HomeMy WebLinkAboutMinutes 03/27/1984PRESENT`: Commissioner a 1l ; a' w., Head'',. 'Popp `Read' and Tencer
ABSENT: Commissioner Hilligoss
00 VACANT: One
U STAFF: Gregory Freitas,, Community Development. and Planning Director
ca Warren Salmons, Principal Planner
Kurt Yeiter, Associate. Planner
Michael Moore, Associate Planner
Les Ruh, Assistant City Engineer
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APPROVAL OF MINUTES The minutes of March 13, 1984 will be reviewed at
the next regular meeting.
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CORRESPONDENCE None
DIRECTOR'S REPORT Persons interested. in =being; considered for the
vacant Commissioners position should express their
interest by the- end of the .Month. City Council will
be addressing this appointment at their first
regular meeting in April'.'
There has been a suit filed regarding the Sonoma
Highlands Environmental Impact Report.
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COA.IP.IISSIONERS' REPORT None
PUBLIC (HEARINGS
GENERAL PLAN
I. KENTUCKY FRIED CHICKEN, HARMAN MANAGEMENT, CORP., 701 EAST
WASHINGTON ST.: EIQ AND GE14ERAL PLATT AMENDMENT, A.P. No.
007 - '054 -21, 29, 21, (Files 8.87, 11.777)
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1. i Evaluation of EIQ for the following
2. Consideration of the General Plan Amendment.
Thel public hearing was opened.
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Speakers . Jerry Tierney,,. representing;, Kentucky Fried, - Chicken-
103'0' Second:,: Street„ •:Santat Rosa
The public h earing was cl'osed..
[Motion -introduced„ by Commissioner Bal�shaw,. second "ed. by. Commis ones
H ead "tor ;continue this. matter for .the next . re" ular meefin
19:84; so- that_ Commission'- may .consider :info'rmati`on regardiaggtzs April: 10:,.
e :permit
AYES'. 5
NOE'S'. 0 ABSEN °'P'i. 1 (.Hillgoss,) VACANT; 1.
IL. NEW DAWN' SUBDIVISION; IUYKENDALL & CHATHAM,, 120 UNIT
SINGLE- FAMILY S:UBDIVISION,. 215 NORTH MCDOWELL. BLVD,.. ,AT
N,.W.R'. RAILROAD CROSSING,, ' ENVIRONM-ENTAL REVIEW, PU;D
REZONING AND'. TENTATIVE MAP, A.?'.: #137 - 060 -15, (Files 3 311,
6.579,, 11.'791) CONTINUATION PUBLIC HEARING.
I. Evaluation of EIQ for the following.:
2. Consideration of PUD Rezoning /Development Plan.
3-. - Consideration of Tentative Map..
Continuation- of. Public Hearin&:
Letter. dated March 2.7, 198°4 from Lucy Webb Real Estate,. 620 East
Washin`g-ton Street was. read into the record.:
Speakers:-
Edward' Kuykendall, developer of New Dawn
Robert. Hammel,, 421 Upham Street
Motion introduced by Commissioner Popp, seconded by Commissioner
Read that the Commission approve a Negative Declaration based on the
recommended findings.
AYES: 5 HOE'S': 0 ABSENT: 1 (Hilligoss) VACANT: 1
Motion introduced by Commissioner Popp, seconded by Commissioner
Head that the Commission recommend. to the City Council that it approve
the request to rezone the subject property (A . P . No. from
R1 -6500 (single- family residential) , a portion also having a Floodplain
Combining District. (FP -C) overlay, to PUD with the same portion of the
property retaining the FP -C designation, based on the standard
findings and conditions amended as follows:
1. Thee plan clearly results in a more desirable use of land and a
better physical environment than would be possible under any
single zoning district or combination of zoning districts.
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Thex P::U D a District :is proposed? on- ,property,' which- has; a,., suitable
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r,,elationship�:. one . (1) or more . thoroughfares,; ands that said
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thoroughfare are adequate to "carry- any ad'dit'ional traffic
generated by the development.
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The plan' for , he° proposed, . d'evelopment: presents . a. unified and..
or.ganiz'ed arrangement of b,uildn�gs� 'and service facilities which are
appropriate in relation to adjacent l. or nearby properties and that
adequate landscaping andlor screening- is included. if necessary to
insure- compatibility..
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The natural and .scenic qualities .of' the site are protected, with
adequate available public and private spaces designated on the
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Unit Development Plan.
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The development of the subject. property, in the manner proposed
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by the applicant,. will not. be. detrimental to the public wel- fare, will
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be in the best interests of. the- City will be in keeping with
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the general intent and spirit of the zoning regulation of the City
Of Petaluma,,- with the Petaluma- ' General Plan, and with the
Environmental Design Plan adopted by they City.
6..I Is is hereby -found that the development contains' extremely small
private yard areas• and the structures on the lot's are very close to
one another. It is found that no further building expansions or
accessory structures shall. be permitted.
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Conditions
1. The project CC &R!s ( conditionns, covenants- and restrictions) shall
be- amended to add references regarding development standards
which, shall become conditions of zoning approval, including
�l a. Maximum lot coverage -for principal buildings shall be. limited
to the area shown on theL approved unit development plan.
b. Building, , setbacks shall be, equivalent to those shown on the
approved unit development plan.
C. Rebuilding: and /or replacement. of structures, including
fencing., shall conform to approved unit development plan. It
is the intent of. this zone that no accessory structures will be
allowed and that building expansions be prohibited.
d. Garage conversions are prohibited..
e. Recreational vehicles, boat trailers or disabled vehicles are
permitted in private, open parking areas for a time period not
to exceed 48 hours:
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f. Horne occupations permitted subject to the regulations of the
I Petaluma City Zoning Ordinance and provisions of the
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CC &R's.
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All` landscaVer,railroa&,, -side, ng and - irrigation systems r°, the: R. -V. ,.storage:.
area, 'on 't of the sound., +attenuation° wall; and
along Maria Drive "' be maintained,. by_ a homeowners
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sociation, and ' follows All planting shall be. maintained in
` good growin_ g con di mi
tion y � Such: ,antenance: shall, include;,,
where appropriate, prunin-g,, :mowing,, weedang;, eleariing, _of:
<: .., debris •and trash ;, fertili zing; an regular watering 4Vheriever.
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necessary planting; shall: be replaced' with, • other, plant
materials= to= insure. continued' cornpharice with.. applicable
landscaping; requirements. Required° irrigation systems shall'
be- ,fully maintairi.ed: 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 and` shall bet designed to
standards acceptable to the City of. Petaluma..
2.,.. The C'C' &RIZ, and the Joint; Driveway 'Maintenance Agreements shall
be .subject: to the approval of the City Attorney and, the- Community
Development and Planning Department prior to approval, of the. .final.
map. Project C.C. &R's and' the joint Driveway Maintenance
Agreements. shall be signed, and recorded with the Final- Map.,
3. The project sponsor (;owner) shall provide four (,4) units (3$ of
total) for purchase by low income households and twelve ('12.) units
(100 of total) for purchaset by moderate- 'income households..
One -half of these units 'shall be provided in Phase I of the
development in locations approved by the Community Development
arid. Planning Department. The definition of low: and moderate .
income, households shall. be 80% - and 120°x.,, respectively, of the
County- median income established' by the U ®S Department' of
Housing; and Urban Development (:'HUD) annual. median income
estimates, for .,Sonoma 'County. ' Llaximum purchase price for low and.
moderate. income units . shall be. set. according to said income levels
and account: for family size an .allocation of no- more than 25 to .30
percent of household come (250 low„ 30$. moderate) for shelter
(based on a. monthly payment that includes homeowners fees, taxes
and insurance) and a- down payment not exceeding 5 percent of the
purchase- price. Income. figures may' be- adjusted annually as the
median income figures of HUD are updated.. (`See ;Exhibit "A” for
examples of how: purchase cpnce may be established using, the
factors listed above,).
4. The project sponsor (owner) shall execute a binding agreement
with the City of Petaluma prior to 'approval of a final. map which
commits the sponsor and all subsequent owner/ developers to
providing; housing for low and moderate income families per
Condition 3 in the New Dawn subdivision. The provisions of this
agreement shall include, but not be limited to the following
requirements: establishment of purchase price and terms; number
and location of units to be set aside for low and moderate income
households; conditions by which families may qualify to purchase
said units; owner occupancy; continuing availability of units for
low and moderate income families even upon resale; and, dispersal
of units. throughout the entire subdivision.
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auu cri:,ciur,t c� �u :dr n'eview kJommliiee'
D'evelopment:. - of the, park ; area;: including.. lands'eaping and
irrigation,. =shall be req.uired,, and its,. design shall be subject to; the.
approval ..of" appropriate ..,: A. legally' binding • maintenance
contract: shall° be% executed by. I the. owners /developers> of the project
with the City .to insure ;maintenance° of.: landscaping and irrigation
improvements in:. the ,park- area-. f6r a, break -in period of three years,
or until the. project is, completely. developed:, whichever is longer.
The- proposed park land shall - not. be counted- as land for storm
drainage areas; i.,e >. ,, that. the devel - oper either provide additional
land for storm water holding ponds,, (beyond, the park land
required') - or pay•• the City an equivalent per. acre fee for the
amount of land which otherwise would be needed for such. ponds
(as per Resolution. No. 9764 N. C..S. relating to, fair market value
of land) .
A. portion of the park area shall be developed as a children's
playground.. Design, materials' and equipment shall, be subject to
the approval of staff,; and the site shall be, sufficiently elevated so .
as to remain above the water being held when the park area is
serving as a storm water detention pond:.
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The side . and rear yards of all units . shall be enclosed by a solid,
view obscuring= six foot wooden fence subject to the fence
requirements of the zoning ordinance.
10 of
A solid masonry- sound attenuation wall. shall be constructed
adjacent to the railroad right -of -way, to a height of eight feet
above the track height and 'subject to the approval of staff. Said
wall shall be designed to go up each side of the- subdivision a
distance: equal to where the 65 .dBa noise contour. line•,. as shown in
the project noise study, reaches the north and' south property
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lines ( see attached, noise contour map) .
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As a means of encouraging energy conservation, 4JdVf / A /dVVd
i *kWd V &Wa/t Item 9 of Article. VIII of the C_C &R's,, which. ,prohibits
clothes lines, shall be removed from the CC &R's.
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The PUD. Unit Development Plan shall be revised to show the New
Dawn Drive access to North McDowell as a temporary access to be
abandoned, at such time as the alternative. access (frontage. road)
through the neighboring Mulerath property is completed, per
Condition 9 of Tentative Map. Said plan shall include closing of
roadway, readjustment of lots which abut the roadway in this area
and access to them, continuation of the sound wall as required and
a related financing mechanism to accomplish same, subject to
approval of appropriate departmental staff.
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AYES: 5 NOES: 0 ABSENT: 1 (Hilligoss) ABSENT: 1
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Head that tfi'e: Commission, recommend. to the . Cityy Council.fthat: it approve
the: Tentative Map: for ,: the:. ;120; . unit,` d'evelopinent based', :ow. the standard
fin ina.s and _subject,. -to the ;foliow"ing: conditions ;:
„ Tentative map Fin - dings
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;.
The is physically suitable . for - the type of ;development
proposed,_
4. The site" pis physically suitable for thee proposed density of
development. '
5.. The design of the:- subdivision and: the proposed improvements
therefor will' not cause . substantial environmental damage, and no
substantial or avoidable injury will occur to fish or wildlife or
their habitat..
6. The- design of the Subdivision and' the type of improvements will
not cause serious ,_public health problems.
Tentative Map Conditions
The. .project. - shall. comply with the comments. and . conditions, set
forth; by the City . Engineer in the- attached. correspondence..
(Exhibit "B`" )
2.. The tentative "map shall be revised' to reflect modifications required
by Condition 10 of the PUD Development Plan.
3. Storm drainage improvements and flood control measures shall be
subject to the approval of the Sonoma County Water Agency.
4. All street names shall be subject to the approval of the City Street
Naming Committee.
5. The 113 1.0 acre park. area. shall be offered for dedication to the
.City of Petaluma prior to approval of the final map.
6. The tentative map shall be revised to show the extension of
Twilight. Drive south 'of New Dawn Drive and stubbing out at the
southern property line.. This shall require the realignment or
removal of lot 33 as. presently shown on the tentative map and the
possible redesign of. the housing unit on lot 32. to prevent the
driveway from encroaching too close to the future corner and shall
be subject to the approval of staff.
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7 .. The tentative• map and!: unit: 'development plarn shall b:e revised so. as:,
to;, coincide; on all' dimensions- and:. features o , the• proposed
subdivision Tk ey, , shalE. .also reflect '"the : changes :, which have
t ' resulted, from the:- conditions of'. approval A fully ; . r evised' tentative
map and. unit dev elopment . plan,. . be. submitted to. the
Community ,Development and: Plan inga,'Department :within: '?30 days >' of:
City Council- approval'- of the tentative map -and PU:D Development
Plan..
8. A fire hydrant at. New Dawn Drive; and Misty Way. shall„ be. added
to the proposed fire suppression. system,,.: Placement, and design of
the. hydrant, shall be: subject to the . approval of the. City Fire
Marshal.
9 The project sponsor (owners) shall'. be responsible for one -half the
cost of the proposed• frontage road across the' of Muelrath.
The owners.' shall either construct, their portion of the road.
(approximately 105 feet to appropriate City standards) with the
development. of the. first phase of the. ;subdivision., or shall agree to
deposit an amount of money to be determined by the' City
Engineers prior to approval of the final maps that will be used to
construct the road at the time the Friedman property develops.
10. Prior to approval of the final map, the. developer shall contribute
to improvement of the Northwestern Pacific Railroad' Crossing hi an
amount of money based on the project's prorated share of the
traffic using said crossing as identified in the project traffic.
report.
ll. ' A left and right turn lane shall be created' and striped on the New
' Dawn Drive approach to North McDowell Boulevard.
AYES: 5 NOES: 0 ABSENT:- 1 (Hilligoss) VACANT: 1
III.. REDWOOD BUSINESS PARK, .G & W /MCD.OWELL ASSOCIATES,. 26 ACRE
COMMERCIAL/ INDUSTR3AL SUBDIVISION, OLD REDWOOD HIGHWAY
AND NORTH MCDOWELL BLVD. BEHIND. COUNTRY WEST SHOPPING
CENTER, ENVIRONMENTAL REVIEW AND TENTATIVE MAP,
AP #47- 213 -15 AND 137- 010 -41 AND 65, (Files 6.578 and 11.789)
1. Evaluation of EIQ for the following
2. Consideration of Tentative Map
The public hearing was opened.
Speakers:
Will iam White, developer of Redwood Business Park
The public hearing was closed.
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Motion, AhLtrodu Ic e& by. Commissionerd Reads -secondedi by. • 0 mmissioner
Pbppr . that - Commission= - direct & - Co mmunity D - 1
th Dev e l opment Director to
p repare = r ., ano po st , a. Negative_� Re6la:�..ation_ basedrr ., �,
-ffifdin�g'- on 'recommended
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N`OES -0 T.
VACANT`:.. 1.
Mot ion ti introduced by Commissioner- Read, seconded. by. Commissioner
Head, that, 'Commission refer the'
to City Council - the applicant,! s�
recommendation regarding, possible accessment district and recommend, to
the� C ity Council approval. of. the proposed eighty lot 'industrial p . ark
based on recommended ,findings and conditions as follows:'
Conditions,:
1., X program: of, visually screening and locating electrical transformer
boxes. to ."avoid their placement, " front yard areas. shall be
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completed,, ,subject to -approval' by the Community Development
Department- and .SPARC, prior to Final Map Approval. Adequate
all-weatherl 'access: shall be required' and installed to each
transformer location and shown on the final map.. to the approval
of
City sta P..G.,,&E... Such access shall be installed at the time
public improvements are installed.
2. Drainage design plan& shall be approved by the City Engineer and
shall, conform the Sonoma County Water'' Agency Design
Criteria to prevent increased flooding of adjacent properties.
Grading plans for each phase of construction shall be- submitted. to
and. approved- by appropriate- City staff prior to issuance of
building permits for" such "construction.
3. Public: utility access and easement. locations and widths shall be-
subject . approval by P.G.&E., Pacific Telephone I and the City
Engineer and shall be shown on the Final Map...
4. During,, the -course of development,.. if archaeological materials are
found,, all work in, the, vicinity of the find.(s) shall be stopped and
a qualified archaeologist contacted to evaluate the materials and
make recommendation for mitigation as deemed, necessary.
5. The applicant. shall comply with all requirements of the City
Engineer outlined in the attached correspondence.
ence.
6. A master landscape: plan shall be submitted to S.P.A R. C.
Committee for review and approval prior to Final Map appro'val.
Said plan shall contain provisions for visual screening treatment,
including an dbilhWMa evergreen tree grove between this
industrial park and all neighboring lands to the east and
northeast, uniform landscape treatment along Redwood flay and Old
Redwood Highway, landscape screening of the fenced outdoor
storage of materials in the Country West shopping center, and
completion of landscaped areas along existing developed properties,
such as Assessor's Parcel 11o. 137-010-66 (Redwood Technology
Center) . The dbUylhF #Aa evergreen tree grove bordering this
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9.
All proposed right -of -way improvements along, existing public
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streets, or in right -of.- ways to be dedicated to the City shall be
installed to City Engineer specifications) and dedicated to the City
of Petaluma, prior to- occupancy of the first building: constructed in
this subdivision.
10.; The following conditions of the Fire: Marshal shall be- :complied with:
a. Provide one additional fire hydrant located on Redwood Way,
234 feet north of McDowell Boulevard North. A total of six
hydrants, shall be provided for project.
b. Fire hydrants shall be approved type with double 27" and
single 41" outlets.
c. Development of individual parcels will dictate type and scope
of on- site. fire. _protection and shall be subject to subsequent
review and approval by the Fire Marshal.
ll. The project shall be subject to the payment of storm drainage
impact fees as provided in Resolution No 9565 N. C. S`. , and as
calculated in Chapter 17.30 of the Petaluma t /Iunicipal Code.
12. All building pad elevations shall meet City Floodway and Floodplain
Combining District regulations which requires finished floor levels
to be at least 12 inches above the base' flood elevations (14.4 to
14.9 feet .above sea level as determined by the National Geodetic
Vertical Datum of 1929 (NGVD) or flood proofed if constructed
before that date:.
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project. °.sit e. along' the northern, and` northeast borders shall' be:
installed. concurrently- with other ,public improvements.. Said
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border~ :`treatmen -t. shall not f "ulfih" other Gty landscape tree:
requirements
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The: conditions,, v
coenants.•and ;restrictions. ' drafted- for - the'. park:
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shall be subject 'to,, approval by,- the -Co'mmun ty Development and
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Planning, Department and, the City: Attorney _prior to Final Map-
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approval.. Such.' approved- - and' I recordable: CC &R''s shall' -
forwarded' by the Director of Planning. to the City Engineer for
recordation'. at the same-. time and., manner- as- the final map'.
Changes to the proposed CC' &.R' s . which shall be incorporated
therein prior to staff approval . shall include• provisions for City
approvaal of development standards and. any future changes.
thereto.,, allowable uses,. , restrictions and other regulations, of
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concern to the City.
8.,
The applicant shall' provide a, perpetual. maintenance agreement for
the private maintenance of all landscaping and irrigation installed
within the public, right -of -way subject to approval of appropriate
City staff prior to Final Map approval.
9.
All proposed right -of -way improvements along, existing public
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streets, or in right -of.- ways to be dedicated to the City shall be
installed to City Engineer specifications) and dedicated to the City
of Petaluma, prior to- occupancy of the first building: constructed in
this subdivision.
10.; The following conditions of the Fire: Marshal shall be- :complied with:
a. Provide one additional fire hydrant located on Redwood Way,
234 feet north of McDowell Boulevard North. A total of six
hydrants, shall be provided for project.
b. Fire hydrants shall be approved type with double 27" and
single 41" outlets.
c. Development of individual parcels will dictate type and scope
of on- site. fire. _protection and shall be subject to subsequent
review and approval by the Fire Marshal.
ll. The project shall be subject to the payment of storm drainage
impact fees as provided in Resolution No 9565 N. C. S`. , and as
calculated in Chapter 17.30 of the Petaluma t /Iunicipal Code.
12. All building pad elevations shall meet City Floodway and Floodplain
Combining District regulations which requires finished floor levels
to be at least 12 inches above the base' flood elevations (14.4 to
14.9 feet .above sea level as determined by the National Geodetic
Vertical Datum of 1929 (NGVD) or flood proofed if constructed
before that date:.
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131:. A; pedestrian walkway„ for.• public'. use .'shall -b ,installed; on, at least Y.
one side o "f :Redwood 4Yay connecting _McD'owell :Bou'te ran
Old Redwood.. Higghwa d .North and'
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/ 4i,d/ fv;l hl�d / �ri�vE# /• �flk;C3vdtke /ah t/d lewd.
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14.. X$:.: The tentative :map shall`_ be revised, so as "to coincide on all
dimensions and' features' of the proposed subdivision.. They, shall-.
also reflect 'the ".chang;es which. have resulted from the c®nditons of
approval A_ fully revised, tentative = map•.and unit development! plan.
shall b'er submitted.- to the Community Developmeint� and Planning,
D,epartnient•' within 30 days of Ci Council approval of the
tentati've� map...
IV. WEBB , •SIX UNIT CONDOMINIUM,. 418' UPHAM STREET,
ENVIRONMENTAL REVIEW,, PUD. REZONE AN -D DEVELOPMENT PLAN
AND TENTATIVE MAP, AP #6- 3.13 -11, ('Files 17.794, 6.586, 1.316)
1. Evaluation of EIQ for following:
2. Consideration of PU'D Rezone /'Development. Plan
3,. Consideration of Tentative Map
The public :hearing, was opened;
Speakers:,,
Matt Hudson, Attorney representing applicants..
Dr.. Dennis Hudson,, 419 Upham
Jill Casad,, 419 Upham
Robert Hammel, 421 Upham
Sharon Brown, 116 Stanley,, reading letter with multiple signatures.
David. Brown, 116 Stanley
Emil 'Mogel, 'Engineer representing applicants.
The .public hearing was closed..
Motion introduced , by Commissioner Head, seconded by Commissioner
Popp that the- Commission- deny the application to rezone the subject
property.
AYES: 3 (Head:, Popp,, Read) 140ES: 2 (Balshaw, Tencer)
ABSENT: 1 (Hilligoss) VACANT: 1
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V YOUNG,, ROYAL. OAKS H0.1y1E, PARK,,. , REVISIONS;.. T.O> PUD
DBVELOPMENT AN 45,0. NOR , 'M`CDO:'1,ELL: BLVD,._,, AP #1370-60 -38,
(File 3'.266A1'
` Consideration, of` P,UD: revision
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uces, by °C
Motion. introd omm'ssioner ,Balslaw, °'.seconded b.y Commi'ssioner
Read that the: matter Ve . continued, to: the next regular meeting
(April 10, 198 at' which time origin al approved develop ment..plan would:
be made avaiiabib, to Commission:' '
AYES:. 5 NOES:: 0 ABSENT:. 1. (Hilli'goss) VACANT:- I
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VII'o CITY OF PETALUMA, ZONING ORDINANCE. TEXT AMENDMENTS, (File
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7.107, 11.792)
1. , Evaluation of EIQ for the 'following:
2., Consideration of Zoning, Ordinance. Text Amendments.
* Article 8, Section 303 - Permitted Uses in RMG and RMH
Districts
*
Article 21, Section 402.,6 Dwelling Groups and Article 26, .
Section 500 - Conditional Use Permits
*' Article 13„ Section 207, 416. and 417 - Permitted Uses in C -H
District
* Article 19A, Section 400 °- (PUD ), Residential Units Subject to
the Residential Development Control. System
*
Article 26, Section 408C Time Limit for Appeal of SPARC
Decision
* Article.
23,
Section 301
- Landscape Maintenance
* Article
6.,
Section 301,
Article 7, Section 301,, and, Article 8,
Section.
30,0
- Permitted
Accessory Uses.
The public hearing for Article 13, Section 207, 416 and 417 was opened.
Speakers:
Ralph Sartori., 901 Palmetto Way
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Motion introduced by Commissioner Head, seconded by Commissioner
Read to continue the matter to the next regular meeting.
AYES: 5 NOES: 0 ABSENT: 1 (Hilligoss) VACANT: 1
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ADJOURNMENT:.- The meeting, was, adjourned at 11: p.. m.
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