing shall be installed as part of the development of each individual lot. 10. two covered and three uncovered spaces shall be required on Lots L.9,12 and 14 Phase 2). All other lots shall provide two covered and two uncovered }911, Any signs erected to advertise or direct persons to the project shall meet the requirements of the City sign ordinance and obtain a (� sign permit from the City. � 1 } }12. A public access easement shall be provided wherever the sidewalk i� located on private property. 13. Non - access easements shall be provided to Cit to preclude access to Ely t o or from Lots 4 Phase 1 and '8 Phase 2 ). }�14. 1 Noise mitigation measures in addition to sound wall fence shall be incorporated in home construction as necessary such that noise levels inside homes will not exceed 40 dba, in bedrooms and 45 dba in other habitable rooms. Compliance with this condition shall be certified by a recognized acoustical professional prior to issuance of a building permit. Trucks and other heavy construction equipment traffic shall not access the site via Madison Street. }416.1 This project shall participate in any future assessment districts or other funding mechanisms formed to improve areawide flooding or other L ub- regional problems for which development of this project is found to be a contributing factor. Major Capital Facilities Fees, if found to be different from said funding mechanism, shall also be applicable in an 'amount to be determined by the City Council prior to Final Map approval, payable at time of Final Map or pursuant to adopted -regulations. }5 The following Development Fees shall be applicable to this project: Community Facilities, Storm Drainage Impact, Park and Recreation Land Improvement, School Facilities Impact and In -Lieu Housing. }6 The project sponsor shall execute a binding agreement which shall (stipulate that upon close of escrow of each residential dwelling unit in St. James Estates, developer shall pay a traffic impact fee of $150.00 Ao 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 F'ee prior to close of i escrow of any unit(s), the fee for said unit(s) and all subsequent units in this project thereafter will be either $150.00 per trip end of i i. I � 8 I i i 381 5f i the Major Facilities Traffic Mitigation Fee, whichever is less on a per unit basis. -1-7 I -f prehistoric or historic remnants are encountered during project construction, work shall be halted and a qualified archaeologist contacted to evaluate the finds. - Mitigation measures prescribed by the archaeologist and required by the City should be undertaken prior to resumption of construction activities. -1$ Project street name shall be subject to approval of the City Street Naming Committee. -921. Significant mature trees and existing landscaping shall be preserved where possible, subject to staff determination. Temporary protective fencing shall be erected at the drip line of all trees to be preserved and of all trees (.on .neighboring property) in proximity to construction activities. The fencing shall be erected prior to any grading /construction activity and subject to staff inspection prior to grading permit issuance.. 2822 =. Existing trees to be removed - (north side of St. James Way) shall be offered to the City for relocation. 9923. Lot pad elevations. shall not be any higher than 12 inches above the adjacent pad elevations in the Washington Manor Subdivision. x324. All existing overhead utility lines traversing or fronting on the subject property shall be converted to underground facilities as required under the Municipal Code and all new utilities shall be underground, subject to staff review and approval. 23 Per the adopted Growth Management System, the project shall be phased so that no more than 15 lots receive Final Map approval in a given year. IV. CLYDE HOWE, 1017 PALMETTO, AP NO. 005= 152 -29. 1. Consideration of appeal of home occupation zoning permit revocation for the operation of tool, sharpening business. The hearing was opened. SPEAKERS Clyde Howe Applicant Explains reasons that his business should be allowed, to continue at, his parents home; ceasing sharpening business will be a financial hardship; was allowed to finish business already in- house; passed, out db levels chart; work is 3 -4 days per week, 6 hours per day. Michael Schell - 1016 Palmetto -- neighbor across street; noise is very unpleasant; wants business moved to his own house (more space between homes there); taken four months to get to Planning Commission has tried to find -industrial locations for Mr. Howe's business; sharpening occurs during weekends. E i i 1 i i Sue Ellen Thompson - 1013 Palmetto - presented, petition in favor of allowing business to continue; not very much noise generated. Commission Discussion Commissioner Doyle - wants to hear opinion of operation by a professional (unbiased) regarding noise generation with and without garage door closed. Commi's'sioner Tarr - Should allow operation for 3 months - noon to 4PM weekdays, no holidays. Commissioner Read - This is a clear violation of Home Occupation Ordinance. The hearing was closed. A motilon was made by Commissioner Tarr and seconded by Commissioner Libarld to uphold the appeal subject to Alternative 3 (as amended) listed below-! COMMISSIONER BALSHAW - Yes COMMISSIONER BENNETT - Absent COMMISSIONER DOYLE - Yes COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER TARR - Yes Alternative 3 3. Uphold the appeal, finding that the intent of the requirement of residency is met by the appealant by his extended presence in the home (owned and inhabited by his parents) as long as that ownership and occupancy remains and requiring that improvements be made to the garage to reduce the noise to a point where it is not discernible at the property line, subject to staff review and approval. Limited to Monday through Friday, Noon to 5:00 PM;, no holidays, with the garage door to remain closed V. PLAZA MOBIL, 101 N. MCDOWELL BLVD., AP NO. 007 - 340 -06 (File NO. 1.601A) . 1. Consideration of EIQ. 2. Consideration of request to amend conditions of conditional use permit to allow the addition of a car wash to an existing service station. Because of a request for continuance by the applicant, the public hearing for this item was opened and continued to the Planning Commission meeting of Aug' 22. VI. KAYO OIL COMPANY, JET 065- 040 -06 (File No. 1.508A) I GAS, 2601 LAKEVILLE HIGHWAY, AP No. 10 s 1. Consideration of request to amend• conditions of conditional use permit to allow the sale of beer and, wine at Jet Gas. The public hearing was opened. SPEAKERS: Wesley Werner - .Applicant - answered questions - discussed ethic and moral standards of company. The public hearing was closed. A motion was made by Commissioner Doyle and seconded by Commissioner Libarle to grant the amendment to the use permit based on the findings and subject to the conditions listed below: COMMISSIONER BALSHAW - Yes COMMISSIONER BEN,NETT - Absent COMMI'S'SIONER DOYLE - Yes COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - No - Should be no beer and wine sales with gasoline COMMISSIONER READ - Yes COMMISSIONER TARR - No Findings 1. The proposed use permit amendment, subject to the conditions set forth and adopted herein, will conform to the intent of the Zoning Ordinance and policies of the General Plan. 2. The proposed use permit amendment,. subject to the following conditions, will not constitute a nuisance or be detrimental to the public welfare of the community. .(inn r'i i +i nn c 1. The establishment shall abide by the following state - mandated conditions: a. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. b. No advertisement of alcoholic beverages shall bek displayed at motor fuel islands. C. No sale of alcoholic beverages shall be. made from a drive -in window. d. No display or sale of beer or wine shall be made from an ice tub. 11 e . No beer or wine advertising shall be located on motor fuel islands and no self - illuminated advertising for beer or wine shall be located on buildings or windows. f. Employees on duty between the hours of 10 :00 PM and 2 :00 AM shall be at least 21 years of age to sell beer and wine. 2. All other conditions of the use permit shall remain in full effect. 3. The following signs shall be removed prior to commencement of off -sale beer and wine retailing: a. Banner affixed to the front of the building. b. Portable sign located in the landscaping along Lakeville. i PLANNING MATTERS VII. ELECTION For Chairman: COMMISSIONER i COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMiSSIONER COMMISSIONER OF OFFICERS BENNETT nominated by COMMISSIONER DOYLE. BALSHAW - Yes BENNETT - Absent DOYLE - Yes LIBARLE - Yes PARKERSON - Yes READ - Yes TARR - Yes For Vice - Chairman: COMMISSIONER DOYLE nominated by COMMISSIONER READ. COMMISSIONER BALSHAW - Yes COMMISSIONER BENNETT - Absent COMMISSIONER DOYLE - Yes COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ Yes COMMISSIONER TARR - Yes For Site Plan and Architectural Review Representative: COMMISSIONER PARKERSON nominated by COMMISSIONER READ and seconded by COMMISSIONER TARR. VOTE:' COMMISSIONER BALSHAW - Yes COMMISSIONER BENNETT - Absent COMMISSIONER DOYLE - Yes 12 COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER LIBARLE - Yes PARKERSON - Yes READ - Yes TARR - Yes VIII. CCAPA Conference Schedule announced. ADJOURNMENT: 11 :00 PM. 13