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HomeMy WebLinkAboutMinutes 11/27/1987�I F PETALUMA PLANNING COMMISSION November 24, 1987 REGULAR MEETING Tuesday, 7 :00 p.m. CITY COUNCIL CHAMBERS, CITY HALL PETALUMA, CALIF. O PLEDGE OF ALLEGIANCE TO THE FLAG ® ROLL CALL Q COMMISSIONERS PRESENT: Bennett, Doyle, Libarle, Parkerson, Read, Sobel COMMISSIONERS ABSENT: Tarr STAFF: Warren Salmons, Planning Director Pamela Tuft, Principal Planner Jenny Cavanagh, Planning Technician APPROVAL OF MINUTES Minutes of November 10, 1987 will be reviewed at the meeting of December 8, 1987. PUBLIC COMMENT None. COMMISSIONER COMMENT None. COMMISSIONER REPORT Commissoiner Read requested further discussion of growth management. CORRESPONDENCE: Two letters regarding this agenda were distributed. DIRECTOR'S REPORT: There will be no second meeting in December. Growth Management meeting December 2. Corona /Ely meeting December 3. Day care operators group meeting December 10. Zoning Ordinance Subcommittee December 9. READING OF APPEAL RIGHTS NEW BUSINESS PUBLIC HEARINGS I. TOM STODDARD, 5 &7 COCHRANE WAY, AP NO. 008 - 461 -29 (File No. 1.554). 1 370 1. Consideration of EIQ . 2. Consideration of variance to allow a parcel map. 3. Consideration of conditional use permit to allow an accessory dwelling at 7 Cochrane Way. The public hearing was opened. SPEAKERS: None. The public hearing was closed. A motion was made by Commissioner Read and seconded by Commissioner Parkerson to grant a variance based on the following findings: COMMISSIONER BENNETT - Yes COMMISSIONER DOYLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER SOBEL - Yes COMMISSIONER TARR - Absent COMMISSIONER LIBARLE - Yes Findings 1. There is a peculiar and unusual condition inherent in the property in question sufficient to cause a hardship in that the property is approximately twice as large as any other lot on the street and has had, since long before the Zoning Ordinance came in place, six dwelling units on it, a land use that has become existing, non - conforming since the adoption of the Zoning Ordinance. 2. A hardship peculiar to the property and not created by any act of the owner exists in that the aforementioned lot size and land use were established long before the applicant owned the property. 3. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in this same zoning district and in the vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors in that all other lots on Cochrane Way are substantially smaller than the lot in question, and that the significant non - conformity of the land use on this site (six units versus single - family district) renders difficult for the owner the securing of normal financing or insurance for the property in question which are available to conforming neighboring properties. 4. The granting of such variance shall not be of substantial detriment to adjacent property and will not materially impair the purposes of this ordinance or the public interest in that with this variance and parcel map no additional dwelling units or change of use are authorized or contemplated and this change will bring one of the resulting lots into full conformance with the Zoning Ordinance and will lower the threshold whereby the non - conforming use on the remaining lot could be phased into conformance. F, W • [ 1 �1 A motion was made by Commissioner Sobel and seconded by Commissioner Parkerson to approve the proposed two lot parcel map and to grant a conditional use permit for the existing accessory dwelling at 7 Cochrane Way, subject to the following findings and conditions: COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER BENNETT - Yes DOYLE - Yes PARKERSON - Yes READ - Yes SOBEL - Yes TARR - Absent LIBARLE - Yes Finding for Parcel Map 1. The proposed parcel map will bring the existing residences more into conformance with the Zoning Ordinance and General Plan. Condition for Parcel Map 1. Prior to recordation of the map, a reciprocal cross - over /access , easement, to staff approval, shall be executed between the lots to be created by the parcel map. Findings for Use Permit 1. , The existing accessory dwelling meets the intent and criteria of the Petaluma Zoning Ordinance and General Plan. 2. The existing accessory dwelling has not posed a nuisance or been a detriment to the health, safety and welfare of the community. Conditions for Use Permit: 1. Two covered and two uncovered parking spaces shall be established on the proposed lot at 7 Cochrane Way. 2. The new carport and parking, any modifications to the existing house, fencing and landscaping shall be subject to Administrative SPARC review. In his review, the Zoning Administrator shall pay special attention to provision of necessary privacy to neighbors, condition of the exterior of the existing building, and adequacy of the existing public -area landscaping. 3. Building Survey of the existing units shall be conducted and any Housing Code (Health and Safety) problems shall be corrected prior to recording of Parcel Map. 4. Use Permit at #7 Cochrane Way shall only be valid after recordation of the proposed Parcel Map. II. SONOMA JOE's , 5151 OLD REDWOOD HIGHWAY, AP NO. 007 - 421 -16, (File 1.559) . 3 .a 372 1. Consideration of conditional use permit to allow up to ten amusement games. The public hearing was opened. SPEAKERS: Wes McCoy - 615 Petaluma Blvd. S., applicant answered questions regarding placement of amusement games. Robin Montero - 5151 Redwood Highway - applicant - answered questions regarding operation of addition amusement games. The public hearing was closed. A motion was made by Commissioner Sobel and seconded by Commissioner Doyle to grant a conditional use permit for up to ten amusement games based on the amended findings and conditions as follows: COMMISSIONER BENNETT - Yes COMMISSIONER DOYLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER SOBEL - Yes COMMISSIONER TARR - Absent COMMISSIONER LIBARLE - Yes Findings 1. The proposed use, conforms to the requirements and intent of the Petaluma Zoning Ordinance and General Plan. 2. The proposed use, as conditioned, will not under any circumstances constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. The amusement games shall be an ancillary use to the restaurant /bar and shall be reserved for persons eating or drinking at the restaurant or employees of the restaurant. 2. This use permit may be recalled to the Planning Commission at any time due to complaints regarding noise generation or other operating characteristics. At such time, the Commission may repeal the use permit or add modified conditions of approval. This use permit to run with the cu applica and be recalled upon change of ownership. 3. Amusement games which are classified as "adult entertainment" (under the definitions and interpretations set forth in Section 21 -410 of the Zoning Ordinance) shall not be allowed to be installed at this location. 4 Mw . = 373 III. NORTH BAY PERFORMING ARTS, 615 SECOND STREET, AP NO. (Part of 008 - 194 -30) , (File 1.558) . 1. Consideration of EIQ. 2. Consideration of Conditional Use Permit to allow dance /performing arts studio. The public hearing was opened. SPEAKERS: 00 Walter Hoake - applicant - answered questions regarding development plans Iq for 'improvements of the building. Would like to see the area declared an O historic district. ® James Campbell - 110 Howard - Dance studio owner; concerns regarding restriction of number of students to 45. The public hearing was closed. A motion was made by Commissioner Doyle and seconded by Commissioner Parkerson to direct staff to prepare a negative declaration based on the following findings: COMMISSIONER.BENNETT - Yes COMMISSIONER DOYLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER SOBEL - Yes COMMISSIONER TARR - Absent COMMISSIONER LIBARLE - Yes Findings: a. Due to the developed nature of the existing site, the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause 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 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. 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 Parkerson and seconded by Commissioner Read to approve a use permit based on the findings and subject to the conditions as follows: 'S 374 COMMISSIONER BENNETT - Yes COMMISSIONER DOYLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER SOBEL - Yes COMMISSIONER TARR - Absent COMMISSIONER LIBARLE - Yes Findings 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. r--,4;+;__ - . 1. All requirements of the building division shall be met: a. Must comply with A -3 occupancy requirements. 2. All requirements of the Fire Marshal shall be met: a. No extension cords. All equipment and appliances to ' be direct plug in. b. Provide metal or flame retardant plastic waste cans. C. Post address at or near main entry door - minimum two inch letters. d. Provide fire extinguisher 2A rated ABC dry chemical type as required by the Fire Marshal. e. Permit required from Fire Marshal's Office for sprinkler system alteration prior to work being started. Two sets of plans are required. " 3. A total of 56 parking spaces, meeting all City Standards, shall be provided. A cash bond may be posted by the applicant to postpone installation of the parking facilities for a period not to exceed four months. If this option is chosen, the bond shall be posted prior to issuance of a building permit for tenant improvements for North Bay Performing Arts. 4. The total number of students shall not exceed 45 at any one time. 5. There shall be no outdoor storage of materials or equipment unless screened from view to staff satisfaction. Existing outdoor storage shall be removed or screened from view to staff approval prior to occupancy of building by Northbay Performing Arts. I 375 6. Broken windows along "H" Street shall be replaced prior to occupancy of building by Northbay Performing Arts. I. 7. The required parking lot shall be subject to SPARC review with special ,emphasis on the following: 9 a. Existing parking lot shall be replaced as part of the parking expansion. All. parking areas shall meet City Standards including perimeter landscaping, curbing, etc. b. Any future or existing dumpsters shall be provided with (a) trash enclosure(s) meeting all City Standards. Design and 0 location of trash enclosure (s) shall be shown on plans. 8. Any facade changes shall be subject to SPARC or Administrative O SPARC review to be determined by the Planning Director. co 9. No signs shall be erected on the site without issuance of a sign Q permit. Permits shall be obtained, or evidence of existing permits 'demonstrated, for all existing signs on the site within six months of ,approval of this use permit. 10. This use permit may be recalled to the Planning Commission at any time due to complaints regarding noise generation or other operating characteristics. At such time, the Commission may repeal the use 11 or add modified conditions of approval. r� IV. . "CINERAMA THEATERS, INC., NO. MCDOWELL BLVD. SOUTH OF OLD REDWOOD HIGHWAY, AP NO. (portion of) 007 - 411 -08 & 10, (File No. 1.548). 1. Consideration of EIQ. 2. Consideration of Conditional Use Permit to allow eight screen theater complex. The public hearing was opened. d SPEAKERS: Neil !Myer - General Manager, Cinerama Theaters - Answered questions regarding theater operations. Ed Griffin - Architect - Described project, answered questions; concerns with Jconditions 7 and 13d. Bill brotinan - 2009 Willow Drive - Felt the timing of this project is wrong. Traffic at this intersection very bad. Phoenix Theater is closed down - felt project will be too big for this area. This theater project will create a hardship for existing smaller theaters. John, Lake - 821 Sunnyslope - Palace Theater owner - historic theater, feels ' his business will be in jeopardy if large theater chains opens. I 376 Hal Sawyer 2024 Caulfield Lane - Cinerama Theater - Described project, answered questions. George Wagner - Keegan and Coppin (applicant agent) - Answered questions regarding traffic generation. City Traffic Engineer Joern Kroll answered questions regarding peak hour traffic use, traffic report. The public hearing was closed. A motion was made by Commissioner Read and seconded by Commissioner Parkerson to direct staff to prepare and post a mitigated negative declaration based on the following findings: COMMISSIONER BENNETT - Yes COMMISSIONER DOYLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER READ - Yes COMMISSIONER SOBEL - Yes COMMISSIONER TARR - Absent COMMISSIONER LIBARLE - Yes Findings for Mitigated Negative Declaration: 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. 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 incorporation of off -site road improvements and additional right -of -way dedication, anticipated adverse . traffic impacts would be mitigated to an acceptable level. A motion was made by Commissioner Bennett and seconded by Commissioner Sobel to grant a conditional use permit based on the findings and subject to' the amended conditions as follows: �8 �i I °I i COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER BENNETT - Yes DOYLE - Yes PARKERSON - Yes READ - Yes SOBEL - Yes TARR Absent LIBARLE - Yes 1 b r . . 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 Use Permit i 1. The building, 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 on the following: a. architectural design quality. b. adequacy of landscaping. C. appropriateness of landscaping in easement areas. { d. sign adequacy and quality of design. e. fencing needs, interface with adjacent industrial uses. 2. A street tree planting strip shall be provided. As an alternative, 'street trees in holes provided behind the curb shall be provided along ;the frontage of the property. Placement, spacing, species selection and planting details subject to City staff approval. J 3. P, center landscape median shall be provided for the length of frontage of the proposed project, subject to SPARC and staff review and approval. Timing of .improvements can coincide with phase development of the overall parcel so that the median is developed as each portion of the parcel is developed, subject to review and approval of the City Engineer. 4. All requirements of the Fire Marshal shall be met. 5. All grading shall conform to Sonoma County Water Agency design criteria. ` 6. The developer shall agree to maintain all landscaping abutting this site Which is located between the property line and the street improvements. The developer shall record an agreement to insure this maintenance, subject to staff review and approval. j 377 378 7. Applicant shall participate on. a fair share basis in any future assessment districts or other funding mechanisms formed to improve areawide flooding, traffic - congestion or other subregional problems for which development of this property is found to be a contributing factor. Major Fraprital Traffic Facilities Improvement Fees shall also be applicable in an amount to be determined by the City Council, payable at time of building permit issuance. The fee shall not exceed $150.00 per average daily vehicular trip end. 8. This project is subject to community facilities development fees payable at the time of issuance of building permits. 9. This project shall be subject to payment of storm drainage impact fees per Municipal Code Chapter 17.30. 10. Construction and on -going activities shall comply with applicable Ordinance and Municipal Code performance standards (noise, dust, odor, etc.) 11. The requirements of the Police Department shall be considered during SPARC review with regard to the site plan and operation of facilities at the site. 12. Commencement of movies shall be staggered so as to spread arrival [departure times over a period of time rather than simultaneous commencement 13. The following mitigations suggested by the traffic consultant shall become conditions of this use permit: a. If deemed necessary by the City Engineer, widen McDowell Boulevard north along property frontage by 12 feet; restripe street to provide for two -way left turn lane in median, concurrently with completion of public improvements. Project applicant to provide 100% of cost. b . Intersection improvements to McDowell Boulevard North. and Old Redwood Highway. Project applicant to provide :fair- share portion of this cost (proportionate- to share of traffic volume used) at time of building permit issuance. C. Provide sidewalk along McDowell Boulevard street frontage for portion of the parcel being developed with theatre complex. d. Improvements to Old Redwood Highway interchange. Project applicant to provide 60 feet of right -of -way,, parallel to `the existing property line of the adjacent property owned by CALTRANS, subject to review and approval of City staff and CALTRANS if deemed necessary e:. Project applicant shall agree to pay 2-6- pereen -t-of a percentage of the cost of interchange ramp junction signalization improvements, based on the number of. theater seats The amount to be determined 10 3 Eby the City Engineer and payment made prior to issuance of building, permit. Signalization of North McDowell Boulevard and Old Redwood Way. P articipation in a 50/50 split of cost between Redwood Business Park and those parcels designated "special commercial" by the Petaluma General Plan at the corner of North McDowell Boulevard and Old Redwood Highway. Proportional share shall be determined by the City engineer based on percentage of total acreage by development, to be paid prior to issuance of a certificate of occupancy. 00 g. The height and massing of landscaping along North McDowell Iq Boulevard shall be kept to 40 inches or less for dense plantings, or else sparse plantings„ (such as trees with no low branches) should be used in the critical sightline areas. h. Bus turnouts to :be provided on N. McDowell (both directions) subject to staff review and approval � i!. Cul -de -sac - will be . provided at terminus of Stub Road subject to staff review and approval ". 14. � All utilities shall be undergrounded as required per Municipal Code Section 14.36. 15. � itter control program to be established to satisfaction of staff. 16 :U t me p e r mi t tomcom'laintsallegabdingl P l a n n ing Commission for review at any generation, loitering, litter or any other detrimental operating characteristics. At such time, the Commission may add or modify conditions of approval 17. No additional development shall occur on the remainder of the parcel until such time as a cohesive master plan is developed for the remainder of this parcel and A.P.Numbers 007- 411 - 7,9,18 & 19, including provisions incorporated in the master plan for coordinated . Vehicular and pedestrian circulation between this parcel and the p roperties to the, I no "r"th and west between the ci'nerama complex and Old Redwood Highway and from North McDowell Boulevard to Holm Road (extension) in accordance with the Council policy pertaining to , :; Special," Commercial" 'land use designation. This project shall be integrated with said master development plan. I PLANNING MATTER V. LOCAL ENVIRONMENTAL REVIEW GUIDELINES. 1. Review of statement of objectives, criteria and procedures for implementing the California Environmental Quality Act (CEQA) . I Commissioner Read left meeting (9:50 PM) . Kurt Yeiter answered questions regarding the staff amended guidelines. °i L A motion was made by Commissioner Parkerson and seconded by Commissioner Doyle to recommend to the City Council adoption of the Environmental Review Guidelines as amended by staff. COMMISSIONER 'BENNETT - Yes COMMISSIONER DOYLE - Yes COMMISSIONER PARKERSON - Yes COMMISSIONER ,READ - Absent COMMISSIONER SOBEL Yes COMMISSIONER 'TARR - Absent COMMISSIONER LIBARLE - Yes STAFF RECOMMENDED AMENDMENT'S'TO ENVIRONMENTAL REVIEW GUIDELINES Italics. = Additions •--- - - - - -- = Deletions Section 5.2.0,. , sentence two As part of this Preliminary .Review, the project sponsor may request a Preliminary Review Conference with appropriate Planning Department or other City staff for pre - application discussion of the proposed act tion.... Sections 5.4.0, 6.2.0, 8.4 add Appeal procedures are contained in the Zoning Ordinance. Section 6.4.2, change to read (v) state or local financial assistance to low or moderate income housing development, estab'Zishment of small day care facilities (6 children or less), and small residential care facilities (6 charges or less) , etc. ; (w) establishment, modification, or approval of user rates and other public agency service charges for the purpose of meeting operational expenses,, purchasing supplies, equipment or materials, meeting financial reserve requirements, or obtaining funds for capital projects necessary to maintain service within existing service areas. (Rate increases to fund capital projects for expansion of a service system may be subject to CEQA and the city's Environmental Review Process) ; and (x) (was repeat of (g)) . Section 6.4.3, change to read 12 3-81 w Discretionary Actions Discretionary actions which are normally exempt from 'the City's 'Environmental Review process, as determined by the Director, include:... ... (01 activities that are categorically exempt by CEQA Guidelines. i Section 9.1.0, last sentence :omit mandatory filing of Notice of Intent to Issue' Negative Declaration: to City Clerk. I Section i 12.7.0, portion, change to read .. a+ ( ), an EIR Addendum for inclusion in or attachment to the final EIR (appropriate for minor technical change's or additions occurring before 0 or after certification of the final EIR; need not be circulated for public review but must be considered by decision making body prior to II ® project approval.) Section Add: . - "reco,in mend to the City . Cownc 7 that the. Draft EIR be certified as a Final EIR ;based on the Commission- initiated revisions. The Commission may request to review these revisions before' they are forwarded to the Counca. " Amend Flow Chart as shown on attached pages. ADJOURNMENT: 10:10 PM. I ,I I a I i 13 382 B. These flood losses can be caused by the cumulative effect of obstruct`.ons 'in-areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses °in other. areas. Uses that are inadequately floodproofed, elevated. or otherwise protected from flood damage also contribute to the flood loss. Add: 16 -103 MM MS CF RIDUCING F= lJCSSES . In order to accomplish _its _purposes, this ord "inance includes methods, and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due .to water or erosion hazards, or which result in damaging increases in erosion or flood, heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time 'of 'initial construction; C. Controlling the alteration of natural floodplains�, stream channels, and .natural protective barriers, which help accaimodat'e or channel flood waters; D. Controlling fi.ling,'_grad!ng, dredging, and other development which may increase flood damage; and, E. Preventing or regulating the construction of flood barriers. which will unnaturally divert flood waters or which may increase flood hazards in other areas. Amend: 16 -200 Flood Plain and Floodway Areas - The Petaluma River Basin Flood Plain and Floodway Areas are defined as those areas of Special Flood Hazard identified by the Federal Insurance I. 17