Loading...
HomeMy WebLinkAboutMinutes 05/27/198723Z Minutes are not final until approved by the Planning Comm'iss'ion. PETALUMA PLANNING COMMISSION May 2 1987 REGULAR MEETING Wednesday, 7 :00 p.m. CITY •COU.NCIL CHAMBERS, CITY HALL PETALUMA, CALIF`. g (encourages. q The Plannin Commission applicants r their representative to be o available at the meeting to answer uestions so that no agenda item need be deferred- to a later date due to a lack of pertinent information. PLEDGE' OF ALLEGIANCE T.O. THE FLAG' ROLL CALL COMMISSIONERS 'PRESENT: Bennett., Davis, Libarle, Parkerson,, Read:, Tarr COMMISSIONERS ABSENT: Head. STAFF: Warren Salmons, Planning Director Pamela Tuft:, Principal Planner John Morgan, Assistant Planner APPROVAL 'OF MINUTES:. Minutes of May 12, 1987 were approved with a correction, to page 8. 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 minutesthat the total amount of time allocated s p be allotted s to this agenda item will be 15 There were no speakers.. CORRESPONDENCE Letter regarding Fowler Tentative .Map was :distributed. DIRECTORS REPORT 1987 -88 Budget., Ely /Corona Study, Zoning Ordinance update. COMMISSIONER'S REPORT Commissioner Parkerson congratulated, staff for excellent. General Plan. 1 233 • 1 OLD BUSINESS CONTINUED PUBLIC HEARINGS I. S'TEPHENS WAREHOUSE/ OFFICE BUILDING, 1201 DYNAMIC STREET, AP NO. 007 - 390 -11, (File 2.359) . 1. Consideration of a variance to allow freeway- oriented signs. Continued from May 12, 1987. The public hearing was opened. SPEAKERS: Glen Smith - 2455 Bennett Valley Road, Santa Rosa - Applicant's attorney - Described history of project, CalTrans intervention to allow access from South Point instead of Dynamic; felt variance was warranted. Dick Lieb - 1 Bodega Avenue - Applicant's architect - Described signs, answered questions. The public hearing was closed. A motion was made by Commissioner Davis and seconded by Commissioner Tarr 'to grant a variance request allowing the clock tower as proposed and the building with the owner's name not business name as proposed. COMMISSIONER BENNETT - No COMMISSIONER DAVIS - Yes COMMI °SSIONER HEAD - ABSENT COMMISSIONER LIBARLE - No COMMISSIONER PARKERSON - No COMMISSIONER READ - No COMMISSIONER TARR - Yes Motion, failed. A motion was made by Commissioner Libarle and seconded by Commissioner Bennett to grant a variance to allow signage as submitted with no other signage facing freeway allowed. COMMISSIONER BENNETT - Yes COMMISSIONER DAVIS - Yes COMMISSIONER HEAD - ABSENT COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - No COMMISSIONER READ - No COMMISSIONER TARR - No Motion failed. 2 M 1 A motion was made by Commissioner Parkerson and seconded by Commissioner Read to grant a variance to allow the clock tower only with no other signage facing freeway. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Motion f ailed. BENNETT - No DAVIS - No HEAD - ABSENT LIBARLE - No PARKERSON - Yes READ - Yes TARR - Yes A motion was made by Commissioner Parkerson to deny the variance request per staff's recommendation. Motion died for lack of a second. This item was deemed denied based on Planning Commission Rules of Order which stated that a tie vote constitutes a denial. II. PETALUMA PEOPLE CENTER, 301 PAYRAN STREET, PART OF AP NO. 007 - 031 -04 (File 1.533). 1. Consideration of EIQ. 2. Consideration of conditional use permit amendment to allow enlargement of kitchen and - addition of 3,600 sq.ft. office building. Continued from May 12, 1987. The public hearing was opened. SPEAKERS: Dick Lieb 1 Bodega Avenue - Applicant representative - No problems with any conditions; answered questions. Carrie Brookman - Business owner at Fairgrounds; problems with people sleeping at the Fairgrounds; police patrols should be more frequent. Annabel Wassman - People Services Center - answered questions. The public hearing was closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Davis to direct staff to prepare a Mitigated Negative Declaration based on the following findings: COMMISSIONER BENNETT - ABSTAIN (Financial Conflict) COMMISSIONER DAVIS - Yes COMMISSIONER HEAD - ABSENT COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes 3 235 COMMISSIONER READ - Yes COMMISSIONER TARR - Yes Findings a. The project does not have the potential to degrade the quality of the environment. b. The project, as conditionally approved, does not have the potential to achieve short -term, to the disadvantage of long -term, environmental goals. co Iq 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 Q effects which will cause substantial adverse effects on human beings either directly or indirectly. A motion was made by Commissioner Read and seconded by Commissioner Parkerson to grant the use permit amendment based on the findings and subject to the conditions as follows: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSION -ER COMMISSIONER COMMISSIONER COMMISSIONER Findings 1. The propo the intent Plan / ED P. BENNETT - ABSTAIN DAVIS - Yes HEAD. - ABSENT LIBARLE - Yes PARKERSON - Yes READ - Yes TARR - Yes sed use, subject to the conditions of approval, conforms to and requirements of the Zoning Ordinance and the General 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. Project Specific Conditions 1. All sanitary drainage systems shall be subject to approval of City Engineer and Envirotech prior to issuance of building permits. 2. All conditions of the Fire Marshal shall be met: a. Recommend that an automatic fire detection system be installed throughout both buildings. Detection shall be by both smoke and heat devices with transmission of signal to Communications Center, Petaluma Police Department. 4 236 b. No extension cords. All equipment and appliances to be direct plug-in. C. Post address at or near main entry door - minimum two inch letters. d. Provide metal or flame retardant plastic waste cans. e. Provide exit signs over exit doors. f. Provide fire extinguisher 2A rated ABC dry chemical type as required by the Fire Marshal. 3. All conditions of the Building Inspector shall be met. 4. All pre- existing conditions of the 1983 Use Permit shall remain in force. Applicable Standard Conditions 5. All exterior improvements, landscaping and additions of the project are subject to SPARC review, pursuant to Zoning Ordinance Section 26 -401. 6. No signs may be erected on the site without issuance of a sign permit. 7. There shall be no open storage of equipment, materials, trash, litter, etc. 8. All outdoor mechanical equipment shall be fully screened subject to approval of the Community Development and Planning Department. III. FOWLER, 760 BODEGA AVENUE (4 LOT SUBDIVISION) AP NO. 006 - 480 -21 (File No. 6.798). 1. Continued consideration of EIQ . 2. Continued consideration of Tentative Map. Continued from April 28, 1987. (Commissioners and Libarle listened to tape of April 28 meeting) . The public hearing was closed at the April 28 meeting, however, the following people were permitted to speak: Elia Fowler - applicant - Answered questions; read letter requesting further clarification from the City. Ms. Fogh - Applicant representative - Asked why this project has been delayed. This item was continued to the Planning Commission meeting of June 9 to enable the applicant to meet with staff to clarify several items. 5 237 NEW. BUSINESS Public Hearings IV. DE GRAFFENREID, 19 PARK AVENUE, AP NO. 006 - 221 -32 (File No. 1535) . 1. Consideration of conditional use permit allowing an accessory dwelling. 00 The public hearing was opened. Q SPEAKERS: ® Robert Mennucci - 6 Wallace Court - No objection to project; asked who was responsible for building fence along the rear property line. The public hearing was closed. A 'motion was made by Commissioner Read and seconded by Commissioner Parkerson to grant the use permit subject to the findings and conditions as follows: COMMISSIONER BENNETT - Yes COMMISSIONER DAVIS = Yes COMMISSIONER HEAD - ABSENT COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER TARR - Yes Findings 1. The proposed accessory dwelling use, subject to the conditions which have been attached, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The proposed accessory dwelling, as conditioned, will conform to the requirements and intent, goals and policies of the Petaluma General Plan. 3. The accessory dwelling use, as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. The proposed accessory dwelling shall conform with all requirements of the Uniform Building and Fire Codes. 2. Fencing shall be installed along rear and side property lines to provide a continuous visual screen between the accessory unit and adjacent residences, subject to staff approval. T 238 3. Separate meters shall be installed for gas and electric for the accessory unit, subject to staff review and approval. 4. Existing trees shall remain, and shall be protected during construction activities by temporary fencing at drip lines, subject to staff review and approval. 5. The design of the addition and landscaping shall be subject to SPARC review, with special emphasis on the following: a. Horizontal exterior siding and vertically oriented windows shall be provided in order to relate the proposed unit more closely to the existing unit, subject to staff approval. b. A three foot wide landscaping strip shall be provided along the north (side) property line, extending the full length of the dwelling/garage structure, subject to staff approval. C. The yard area of the proposed unit shall be fully landscaped, subject to staff approval. 6. Construction and any grading for the accessory dwelling shall be such that any stormwater runoff drains onto Park Avenue or into an appropriate storm drain system. 7. Any utility lines (telephone, PG &E, cable, etc.) for the accessory unit shall be underground. 8. This project shall be subject to applicable fees including those for Storm Drainage Impact and School Facilities. V. HARRY MILLS, VACANT LOT ON SOUTH END OF B STREET, AP NO. 008 - 480 -20 (File No. 1.529). 1. Consideration of conditional use permit for residence in commercial office district. The public hearing was opened. SPEAKERS: Brian Webb - 1028 "B" Street - no objections to project. The public hearing was closed. A motion was made by Commissioner Davis and seconded by Commissioner Bennett to grant the use permit based on the findings and subject to the conditions as follows: COMMISSIONER BENNETT - Yes COMMISSIONER DAVIS - Yes COMMISSIONER HEAD - ABSENT C1 239 COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER TARR - Yes Findings 1. The lot in question meets the required conditions under the Zoning Ordinance for residential use in a commercial office district. 2. The site is contiguous to areas slated for residential development. 3. The proposed residence will be subject to site plan and architectural review to insure compatibility with the surroundings. ® Conditions 1. The design of a project including the site plan and the building elevations and the landscaping shall be subject to SPARC approval in accordance with Section 26 -400 of the Zoning Ordinance. All conditions of design approval shall become conditions of the use permit. 2. A landscape plan shall be submitted for SPARC approval. The plan shall depict fence locations and designs and landscaping materials in all VI. SEQUOIA COURT, 1335 - 1379 REDWOOD WAY, AP NO's 137 - 010 -88, 89, 90 (File 6.840) . 1. Consideration of EIQ. 2. Consideration of tentative map for an industrial condominium project. The public hearing was opened. SPEAKERS: Bill White - 1301 Redwood Way - applicant - Answered questions; described front yard areas, with irrigation. 3. SPARC shall pay special attention to the integration of the building with the sloping site so as to avoid excessive cuts or fills. The solution may require stepping the floor plan, an L- shaped driveway, or! placing the garage under the living spaces. 4. Any required frontage improvements or driveway cuts shall be to City standards subject to staff approval. The new driveway shall obtain an excavation permit. 5. The large oak tree on the lot shall be retained. 6. This project shall be subject to applicable fees including those for Storm Drainage Impact, Park & Recreation Land Improvements and School Facilities. VI. SEQUOIA COURT, 1335 - 1379 REDWOOD WAY, AP NO's 137 - 010 -88, 89, 90 (File 6.840) . 1. Consideration of EIQ. 2. Consideration of tentative map for an industrial condominium project. The public hearing was opened. SPEAKERS: Bill White - 1301 Redwood Way - applicant - Answered questions; described /_' truck traffic; questioned school facilities fees; wanted access off of Old Redwood Highway; objections to conditions 1,14,19. The public hearing was closed. A motion was made by Commissioner Parkerson and seconded by Commissioner Read to recommend approval of the tentative map based on the findings and subject to the following conditions as amended: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER BENNETT - Yes DAVIS - Yes HEAD - ABSENT LIB ARLE - Yes PARKERSON - Yes READ Yes TARR - Yes Findings 1. The proposed subdivision, together with provisions for its design and improvement, is consistent with the General Plan. 2. The proposed subdivision is compatible with the objectives, policies, general land uses, and programs specified in said General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements therefore will not cause substantial environmental damage, and no substantial or avoidable injury will occur to fish or wildlife or their habitat. 6. The design of the subdivision and the type of improvements will not cause serious public health problems. 7. The condominium project is suitable and compatible with the existing zoning district and related permitted and /or conditional uses. 8. The condominium project is compatible with surrounding properties and uses. 9. The condominium project will not be detrimental to health, safety and welfare of those persons living and /or working in the neighborhood. 10. The design of the Subdivision and the type of improvements proposed will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Conditions: 6 241 1. The driveway providing direct ingress /egress to Old Redwood Highway shall be eliminated and the non - access easement reinstated per existing subdivision map. - --- T`4rese­- properties-- shaH- part°icigate- -cn -a- -fair - share- ba is- -in --ar - future ftznr ling- -me chanisrrr,--(- su- ch -as - an- -ass°essment- rkstrict3- for - improvements tv- tire- itrtcyt- change - with- ikghwaq- �$ 1- at- O}d- �tec�weod- -Hrghroray-, �re�ation ef- an- i�rter�- image- rovith -i i Yrwaq- 3f}i- at- F,va-ozra- Road- ,- vr4for- mY&jor-fiood mittga�Ton- meastrres�tad�a-ltrrna- Rimer- drainagt- area 2. Applicant shall participate on a fair share basis in any future W assessment districts or other funding mechanisms formed to improve Iq areawide flooding, traffic congestion or other subregional problems for which development of this property is found to be a contributing factor. Major Capital Facilities Fees, if found to be different from said ® funding mechanisms, shall also be applicable in an amount to be :determined by the City Council prior to final map approval, payable at time of final map or pursuant to adopted regulations 3. 4: The applicant shall comply with all applicable flood mitigation I equirements adopted by the City Council as contained in Zoning Ordinance Article 16 and Municipal Code, Chapter 17.30 "Storm Drainage Impact Fee." All improvements and grading shall comply with the Sonoma County Water Agency's Design Criteria. 4, 5- All finished floor elevations shall be above base flood elevation pursuant to Council policy at time of building permit issuance. Each finished floor elevation shall be certified as to its conformance to current policy or ordinance to the satisfaction of the Chief Building Inspector prior to building occupancy. b: - -- ' fre-- graject- rs- s- nb7ect�- Major-- Gapitvi- �'�cili4ies Fees, - i �iiffcrerzt -from those -fees - required - dry- Eorn}i4icros- #Z- an-d- --3--aboroe; - in -an- amount - ter -- be determined -iry- tine- Eitp- Fvun -cii prior - ta- firral -malr -app rova4-- paq-abie -at time -af- final; - nraTrbr-p�rrsuant -ta- adopted- regtrlaticma. 5. 7 - Buildings constructed on this project site are subject to Community .Facilities Development Fees, payable at time of issuance of building permits. 6. 87 Public utility access and easement locations and widths shall be subject to approval by PG &E, Pacific Bell, SCWA and all other applicable utility and service companies, and the City Engineer and shall be shown on the final map as necessary. 7. 9 - 'Construction activities shall comply with applicable zoning ordinance and municipal code performance standards (noise, dust, odor, etc.) . 8. 19- In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action'. The local Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. 10 242 9.117 Conditions of the original tentative map involving this site shall remain in effect. 10.127 All walls within 20 feet of a property line shall be one -hour rated. 11.13.- Revised tentative map correcting remaining minor deficiencies shall be submitted prior to scheduling for Council consideration of this project. 12.1.4- Applicant shall be responsible for cost- sharing of installation of Redwood Highway median barrier. The design of said barriers, fair share contribution (shared with Redwood Business Park II) , and timing of installation of barriers is subject to approval by the City Engineer and Planning Director. 13.157 The applicant shall agree to maintain all landscaping abutting their site within the Old Redwood Highway and Redwood Way public right -of -ways and shall further agree to participate in an assessment district or other funding mechanism toward maintenance on a fair -share basis for landscaping that may be installed in the median island. 14.167 CC &R's shall be subject to staff review and approval, prior to final map approval. 15.177 Separation of utilities shall be as required by the Chief Building Inspector. 16.18.- Applicable school facilities fees shall be collected. 17. 197 The concerns of the City Engineer, as reflected in the attached letter, shall be addressed prior to final map approval. VII. PAYRAN PLAZA, SE CORNER OF PETALUMA BLVD. NORTH /WEST PAYRAN STREET, AP NO. 006 - 051 -77, (File 1.526) . 1. Consideration of EIQ. 2. Consideration of a conditional use permit to allow creation of shopping center with 14,700 sq.ft. of shops /office. The public hearing was opened. SPEAKERS: This was a joint public hearing with Item No. VIII. Dick Lieb - applicant representative - described project; concerns regarding Payran Plaza Condition No. 20 if drive -in project delayed; condition No. 21 for Sonic - does not want easement, wants no parking on Payran Plaza site. Mike Coleman - President Northern California Drive -Ins - Answered 11 243 1 questions regarding service and length of stay at drive -in; pedestrian business. Victor DeCarli - 843 -849 Petaluma Blvd. - In favor or project; prefers total project at one time; hours of operation? The public hearing was closed. A motion was made by Commissioner Davis Bennett to approve a negative declaration Shopping Center per the following findings: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Findings BENNETT - Yes DAVIS - Yes HEAD - ABSENT LIBARLE - Yes PARKERSON - Yes READ - Yes Tarr - Yes and seconded by Commissioner for the proposed Payran Plaza 1. Due to the unvegetated 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. i 2. 'The project, as conditionally approved does not have the potential to 'achieve short -term, to the disadvantage of long -term, environmental goals . 3. ,Additional phased development requires separate land use permit review; therefore this phase of development as conditionally approved 'does not have impacts which are individually limited, but cumulatively considerable. 4. The project, as conditionally approved, does not have environmental effects which will cause substantial adverse effects on human beings either directly or indirectly. A motion was made by Commissioner Bennett and seconded by Commissioner Read to grant a use permit for Payran Plaza Shopping Center based on the following findings and subject to the following conditions as amended: COMMISSIONER BENNETT - Yes COMMISSIONER DAVIS - Yes COMMISSIONER HEAD - ABSENT COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes 12 OE COMMISSIONER Tarr - Yes Findings for the Use Permit 1. The proposed use, subject to the conditions of approval conforms to the intent and requirements of the Zoning Ordinance, and the General Plan. 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 for Payran Plaza Shopping Center 1. The use permit for the shopping center does not include automatic approval for other or future uses which 'are not permitted uses within the underlying zoning district including fast food restaurants. Conditional uses as specified by the Zoning Ordinance for this district shall obtain a use permit prior commencement of the use. 2. Site plan shall be modified to retain parking on the north side of the entrance to the Argus Courier driveway with an agreement developed with the adjoining property owner to narrow that driveway to no more than 27 feet and secure an access easement over it for the benefit of Payran Plaza. The objective is to retain needed off - street parking in the area, to narrow the driveway, and to provide an opportunity for additional landscaping. Site plan shall be adjusted to accommodate this change in circulation. 3. The buildings, landscaping, parking and driveway arrangements shall be subject to review and approval by the Site Plan and Architectural Review Committee prior to issuance of building permits. SPARC consideration should focus upon architectural design quality, especially for the buildings with very prominent corner locations, and adequacy of landscaping. 4. Joint access easements shall be provided over the interior property lines between this project and the drive -in site to staff satisfaction prior to issuance of building permits. 5. Landscape screening shall be provided around all trash enclosures and around all buildings. 6. Street trees in holes saw -cut behind the curb shall be provided along the frontage of the property. Placement, spacing, species selection and planting details subject to City staff approval. Sidewalk shall be such as to provide a minimum of six feet between street trees and inside edge of sidewalk. 7. A master sign program for this shopping center shall be developed and approved by SPARC . Any free standing sign shall be of the 5 -foot maximum height monument type. 8. All requirements of the Fire Marshal shall be met. 13 W RR 9. All unused driveways shall be made over with curb, gutter and sidewalk to staff approval. 10. All grading shall conform to Sonoma County Water Agency design criteria. 11. The applicants shall agree to maintain all landscaping abutting their sites which may be within public right -of -way. 12. All property owners shall participate in Assessment District(s) mitigation fees or other funding mechanisms which may be formed or Go I required by the City for design review, formation, construction and /or NI ,maintenance of major flood mitigation and traffic circulation projects ® that affect or are affected by' this project site. This project's ultimate ® -fair share responsibility toward these improvements shall be determined 'by the City Council. The project sponsor shall post with the City a cash bond in the amount of $15, 000 per acre until such time as the Council determine said fee unless the City Attorney deems that this ' condition can not legally be applied at this time 13. Buildings constructed by this project are subject to community facilities development fees payable at the time of issuance of building permits. 14. This project shall be subject to payment of storm drainage impact fees per Municipal Code Chapter 17.30. 15. Construction and on -going activities shall comply with applicable ;Ordinance and Municipal Code performance standards (noise, dust, .odor, etc.) 16. 'In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend 'future action. The local Indian community shall also be notified and consulted in the event any Indian archaeological remains are uncovered. 17. The height of planted shrubbery along the streets near driveways should be kept to two feet or less for dense plantings otherwise high branching trees should be used in the critical site line areas. 18. The requirements of the Police Department shall be satisfied with regard to the site plan and operation of facilities at the site. 19. The following mitigations suggested by the traffic consultant become conditions of this use permit: a) Both driveways along Petaluma Blvd, shall include curb radii of 20 ft. minimum. The objective is to permit vehicles turning right into driveway to make the turn at a higher speed and thereby reduce the delay to following traffic. 14 246 b) A two -way left turn lane shall be striped in the area of the western most driveway to the projects from Payran Street. The cost of the street striping shall be borne by the project applicants. Truck access to these projects shall be permitted only from the West Payran Street Driveway and appropriate signing identifying that truck access route shall be posted subject to staff approval. 20. In the event that this project is built independent of the proposed Sonic drive -in, this project will be required to complete all site work on the joint plan up to the rear of the parking spaces on the south side of the drive -in and up to the property line on the east side of the drive -in. This project would also be responsible in that case to provide street trees in the frontage of the corner lot it wraps around, if not provided by drive -in within one year from date of completion of this project to staff approval. 21. Employees of this shopping center shall not be required to park off-site. 22. As proposed by applicant, because of parking ratio on site, no medical offices shall be established in this shopping center. 23. All utilities shall be undergrounded as required per Municipal Code 14.36. 24. All requirements of the Fire Marshal shall be met. 25. This use permit may be recalled for review by the Planning Commission at any time VIII. SONIC DRIVE -IN, 860 PETALUMA BLVD. NO., AP NO. 006 - 051 -76, ( File 1.531) . 1. Consideration of EIQ. 2. Consideration of a conditional use permit to allow creation of a 20 -bay drive -in restaurant. (The public hearing for this project was held in conjunction with the public hearing for the above shopping center project - the speakers are the same. ) A motion was made by Commissioner Libarle and seconded by Commissioner Davis to approve a negative declaration for the proposed Sonic Drive -In based on the following findings: COMMISSIONER BENNETT - Yes COMMISSIONER DAVIS - Yes COMMISSIONER HEAD - ABSENT COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER Tarr - Yes 15 247 Findings 1. Due to the unvegetated 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. co 2. The project, as conditionally approved does not have the potential to NT achieve short -term, to the disadvantage of long -term, environmental Q goals. ® 3. Additional phased development requires separate land use permit review; therefore this phase of development as conditionally approved Q does not have impacts which are individually limited, but cumulatively considerable. 4. The project, as conditionally approved, does not have environmental effects which will cause substantial adverse effects on human beings either directly or indirectly. A motion was made by Commissioner Libarle and seconded by Commissioner Bennett to grant a use permit for the proposed Sonic Drive -In based on the findings and subject to the conditions listed in the staff report as amended: COMMISSIONER BENNETT - Yes COMMISSIONER DAVIS - Yes COMMISSIONER HEAD - ABSENT COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER Tarr - Yes Findings for the Use Permit (with concerns regarding traffic on Payran) 1. The proposed use, subject to the conditions of approval conforms to the intent and requirements of the Zoning Ordinance, and the General Plan. 2. These projects 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 for Use Permit 1. There shall be no encouragement of walk -up business to the drive -in such as a separate window for walk -up orders. 16 ar 2. Because of the specialized design of the drive -in facility building, proposed future changes in uses of this building shall be subject to a conditional use permit. 3. The buildings, landscaping, parking and driveway arrangements shall be subject to review and approval by the Site Plan and Architectural Review Committee prior to issuance of building permits. SPARC consideration should focus upon architectural design quality, especially for the building with a very prominent corner location, and adequacy of landscaping. 4. Joint access easements shall be provided over the interior property lines between this site and the adjoining lot to staff satisfaction prior to issuance of building permits. 5. Landscape screening shall be provided around the trash enclosure and around the building. 6. Street trees in holes saw -cut behind the curb shall be provided along the frontage of the property. Placement, spacing, species selection and planting details subject to City staff approval. Sidewalk width shall be a minimum of six feet between trees and inside edge of sidewalk. 7. A master sign program for this drive -in restaurant shall be developed and approved by SPARC. For the purposes of signing, this lot and the adjacent one shall be treated as one shopping center. Any free standing sign shall be of the 5 -foot maximum height monument type. 8. All requirements of the Fire Marshal shall be .met. 9. All unused driveways shall 'be made over with curb, gutter and sidewalk to staff approval. 10. All grading shall conform to Sonoma County Water Agency design criteria. 11. The applicants shall agree to maintain all landscaping abutting their sites which may be within public right -of -way. 12. All property owners shall participate in Assessment District(s) mitigation fees or other funding mechanisms which may be formed or required by- the City for design, review, formation, construction and /or maintenance of major flood mitigation and traffic circulation projects that effect or are effected by this project site. This project's ultimate fair share responsibility toward these improvements shall be determined by the City Council. The project sponsor shall post with the City a cash bond in the amount of 15, 000 per acre until such time as the Council determine said fee unless the City Attorney deems that this condition can not legally be aDDlied at this time 13. Buildings constructed by this project are subject to community facilities development fees payable at the time of issuance of building permits. !N7 249 14. This project shall be subject to payment of storm drainage impact fees per Municipal Code Chapter 17.30. 15. Construction and on -going activities shall comply with applicable Ordinance and Municipal Code performance standards (noise, dust, odor, etc.) a) The driveway along Petaluma Blvd. shall include curb radii- of 20 ft. minimum. The objective is to permit vehicles turning right into driveway to make the turn at a higher speed and thereby reduce the delay to following traffic. b) A two -way left turn lane shall be striped in the area of the western most driveway to the project from Payran Street. The cost of the street striping shall be borne by the project applicants. Truck access to this project shall be permitted only from the West Payran Street driveway and appropriate signing identifying that truck access route shall be posted subject to staff approval. 20. In the event that this project is built independent of the proposed Payran Plaza Shopping Center, this project will be required to complete all site work on the joint plan up to the rear of the parking on the north side of building #1 of the proposed Payran Plaza and up to the rear of the west side of building #3 of Payran Plaza. 21. Employees of this drive -in shall be provided an ' easement for parking of 5 cars on the site of Payran Plaza Shopping Center and shall not be required to park -off site. An alternate parking arrangement to lease off -site parking may be substituted for parking on Payran Plaza, subiect to satisfaction of staff. 22. All utilities shall be undergrounded as required per Municipal Code Section 14.36. 23. All requirements of the Fire Marshal shall be met. 18 16. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Indian community shall also be notified and Go consulted in the event any Indian archaeological remains are uncovered. ® 17. The height of planted shrubbery along the streets near driveways should be kept to two feet or less for dense plantings otherwise high co branching trees should be used in the critical site line areas. 18. The requirements of the Police Department shall be satisfied with regard to the site plan and operation of facilities at the site. 19. The following mitigations suggested by the traffic consultant become conditions of this use permit: a) The driveway along Petaluma Blvd. shall include curb radii- of 20 ft. minimum. The objective is to permit vehicles turning right into driveway to make the turn at a higher speed and thereby reduce the delay to following traffic. b) A two -way left turn lane shall be striped in the area of the western most driveway to the project from Payran Street. The cost of the street striping shall be borne by the project applicants. Truck access to this project shall be permitted only from the West Payran Street driveway and appropriate signing identifying that truck access route shall be posted subject to staff approval. 20. In the event that this project is built independent of the proposed Payran Plaza Shopping Center, this project will be required to complete all site work on the joint plan up to the rear of the parking on the north side of building #1 of the proposed Payran Plaza and up to the rear of the west side of building #3 of Payran Plaza. 21. Employees of this drive -in shall be provided an ' easement for parking of 5 cars on the site of Payran Plaza Shopping Center and shall not be required to park -off site. An alternate parking arrangement to lease off -site parking may be substituted for parking on Payran Plaza, subiect to satisfaction of staff. 22. All utilities shall be undergrounded as required per Municipal Code Section 14.36. 23. All requirements of the Fire Marshal shall be met. 18 M , 24. This project shall be responsible for installation of several trees in the concrete median island in Petaluma Boulevard North in front of the project site if space can be found avoiding underground utilities and to guarantee maintenance of same for a minimum three year break -in period. 25. Litter control program to be established to satisfaction of staff 26. Use permit may be recalled by Planning Commission for review at any time. IX. U -HAUL, SOUTHEAST CORNER OF LAKEVILLE HWY. AND PETROLEUM AVENUE, AP NO's 005 - 050 -05, 20, 21 (File No. 1.534) . 1. Consideration of EIQ. 2. Consideration of conditional use permit to allow creation of a vehicle and equipment rental center and associated sales and service on an approximately 5.5 acre site. The public hearing was opened. SPEAKERS: Jerry Tierney - AIA - answered questions; described parking, security; need for driveway on Lakeville; noise generation. Dan Bennett - President U -Haul (S.F.) - answered questions, described project. Gene Rhodes - U -Haul land consultant - must have at least entrance only on Lakeville. A motion was made by Commissioner Libarle and seconded by Commissioner Read to direct Planning staff to prepare and post a negative declaration based on the following findings: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Findings BENNETT - Yes DAVIS - Yes HEAD - ABSENT L.IBARLE - Yes PARKERSON --Yes READ - Yes TARR - Yes 1. The project as conditionally approved does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of .fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten or eliminate a plane 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. 19 251 2. The project as conditionally approved does not have the potential to achieve short -term environmental goals to the disadvantage of long -term environmental goals. 3. The project, as conditionally approved, does not have possible environmental effects which are individually limited but cumulatively considerable. 4. The environmental effects of this project, as conditionally approved, will not cause substantial adverse effects on human beings, either directly or indirectly. 5. A traffic analysis report was prepared which determined that with signalization of the Lakeville Highway and Petroleum Avenue ® intersection and planned, improvements to Lakeville and Petroleum, the traffic impacts from the proposed project would be mitigated. 6. Traffic related noise impacts from the signalization and additional traffic generated by this project will be mitigated by the construction of a sound barrier in the area of the Lakeville Highway and Petroleum Avenue intersection. Noise from the site to adjacent residential uses Will be mitigated by a required sound wall. 7. Fueling, waste handling and washing facilities will be subject to review a nd approval by the City Engineer and Fire Marshal. A motion was made by Commissioner Libarle and seconded by Commissioner Read ;to grant the use permit based on the following findings and conditions as amended: COMMISSIONER BENNETT - Yes COMMISSIONER DAVIS - Yes COMMISSIONER HEAD - ABSENT COMMISSIONER LIBARLE - Yes COMMISSIONER PARKERSON - No COMMISSIONER READ - Yes COMMISSIONER TARR - Yes (because of Lakeville access) Findings 1. The proposed use subject to the following conditions will conform to the intent of the zoning ordinance and policies of the General Plan. 2. The proposed use subject to the following conditions will not constitute a nuisance or be a detrimental to the public welfare of the community. Conditions 1. The U -Haul Rental Center shall comprise the following: Site plan in substantial conformance with the one reviewed, stamped received by the City Planning Department April 10, 1987, including a 7000 square foot sales and rental building and a 7000 square foot service building and parking, landscaping, and 20 252 circulation as shown except as modified elsewhere in these conditions of approval. 2. The approved uses of the center shall be: Rental of: motorhome and travel trailers homeowner equipment contractor equipment trucks., trailers, cars: and vans audio - video: equipment and movies auto transports and tow dollies Sales of: boxes and .packing aids hardware (only as ancillary to approved uses) petroleum products trailer hitches (with installation /repair) Services: holding tank sewage disposal RV service and repair - RV definition includes: motorhomes, travel trailers, boats Service of U -Haul equipment vehicles 3. Additional uses not herein specifically listed shall be considered as expansions of this use permit, and subject to procedures of review and approval as set out in Zoning Ordinance, Section 26 -500, for use permit revision. 4. This project shall contribute on a fair share basis for the signalization of the intersection of Petroleum Avenue and Lakeville Highway. 5. The project shall participate in the Lakeville Highway Assessment District which is presently being proposed by the City of Petaluma. 6. All Lakeville Highway street frontage improvements shall be constructed in conformance with the requirements of the City Engineer and CalTrans. 7. The project shall dedicate any right -of -way or easements which may be required for the Lakeville Highway improvement or the improvement of Petroleum Avenue to the satisfaction of City staff. If right -of -way is required from the small properties on Petroleum, the City will, if need be, undertake condemnation and the project shall pay the cost of acquisition. 8. The project shall design and install street improvements on Petroleum Avenue between the railroad tracks and Lakeville Highway including the three parcels surrounded by the project site subject to the approval of the City Engineer. The project sponsor may wish to petition the City Council for a payback agreement with respect to said improvements. 9---- T'4rere - -s &H- be- rro--ac� -tv- t he- gro?ect -s7te- via- Ealcevifl -e- way. - --Pr14 access- sha�Pt���om- Petrele2rm- f,-vezrexe- 9.9a: One access from Lakeville Highway shall be allowed, with right -in turning movement only. Deceleration lane shall be provided if deemed 21 253 necessary by CalTrans. Such a drive shall be angled to discourage exiting and appropriate signing shall be provided, to approval of City Engineer and CalTrans. 10. The project is subject to SPARC approval. Said approval shall particularly focus on the following: a. Building architecture colors and exterior materials 12. 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. 13. Design and installation of the drainage for the wash rack area and Waste station shall be subject to specific approval of the City Engineer. 14. A sound fence, a minimum of six feet• in height measured from the nearest adjacent parking/ circulation area of the project shall be constructed around the three small lots fronting on Petroleum Avenue which the project site surrounds, design to staff review and approval. 15. All on and off site drainage and, grading related to the project shall be subject to review and approval of the City Engineer and Sonoma County Water Agency. 16. Any use of the "future expansion area" depicted on the plan, date stamped April 10, 1987 shall be subject to a use permit revision. 17. The three parcels of land which comprise the project site shall be merged prior to issuance of a grading or building permit. 18. Development of this project shall result in zero net water displacement based on FEMA generated hydrologic and hydraulic information for a projected 100 -year flood event plus qualified analysis supplied by the applicant and confirmed by the City Engineer and SCWA. 22 b. Display areas c;. Frontage landscaping GO d. Parking area surface and curbing e. Parking and circulation dimensions q ;T f. Site fencing/ screening 0 g. Landscaping around buildings ® CO All conditions of SPARC approval shall become conditions of this Conditional Use Permit. 11. No outdoor storage of equipment, goods for sale or rent, dismantled or inoperative vehicles, or other material shall occur on the Lakeville Highway side of the gates as shown on the plan, date stamped April 10, 1987 except, equipment for rent, which may be displayed in the three designated display areas. Said areas shall be no higher than A" above the adjacent top of street curb. 12. 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. 13. Design and installation of the drainage for the wash rack area and Waste station shall be subject to specific approval of the City Engineer. 14. A sound fence, a minimum of six feet• in height measured from the nearest adjacent parking/ circulation area of the project shall be constructed around the three small lots fronting on Petroleum Avenue which the project site surrounds, design to staff review and approval. 15. All on and off site drainage and, grading related to the project shall be subject to review and approval of the City Engineer and Sonoma County Water Agency. 16. Any use of the "future expansion area" depicted on the plan, date stamped April 10, 1987 shall be subject to a use permit revision. 17. The three parcels of land which comprise the project site shall be merged prior to issuance of a grading or building permit. 18. Development of this project shall result in zero net water displacement based on FEMA generated hydrologic and hydraulic information for a projected 100 -year flood event plus qualified analysis supplied by the applicant and confirmed by the City Engineer and SCWA. 22 254 19. All finished floor elevations in the floodplain portion of the site shall be at least twenty -four inches (24 ") above the base flood elevation pursuant to Council policy. Each finished floor elevation shall be certified as to its conformance to current policy or ordinance to the satisfaction of the Chief Building Inspector prior to building occupancy. 20. All utility lines on or traversing the site shall be undergrounded. 21. A sign program for the project shall be developed prior to issuance of a building permit. Signing shall conform to City Sign Ordinance and shall be subject to approval by SPARC. No signs are approved with this Use Permit. Any Lakeville Highway freestanding sign shall be monument style, maximum 7' above nearest street pavement level. 22. Design of fences or gates to secure the site shall be subject to SPARC review and approval. 23. Future expansion area shall be separated from parking area with continuous 6" concrete curb or the area shall be completely paved and a minimum 10' landscape strip installed at time of initial project development, around complete perimeter, specific landscape treatment subject to SPARC approval. 24. The applicant shall agree to install and maintain all landscaping abutting their site which may be within the Lakeville Highway public right -of -way . 25. Buildings constructed by this project are subject to Community Facilities Development fees, payable at time of issuance of building permits. 26.. This project shall be subject to payment of storm drainage impact fees per Municipal Code Chapter 17.30. 27. All properties shall participate in Assessment District(s) mitigation fees or other funding mechanism which may be formed or required by the City for design review, formation, construction and /or maintenance of major flood mitigation and traffic circulation projects that affect or are affected by this project site. This project's ultimate fair share responsibility toward these improvements shall be determined by the City Council. The project sponsor shall post with the City a cash bond in the amount of $15,000 per acre until such time as the Council determines said fee unless the City Attorney deems that this condition can not legally be ar)nlied at this time. 28. This project shall be subject to any applicable school district impact fees at the time of issuance of building permits. PLANNING MATTERS X. APPOINTMENT OF COMMISSIONERS TO SERVE ON ZONING ORDINANCE UPDATE COUNCIL/ COMMISSION SUBCOMMITTEE. 23 255 Commissioner Read volunteered - this item was continued to the agenda of June 9, 1987. XI. RULES OF ORDER 1. Continued consideration of proposed amendments to Rules and Regulations for the Transaction of Business Continued from May 12, 1987. co This item was continued to the agenda of June 9, 1987. ® ADJOURNMENT 11:20 PM. Attest`: Warren Salmons, Planning Director 24