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HomeMy WebLinkAboutMinutes 03/27/1987MOXII Minutes are not final until approved by the Planning Commission. a� PETALUMA PLANNING COMMISSION March 24, 1987 REGULAR MEETING Tuesday, 7:30 p.m. CITYi COUNCIL CHAMBERS, CITY HALL 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 ROLL CALL COMMISSIONERS PRESENT: Bennett, Davis, Head, Parkerson, Read, Tarr COMMISSIONERS ABSENT: Libarle STAFF: Warren Salmons, Planning Director Pamela Tuft, Principal Planner Michael Moore, Principal Planner Kurt Yeiter, Associate Planner John Morgan, Assistant Planner APPROVAL OF MINUTES Minutes of March 10, 1987 were approved as submitted. i PUBLIC COMMENT (15 minutes maximum) . The Planning Commission will hear ;',public comments only on matters over which they have jurisdiction. There will be no Commission discussion. The Chairman will allot no more than 'five minutes to any individual. If more than three persons wish to speak their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. There was no public comment. CORRESPONDENCE Letter distributed from County Planning Commissioners regarding seminar on Hazardous Waste Planning. DIRE;CTOR'S REPORT Zoning Ordinance Update - Consulting team selected. Growth Management Update - Council authorized hiring consultants. Chairman Tarr presented with plaque for past SPARC service 1 M COMMISSIONER's REPORT Principles of Planning Report. OLD BUSINESS I. CITY OF PETALUMA /MARINA OFFICE PARK ASSOCIATES, REZONE FOR MARINA /OFFICE COMPLEX, AP NO's 005 - 060 -24, 27 & 28 (File 3.351). This item was removed from the agenda and canceled at the request of the applicant. It will be renoticed. NEW BUSINESS II. MARTIN AND PAPINI, 523 OAK STREET, AP NO's 6- 201-15 & 23, (File � 2.355). 1. Consideration of appeal for Subdivision Ordinance Modifications to allow creation of a flag lot. The public hearing was opened. SPEAKERS: David Martin - applicant - answered questions regarding project. Linda Kade - project architect - answered questions and presented graphics. Joann Gordier - 333 Walnut - concerns regarding drainage, 1 -story limitation. Richard Wassem - 325 Walnut Street - concerns regarding drainage.. Bob Workmen - 328 Howard - approved of project. Jim Webb - 327 Howard - approved of project, felt drainage would be improved, height not a problem. Emil Mogel - applicant engineer - drainage would be improved on lot; answered questions regarding subdivision map act. The public hearing was closed. A motion was. made by Commissioner Head and seconded by Commissioner Parkerson to recommend to the City Council granting of the subdivision ordinance modifications subject to the findings and conditions as follows: COMMISSIONER BENNETT - AYE COMMISSIONER DAVIS - AYE COMMISSIONER HEAD - AYE COMMISSIONER LIBARLE - ABSENT 2 COMMISSIONER PARKERSON - AYE COMMISSIONER READ - NO (felt there should be a one -story height restriction) COMMISSIONER TARR - AYE Findings 1. There are special circumstances or conditions affecting the property in that this is an existing land - locked lot. 2. Modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner in that the total area of t he two lots in question is 22,400 sq.ft. (more than three times the Q minimum lot area for the zoning district, more than two times the minimum lot area for the slope of the lot under the Hillside Residential ® Overlay District) and in light of the fact that many of the surrounding co lots are 8,000 sq.ft. or less. This is true of five of the eight Adjoining lots and that therefore development with a single- family House on each of the two lots in question is a substantial property right in this case. 3. Granting of the .modification will not be detrimental to the public welfare or safety or injurious to other property in the territory in which said property is situated because that granting will be I onditional upon review of the design of any house to, be built on the property to insure protection of existing privacy and architectural J ompatibility with the neighborhood. Conditions 1. Any house to be built on the rear lot shall be subject to review by the Site -- lean -- aid-- Arcri +-*_+* Revir- focnmittee Historic and Cultural Preservation Committee SP*RE H & CP Committee is particularly enjoined to insure that the design of the house is architecturally compatible with the neighborhood and that privacy of adjoining properties is protected to the extent possible through the use of screening vegetation or size and placement of windows or height and placement of buildings on the site as appropriate. Building envelope to be limited to northeast corner of site onlv and all trees to be preserved 2. All requirements of the Fire Marshal with regard to access and /or sprinkler system shall be met. 3. All requirements of the City Engineer with regard to sewage and storm water runoff system shall be met. 4. Onlv gravity flow systems shall be permitted for sewage and storm ;water runoff . 6 -1 1 3 I III. V.VAZ, VICTOR's TOWING, 825 PETALUMA BLVD. NORTH, AP NO. 006 - 041 -25, (File 1.525). 1. Consideration of EIQ . 2. Consideration of conditional use permit for a towing yard. The public hearing was opened. SPEAKERS: Francis Lochita - 34 Cherry Street - problems regarding possible vandalism at night. Steve Anderson - 825 Petaluma Blvd. North - answered questions, problem with condition #10. � Victor Vaz - Applicant - answered questions regarding operation of business. The public hearing was closed. A motion was made by Commissioner Head and seconded by Commissioner Davis to direct staff to prepare a Mitigated Negative Declaration based on the following findings: o COMMISSIONER BENNETT - AYE COMMISSIONER DAVIS - AYE COMMISSIONER HEAD - AYE COMMISSIONER LIBARLE - ABSENT COMMISSIONER PARKERSON - NO COMMISSIONER READ - NO COMMISSIONER TARR - AYE Fin din g s : 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 an animal community, reduce the number or eliminate 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 the proposal does not contain additional phased development, the project as conditionally -approved. -does not have impacts which are individually limited but cumulatively considerable. 4 d. The project as conditionally approved, particularily with regard to Mitigation of noise and visual impacts, 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 Bennett to approve a use permit for this project based on the following findings and conditions: COMMISSIONER BENNETT - AYE COMMISSIONER DAVIS - AYE COMMISSIONER HEAD - AYE COMMISSIONER LIBARLE - ABSENT I q COMMISSIONER PARKERSON - NO O COMMISSIONER READ - NO ® COMMISSIONER TARR -AYE co Findings Q 1. The proposed use, subject to the conditions of approval, conforms to :the intent and requirement of the Zoning Ordinance, the General Plan and the EDP. 2. 'The project will not constitute a nuisance nor be detrimental to the public welfare of the community due to the mitigation measures incorporated in the conditions of approval. Conditions 1. Required improvements shall be subject to Administrative SPARC , review because there will be no building constructed on the site. 2. ,Pick -up or drop -off of vehicles shall be prohibited between the hours of -11 -90 8:00 PM and 7:00 AM. 3. To avoid problems of barking at night there shall be no use of a 'guard dog to protect the site - instead, as proposed by the applicant, !there shall be regular patrol of the site by a private security service. 4. Vehicles shall be stored by Victor's Towing only in the area within thirty feet of the north property line so as to keep them as far as possible from the adjoining residences. 5. No more than -15 20 total vehicles shall be stored for Victor's Towing s and Anderson's Auto Body on this site at any time. 6. ;A curb shall be established five feet in from the fence on the west and north property lines abutting the nearby apartments. Because this is A private storage area, the curbs may be of railroad ties or concrete. Between this curb and the fence, a hedge of evergreen shrubs of a ,fast growing variety capable of reaching approximately 12 feet in ;height shall be established and provided with drip irrigation. The :species, spacing, planting details and irrigation design shall be subject to staff approval. 5 191 Ar 192 7. The storage area shall be graded to drain and paved with a durable dust -free surface to staff approval. This may be gravel. - 8. No signs may be erected on the site without the -issuance of a sign permit. 9. The existing empty non - conforming empty sign can on the front facade of the building at 825 Petaluma Blvd. shall be removed within 10 days of issuance of this use permit. 10. 11. !� - ti7ree -- foot- �**� orr�rrc�trd�rrg -taro- feet- �- 1�attice-- on- -l.otr- shafl - -be adti�e -to - the- top --crf- -tire- existing -five - foot- -fence- along- weat --rd nrnth -T� lines- bf- tlze- rearporlYOn- of- the -dot.- Resign- strbj;ect -to approvra4 -+r r- tire- Gity- B- tA+diTrg -arnd-- 'bar=ing -staff An eight foot fence to be built along the west and north nronertv lines subiect to staff 12. All required shrubs shall be minimum five - gallon size. 13. All plant material shall be served by a City approved automatic drip irrigation system. 14. 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. 15. This project shall be subject to applicable Flood Fees based on the increase in runoff caused by site development as determined by City of Petaluma standard method. 16. The following conditions of the Fire Marshal shall be complied with: a. Keep weeds and other combustible debris cleared from storage area. b. Provide material and container for spill clean -up on site. C. Provide fire extinguishers as required by the Fire Marshal. d. Post address at or near main entry minimum two (2) inch letters. 17. Front entry area to be screened subject to staff approval. .- 1 L 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 operating characteristics. At such time the Commission may repeal the use permit or add /modify conditions of approval. Pti .:p, t: 193 18. Use Permit to be issued for a period of six months only and to be recalled after six months for Planning, _ Commission review and consideration' for renewal at no cost to applicant 19. Towing storage to be limited to use by Victor's Towing only IV. LEROY BEAN, CHERRY HILL APARTMENTS, PUD, AP NO. 006 - 031 -26, (File 3.365) . 1. Consideration of EIQ. 00 2. Consideration of revision to PUD to allow development of 32 apartment Iq units. ® The public hearing was opened. SPEAKERS: Q Delore's O'Connell - (representative of bank which owns many units in Liberty Meadows) - questions regarding project. Patricia Egstrum - 4 Magnolia - concerns regarding traffic on Magnolia. LeRoy Bean - project architect - described project, answered questions. Emil Nfogel - project engineer Answered questions regarding access easement and maintenance, upkeep in conjunction with Liberty Meadows Homeowner's Association, pedestrian access in creek area. The public hearing was closed. A motion was made by _Commissioner Read and seconded by Commissioner Parkerson to recommend issuance of a Mitigated Negative Declaration for this project based on the following findings: 1, COMMISSIONER BENNETT - AYE COMMISSIONER DAVIS - AYE COMMISSIONER HEAD - AYE COMMISSIONER LIBARLE - ABSENT COMMISSIONER PARKERSON - AYE COMMISSIONER READ - AYE COMMISSIONER TARR - AYE Findings 1. A focused study has been completed addressing traffic impacts and this revealed no significant adverse impacts of this development. 2. The project complies with applicable policies of the General Plan and requirements of the Zoning Ordinance. 3. Adequate storm drainage will be provided in accordance with the standards of the Sonoma County Water Agency. h 194 4. The physical and visual quality of the creek and mature trees on site will be preserved as a condition of the PUD development plan. 5. The architectural design of the development is reasonably attractive and the project is subject to SPARC review for further detailed analysis. 6. Noise mitigation measures will be addressed and incorporated at time of SPARC review. 7. The proposal is an infill project and is consistent with both the existing and proposed General Plans. 8. All other potential negative environmental impacts will be mitigated through conditions placed on the unit development plan. 9. The project will provide additional .needed multi - family housing on the west side per the housing element of the General Plan A motion was made by Commissioner Read and seconded by Commissioner Davis to recommend approval of rezoning to allow a PUD revision for this project based on the following findings and conditions: COMMISSIONER BENNETT - AYE COMMISSIONER DAVIS - AYE COMMISSIONER HEAD - AYE COMMISSIONER LIBARLE - ABSENT COMMISSIONER PARKERSON - AYE COMMISSIONER READ - AYE COMMISSIONER TARR -AYE Findings 1. That the Cherry Hill Apartment Plan, as conditionally approved 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. 2. That the Cherry Hill Apartment PUD District is proposed on .property which has a suitable relationship to Magnolia Avenue, and that said thoroughfare is adequate to carry any additional traffic generated by the development, with the implementation of project related off -site improvements. 3. That the plan for the proposed Cherry Hill Apartment development,, as conditionally approved, presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and /or screening is included to insure compatibility. 4. That the natural and scenic qualities of the site as conditionally approved, are protected with adequate available public and private spaces - designated on the Unit Development Plan. 195 1! Im • 5. That the development of the Cherry Hill Apartment property, in the manner proposed by the applicant and conditionally approved, will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of ,the zoning regulation of the City of Petaluma, with the Petaluma General Plan, and with any applicable Environmental Design Plans adopted by the City. 6. � That the provision of a private street is found to be acceptable in this proj ect . Conditions 1. :Public storm drain and creek improvements shall be subject to the requirements of the Sonoma County Water Agency and the City Engineer. 2. ' grading plans for the development shall be subject to review and approval of SPARC, the Chief Building Inspector and the Community Development and Planning Department, prior to issuance of any development permits. 3. ' Detail of the unit development plans shall be submitted to SPARC for review and approval. Project development plans shall include existing apartment buildings on project site. All conditions of the site design approval shall become conditions of PUD development plan approval. 4. The creek along the northern property line shall be retained in its natural state. All new landscaping within the riparian area shall be of A variety native to the natural growth, approved by Fish and Game and subject to the review and approval of SPARC. 5. Pruning of any mature tree shall be minimized. Existing trees shall be ,:protected during construction by erection of a temporary construction fence at the driplines . Any of the existing trees which die within six months of completion of the phase of the project in which they are located shall be replaced with a 24 -inch boxed tree or equal value of smaller trees; size of tree, species and placement subject to approval of Planning staff. 6. Hours of construction activity on the Cherry Hill Apartment project shall be limited to the hours of 7AM to 6 PM, Monday through Friday (non - holiday). 7. 'Project area lighting shall be designed to minimize effects on nighttime views from within and around the project site. Project area lighting shall be subject to SPARC review and approval. 8. All open space improvements shall be fully developed prior to issuance of the first occupancy permit. 9. The development plan shall include development standards, subject to staff review and approval which shall include, but not be limited to, the following requirements. 9 196 a. Rebuilding and /or replacement of structures, including fencing, shall conform to the Unit Development Plan. b. No storage of recreational vehicles, boat trailers or disabled vehicles is permitted within the PUD. C. No exterior antennas, satellite dish or similar mechanical devices shall be permitted. 10. All existing and proposed utilities traversing the site shall be placed underground. 11. Public utility easements shall be provided to the satisfaction of the agencies/ departments which provide the individual utilities, prior to the issuance of any development permit (i.e. grading /building) . 12. All grading and site preparation shall be done under the direct supervision of the soil engineer. 13. Foundations suited to existing soil conditions shall be designed for all buildings. 14. The developer shall submit a plan for on -going routine parking area cleaning prior to issuance of the first certificate of occupancy and subject to the review and approval of the Public Works Director. 15. Roof cover shall be of fire retardant type for all buildings of the project. 16. School facilities and Park /Recreation Land Improvement Fees shall be paid in accordance with City Ordinances and Resolutions in force at time of ,issuance of _building permits. : 17. Fire protection requirements, subject to review and approval of the Fire Marshal, shall be incorporated into the project, as follows: 1. Install one fire hydrant at planter island in center of project.. 2. All buildings shall be protected by an approved automatic fire alarm system. 3. Provide one (1) A -rated ABC dry chemical fire extinguisher in each apartment near kitchen area. 18. All units shall be provided with a lighted street address, location and design subject to staff review and approval. 19. The project sponsor shall comply with all applicable flood mitigation requirements adopted by the City Council. 20. Trash enclosures shall be provided and designed to conform to all specifications of the City Trash Enclosure Screen Design Standards. Area shall be provided at each trash enclosure for recycling purposes. Location and design shall be subject to SPARC review and approval. 21. A - locked storage area shall be provided for each unit with a minimum area of 15 square feet, subject to SPARC review and approval. 10, 19'7 • J 22. ,Project identification sign shall be subject to SPARC review and approval. 23. Handicap and accessible and adaptable units shall be provided per the Uniform Building Code. , 24. ,Phasing of project development shall be indicated on the PUD development plan, subject to staff approval and shall be limited to no more than 15 units per year. 25. To mitigate the potential noise impacts of commercial operations on !Magnolia Avenue, noise contours shall be developed and mitigating - design features proposed to reduce interior sound level contours to 40 'DBA in habitable rooms, subject to SPARC review and approval. 26. `The following traffic impact mitigation measures shall be incorporated into the project: A. Project shall provide adequate lighting of the area in front of Liberty Meadows Clubhouse, to increase the visibility of pedestrians crossing the access way, subject to SPARC review and approval. .b. A speed hump or undulation shall be provided near the clubhouse pedestrian crossing area to slow vehicles, subject to review and approval of City Engineer. c. Project shall provide delineation of the clubhouse pedestrian crossing area with a different, rougher material such as brickwork to distinguish it, subject to SPARC review and approval. d. Project shall contribute a fair -share portion for off -site improvement costs to complete the widening of Magnolia Avenue to its ultimate width between Liberty Street and Petaluma Boulevard North. Fair share contribution amount shall be based on the project's prorated share of the traffic using said street, subject to review and determination of the City Engineer. 27. I The project sponsor shall be required to pay low and moderate income !housing in -lieu fees of an amount to be determined according to the scheduled established by City Council Resolution No. 84 -199 N.C.S. , or make alternative arrangements to meet the low and moderate income housing provision requirements of the Housing Element subject to Approval of the City. 28. Cross -over easements shall be provided for the emergency access drive across Cherry Village Apartments, subject to review and approval of City staff. 29. Repair of roadway surface between the project site and Cherry Street, shall be completed concurrently with project improvements, subject to review and approval of City staff. 30. !Increased (i.e. no parkin icy access area vement marking, etc. to be 11 198 31. Applicant neowner's Assoc ance and access easements with Lib V. REDWOOD PLAZA, 5310 OLD REDWOOD HIGHWAY, AP NO. 137- 010 -79 (File 1.514) . 1. Consideration of EIQ. 2. Consideration of conditional use permit for 13,000 sq.. ft. shopping center and 2,240 square foot fast food restaurant with drive -thru lane. The public hearing was opened. SPEAKERS: Frank Laz (sp) - 408 Casa Vera Circle; concerns regarding lack of parking, fast food not needed. John Tarlos - Project architect - answered questions regarding parking, driveways; voiced concerns regarding item #6 (2 foot flood level) . Jerry Schwartz - 5656 Old Redwood Highway, Penngrove - concerns regarding impacts. Keith Jones - owner, Petaluma Tire and Brake - Requested continuance; requested traffic study, questioned existing cross - parking easement; where will employees park ?; flooding concerns; did not want fast -food restaurant across from his business. Due to late hour (11:20 PM) , this item was continued to the Planning Commission meeting of April 14, 1987. VI. LAKEVILLE STREET, CITY OF PETALUMA, 11 ENGLISH STREET, AP NO's 007- 171 -18, (File 3.368) . 1. Consideration of EIQ. 2. Consideration of rezoning from M -L, FP -C (Light Industrial, Floodplain Combining) to C -H, FP -C (Highway Commercial, Floodplain Combining) . This item was continued to the Planning Commission Meeting of April 14, 1987. PLANNNING MATTER VII. CITY OF PETALUMA, FINAL DRAFT OF GENERAL PLAN TEXT AND MAPS. Discussion item. A motion was made by Commissioner Read, seconded by Commissioner Bennett to find that the proposed General Plan is in sub_ stantial conformance with the draft General Plan text and map recommended to the City Council by the Planning Commission. 12 199 COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER BENNETT - AYE DAVIS - AYE HEAD - AYE LIBARLE - ABSENT PARKERSON - AYE READ - AYE TARR -AYE VIII. RULES OF ORDER (Continued Item) . 1. Consideration of proposed amendments to Rules and Regulations for the 00 Transaction of Business O This 'item was continued to the Planning Commission Meeting of April 14, ® 1987. , c Q ADJOURNMENT 11,:25 PM. ATTEST: Warren Salmons, Planning Director 1 13