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HomeMy WebLinkAboutMinutes 03/13/198219 M I N U T E S PETALUMA PLANNING COMMISSION APRIL 13, 1982 REGULAR MEETING PETALLTr1A CITY COUNCIL CHAMBERS CALIFORNIA PRESENT: Comm. Harberson *, Head, Lavin,.Shearer, Tencer, and Waite *arrived at 9:04 p.m. ABSENT: Comm. Popp STAFF: Gregory Freitas, Community Development and Planning Director Warren Salmons, Principal Planner L Cynthia Beeken,.Associate Planner _g Thomas Hargis, City Engineer MINUTES Minutes of March 9, 1982 were corrected to read on Page 2 under Acorn Terrace Subdivision: Comm. Head requested that the Sonoma County J" Water Agency review the drainage not only around Acorn Terrace. but all flood plain areas. Minutes were approved as corrected. . CORRE_SPONDENCE The applicant., Matthew Roche, for DeSchmire Restaurant, has requested a continuation to the next.meeting.on April 27th. I DIREICTOR'S REPORT Joint workshop held last night for the Housing Element; staff was directed to file' the working draft with the _ state. This takes approximately 90 days for a response. There will be at least one additional workshop before public hearings begin. CO UNTRY CLUB ESTATE I (UN IT IA), MCNEAR & COUNTRY CLUB DR. — VARIANCE, ENVIRO NMENTAL IMPACT_ QUESTIONNAIRE, UNIT DEVELOPMENT P LAN AND TENTATI MAP REVISIONS .(Tape, 33 _ 819) Item`2.304 -. To consider a variance to exempt .Country Club Estates Unit IA from .the provisions of Article 19.1 of the Zoning Ordinance 1071 N.C.S. (H.R Hillside.Residential Development Combining District). Chairman Lavin directed staff t,o present the variance report. The public hearing was =,opened. Speaker: Richard Coombs, representative of Piombo Corp., developer The public- hearing was closed. Motion was deferred. ..Chairman Lavin directed staff,, to combine the presentations for items 2, 3, and 4.. Page 2 of 12 NM I. PETALUMA PLANNING COMMISSION MINUTES OF APRIL 13 1982 COUNTRY CLUB ESTATES I (UNIT IA) - continued Item 11.454 - to review environmental documentation for the proposed County Club Estates Unit IA. Item 3.204 - to consider revisions to the adopted P.U.D. Unit Development Plan for Country Club Estates Unit IA, 16 acre development of 32- detached single family homes, and 28 attached single family homes, and 2.3 acres of public open space located in the vicinity of Country Club Dr., and.McNear Ave. (APiP s 008 - 540 -01 through 63). Item 6.507 - to consider revisions of the approved tentative map for Country Club Estates Unit I to correspond with the proposed Country Club Estates Unit IA "development plan. The public hearings were opened. Piombo Corporation representatives gave a lengthy presentation. 'Speakers: A. J. Weddle, 1319 Canyon..Dr. . Michael 11 Rocca Dr. Kenneth Godfrey, 1322 Canyon Dr.. The public hearing w-as'closed'by Chairman Lavin. Mo.t -ion introduced by Comm. Waite, seconded by Comm. Shearer, -to approve the variance to exempt Country Club Estates, Unit'IA from the requirements of Article 19..1 of the Petaluma Zoning Ordinance (H.R.D., the Hillside Residential Development Combining District)-based on recommended findings.. AYES: 5 ABSTAIN: 1 (Harberson) Motion introduced by Comm. Shearer, seconded by Comm. Waite to recommend the City Council direct staff to issue a Negative Declaration 'on the revised. development plan and tentative map based,on recommended findings. AYES: 5 ABSTAIN: 1 (Harberson) Motion introduced by Comm. Tencer, seconded by Comm. Head,, to recommend the City Council approve the revised.devel.opment plan based on the recommended findings and conditions. AYES:, 5 ABSTAIN: 1 (Harberson) i Richard Coombs, Project Mike D.. Malone of Donald Herzog &.Assc., soils engineers Jack Macy, Mitchell & Heryford of Santa Rosa, civil engineer George Hargraves, SWA Group, Sausalito, landscape architects Don Crosby, Crosby Thon'ton &.Marshall Assc:, architect Speakers from audience: f d ".7r. j Page 3 of 12 PETAL'UMA PLANNING COMMISSION MINUTES OF APRIL 13 1982 I. COUNTRY CLUB ESTATES I' (UNIT IA) - continued al Motion introduced by Comm. Waite, seconded by Comm. Shearer to recommend the City Council approve the revised tentative map based on the recommended_ findings and conditions, with Condition 113 added: A mechanism will be provided to assue funding for maintenance (acceptable to the City Engineer) and recon- s;truction of the check dams and'any areas -in the project in the eventuality of soil1movement or dam failure; and to maintain all project related subdrains and drainage ways. AYES_ 5 ABSTAINT- 1 (?'arbersnn) II. - MATTHEW ROCHE, DE SCHMIRE RESTAURANT 304 BODEGA AVE. - USE PERMIT . (Tape.'006 - 012) LO Item 1.350 To consider a use permit application from Matthew Roche for the purpose of serving alcoholic beverages for consumption on the premises at Q the De Schmire Restaurant. The public hearing was opened. Motion introduced by Comm. Tencer, seconded by Comm: Shearer, to continue the public hearing until the 'next meeting scheduled for April 27, 1982. AYES 6 III. ZONING ORDINANCE AMENDMENT.SECTION 16 -300 - DEFINITION OF SUBSTANTIAL IMPRO;V,EMENT IN THE FLOODIAY AND FLOOD PLAIN`ZONES. (Tape) 012 - 130) I: Item 17,.96 -,To consider an amendment to Section 16 -300 of the Petaluma Zoning, Ordinance ..1072 N.C.S. (definition of "substantial improvement" in the F�ioodway and Flood'Plain Zones) to reflect the standards recommended by.th + " Federal Emergency Management Administration. Chairman Lavin directed to make the presentation. The public hearing was opened. Comm. Tencer and Comm. Harberson wished further information from staff before voting. A Speaker: Paul Heaton, 5 Vallejo St. was in favor of this amendment. Mo�tion.,introduced by Comm. Shearer, seconded by Comm.-Tencer to continue the hearing for this item to the next meeting of April 27, 1982, AYES: N \l IV. AMERICAN ALLEY ABANDONMENT, LOCATED BETWEEN PROSPECT AND MARTHA STR.S__ (Tape 130 ` 155)' Item 9:176 - To consider an application from Mr. & Mrs. J. Beaulieu and Mr. and Mrs. J. Dunaway to abandon that portion of American Alley located between Prospect St..and Martha St. Chairman Lavin directed staff to make the presentation. The public hearing was opened. Speaker: Joe Milner, representative for applicants Staf.Cpointed out that F.G. &E, and Pacific Telephone have requested that- Page 4 of 12 22 PETALUMA PLANNING CWMISSION 14INUTES OF APRIL 13, 1982 IV. AMERICAN ALLEY ABANDONMENT - continued utility easements be secured if this item is approved by the City Council. Motion introduced by Comm. Head, seconded by Comm. Harberson to recommend the City Council approve American Alley abandonment (located between Prospect St. and Martha "St.) based on the finding that it is consistent with the General Plan and Environmental Design Plan. AYES: 6 V. B ARRY PARKINSON 508 PETALUMA BLVD. 'SO.. PARKING VARIANCE (Tape 155 to 292) - Item 2..303 -'To consider :a variance request by Mr. Barry Parkinson for reduced parking at 508 Petaluma Blvd. South to accomodate a: proposed restaurant. Chairman. Lavin directed staff to make the presentation for the above. The public hearing was opened. Two neighbors the property objected,.to the variance due to . a. parking hardship. Speakers: Don Smith, 24 Raymond.Heights Buck Johnson., 1 Joelle Heights Barry' Parkinson, applicant 41 Raymond Heights The public hearing was closed: Motion introduced by 'Comm. Shearer, seconded-by Comm. Head, to approve a variance for reduced-parking-at 508 Petaluma Boulevard South based on recommended findings. AYES: 6 ZONING MATTERS: VI. DIAMOND HEAD, PETALUMA BLVD. SOUTH & J ST..EXTENSIC) (Tape 292 - 313) N - .RF.VISI(1N T(l P r, Item.3.249 - To consider.a revision to the approved P.U.D. Unit Development Plan for the Diamonhead project, 53 condominium units, to permit a two phase development schedule. Motion introduced by Comm. Head, seconded by Comm. Tencer, to recommend the City Council approve an amendment to the Diamond Head'`condominium P.U.D. development plan based on recommended findings and on '*I conditions. AYES: 6 ADJOURNMENT The meeting was adjourned at 10:46 to April 27, 1982. Page 5-of 12 COUNTRY CLUB ESTATES UNTT.IA - V ITEM 2;.304 - FINDINGS 1. (There are peculiar and unusual circumstances inherent in the property sufficient to cause a hardship. Such conditions are not common to all or most of the properties in the immediate area. The unusual condition inherent in the project is that the number of units proposed for this site was approved prior to enactment of the slope density ordinance. No change in this number is proposed and the revised design results in a more desirable development project. 2." That a hardship peculiar to.the property and not created by any act LO of the owner exists. Sixty units have been approved and are still viable for the site. They Q were rendered non - conforming by an act of the City, not by any act on the part of the property owner. 3. (The variance is necessary for the preservation and enjoyment of a substantial property right,possessed by other properties in the same zoning district and.in the vicinity. The variance, if granted, would . not constitute a special privilege to the recipient not enjoyed by his neighbors. The original development plan was approved and 60 housing "sites were created through recordation of 'a final subdivision map. These hcusing sitesexist, and to deny the variance would prevent'an alternative design to be considered for units which the property owner has a vested i. raht to develop. This.would be the same right any other property owner would have in a P.U.D. district, or in any other districts in the vicinity under similar circumstances. It would not constitute the grant of a special privilege., 4. Authorizing the variance would not .be of substantial detriment to adjacent property, and will not materially impair the purposes of this ordinance or the public interest. The variance would allow consideration of a redesign which would result in an improved project if approved. The improved project would have lesslimpact on adjoining properties than the present design. Granting of ttie.variance would not impair the purposes of the zoning ordinance or be contrary to the public interest. 23 24 COUNTRY CLUB ESTATES UNIT IA - NEGATIVE DECLARATION ITEM .11.454 FINDINGS Page 6 of 12 I. A qualified soils engineer believes that County Club Estates, Unit IA can be developed as planned. Detailed subsequent engineering studies will be prepared and' submitted for city review prior to approval of the final map on the subdivision. Prior to construction, any additional soils studies necessary will be performed and the recommendations ofthe report incorporated into the design of the improvement or building be constructed. 2. - -Adequate on -site and off -site improvements have been proposed to mitigate the storm drainage concerns associated with development of the project. The !mechanism proposed to maintain the check dams is_ anticipated to be adequate and -will be formalized as a condition of project approval. 3. The revised .project design, street, and lot layout results in a less environmentally impacting project than that approved in 1978. 4. Project design changes and conditions of approval have or. will be adequate mitigate potential impacts associated with development. COUNTRY CLUB ESTATES UNIT IA`- P.U.D. DEVELOPMENT PLAN ITEM 2.304 FINDINGS 1. Said Plan clearly 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 PUD District is. proposed on property which has a suitable relationship to.one (1) or more thoroughf are s;. 'and that said thoroughfares are adequate to carry any additional traffic generated by the development. 3. That the plan for the.proposed development 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 if necessary to insure compatibility. 4. That the natural and scenic qualities of the site are protected, with adequate available public and private spaces designated on the Unit Development Plan. S. That the development of.the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, wil'1 be in the best interests of the City and will be in keeping with the general intent and spirit of the zoning regulations of the City of Petaluma., with the Petaluma General Plan, and with any.applicab,le Environmental Design Plans adopted by the City. zi COUNTRY CLUB ESTATES UNIT IA - P_II - ITEMI � 2.304 I� CONDITIONS 1. pr di re PLAN REVISIO Page 7 of 12 Site design review of landscaping and architectural details of the IIivision shall be completed prior to final map approval. Site design ew of the individual custom homes shall occur on a lot by lot basis )r to building permit issuance and may be referred to SPARC at the `.retion of the.Community Development Department. Conditions of SPARC ew shall be conditions of the unit development plan. 2.1[ of the pool, recreation building and parking facilities shall be completed to City..satisfaction prior to occupancy of 50 %�of the approved dwelling.units or issuance of the 40th building permit, whichever comes first. Joint use of all facilities by the residents of all phases of the 68 acre development shall be provided for by recordation of a notice :to 'this effect on the remaining 50t acres. 3. 1 All of Winding Ridge Drive.should be dedicated as a public street with sidewalk (on the down hill side) provide up to' the cul -de -sac at the "northeast end of the.drive. 4. Final utility line locations and public improvement plans will be subject to Community Development Director and City Engineer approval to insure preservation of the mature trees to be saved. The private storm drain line from the catch basis between parcels 23 and 29 shall be relocated out of Parcel A to.provide. additional setback from the .existing 16" sycamore tree. No tree not listed in Group 1 of the.Citv's approved tree list shall be planted closer than 6 feet to a utility line or street (public or private) improvement: i 5. The following condition of unit development approval in 1978 shall' also, apply to this plan: a. Non - reflective glass shall be employed on the west facing building elevations. 6. IIIn order for this project to be found consistent with the Petaluma . General Plan, a notice will be recorded on the remaining 50t acres to be developed (A.P. Nos. 008 - 472 703, 04 and 05).stating that a density transfer of 20 dwelling units has occurred from those properties. Terms of this notice shall be approved by the City Attorney and Community Development and Planning Department prior.to a recordation in conjunction with the final map. 25 7. 1.IThe= Conditions, Covenants and Restrictions for the single family lots• shall include, the following requirements: fi a. Roofing:' Materials should be restricted to fire resistant materials and approved by SPARC. `J °b. Colors: Limit- colors to earth tone varieties. 26 Page 8 of 12 COUNTRY CLUB ESTATES.UNIT IA - P.U.D. DEVELOPMENT PLAN CONDITIONS - continued C. Lot Grading: Exclusive of the grading approved in conjunction with the subdivision improvement plans, cut and fill associated with unit construction should be held to the minimum necessary to meet and foundation requirements. Hillside grades should be kept as natural as possible with the unit designed to fit the contour of the hillside. Grade Beam construction should be used when appropriate. Cuts and fills should not exceed 3 feet. d. Driveway Material: Concrete. e. Retaining Wall Materials: Only decorative finish blocks (not standard concrete) should.be used. f. Front Yard Landscaping: Not more than loo crushed rock should be used as a ground cover in the front yard. Street and yard tree's - should be compatible with 'the approved tree planting program. g. Fencing: Interior and yard fencing materials zhould be c.oiriplementary to.the decorative fencing along McNear Avenue and Country Club Drive. Lots with property lines along the southerly and northerly perimeters of ,the site (Lots 2 -10, 23, 29, 30 and 32) shall provide perimeter fencing which matches the decorative design. h,. Provisions of maintenance of on -site common areas,-,paths, turf block and private street'areas. i. Limitations on the parking and type of landscaping allowed in the turf block areas. The adequacy of .the details and language of the above items as reflected in the CC s R's shall be .sub.ject to the review and approval of the Community Development Department and the City Attorney. 8. No parking signs shall be placed along the street right -of- ways throughout the subdivision except on the westerly (downhill) side of Dvinding Ridge Drive. All street.sign details shall be satisfactory to the City Public Works Department. ` Page 9 of 12 ��ry ��o COUNMY CLUB ESTATES UNIT IA - TENTATIVE MAP | IIEM'6.507 !The proposed map complies with the reguirmenta of Chapter 20'16 of the ' Petaluma and the Subdivision Map Act ��� ��� l, Fire flow water supply shall be provided (via tank improvements) as LO dictated by building size and construction materials. ~` ~� All slide and soil creep areas sh all be so as to prevent to ~: 1� t he project and structures a may be requir ed by the Chief Building Ins�ector. A on-site soils engineer shall supervise the grading and = ` c onstruction ^ lo g rade beam , c one * un i t unless a satisfactory alternative� is provided to -the Conmuhity ' ` Dev lopment Department and Inspector. � ^ � 3. i Conditions 3� 3, 4- 5 � 6, 8 and 9 ot ooit development approval will be : conditions of the tentative map' * ` Site con ditions shall become conditions of tentative map ' 5.1 Prior to.fina'l.map approval., the grading design and improvements --- DevelopmentY improvements shall include a detailed landscape and irrigation plan id6ntifying the proposed tank, access*road', existing trees to be saved and I identifying trees to be for replacement and full tank - sc purposes. Indigenous varieties should be utilized. Retaining walis around the tank and..access road should be utilized to minimize cut a ' nd'11fill, protect on-site trees and reduce. ---_- impact. _.--` plans o *o Department, SPARC and City Engineer approval. 6. Prior to grading permit issuance, a contract shall be signed with a. l i A to iu follomed.� This bond shall be r certification by the project's" lu recommendations have been followed. 7 caot shall provide maintenance for a period uf 5 years for tr and vegetation, required as a part of the water tank and proposed | access road screening, as well as other off-site grading and erosion easement areas. , 28 Page 10 of 12 _ COUNTRY CLUB ESTATES UNIT IA - TENTATIVE MAP -• CONDITIONS - continued 8. Removal of all spoils materials from the water tank area is required prior to improvement acceptance. 9. All street names shall be subject to the review and approval of the Street Naming Committee. 10. Installation of all • on and off -site improvements as may be required by the City Engineer, Public Works Superintendent and Fire Department are required. _ . `ll. Landscape and irrigation plans for all public open space, private common areas, nature habitat areas, and reconstructed slopes over 10% grade shall be reviewed and approved by.SPARC... 12. An assessment dstrictl shall be formed prior to approval of the final' map to provide for maintenance of the check clams Proposed within Parcel A.. This assessment district shall be comprised of all affected properties within Country Club Estates development area. Details of the assessment district formation shall be worked out in conjunction with . the Community Development,.Public Works, Engineering Departments and the City Attorney's 13. A mechanism will be provided - to assure funding for maintenance (acceptable to the City Engineer.) and reconstruction of'the` check dams and any areas in the project, in' the'eventual ty.of soil movement-or -dam failure;" and to maintain all project related subdrains and drainage ways. I,* �.1 BARRY, PARKINSON, 5 ITEM 12. 303 FINDIiNGS : . Page 11 of 12 PETALUMA BOULEVARD SOUTH - PARKING VARIANCE i 1. This property has an unusual condition inherent in the property in that it was designed, built and used as a restaurant and hotel years before parking requirements became applicable. to not permit the requested use would pose a hardship in that a major portion of the buildinq would become useless and of little value: Z. This hardship is peculiar to this property and is not caused by any act of_the owner. In refurbishing the building, the owner has attempted to coordinate with Planning, Fire Marshall, Building and other departments in complying with all current City requirements. Parking is,the only requirement in which the property does not meet required standards. 34. The use requested :is a use under the applicable C -H zoning. It.is the historical use of the property and is not a . request likely to be.made by adjacent property owners as their needs are different. It would not result in a special privilege, but instead, be recognition of a peculiar.pre- existing property .Situation. The prior restaurant had a more - intense occupancy rating and use of 70 seats.. "the current: request is for 50 seats. More than ample on- street parking is available in the immediate area. 4�. The utilization of the building by a restaurant will eliminate an empty building and be a.benefit. to adjacent properties by reducing the likelihood of .loitering, vandalism and fire. rAIL 30 Page 12 of 12 DIAMOND HEAD, PET BLVD. SOUTH & J ST EXTE NSION - REVISI TO P.U.D. ITE 3.249 FINDINGS 1. Said Plan clearly results 'i-r, a more desirable use of lard and a better physical environment than would be possible under any single zoning district or combination of. zoning districts. 2. That the PUD District is proposed on property which has a suitable relationship to one (1) or more thoroughfares; and that.said thorcughfares are adequate to carry any additional traffic generated by the development. 3. That the plan for the proposed development 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 %cr screening is included if necessary to insure.compatibility. 4. That the natural and scenic qualities of the site are protected, ' with adequate available public and private spaces designated on the Unit Development Plan. 5. That the development of the - subject property,, in the manner proposed by the applicant, 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 - regulations of the City of Petaluma, with the Petaluma General Plan, and with any applicable Environmental Design Plans adopted by the City, CONDITIONS The conditions imposed at the time of the initial approval of the development remain unchanged and in force. ATTEST: U Gregor_ C. Freit s Community Deve.lo ment and Planning Director