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HomeMy WebLinkAboutMinutes 09/09/198648 . 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 September 9, 198'6 Regular Meeting: Z • 30 p,. m. City Council' Chambers Petaluma, California PRESENT: Commissioners. Davis, Head, Hilligoss„ Parkerson,. Read, Tarr ABSENT: Commissioner Libarle STAFF: Warren. Salmons, Planning Director Pamela Tuft, Principal Planner Kurt Yeiter, Associate 'Planner Les Ruh, Assistant City Engineer APPROVAL OF MINUTES Minutes of August 26 were approved as submitted. Minutes of August 27 were- approved with correction to page 3, condition 6. CORRESPONDEVCE::None. DIRECTOR! S REPORT Director Salmons requested the . Commission to consider scheduling more General Plan discussion. Marina project. EIR discussed 10/14. San Francisco workshop in October and APA. conference in November - requested Commission to rsvp to staff. COMMISSIONERS' REPORT: Commissioner Hllgoss gave update on PEP Lindberg project dedication and open house. NOTE Strike -Out Type ( - - - -) = Deletion Underline Type ( ) Addition I. BEST STORE' AND DELI, JOHN MILLIKEN, 800 PETALUMA BLVD. NORTH, AP NO.'s 006 - ,051 -23 and 24 (File No. 1.484). 1. Clarification of conditions of use permit. In response to a request by the applicant, a motion was made by Commissioner Davis and seconded by Commissioner Tarr to delete original 1 A � M use permit condition No. 12 and add in its place a three part alternate condition as follows, in addition to the other original use permit conditions. AYES: 5 NOES: 1 (Head) ABSENT: 1 (Libarle) Alternate Condition la . The convenience market use permit shall expire six months after the Certificate of Occupancy is granted if the two parcels are not merged. Alternate Condition lb . A bond or cash deposit to insure parcel merger within six months of occupancy of the convenience market shall be deposited with the City prior to issuance of building permits. Said q q bond /deposit shall be for no less than $5,000.00. O ® Alternate Condition lc . All originally approved improvements on the c southerly property shall be installed prior to issuance of the Q ,Certificate of Occupancy. PUBLIC HEARINGS II. CADER LANE INDUSTRIAL PARK, EDNA CADER BUDDE, AP NO's 005- 040 -41 and 42 (File NO. 6.802) . 1. Consideration of EI.Q. 2. Gonsideration of tentative subdivision map for a 9 -lot industrial park. Continued from 7/8/86 meeting . The continued public hearing was reopened. SPEAKERS: David Cader Budde - Representing applicant, answered questions and indicated no problems with loss of one lot. The public hearing was closed. A motion was made by Commissioner Head and seconded by Commissioner Parkerson to adopt a mitigated negative declaration based on the findings in the staff report. AYES: 6 NOES: 0 ABSENT: 1 (Libarle) Findings A) Because the site has long been disturbed by cultivation, 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 species 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 periods of California history or prehistory. Fa 50 B) The project, as conditionally approved, does not have the potential to achieve short term to the disadvantage of long term environmental goals. C) The project does not have impacts which are individually limited but cumulatively considerable, through the incorporation of mitigation measures should future traffic volumes warrant initiation of improvements. D) The project as conditionally approved does not have environmental effects which will cause substantial adverse effects on human beings either directly or adversely. A motion was made by Commissioner Head and seconded by Commissioner Hilligoss to recommend to the City Council approval of the tentative map based on the findings and subject to the conditions listed in the staff report as amended. AYES: 6 NOES: 0 ABSENT: 1 (Libarle) Findings 1. The proposed tentative map, subject to the following conditions, will conform to the intent of the Zoning Ordinance and policies of the General Plan /EDP. 2. The proposed map, subject to the following conditions, will not constitute a nuisance or be detrimental to the public welfare of the community. 3. Approval of this map in no manner approves potential use within future buildings which may be constructed as a result of this map; rather each use must be conditionally approved or disapproved pursuant to the Zoning Ordinance, Municipal Code Chapter 20.16, and the Subdivision Map Act. Conditions: 1. Lots 5 through 9 shall be reconfigured to provide four lots rather than five, to provide additional building envelopes for four lots. 2. The applicant shall comply with all requirements of the City Engineer as follows: a. The developer shall comply with the amended Petaluma Municipal Code Sections 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. Applicant is advised that the development may will be subject to future charges for a Public Improvement Benefit District pursuant to Chapter 13.34 of the Petaluma Municipal Code, in order to provide needed future improvements to Lakeville Highway. 3 51 e. The typical street sections shown on the tentative map for South r;tcDowell Blvd. and Cader Lane are acceptable with the exception that any pavement raveling from the e=xisting roadway shall be reconstructed with the proposed widening. ,d. The proposed drainage ditch shall not be located over or within the existing sanitary sewer easement. h. PG &E should be contacted regarding any special conditions they may have regarding construction within their easement on Lots 3, 4 and 5. 3. A master landscape plan shall be submitted to SPARC for review and approval prior to final map approval. Said plan shall incorporate a meandering sidewalk, berming and specific tree species within the front setback area, similar to Oakmead - Northbay Industrial Park and perimeter tree planting. 4. Prior to approval of the final map, the owner /developer shall work with staff to develop overall land use and design guidelines for Cader 'Lane Industrial Park, subject to SPARC approval. Such criteria shall include, but not be limited to, land uses, landscaping, architectural standards, exterior building materials, screening and fencing, walkways (meandering similar to Oakmead- NorthBay Industrial Park) , parking and loading areas and sign programs. 5. Conditions, Covenants and Restrictions drafted for the industrial park, if any, shall be subject to approval of the Community Development Department and the City Attorney prior to final map approval. 6. 'The following conditions of the Fire Marshal shall be complied with: a. Provide eight inch (8 ") fire service line to each parcel. b. Hydrant indicated at Parcel No. 3 is- proposed - not existing. 7 Street - nab- sha +l- -be- cxbject- fio- -agprova4- Qf- th-f-- -6 ity- Street - * nmg Ebnrmittee : 7. $- 'The large metal industrial shop building located on Lot I shall be 'permitted to remain for the continued occupancy by the existing user or two years whichever is longer, after which time it shall be demolished. All other existing structures shall be demolished and all equipment, hay and materials presently stored on the site shall be 4 e. The proposed storm drain system shall be in conformance with City standards and Sonoma County Water Agency's Master 00 Drainage Plan. ® f. Signing and striping shall conform to the City of PEtaluma ® standards. g. All utilities located within the existing PG &E gas line easements shall be field verified (horizontally and vertically) every 100' by the utility company prior to any construction in the area. h. PG &E should be contacted regarding any special conditions they may have regarding construction within their easement on Lots 3, 4 and 5. 3. A master landscape plan shall be submitted to SPARC for review and approval prior to final map approval. Said plan shall incorporate a meandering sidewalk, berming and specific tree species within the front setback area, similar to Oakmead - Northbay Industrial Park and perimeter tree planting. 4. Prior to approval of the final map, the owner /developer shall work with staff to develop overall land use and design guidelines for Cader 'Lane Industrial Park, subject to SPARC approval. Such criteria shall include, but not be limited to, land uses, landscaping, architectural standards, exterior building materials, screening and fencing, walkways (meandering similar to Oakmead- NorthBay Industrial Park) , parking and loading areas and sign programs. 5. Conditions, Covenants and Restrictions drafted for the industrial park, if any, shall be subject to approval of the Community Development Department and the City Attorney prior to final map approval. 6. 'The following conditions of the Fire Marshal shall be complied with: a. Provide eight inch (8 ") fire service line to each parcel. b. Hydrant indicated at Parcel No. 3 is- proposed - not existing. 7 Street - nab- sha +l- -be- cxbject- fio- -agprova4- Qf- th-f-- -6 ity- Street - * nmg Ebnrmittee : 7. $- 'The large metal industrial shop building located on Lot I shall be 'permitted to remain for the continued occupancy by the existing user or two years whichever is longer, after which time it shall be demolished. All other existing structures shall be demolished and all equipment, hay and materials presently stored on the site shall be 4 52 removed or relocated to a screened location, prior to approval of final map. 8.9- All overhead utilities fronting on or traversing the site shall be converted to underground. 9.19- The project shall be required to pay a pro -rate share, based on projected buildout traffic generation, of the cost of future signalization of the unsignalized South McDowell Blvd. Extension/ Lakeville Highway intersection, subject to approval of the City Engineer. 10.1- The tentative map shall be revised so as to reflect the changes which have resulted from the conditions of approval and the change in subdivision area. A fully revised tentative map shall be submitted to the Community Development an Planning Department within 60 days of City Council approval. 11. The property line between Lots 3 and 4 shall be reconfigured to align with the center of the existing PG &E easement if the resulting lots will meet Citv Standards. III. GOLDEN GATE TRANSIT, ELY BLVD. AT CYGNUS WAY AND ELY BLVD. AT RAINIER AVENUE (File 9.196) . 1. Consideration of Negative Declaration. 2. Consideration of amendment to Certificate of Convenience to provide two additional bus stops. The public hearing was opened. SPEAKERS: None. The public hearing was closed. A motion was made by Commissioner Head and seconded by Commissioner Parkerson to direct staff to prepare a negative declaration for the proposed bus stops based on the findings in the staff report. AYES: 6 NOES: 0 ABSENT: 1 (Libarle) Findings 1. The proposed bus stops do not have the potential to degrade the quality of the environment. 2. The proposed stops do not have the potential to achieve short -term environmental goals to the disadvantage of long -term goals. 3. The proposed stops do not have possible environmental effects which are individually limited but cumulatively considerable. 5 (. K 53 4. The environmental effects of these two additional stops will not cause substantial adverse effects on human beings, either directly or indirectly. A motion was made by Commissioner Head and seconded by Commissioner Tarr to recommend approval of addition of bus stops as proposed based on the findings listed in the staff report. AYES!: 6 NOES: 0 ABSENT: 1 (Libarle) IV. MARIN COUNTY TRANSIT DISTRICT, (File 9.195) . 1. Consideration of Negative Declaration. 2. 'Consideration of Certificate of Convenience (new route and stops) . The public hearing was opened. SPEAKERS: John Lowell - blarin county Transit - Ansr:ered questions, described new route and stops. The public hearing was closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Davis to direct staff to prepare and post a negative declaration for the proposed route and bus stops based on the findings in the staff report. AYES: 6 NOES: 0 ABSENT: 1 (Libarle) Findings 1. The proposed route and bus stops do not have the potential to degrade the quality of the environment. 2. The proposed route and stops do not have the potential to achieve short -term environmental goals to the disadvantage of long -term goals. 3. 'The proposed route and stops do not have possible environmental effects which are individually limited but cumulatively considerable. 4. The environmental effects of the proposed route and stops will not cause substantial adverse effects on human beings, either directly or indirectly. I Findi�' gs : 00 q 1. The proposed two additional bus stops will conform to the intent of the O applicable goals and policies of the General Plan /EDP. ® 2. 'The proposed two additional bus stops \gill not constitute a nuisance or be detrimental to the public welfare of the community. IV. MARIN COUNTY TRANSIT DISTRICT, (File 9.195) . 1. Consideration of Negative Declaration. 2. 'Consideration of Certificate of Convenience (new route and stops) . The public hearing was opened. SPEAKERS: John Lowell - blarin county Transit - Ansr:ered questions, described new route and stops. The public hearing was closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Davis to direct staff to prepare and post a negative declaration for the proposed route and bus stops based on the findings in the staff report. AYES: 6 NOES: 0 ABSENT: 1 (Libarle) Findings 1. The proposed route and bus stops do not have the potential to degrade the quality of the environment. 2. The proposed route and stops do not have the potential to achieve short -term environmental goals to the disadvantage of long -term goals. 3. 'The proposed route and stops do not have possible environmental effects which are individually limited but cumulatively considerable. 4. The environmental effects of the proposed route and stops will not cause substantial adverse effects on human beings, either directly or indirectly. I 54 A motion was made by Commissioner Head and seconded by Commissioner Parkerson to recommend approval of the bus certificate for a four month demonstration period based on the findings in the staff report and subject to conditions below: AYES: 6 NOES: 0 ABSENT: 1 (Libarle) Findings 1. The proposed new route and bus stops will conform to the intent of the applicable goals and policies of the General Plan /EDP. 2. The proposed new route and bus stops will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions: 1. Marin County Transit shall report back to the Planning Commission at the end of the demonstration period. Additional stop at Ely Boulevard and Rainier Avenue shall be provided. V. BOD's DINER, ROBERT SPIELDENNER, 1420 SOUTH MCDOWELL, AP No. 005 - 250 -43 (File 1.507) . 1. Consideration of use permit to allow sale of beer and wine for consumption on premises. The public hearing was opened. \ SPEAKERS: None. The public hearing was closed. A motion was made by Commissioner Tarr and seconded by Commissioner Davis to recommend approval of a use permit allowing the sale of beer and wine for on -site consumption subject to the one condition listed in the staff report. AYES: 6 NOES: 0 ABSENT: 1 (Libarle Condition: 1. Use Permit to be reviewed annually by staff. If complaints are received regarding operation of the restaurant the matter will be brought to the Commission's attention. VI. FARRELL HOUSE, JOEL COOPERSMITH, 222 WELLER STREET, AP No. 007 - 142 -12 (File 1.506). 1. Consideration of use permit for re- establishment of restaurant. Al rl The public hearing was opened. SPEAKERS: Joel Coopersmith - applicant - answered questions. Peter Hensey - Creative Leisure, 951 Transport Way - Spoke in favor of project. The public hearing was closed. A motion was made by Commissioner Davis and seconded by Commissioner Head to recommend granting of the use permit for re- establishment of a restaurant /bar with maximum seating of 120, subject to the findings and co conditions listed in the staff report as amended. 0 AYES:; 6 NOES: 0 ABSENT: 1 (Libarle) ® Findings 1. The proposed use permit, as conditioned, conforms with the intent of the Zoning Ordinance. 2. The proposed use permit conforms with the goals, policies, and Programs of the General Plan /EDP. 3. The proposed Use Permit will not constitute a nuisance or be detrimental to the public welfare of the community, but rather contribute towards new vitality within the downtown waterfront area. 4. Granting of this use permit will not constitute a special privilege not enjoyed by other businesses in the area. 5. Granting of this use permit will not be a detriment to adjacent property, but rather contribute to the economic viability of the existing downtown /riverfront area. i 6. The proposed modifications are categorically exempt from environmental review pursuant to California Environmental review pursuant to California Environmental Quality Act Sections 15301 (existing facilities) , 115302 (reconstruction) , and 15305 QIinor Alterations in Land Use Limitations) because of the similarity in use and reduction of building area in a Floodway Zone. 7. Granting of this. Use Permit will constitute the granting of a variance per Zoning Ordinance Section 26- 303 -5. Conditions 1. The Use Permit shall be subject to review by the Planning Commission in three -years one year to evaluate parking situation. 2. The site plan and exterior modifications /improvements shall be subject to administrative site plan and architectural approval with particular emphasis placed on parking, landscaping, exterior treatments and signs. 1N 56 3. The project applicant /owner shall apply for local historic designation of the site, prior to commencement of use. 4. The project applicant /owner shall provide parking agreements for the provision of off -site parking spaces to provide a minimum total of 48 spaces to serve the restaurant, subject to staff approval prior to commencement of use VII. BURKART MOBILE, DENNIS BURKART, 701 PETALUMA BLVD. NORTH, AP No. 006 - 092 - 1.5 (File 1.505). 1. Consideration of use permit for building expansion. The public hearing was opened. SPEAKERS: Dennis Burkhardt - 701 Petaluma Blvd. North - applicant, answered questions, described project. The public hearing was closed. A motion was made by Commissioner Parkerson to direct staff to prepare on the findings in the staff report. Tarr and seconded by Commissioner a mitigated negative declaration based AYES: 6 NOES: 0 Findings ABSENT: 1 (Libarle) 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 and because of the great distance between the building and nearby - residences, does not have environmental effects which will cause substantial adverse effects on human beings either directly or indirectly. A motion was made by Commissioner Head and seconded by Commissioner Davis to recommend approval of the use permit as subject to the findings and conditions listed in the staff report as amended. 0 5'7 i1 J AYES: 6 Fin ding s : NOES: 0 ABSENT: 1 (Libarle) 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. 2. This project will not constitute a nuisance or be detrimental to the public welfare of the community due to the mitigation measures incorporated in the conditions of approval. Conditions 1. A41-- p +ry-sitai- improvetrents- are Entire site shall be subject to SPARC review. Special review of traffic out of project turning north across traffic onto Petaluma Blvd. should be made. 2. Repair activities shall conform to Zoning Ordinance performance standards for noise, light /glare, and particulate matter. 3. Drainage systems shall conform to requirements of Envirotech and the Public Works Department to prohibit unwanted substances from entering the sewage system. 4. 'Automobiles in visible need of repair (e.g. needing major body repair; missing exterior parts, engines, tires, etc.) shall not be parked or stored outside. 5. All auto repair shall occur inside buildings. 6. There shall be no outdoor storage of materials, equipment or tools or other products related to the business; and no parking lot vendors (i.e. no sales of "laser art ", velvet paintings, tools, pottery, etc.). 7. Receipt of complaints regarding operations at the project site may result in a Planning Commission recall of this use permit to review, add, modify, or cancel any conditions and /or approvals. 8. Hours of the automobile repair activities is limited to between 8:00 AM and 6:00 PM. 9. A solid wall to block noise, not to ex-ceed 6' in height, shall be erected between the new auto repair building and a point even with ,the rear wall of the mortgage office building to the rear. Said wall is subject to SPARC approval. 10. Prior to occupancy of the new building, all signs shall be brought into conformance with the City's Zoning Ordinance. 11. Parking space No. 10 indicated on the site plan shall be deleted 10 ME CONTINUED PUBLIC HEARING VIII. CITY OF PETALUMA ZONING ORDINANCE, MISCELLANEOUS TEXT AMENDD(Er1TS (File 7.114) . 1. Consideration of miscellaneous text amendments. (Continued from 8/27/86 meeting) . The public hearing was closed for those items for which a consensus could be reached. The hearing for all other items was continued to the September 23, 1986 meeting. A motion was made by Commissioner Head and seconded by Commissioner Parkerson to recommend approval of the following Zoning Ordinance amendments: AYES: 6 NOES: 0 ABSENT: 1 (Libarle) = revised sections to existing ordinances. Section 1 . Article 1, Section 1 -203 of Zoning Ordinance No. 1072 N.C.S. is hereby amended by the addition of the following definitions: - Auto wrecking yards Land used for dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power or have not moved, which may not legally operate on the street, or from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. - Junk Means any used, waste, discarded, or salvaged machinery, scrap iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building; materials or other waste which has been abandoned from its original use and may be used again in its -iresent or in a new form. Also including automobiles, other vehicles or dismantled vehicles in whole or part. - Junkyard The use of more than one hundred (100) square feet of any lot zoned A, R, or C, or more than two hundred (200) square feet in any other district where "junk" is kept, stored, located, piled, salvaged, reconditioned, sold, bartered or put to anv use, where such junk is visible from any street, alley, roadway easement, or adjoining property. 11 59 - Open Storage The .storage of new or usable supplies, materials, products, motor vehicles or other appurtenances in the "open" or in view of the general public. "Open storage" does not include a "junkyard ". Section 2 . Sections 13 -400, 14 -400 and 15 -400 (Conditional Uses in C -H. M -L }and M -G districts) of the Zoning Ordinance No. 1072 N.C.S. are hereby amended to include "Automotive repairs, major "; "Automotive repairPs, minor "; and "Open Storage ", Auto Wrecking Yards, and Junkyards only where fully screened." 00 Section 3. Sections 11 -400 and 12 -400 (Conditional Uses in C -N and C -C O districts of the Zonirig Ordinance are hereby amended to include "Automotive repairs, minor". Section 4 . Section 26 -512 is hereby added to the Zoning Ordinance to permit administrative approval of use permits as follows: 26 -512. minor Use Permits For rninor use permits, the Zoning Adrniiiistrator is hereby empowered to receive applications, notify pursuant to Section 26- 504.2, offer the opportunity of public hearings, and approve subject to findings and conditions as required of the Planning Commission. For purposes of this section, "minor use permits" include minor exterior modifications or enlargements to existing use permits, said modifications or enlargements being of inconsequential nature and not involving a significant change in operations; minor extension of operating hours to existing use permits Where the business has no appreciable outside noise and /or does not abut a residential district; and new use permits where the use is of the same or more restricted nature as the previous use occupying the site. 26- 512.1. The Zoning Administrator may refer to the Planning Commission for a public hearing any project but shall refer applications I ot categorically exempt from the requirements of the California Environmental Quality Act (CEQA), and projects for which adverse comments have been received as a result of public notification which could not be adequately mitigated. 2.6.512.2 Any decision by the Zoning Administrator on a minor use permit may be appealed to the Planning Commission. The appeal, Which must be written, shall state specifically wherein it is claimed there was an error or abuse of discretion by the Zoning Administrator or wherein the decision is not supported by the evidence in the record. Appeals shall be processed pursuant to procedures contained in Section 26 -203. Section 5 . Section 25 -401 of amended to read as follows: "A non- conforming use or moved to a different b y such use, except reconstructed in such a Zoning Ordinance No. 1072 N.C.S. is hereby :)r structure shall not be enlarged, extended, portion of the lot or parcel of land occupied that a non - conforming structure may be way as to make it conforming, and residential 12 t' M and accessory structures located in appropriate residential districts which have non- conforming yard setbacks may be altered or added to, provided that such alterations and additions would not result in a greater non - conformity of yard setbacks and provided further that minimum yard Setbacks of ten (10) feet are maintained for a principal structure's front and rear yards,_ three 3 feet for a principal structure's side yard, and three l3 feet for accessory structure side and rear yard setbacks." Section 6 . Section 21- 204.3N is hereby added to Zoning Ordinance No. 1072 N.C.S. to read as follows: "N. No non - monument, non -low profile style freestanding signs are permitted on any lot with a frontage on East Washington Street." Section 9 . Section 19 -201 of Zoning Ordinance No. 1072 N.C.S. is hereby amended to read as follows: "No P -C District shall be established on any parcels of less than twenty (20) acres." Section 10 . Zoning Ordinance No. 1072 N.C.S. Section 26 -107 is hereby amended to read as follows: " Duration of Permit The Zoning Permit shall be issued by the Director for a period not to exceed 30 days in any one year The Zoning Permit may be renewed by the permittee once for a period not to exceed 30 days, except that special activities described by Section 26 -101E may receive extensions not to exceed 180 days The Director may deny an application for permit extension for any of the grounds specified in Section 26 -105, or due to the applicant's failure to comply with the terms and conditions of the original Zoning Permit. The Director may add additional permit conditions upon permit renewal. ADJOURNMENT: 10 :50 PM. ATTEST: Warren Salmons, Planning Director 13