HomeMy WebLinkAboutMinutes 01/28/1986412
Not Official Until Approved
By The Planning Commission
MINUTES
(Minutes are "Action Minutes" and represent a summary
of full taped records of Planning Commission hearings.)
Petaluma Planning Commission January 28, 1986
Regular Meeting 7:30 p.m.
City Council Chambers Petaluma, California
PRESENT: Commissioners Head, Hilligoss, Read, Sobel
ABSENT: Commissioners Libarle, Serpilio, Woolsey
STAFF: Warren Salmons, Planning Director
John Morgan, Assistant Planner
APPROVAL OF MINUTES Minutes of the January 14, 1986 meeting were
approved as written.
CORRESPONDENCE None.
DIRECTOR'S REPORT A technical appendix on traffic for the Sonoma
Highlands EIR was distributed. Past officer awards were presented to
Commissioners Hilligoss and Head. A brief update on the GPCC meeting
and the Corona /Ely Specific Plan meeting was given.
COMMISSIONERS' REPORT None.
NOTE: Strike -Out Type ( - - - -) = Deletion
Underline Type ( ) = Addition
PUBLIC HEARING
I. NOCKLEBY, 758 BANTAM WAY, AP NO. 06- 441 -40, (1.490) .
1. Consideration of accessory dwelling use permit.
The public hearing was opened.
SPEAKERS: Darryl Nockleby, 758 Bantam Way - applicant, answered
general questions.
There were no neighborhood objections.
The public hearing was closed.
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A motion was made by Commissioner Head and seconded by Commissioner
Hilligoss to grant a use permit to allow a 640 sq. ft. accessory dwelling
subject to the findings and conditions listed in the staff report as amended.
AYES: 4 NOES: 0 ABSENT: 3
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/ EDP.
2. The proposed use, subject to the following conditions, will not
constitute a nuisance or be detrimental to the public welfare of the
community.
Conditions
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1. Six -foot high privacy fences shall be provided along the north
property line of the lot adjacent to the site of the proposed accessory
dwelling antl-- a4tnrg- - the- enrtirc- soath -- property- hn- e- -of-- the- sitie—, --design
sarject- tc- SPRfr�pproe�a4. , applicant shall .share the cost of a fence
along the entire south property line of the site at such time as an
accessory dwelling is constructed on adjacent prop design subject
to braxk. approval.
2. The width of the driveway to the accessory dwelling shall be reduced
to 10 feet to provide more landscaped area in the street front yard.
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3. Minimum three foot wide landscaped area shall be provided on either
side of the driveway to the accessory dwelling. Landscaping subject
to review by SPARC.
4. Two street trees shall be planted, one on either side of the entrance
to the driveway to the accessory dwelling. Species and placement
subject to approval by SPARC.
5. Drainage plan of the site shall be approved by the Chief Building
Inspector.
6. Utility lines shall be shown on the site plan. Utilities to the accessory
dwelling shall be on separate meters from the main dwelling.
7. The project shall be subject to review by SPARC before issuance of a
building permit for this accessory dwelling per Zoning Ordinance
Section 26 -401.
II. EAGLE MANUFACTURING, 1290 HOLM ROAD, AP No. 07- 592 -10
(1..493).
1. Consideration of EIQ.
2. Consideration of use permit to allow operation of a precision machine
shop.
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The public hearing was opened.
SPEAKERS: Randal Smith - 1317 Ross - Owner of Mesa Engineering;
Eagle Manufacturing customer, spoke in favor of granting
use permit.
Kevin McPhillips - Eagle Manufacturing President - answered
questions, presented letter sent to Mike Zanoli of
Envirotech.
The public hearing was closed.
A motion was made by Commissioner Head and seconded by Commissioner
Sobel to direct staff to prepare a mitigated negative declaration based on
the findings in the staff report.
AYES: 4 NOES: 0 ABSENT: 3
Findings:
a. Due to the developed nature of the existing site, the project 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.
b. The project, as conditionally approved, does not have the potential to
achieve short -term, to the disadvantage of long -term, environmental
goals.
C. Because the proposal does not include additional phased development,
the project as conditionally approved does not have impacts which are
individually limited, but cumulatively considerable.
d. The project, as conditionally approved, does not have environmental
effects which will cause substantial adverse effects on human beings
either directly or indirectly.
e. The project site mitigates possible adverse noise effects by its great
distance from any noise sensitive receptors such as housing.
f. The project as conditionally approved will not cause any toxic
discharges because all industrial processes will be subject to review by
the City Engineer and will not be approved until any discharges to air
or water meet established standards.
A motion was made by Commissioner Sobel and seconded by Commissioner
Hilligoss to approve the use permit for a precision machine ship at 1290
Holm Road based on the findings and subject to the conditions listed in the
staff report as amended.
AYES: 4 NOES: 0 ABSENT: 3
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Findings
1. The proposed use, subject to the conditions of approval, conforms to
the intent or requirements of the Zoning Ordinance, the General Plan
and the EDP.
4. There shall be no open storage of equipment, materials, trash, litter
or packaging.
5. All; trash bins and /or garbage cans shall be fully contained and
scre_ ened.
6. The structure must meet Uniform Building Code and Fire Code
requirements for the occupancy category, to Building Inspector's
approval.
7. 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.
8. All existing and future outdoor mechanical equipment shall be fully
visually screened subject to the approval of the Community
Development Department.
CONTINUED PUBLIC HEARINGS:
III. ZONING ORDINANCE TEXT AMENDMENTS:
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2.
This project will not constitute a nuisance or be detrimental to the
public welfare of the community due to the mitigation measures
in'Icorporated in the conditions of approval.
Conditions
1.
No industrial processes involving storage or use of
hazardous g potentially
or toxic materials including plating and painting operations
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will occur until facilities have been inspected and approved by City
staff.
2,
No 'signs may be erected on the site without issuance of a sign permit.
.3.
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 potentially obrroxiotrs negative operating
characteristics. At
such time the Commission may repeal the Use
Permit or add /modify conditions of approval.
4. There shall be no open storage of equipment, materials, trash, litter
or packaging.
5. All; trash bins and /or garbage cans shall be fully contained and
scre_ ened.
6. The structure must meet Uniform Building Code and Fire Code
requirements for the occupancy category, to Building Inspector's
approval.
7. 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.
8. All existing and future outdoor mechanical equipment shall be fully
visually screened subject to the approval of the Community
Development Department.
CONTINUED PUBLIC HEARINGS:
III. ZONING ORDINANCE TEXT AMENDMENTS:
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1. Continued consideration of revisions to Zoning Ordinance regarding
fence regulations - heights and setbacks.
2. Continued consideration of revisions to Zoning Ordinance Section
21 -101 - Home Occupation.
Fence Regulations
(This item was continued from the January 14, 1986 meeting) .
The public hearing was opened:
SPEAKERS: None.
The public hearing was closed.
A motion was made by Commissioner Head and seconded by Commissioner
Hilligoss to recommend to the City Council adoption of a negative declaration
and Zoning Ordinance Amendment allowing eight foot high fences if the top
two feet is openwork or shrubbery, eight foot high solid fences where a
residence abuts a nonresidential or incompatible land use, and reduced
street - facing side yard setbacks for corner Pots and a definition of fence in
the Zoning. Ordinance based on the findings in the staff report.
AYES: 4 NOES: 0 ABSENT: 3
AN ORDINANCE MODIFYING FENCE REGULATIONS BY AMENDING ZONING
ORDINANCE NO. 1072 N.C.S. BY ADDING TO ARTICLE 1, SECTION 1 -203
A DEFINITION OF FENCE; AMENDING ARTICLE 23, SECTION 23 -305;
AM- ENDING ARTICLE 24, SECTION 24 -500; AND ADDING ARTICLE 24,
SECTION 24 -500.2
BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS:
Section 1 . Article 1, Section 1 -203 of Zoning Ordinance No. 1072 N.C.S. is
hereby amended to add the following definition:
Fence The term "fence" shall mean a device or portion thereof
designed to separate or screen property areas and not carry
super- imposed load.
Section 2 . Article 23, Section 23 -305 of Zoning Ordinance No.. 1072 N.C.S.
is hereby amended to read as follows:
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Along a lot line in or adjacent to an A or R District, except as
specified in Section 23 -206, required screening shall not be higher
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than eight (8) feet and necessary trimming or pruning shall be
employed to maintain this height. If a rear lot line is adjacent to an
arl erial street or major highway (as established by the City Council) ,
screening along the rear lot line shall not be higher than eight (8)
fe and shall be subject to site design review. Site design review
0) shall be provided at no additional 'charge upon application for a fence
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co permit.
U Section] 3 . Article 24, Section 24 -500 of Zoning Ordinance No. 1072
N.C.S.i1 is hereby amended to read as follows:
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Solid fences, walls, and boundary hedges shall be no higher than six
(61)� feet except as specified in Sections 23 -305 and 24 -500.1 and may
occupy any required yard or other open space., provided that such
fence, wall or hedge not exceed a height of forty -two (42) inches
when located in a required front yard setback area, the required
setback area along the side street of a corner lot and along the rear
or side property line of a reversed corner lot where it abuts the front
ya jd of the adjoining key lot as shown on Table I, Residential Fence
Location. An additional two (2) feet of screening at least fifty (50)
percent open may be added on top of any six (6) foot tall fences,
walls or boundary screening. An additional two (2) feet of fence
height may be added to any permitted six foot high fence located on
the rear or side property line of a residential lot abutting a public,
quasi- public facility or potentially noxious use (e. g. school,
corporation yard, bicycle paths, pump house, etc.) determined by the
Zoning Administrator.
No 11 obstruction in excess of forty -two (42) inches in height shall be
located on a corner lot within a triangular area formed by the curb
line's and their projection and a line connecting them at points
thirity -five (35) feet from the intersection of the projected curb lines,
except that trees shall be permitted. The foregoing provisions shall
not I be construed as to limit the height of retaining walls, except that
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front yard retaining walls shall not be more than (18) inches higher
than the soil retained and shall not impair safe sight distance of street
traffic.
Fences in all except R -1 Districts shall be subject to architectural and
site plan approval as to location, height, and material.
Section 4 . Article 24, Section 24 - 500.2 is hereby added to Zoning
Ordinance No. 1072 N.C.S. to read as follows
Each entrance and exit to a parking lot or driveway shall be
constructed and maintained so that any vehicle entering or leaving
such parking lot shall be clearly visible a distance of not less than
fifteen (15) feet to a person approaching such entrance or exit on any
abutting pedestrian walk or foot path.
The standards set forth herein for location and height of fences, walls
and screening may be modified as directed by the Zoning Administrator
(Director of Development and Planning) whenever it appears that such
landscaping or screening would constitute a danger to traffic by
reason of impairment of vision at a street or driveway intersection.
Home Occupations
A motion was made by Commissioner Head and seconded by Commissioner
Hilligoss to recommend the ordinance as amended be adopted by the City
Council.
AYES: 4 NOES: 0 ABSENT: 3
21 -202. ZONING PERMIT FOR HOME OCCUPATION
21- 202.1 Definition:
A Home Occupation is a business or activity clearly incidental to the use of
the dwelling for residential purposes.
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21- 202.2 Purpose
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It is the intent of this section to preclude incompatible home occupations
from occ
.I' urring in residential neighborhoods and to permit only those uses
which conform to the standards in the following. Custom, tradition, and
precede f nce are excluded as criteria for approval. In general, a home
occupation shall be located and conducted such that the average neighbor,
under !normal circumstances, would be unaware of its presence. The
M standards applied are intended to insure compatibility with other permitted
0 . uses in residential areas and preserve the residential character of the
(� neighborhood.
21 -202.3 Permit Required
it
No activity subject to the provisions of this section shall be conducted
without {review by the Community Development and Planning Department and
the issuance of a home occupation zoning permit. Said permit shall be a
conditional permit, issued by the Community Development and Planning
Director or a designated representative, acting as the Zoning Administrator,
through the zoning permit application process (see Sections 26.100 and
26.200 of the zoning ordinance) . No more than one home occupation may be
operated from any one dwelling unit, and a limited period of approval may
be imposed by the Zoning Administrator. Periodic review of the zoning
permit shall occur independent of the expiration date.
21- 202.4 Revocation of Permit
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Upon receipt of a complaint regarding the operation of the home occupation
or upon) observation of a violation of City ordinances, the Community
Development and Planning Director or a designated representative shall
determine whether the subject home occupation is in compliance with the
provisions of this section. If the use is found not to be in full compliance
with the zoning ordinance or conditions of approval, the Community
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Development and Planning Director shall have cause to suspend or revoke
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the zoning permit or amend operational conditions. Once a zoning permit
for a home occupation has revoked, continued practice of the home
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occupation at that location is no longer
applications shall not be filed within one
revocation.
21.204.5 Appeal Process
permitted and subsequent
(1) year from the date of
A. The applicant or any interested party may appeal a home occupation
permit denial or permit condition or the Director's decision not to
renew the home occupation permit. Such appeal shall be made in
writing to the Director within 10 days of the date of the Director's
decision. The Director 'shall cause the matter to be placed on the next
available agenda of the Planning Commission.
B. The applicant or any interested party may appeal the decision of the
Planning Commission to the City COuncil. The appeal shall be
conducted in the same manner provided in Sections 26 -507.1 through
26.507.3 of the Zoning Ordinance for appeal of Planning Commission
decisions on Use Permit Applications.
C. The City Council may affirm, reverse or modify a decision of the
Planning Commission on a Home Occupation Permit. A Home Occupation
Permit which has been the subject of an appeal to the Council shall
become effective on the date specified by the City Council.
21.202.6 Conditions:
The home occupation shall be subject to the following requirements and
others as imposed by the Zoning Administrator to further the purposes of
section 21- 202.2.
A. The use shall be conducted primarily within the main dwelling
structure and shall not involve the use of any yard space or outside
area. Accessory structures such as garages may be used but not in
such a way-as to preclude required vehicular parking.
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B . The home occupation shall not be identifiable from the property line by
any means including, but not limited to, sight, noise, light, smoke,
odor, vibration, electrical interference, dust, glare, liquid or solid
waste.
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C. Commercial vehicles excepting pick -up trucks of three - fourths (3/4)
ton or less shall not be used in conjunction with the home occupation.
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CO D. No� internal or external alterations for the home occupation shall be
made to the dwelling unit that are not customarily found in or to serve
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E. There shall be no outside storage of equipment or supplies.
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F. Articles offered for sale shall be limited to those produced on the
premises, except where the person conducting the home occupation
serves as an agent or intermediary between off -site suppliers and
off{ site customers, in which case all articles, except samples, shall be
received, stored and sold to customers at off - premises locations.
G. The home occupation shall not create pedestrian, automobile, or truck
traffic or parking in residential neighborhoods in excess of that
normally associated with residential use.
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H. No advertising shall be used which informs the public of the address
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of ' the home occupation (business cards and stationery letterhead
excluded) .
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I. No I persons other than residents shall work at a home occupation
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location.
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J. A :non- illuminated identification sign of not more than 11 square feet in
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area may be placed flat against an outside wall of the house to
advertise the home occupation.
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21.202.7 Examples Of Uses Which Will Not Be Considered As Home
Occupations
The uses specified below shall not be permitted as Home Occupations
because by their nature they have one or more of the following
characteristics: equipment or machinery of a type or quantity not typically
found in the home; need for outside storage; parking needs greater than
what can be provided on -site; need for special permits (e.g. health, ABC,
Federal Firearm, etc.) need for extensive alteration to the residence or
lot.
The uses specified below shall not be permitted as home occupations:
A. Auto or vehicle repair, or tune up
B. Barber shop /beauty salon
C. Massage parlor /card - reading astrological services.
D-.-- - Giftss- ins# rurtzen-- Fdan�;-- eooleing,-- m�tsiz; -- stained - -g-IR
premises
D . Photo studio
E. On -site Painting services (auto, boat, appliances etc.)
Fr. Appliance- arrcl- �txriri#tn -e- rep -dir� rn refrr�iatxirrg,- �srti�xe-�a3e�
- -- �J7rizelstering
making; - W*04V?erkizrg
F. Care, treatment, or boarding of animals for a fee
G. Gun repair; sale of guns and ammunition
H. Activities involving substantial amounts of dangerous or hazardous
materials, including but not limited to pesticides, herbicides poisons,
and highly flammable materials
I. Any food handling, processing, or packing
ADJOURNMENT 9:20 PM.
ATTEST: 0l.. J
Warren Salmons., Planning Director
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