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HomeMy WebLinkAboutMinutes 01/13/1987136 �1 PETALUMA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS, CITY HALL January 13, 1987 Tuesday, 7:.30 p.m. PETALUMA, CALIF. The 'Planning Commission encourages applicants or their representative to be available at the meeting to answer questions so that no agenda item need be deferred to a later date due to a lack of pertinent information. PLEDGE OF ALLEGIANCE TO THE FLAG ROT.T. CAT.T. COMMISSIONERS PRESENT: Bennett, Davis, Libarle, Parkerson, Read, Tarr COMMISSIONERS ABSENT: Head STAFF: Warren Salmons, Planning Director Kurt Yeiter, Associate Planner APPROVAL OF MINUTES Minutes of November 25 and December 9, 1986 were approved as submitted. CORRESPONDENCE: None. DIRECTOR'S REPORT Annual Commission Dinner Result of Technical Rating Meeting 1/6/87 - both items failed. General Plan Update Progress Council goals setting Zz joint meeting with Commission Sonoma State Workshop - register as soon as possible with staff. Corona /Ely Study - Knox and Wagstaff to be consultants. Growth Management Ordinance Update Hamilton Field EIR Commission agreed to allocation of funds authorized' by Council to engage Wagstaff as consultant to work with Planning staff. COMMISSIONER?S REPORT None. 1 13'4 CONTINUED PUBLIC HEARINGS f I. G&W MANAGEMENT, INC., :REDWOOD BUSINESS PARK II, NORTHWEST CORNER OF 101 HIGHWAY AND REDWOOD HIGHWAY, AP NO's 047- 211 -12, 20 and 22 and 007 - 421 -07 and 08 ( Files 3.354, 6.793, 8j102, 11.857). 1. Continued consideration of Draft EIR . 2. Consideration of stormwater detention and traffic aspects of project leading towards prezone, rezone, annexation and subdivision of 74.4 acres. I f The public hearing was opened. -] SPEAKERS: Bill White - President, G&:IV Management Company - 1301 Redwood Way, 'Petaluma Asked: why redesign of drainage is not acceptable. Pond will be designed as year -round and ' very attractive water source,. - Agreed. with staff that three _ overerossings are needed. for increased traffic in near future. A_ll projects in area should pay some immediate f contributions for studies. is Gary Wincott, Brian K.angu . Faulk, Applicant Engineer - Described pond hg and answered questions. After 1general discussion by the Commission, a "straw" vote was taken regarding acceptance of the current, drainage plan. The Commission voted 2 to 4 against acceptance of the current plan without further study. Results, of a "straw" vote regarding acceptance of the current traffic study were 51'to 1 in favor of acceptance without further traffic study. A motion was made by Commissioner Parkerson and seconded by Commissioner Read to require independent review of the revised stormwater detention and drainage plan to confirm its `effectiveness and to find mitigation measures for potential significant adverse effects that may result from this plan. This hearing was continued until the meeting of January 27, 1947. AYES: :3 NOES: 2 (Davis, Libarle) ABSENT: 1(Head) ABSTAIN: l(Bennett) ('abstained because he was not in attendance at previous discussions) PUBLIC HEARINGS II. G'QLDEN SPRING MANDARIN RESTAURANT, 1410 South McDowell Boulevard, portion of AP No. 005 - 250 -42 (File 1.519) . 1. Consideration of use permit to allow beer and wine sales in conjunction w'th operation ;of restaurant;. The public hearing was opened. SPEAKERS : None. N 138 The public hearing was closed. A motion was made. by Commissioner Libarle and seconded. by Commissioner Davis to approve the use permit subject to the findings and conditions listed in the staff report. AYES: 6 NOES: 0 ABSENT: 1 (Head') Findings 1. The proposed .use, ,subject to the condition of approval, conforms to the intent and requirements of the Zoning Ordinance and the General Plan /EDP. 2. This project will not constitute a nuisance or be detrimental to the public welfare of the community. 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. III. CITY OF PETALUMA /MOPA,, PETALUI-1A MARINA /OFFICE COMPLEX, AP NO. 00.5- 060 -24, - 27 and 28 (File 3.35'1) . 1. Consideration of rezoning 26 acres from M -L /FPC to PCD /FPC to accommodate development of a marina /office complex. The applicant requested and was granted a continuance to the Planning Commission meeting of February 10, 1987. IV. CITY OF PETALUMA ZONING ORDINANCE,, MISCELLANEOUS TEXT AMENDMENTS (File 7.115) . 1. Consideration of miscellaneous text amendments. The public hearing was opened. SPEAYERS: None. The public hearing was closed. A motion, was made by Commissioner Davis and seconded by Commissioner Read to recommend a_pprov,al . of the Ordinance regarding policies for development in Flood Plain Combining Districts as presented. AYES: 5 NOES: 1 ( Libarle) ABSENT: 1 (Head) A motion was made by Commissioner Parkerson and seconded, by Commissioner Read to recommend approval of the Ordinance regarding 3 appeal i;and SPARC review procedures with the addition of the phrase "10 working days" where appropriate. F" AYES:' 6 NOES: 0 ABSENT: 1 ( Head) i A motion was made by Commissioner Read and seconded by Commissioner Parker son to recommend approval of Ordinance regarding SPARC review Procedures. i AYES: 6 i I i; NOES,: 0 ORDINANCE NO. N.C.S. INTRO f DUCED BY: SECONDED BY I I I j j ._ i A'N ORDINANCE AMEN -DING ZONING ORDINANCE ,NO.. 1072 N.C.S. REGARDING POLICIES FOR DEVELOPMENT IN FLOOD PLAIN COMBINING 'DISTRICT BY- AMENDING SECTIONS 16 -703, 1 -704 and 16 -705 OF THE ZONING ORDINANCE i I I BE IT ORDAINED BY THE CITY OF PETALU CIA AS FOLLOWS: 1. 9rticle 16, Section 16 -703 of Zoning Ordinance No. 1072 N.C.S. is hereby amended as follows i Section 16 -703 Residential Construction (except Mobile Home ,Parks New construction and substantial improvement of any residential structure permitted in, FP -C (Flood Plain - Combining)' Zones shall have lowest habitable floor, including 'basement, elevated at least }2u . 2'4" inches above the level of the base flood elevation 'or depth number I specified on the Flood Insurance Rate Map (FIRM) , whichever applies to the area. i' Section 16.703.1 Mobile Home Parks ABSENT: 1 (Head) 139 4 140 No new mobile homes shall be placed within flood.way areas. Existing mobile home parks within flood plain areas may be expanded and new mobile home parks constructed only where the ground elevation of such park is elevated. at least 12 24" .above the base flood elevation and adequate access and drainage are provided. Existing mobile home, parks in floodway areas may not be expanded under any circumstances. 2. Article 16, Section 16 -704 of 'Zoning Ordinance No. 1072 N.C.S. is hereby amended as follows: Section. 16 -704 Non- Residential Construction New construction and substantial improvement of any commercial, industrial or other non - residential structure shall be subject to the restrictions of Section 16 -400 through 16- 50.3.4, and shall either have the lowest floor., including basement, elevated -12 .24" or more above the level of the base flood elevation or depth number specified on the Flood Insurance Rate Map (FIRM) ; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls, substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyance; and '(3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 16.707.7 3. Article 16 Section 16 -705.1 of the Zoning Ordinance No. 1072 N.C.S. is . hereby added to read as following Section 16 =705.1 Zero Net Fill Any material (including. fill, structures, or buildings) brought into a site within a flood plain area and positioned such that all or part of it disp a volume of flood water in the event of a base flood 'shall 5 141 be compensated for by the removal of a like volume of material , Material may be remo -,*ed from any portion of the site within the floodway or the flood plain or from another site within the immediate area. Any such proposal for required removal of compensating material must be shown to result in reasonable hydraulic and hydrologic equivalency to the situation before the development project, And be approved by the City Engineer and the Sonoma County Water Agency. 00 I q O M WHEREAS the Zoning Ordinance modifications contained herein reflect existing policies, contribute to the safe and orderly management of flood plain ;lands, and clarify regulatory procedures with no significant impacts the City Council hereby finds that the proposed amendments are categorically exempt from California Environmental Quality Act of 1970 as amended pursuant to CEQA Section 15305 (minor alterations in land use limitations), 15308 (actions by regulatory agencies for the protection of the environment) and 15321 (enforcement actions by regulatory agencies) . Pursuant to the provisions of the Zoning Ordinance No. 1072 N.C.S. and based upon the evidence it has received and in accordance to the findings made !the City Council hereby adopts amendments to said Zoning Ordinance No. 1072 N.C.S. rereinbefore referred to in accordance with the recommendation of the Planning Commission. The City Clerk is hereby directed to post this ordinance for the period and in the manner required by the City Charter. INTRODUCED AND ORDERED POSTED/ PUBLISHED this day of 1987. ADOPTED this day of AYES: NOES: ATTEST: 1987 by the following vote: ABSENT: 6 142 Pat Bernard, Citv Clerk ORDINANCE NO. INTRODUCED BY APPROVED: Patricia Hilligoss, Mayor Joseph Forest, City Attorney N.C.S. SECONDED BY '1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S. WITH REGARD TO APPEAL AND SPARC REVIEW PROCEDURES, AMENDING SECTIONS 26 -202, 26 -304, 26 -308, 26 -408, 26 -507, 26 -500 and 27 -600 OF THE ZONING ORDINANCE. BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOCY'S, Section 1, Article 26, Section 26 -202 of Zoning Ordinance No. 1072 N.C.S. ( "Zoning Administrator - Appeal " ) is hereb` amended as follows: 26 -202 Appeal Any person who is dissatisfied with a ruling or interpretation of the Zoning Administrator may appeal the matter to the Planning Commission. Such appeal shall be made within 10 working days of the decision in' writing to the City Clerk who will in consultation with the Communitv Development and Planning Department 7 143 cause the matter to be placed on the next- -avaiial -Ae agenda of the Planning Commission. If no appeal is taken within that time, the decision shall be final. The appeal shall be in the form of a letter to the Planning Commission and shall set forth specifically wherein it is claimed there was an error or abuse of discretion by the Zoning Administrator or wherein the administrator's decision is not supported by the evidence in the record and the relief sought by the applicant. The Zoning Administrator shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the ® meeting on the appeal at least ten (10) working days prior to the ® meeting. The Zoning Administrator shall transmit the application and all exhibits therewith to the Planning Commission for consideration. Section 2, Article 26, Section 2 ( " Variances - Referral of Ap amended as follows: 26 -304 Referral or appeal Administrator ( Director of application for a variance 6 -304 of Zoning Ordinance No. 1072 N.C.S. peal to Planning Commission ") is hereby to Planning Commission The Zoning Development and Planning) may refer any to the Planning Commission for action, or any person who disagrees with a ruling of the Zoning Administrator (Director of Development and Planning) may appeal such ruling within 10 working days to the Planning Commission. If no appeal is taken within that time, the decision shall be final. The appeal shall be in the form of a letter to the Planning Commission filed with the City Clerk and shall set forth specifically wherein it is claimed there was an error or abuse of discretion by the Zoning Administrator or wherein the ad. minis trator's decision is not supported by the evidence in the record and the relief sought by the applicant. The City Clerk, after consultation with `the Community Development and Planning Department, shall place the matter on the agenda of the Planning Commission and shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the hearing on the appeal at feast ten (10) working days prior to the hearing In either case the Zoning Administrator (Director of Development and Planning) shall transmit the application and all exhibits therewith to the Planning 0 11 j Commission for consideration The Planning Commission, in such case, shall grant a variance only if it can make the findings set forth in Section 26 -303. Section 3, Article 26, Section 26 -308 of Zoning Ordinance No. 1.072 N.C.S. ( " Variances - Appeal to City Council ") is hereby amended as follows: 26 -308 Appeal to City Council. 26 -308.1 Within ten (10) working days following the decision of the Planning Commission on a variance application, the decision may be appealed to the City Council by the applicant or any other interested party. If no appeal is taken within that time, the decision shall be final An appeal shall be made in the form of a letter to, the City ' Council and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse or discretion by the Planning Commission or wherein the decision is not supported by the evidence in the record and the relief sought by the applicant 26- 308.2 Withirr- five -- FS- }- dzys-vfi -- tire- -filing -of -an- apix l - tire The Zoning Administrator (Director of Development and Planning) shall transmit to the City Clerk the variance application, and all other data filed therewith, the minutes of the public hearing, if any, the report of the Zoning Administrator, and the findings and decision of the Planning Commission. Only such evidence and plans as submitted and ruled upon by the Commission may be accepted in an appeal to Council. If additional evidence or modifications in plan_ are introduced, the case shall be returned to the Commission for new ruling 26 -308.3 The City Clerk, after consultation with the Community Development and Planning Department shall set the matter for public hearing on the agenda at- a- etlar- meeting of the Council not -4ess than- twent -440- }gror- mote - tharrt+Artp- {30 -dayrs after the filing of the appeal, and shall notify in writing all persons who have demonstrated M 145 their interest in the matter of the time and place of the Council hearing on the appeal at least ten (10) working days prior to the hearing ptxbiish- �rolice- of-- sTZCh-- lrcarirrg -in- a- -rre� -ef -�1 eirnrlatian - iT - the - Eity of--Petaitxma. Section 4, Article 26, Section 26 -408, of Zoning Ordinance No. 1072 N.C.S. ( "Site, Plan and Architectural . Approval - Appeal Right Procedures ") is 00 hereby amended as follows: ® 26 -408 Appeal Rights: Procedures A. Any decision of the Planning Director may be appealed to the Committee. B.. Any decision of the Committee may be appealed to the City Council, whose decision shall be final. G. An appeal shall be filed in writing with the City Clerk Planning Department not later than ten (10) working days following the date notification of a the decision is mailed. If no appeal is taken within that time, the decision shall be final. T41re--a-ppea1•- is- -tairen withiTr that time - thre -- decision - -is - -f inal The appeal shall be in the form of a letter to the Committee or to the City Council and shall set forth specifically wherein it is claimed there was an error or abuse of discretion or wherein the decision is not supported by the evidence in the record the - -bs - s - for - the -- appeal--arr& - the relief -- -sought - - by- -- the- - -appHcatioTr. The City Clerk after consultation with the Community Development and Planning Department shall establish a hearing date not -meter- than- 3f) -gps following-- the - filing -vf --tire - appeal and shall notify all -interested persimr all persons who have demonstrated their interest in the matter in writing of the time and place of the hearing at least ten (10) working days prior to the hearing. Only such evidence and plans as submitted and ruled upon by the Committee may be accepted in an appeal to Council. If additional 10 1 evidence or modifications in plan are introduced, the case shall be returned to the Commission for new ruling Section 5, Article 26, Section 26 -507, of Zoning Ordinance No. 1072 N.C.S. (" Conditional Use Permits - Appealed to City Council ") is hereby amended as follows: 26 -507 Appeal to City Council 26- 507.1 Within ten (10) working days following the date of a decision of the Planning Commission on a Use Permit application, the decision may be appealed to the City Council by the applicant or by any other interested party. If no appeal is taken within that time, the decision shall be final An appeal shall be made on-- f�mrrr- presrbed- by -the ' E',ornmrssrion in the form of a letter to the Council and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record and the relief sought by the applicant 26 -507.2 The Zoning Administrator (Director of Development and Planning) shall transmit to the City Clerk the Use Permit application and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Administrator and the findings and decision of the Commission. OnlSr such - evidence and plans as submitted and ruled upon by the Commission may be accepted in an appeal to Council. If additional evidence or modifications in plan are introduced, the case shall be returned to the Commission for new ruling 26 -507.3 The City Clerk, after consultation with the Community Development and Planning Department shall set the matter for public hearing on the agenda at- a-- regTZl-ar- meeting of the Council net --less than - twenty -(24) -nrvr- more- than-t+Hrt7- {30 -daT-s after- the- €rlmg-ef -the 11 14'7 $ppeal and shall -- Yre'%-spaper - -of gerreral- circttlatian- in i?etaiuma: notify in writing all persons who have demonstrated their interest in the matter of the time and place of the Council hearing on the ' appeal at least ten (10) working days prior to the hearing Section 6, Article 27, Section 27 -600 of Zoning Ordinance No. 1072 N.C.S. ( " Amendments - Appeal From Action by the Planning. Commission ") is hereby amended as follows: 27 -600 Appeal from action by the Planning Commission dznyicrg --an i application In the event that the City Planning Commission makes a d' e 'termination on decries a proposed amendment, any-- Berson- sggriwed by` -s-uth - decision the applicant or any other person may within ten (10) working days appeal said determination to the City Council by filing a written appeal notice with the City Clerk. If no appeal is taken within that time:; the decision shall be final The appeal shall I ' e in the form of a letter to the City Council and shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported b y the evidence in the record, and the relief sought by the applicant. The City Clerk, after consultation with the Community Development and Planning Department,, shall set the matter for public hearing on the agenda of the Council and shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the Council hearing on the appeal at least ten (10) working days prior to the hearing The Zoning Administrator (Director of Development and Planning)_' shall transmit to the City Clerk the Zoning Amendment application and all other data filed therewith, the minutes of the public hearing, the report of the Zoning Administrator and the findings and decision of the Commission Only such evidence and plans as submitted and ruled upon by the Commission may be accepted in an appeal. If additional evidence or modifications in plan are introduced, the case i shall be returned to the Commission for new ruling. 12 e Section 7, Article 26 -500, of Zoning Ordinance No. 1072 N.C.S. ( " Conditional Use Permits is hereby amended as follows: 26 -500 Conditional Use Permits - The purpose of the Conditional Use Permit is to insure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in particular manner. In considering an application for a conditional use, the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures, and to the general and specific requirements of Article 21. The Commission may approve, conditionally approve, or deny an application for a conditional use. In granting conditional' approval, the Commission may impose such requirements and conditions in addition to those specified in Article 21, with respect to location, construction, maintenance, operation, and duration as may be deemed necessary for the protection of adjacent properties and the public interest. In addition to the review described herein, any proposed Conditional Use shall be subject to site plan and architectural approval in accordance with the procedures and standards set forth in Section 26 -401. Except for accessory dwellings, No additional application shall be required and no additional fee shall be charged for such site plan and architectural review. When a Conditional Use Permit has been issued in accordance with the provisions of this section,, it shall be deemed to be the Zoning Permit required by Section 26 -100. (Balance of 'Section 26 -500 is unchanged, except as specified above, #5): WHEREAS the Zoning Ordinance modifications contained herein reflect existing policies, contribute to the orderliness and consistency of the regulatory procedures with no significant effects, the City Council hereby finds that the proposed amendments are categorically exempt from California Environmental Quality Act of 1970 as amended pursuant to CEQA Sections 15305 (Minor Alterations In Land Use Limitations), 15308 (Actions By 13 149 Regulatory Agencies For Protection Of The Environment) and 15321 (Enforcement Actions By Regulatory Agencies) . PURSUANT to the provisions of Zoning Ordinance No. 1072 N.C.S. and based upon the evidence it has received and in accordance with the findings made, the City Council hereby adopts amendments to said Zoning Ordinance No. 1072 N.C.S. herein before referred to in accordance with the recommendations of the Planning Commission. THE CITY CLERK is hereby directed to post this Ordinance for the period i and in 'the manner required. by the City Charter. i INTRODUCED AND ORDERED POSTED /PUBLISHED this day of , 1987. ADOPTED this day of , 1987 by the following vote: AYES NOES:' ABSENT: ATTEST: Patricia Bernard, City Clerk APPROVED: Joe Forest, City Attorney PLANNING MATTER Patricia Hilligoss, Mayor 14 150 Discussion on Brown Act revisions - public comment memo. General discussion on Brown Act revisions: a) Agenda to be posted 72 hours prior to meeting in a publically accessible place. b) Any items to be discussed must be listed on the agenda (including Commissioner's reports) . C) Public comment period must be provided on items with the realm of Planning Commission jurisdiction. d) Future Planning Commission Agendas will be amended to add a public comment section right after roll call including directions on length of speaking time. ADJOURNMENT 9:58 PM. ATTEST: Warren Salmons Director, Community Development and Planning I .. 15