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HomeMy WebLinkAboutMinutes 01/26/1982r -.S' '17 rd , 'Y^'•. -.��, w�Y �'•k YF Y, :'�i` .k;d � �`�, Se, S, � �; �a ' � ��' '` y y sa � ZA �+ .�§ � r yre'� • , �'' '.� � r � s `V 00 1 PUBLIC HEARINGS I. DONAL MACHINE BY DONALD BERGSTEDT 715 PETALUMA BLVD SO. VARIANCE. (2.301/11.584). DI L"JL PETALUMA'PLANNING COMMISSION- REGULAR MEETING JANUARY 26, 1982 CITY COUNCIL CHAMBERS, CITY HALL 7:30 P.M. PETALUMA, CA The Planning Commission encourages applicants or their representative to be available at the meetings to answer questions, so that no agenda items need be deferred to a later date due to a lack of pertinent information. PLEDGE ALLEGIANCE TO THE FLAG ROLL CALL: Comm. Harberson Head Lavin Popp Shearer Tencer Waite STAFF: Gregory C. Freitas, Community Development and Planning Director Warren Salmons, Principal Planner APPROVAL OF'MINUTES: CORRESPONDENCE: DIRECTOR'S REPORT: COMMISSIONERS' REPORTS: Minutes of Januar "y 12, 1982 Public hearing, consider a reduction in the required rear yard setback from 25 feet to 0 feet; and the side yard from 20 feet to 1 foot for a proposed expansion of the existing structure. i PETALUMA PLANNING COMMISSION AGENDA ZONING ORDINANCE AMENDMENT E.I.Q. /SHOPPING CENTER ACREAGE AMENDMENT (11.699,• 7.94) JANUARY 26, 1982 PACE 2 1. Public hearing to evaluate the Environmental Impact Questionnaire for.the following zoning ordinance amendment: 1 ADJOURNMENT: 2. Public hearing to consider an amendment to Ordinance.1.072 N.C.S. to allow shopping centers of up to six acres in the C -N (Neighborhood. Commercial) zone under limited circumstances. ZONING ORDINANCE AMENDMENT 1. Public hearing to evaluate the TO ESTABLISH PB -C DISTRICT Environmental Impact Questionnaire for (11.700, 7.95) the following zoning ordinance amendment: 2. Public hearing,to consider an amendment to Ord. 1072 N.C.S., to add Article 18.5 to establish a Combining, District. (PB -C) for preservation of public buildings. BAYWOOD SHOPPING CENTER 1. Public hearing to evaluate the BAYW DRIVE,AND PERRY LANE Environmental Impact_ Questionnaire E.L.Q. EVALUATION' /REZONING/ for the following: USE PERMIT (11..688/3.2.81/1.347) 2. Public hearing to consider a rezoning P/H opened /con's from 12/22/81 of API 05- 201 -01 from C- H,.(Highway Commercial) to C =N (Neighborhood Commercial). 3. Public hearing to consider a Use Permit application for a shopping center ,proposed to be located at Baywood Drive and Perry Lane. 1 ADJOURNMENT: NOT OFFICIAL UNTIL APPROVED, ®7 THE PETALUMA PLANNING COMMISSION M I N U T E S PETALUMA PLANNING COMMISSION JANUARY 26, 1982 REGULAR MEETING PETALUMA CITY COUNCIL CHAMBERS CALIFORNIA PRESENT: Comm. Harberson**, Head, Lavin, Popp, Shearer *, Tencer, and Waite *Arr. 7:32 P.M. * *Arr. 7:56 P :M. STAFF:' Gregory C. Freitas, Community Development and Planning Director Warren Salmons, Principal Planner Les Ruh, Assistant City Engineer Go c MINUTES: Minutes of January 2 1982 were approved pproved as submitted. Q. DIRECTOR'S REPORT: " There will be a.joint workshop with City Council on Feb. 8th (Monday) at 7:00 P.M. to review the Housing Element. DONAL MACHINE, 715 PETALUMA BLVD. SO. - VARIANCES (Tape 18 - 210) Chairman Lavin directed staff to combine presentations_on both requests for variances. Item 2.301 - To consider (1) a reduction in the required rear yard setback from 25 feet to .0 feet; and (2) the side yard from 20 * feet to l foot for a proposed expansion of the existing structure. The public hearing was opened and closed. Motion`by Comm: Popp; seconded by Comm. Head., to grant a one (1) foot right side yard variance based on the. findings as shown by the staff report: CONDITIONS NECESSARY FOR A VARIANCE CONDITIONS NECESSARY FOR A VARIANCE (Section 26 -303 of the Petaluma Zoning Ordinance) 1, That there are peculiar and unusual conditions inherent in the property in question sufficient to cause a hardship due to the existence of the present building, and that such conditions are not. to all or most of the properties in the immediate a're&. 2. That :a hardship peculiar to the property.and not created by any act of the owner exists in that a building 1 foot off of the side property line already esists. 3. That such variance is necessary for the preservation and enjoyment of substantial property rights 'possessed by other properties in the same zoning district and in the vicinity due to the presence of other industrial buildings of-the same age also having narrow sideyards, and that a variance, if granted, would not constitue a special privilege ofthe recipient not enjoyed by his neighbors. 288 PETALUMA PLANNING COMMISSION - AGENDA PAGE 2 JANUARY 26, 1982' DONAL MACHINE continued 4. That the authorizing of such variance shall not be of substantial detriment to adjacent property, and will not materially impair the purposes of this (zoning) ordinance or the public interest. AYES: 6 NOES: 0 ABSTAIN: 1 (Harberson) Motion introduced by Comm. Popp; seconded by Comm. Head to grant the variance request for a zero rear yard setback. AYES: 4 'NOES: 2 (Lavin, Shearer) ABSTAIN: 1 (Harberson) Speakers: Donald Bergstedt, applicant Royce Van Bebber, 850 Mt. View, Petaluma The director objected to the granting, of this second variance due.to the lack of required findings, being made _by the Commission.' . ZONING.ORDINANCE AMENDMENT - E.I.Q. SHOPPING CENTER ACREAGE (Tape 211 - 253) . Chairman Lavin directed. staff to combine Items 1 and 2's-presentations. Item 11.699 - To evaluate the Environmental Impact Questionnaire f'or the zoning ordinance amendment on shopping center acreage. Item 7.,94 - To consider an amendment to Ordinance 1072 N.C.S..to allow shopping centers of- up'to six (6) acres in the C -N (Neighborhood Commercial) zone under limited circumstances. The public hearing was opened and closed. Motion ;introduced by Comm. Waite; seconded by Comm. Shearer,.to recommend the City Council direct staff to issue a Negative Declaration based upon recommended findings. AYES: 7 Motion _introduced ' by Comm. Waite.; seconded by Comm. Shearer., to recommend the City Council amend Section 11 -406 of the Zoning Ordinance, based on the standard findings, to read as follows: Section 11 -406: Shopping_ centers with a maximum.area of six (6) acres. AYES: 7. . PETALUMA PLANNING COMMISSION JANUARY 26, Me MINUTES - PAGE - 3 ZONING'ORDINANCE_AMENDMENT.TO ESTABLISH PB -C DISTRICT - E.I.Q. (Tape 253 - 298) Chairman Lavin directed staff to combine Items 1 and.2's presentations. Item 4.700 - To evaluate the Environmental Impact Questionnaire for the zoning ordinance amendment to establish a PB -C district. Item TA 5 - To consider an amendment to Ordinance 1072 N.C.S. to add Article 18.5 tY to establish a Combining District (PB -C) for.preservation of public buildings. The public hearing was opened and closed. No one.wis.he.d to speak on this item. _ _ Motion' by Comm. Harberson; seconded by Comm. Popp, to recommend the City Council direct staff to issue a Negative Declaration based upon recommended findings. AYES: 7 Motion introduced by Comm. Shearer; seconded by Comm. Popp, to recommend the City Council add Article 18.5 to the Zoning`Ordinance to establish a Combining District (PB -C) for preservation of public buildings based upon recommended findings. AYES: "7 BAYWOOD SHOPPING CENTER; BAYWOOD DRIVE AND PERRY LANE - E.I.Q.., REZONING, USE PERMIT (Tape 298 - 370) Chairman Lavin directed staff to combine all items f or presentation. Item 11.688 - To evaluate the Environmental Impact Questionnaire for the Baywood Shopping Center. Item 3:,281 - To consider a rezoning AP# 05- 201 -01 from C -H (Highway Commercial) to C -N (Neighborhood Commercial). Item 1 - To consider a use permit application for a shopping center to be located at Baywood Dr. and Perry Lane. The public. hearings for all three items were opened and closed. Speaker: Walt Williams, P. 0. Box 627, Cotati N E PETALUMA PLANNING COMMISSION MINUTES - PAGE 4 BAYWOOD SHOPPING CENTER - continued JANUARY 26, 1982 Motion introduced by Comm. Waite; seconded by Comm. Shearer,. to recommend the City ouncil direct staff to issue a Ne ative Declaration based upon the y g previously prepared environmental documentation, including the traffic study and incorporation of the recommended mitigations. Motion introduced by Comm. Waite; seconded by Comm. Shearer, to.recommend the City Council direct staff to issue a: Negative Declaration based upon the previously p repared environmental.doctimenta.tion; including the traffic study. AYES 7 Motion -introduced.by Comm. Waite; seconded by Comm. Shearer, to recommend the •City Council approve rezoning of AP# 05- 201=02 from C -H (Highway Commercial) to C -N (Neighborhood Commercial) based upon recommended findings. AYES: 7 Motion introduced by Comm. Waite; seconded by Comm. Head, to recommend the City Council approve the Use Permit for - a Neighborhood Commercial;Shopping on . AP# 05- 201- 01.based on recommended findings, and requiring the.recommended. conditions and - mitigations be incorporated, AYES: 7 PLANNING MATTERS' Comm. Shearer 'led a discussion regarding private streets in P.U.D.'s, and pointed out that private residents also keep objecting to 'having temporary deadend streets put through. Mr. Freitas :explained'there is a clear policy regarding public streets, except for P.U.D.'s where private streets were. also planned. Staff indicated that there were not city standards for private streets. After further discussion, it. was the' concensusl of. the commission that major streets in P.U.,D.'s should be ,public and particularly where they would be extended as sole access to other property (such as i hills "!.. , At a >miriimum dual public street access provisions for all PA .D.'s should be continued to be requred.by the Commission and staff should.continue to.so inform prospective developers designing proj'eets. Staff was requested'to provide tbe�Commission'w th.addit on,al information on this mat -ter, Commissipner Shearer also wished to discuss the.problems of`'puttiig streets through, that has been planned for years. Lt .was suggested that the Commission "'stick to its guns" and require olanned streets eo through_: PETALUMA PLANNING COMMISSION JANUARY 26, 1982 29 g MINUTES - PAGE 5 PLANNING MATTERS - continued Mr. Freitas indicated that staff was also concerned that the city continue.to plain from a good circulation policy standpoint and not drift off to a policy of not having planned streets go through whenever neighbors objected. .Chairman Lavin addressed the Commission and Director for interpretation of variance requests. c o ADJOURl\TMENT: At 8:53 P.M., the meeting adjourned Monday, February 8th, c at 7 P.M. in the City Council Chambers. Q ATTEST: 292 B AYWOO D SHOP PING CENTER - USE PERMIT 1.347 FINDINGS AND CONDITIONS 1 Use permit approval shall -be contingent,upon a suitable agreement with the City Council to abandon a portion of Perry Lane as determined by the City Engineer. 2. Use permit approval shall be contingent upon a rezoning of the parcel to Neighborhood'Commercial. 3. Outdoor lighting behind the proposed buildings shall be placed on the rear building walls, not higher than eight (8) feet above the. fi- nished grade. Lighting shall be shielded so that the maximum angle of the direct light cone shall not exceed sixty (60) degrees. 4. A daily program of litter collection shall be undertaken by the Center to prevent the accumulation of on and off -site litter. A 5. In order to provide safe two (2) way access to the center and the neighboring parcel to the south, Perry Lane shall be paved to the line shown as the' "Edge of Future Pavement" on the I site plan: 6. The main driveway entrance into the Center shall be redesigned to more.closely line up with the two (2) fronting aisles, and to include an eight (8`) foot wide minimum landscaped divider island. On -site; stop signs shall be posted at the end of all three (3) exiting drives which feed into the main driveway. entrance. 7. The existing chain link fence located along the northern boundary of the site shall be improved with Redwood screening slats starting at the northeast corner of the.site and extending to the southwest corner of Perry Lane. 8. The applicant shall enter into a suitable agreement with the City Council to pay for a portion of the future street signalization at Baywood Drive and St. Francis Drive within six (6) months of use permit approval and prior to the issuance of on -site building permits. The applicant shall comply with all other mitigation measures outlined in the Traffic Report which may be required by the City Engineer. J A :aTM BAYWOOD SHOPPING CENTER - NEGATIVE DECLARATION 11.. 188 I FINDINGS 1. A rezoning of the site from C -H to C -N will reduce the potential incompatibility with the surrounding residential neighborhood in terms of noise, truck traffic outdoor storage and architectural design. It N would also be compatible with the C -H zoned parcel to the south. 2. The proposed architectural design should enhance the neighborhood and create an impetus for improved design in the remainder of vacant lots,in the outlying commercial zone. 3. The proposed Neighborhood Commercial zone is located in an area which would prevent surrounding residents from having to travel long distances to purchase day -to -day retail goods and services. 4. The potential for increases in on and off -site litter will be mitigated as a condition of use permit approval. S. Effects of noise and glare created by automobiles, trucks and loading activities on abutting residential.neighbors should be adequately mitigated by the proposed site layout, the existing block wall along the northern property line, generous landscaped buffer strips proposed along the northern and western property lines, and conditions of use permit approval. 6. Adverse traffic impact mitigating measures determined to be necessary for the project by the City Engineer have been integrated into plans,, BAYWOOD SHOPPING.CENTER - REZONING 3.-281 FINDINGS" 1. Rezo'ni'ng ..shall be in conformance with the Petaluma General Plan and any appl'i'cable Environmental Design Plan. 293 2. Rezoning ' - shall be consistent with the public necessity, convenience, and general welfare. 294 DRAFT 1/20/82 AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY .OF PETALUMA EST-ABL-ISHING A PB -C COMBINING DISTRICT (PRESERVATION OF PUBLIC BUILDINGS) Article 18:5 is hereby added to the Zoning Ordinance: ARTICLE 18.5 18 -500. Purpose/Description The "PB =C" district and regulations are established to protect, enhance, and perpetuate former public buildings, public structures, and public sites within the City which have architectural and. cultural value; to preserve and protect public funds which have been invested in such facilities to reduce the adverse environmental impacts associated with the loss of irreplacable assets in the City; and to promote conservation and beneficial use of these areas and their.associated'structures. The City Council finds that, with controls through conditional use permits, many of these sites may be utilized in a manner which is designed to protect the public health, safety and - welfare and at the same.time the needless destruction and to encourage an economic use of these structures and sites. The purpose of this article is: to promote the health, safety and general welfare of the public through: 18 - 501. Effect of zone - in areas zoned Public Building- Combining District (PB -C), the regulations of the underlying zoning district shall be combined with and apply in addition'to the provisions of this Article. Where any conflict may exist between the requirements of this ordinance and other zoning districts, the provisions of this article shall apply. 18 -502. The identification of former public buildings and public facilities which should be.preserved in accordance with the purposes of this Article as enumerated in 18 -500. 18 -5 The protection, enhancement, perpetuation, and use of structures, and sites, that are in need of such preservation as defined in the purposes enumerated in 18 -500. MR 18 -504. ,The development and maintenance of appropriate uses of former public buildings and public facilities. 18; -505. The enhancement of property values, stabilization of the neighborhood and areas within the City, and the increase in economic and financial benefits t:o the City and its inhabitants through the appropriate uses of these ^ ' structures. ` 18 -:600. Powers and Duties of the Planning Commission The Planning 00 Commission shall transmit to the City Council, after public hearing, its 2 recommendation concerning the designation of Public Building- Combining Districts. 18 =700. Manner of Designation The City Council may, by ordinance, designate one or more individual structures or other features, having a special character,. special architectural or special economic, architecture or aesthetic interest or value, as a designation which may be appropriately zoned under this Article. 18 -701. Standards for Designation The City Council may place a "PB -C" designation upon any site containing a structure which contains a former public building and where a finding has been made by the City Council that such designation is necessary to achieve the purposes of preservation as set forth in 18 -500 of this Article. 18 -702. Permitted Uses .It is intended that the City shall utilize the use permit procedure set forth in.the provisions of Article 21 =300 and 26 -500 of the Zoning Ordinance No. 1072 N.C.S. to regulate the allowable uses of property containing a "PB" designation. Any uses are permitted which are deemed appropriate by the City in.accordance with satisfying the procedure-for obtaining a use permit pursuant to the provisions of Article 21 -300 and 26 -500 of this Zoning Ordinance; provided that any , appr.oved . use shall be designed to preserve the former public facility as a.unique .asset in the community. Any proposed use or modification shall be consistent with achieving the purposes enumerated in 18 -500. 296 18 -703. No person shall construct, alter, or demolish such designated structure or structures without first obtaining a use permit in accordance with the provisions of Article 21 -300 and 26 -500 of this Zoning Ordinance. 18 -704. Destruction of Public Facilities If at any time, the former public facility improvements which are subject to these regulations are destroyed by fire, earthquake, or any other disaster or calamity, all conditional uses .under this Article shall become null and void. Upon the destruction of the former public facility, the City Council shall proceed as soon as practicable.to rezone the subject property in accordance with standards set forth in the Petaluma General Plan /Environmental Design Plan and as is necessary to protect the public health, safety and welfare. 18 -800. . Development Standards No existing buildings shall be required to be modified from its size or shape at the time that it was abandoned by its public owner, except in a case where the public health, safety or welfare is served by such.modification of the structures) or 'of some portion of it. After the date of abandonment by its public owner, no structure shall be:alte•red, re- modeled or added to except in conformity with the following requirements: (a) No principal building shall exceed either 3k stories or 30 feet in height and no accessory building shall exceed either 2 stories or 25 feet in height except as provided in (b) The requirements for lot area, lot width, yard requirements, site area per dwelling, area of usable open space and area of usable private balcony shall be provided -in 8 -600 through 8 -604.