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HomeMy WebLinkAboutMinutes 12/06/1977DECEMBER 6, 1977 REGULAR 'MEETING 7:30 _P;M. CITY'GOUNCIL CHAMBERS'; 'CITY HALL PETALUMA, CALIFORNIA The.;P_lanning Commission encourages °applicants or their representative to be available, at 'the- meetings._- to ques;tions so that no .agenda, items. need be..de -to a later date.•.due..to...a -lack of .,pertinent information. PLEDGE ALLEGIANCE.TQ THE;FLAG ROLL: CALL :._ Comm,.Balshaw :.'. : Heart Horciza Lavin Shearer ;. Waite " . Wright �STAF -Y; Ronald i F:. Hall, Planning; Director:. APP:kOVAL .OF CORRESPONDENCE: " .CONSENT CALENDAR' Items appearing.,,on. the°: •Consent_yCalendar - -uril.l.�b;e ;considered - to be•routine by the Planning,.:.. Commission •:,.and.= ;wi:1]_:.be.�enac:t;ed by:one -mo ion;. -There- will be no separate discussion:, `ffies0 items: If' d' sctu'ssion"-is - desired;• - that item (or items) . will be removed from_the.CoAsent Calendar; Martin Knapp 1 E.I.Q. Evaluation- ..:and ,- S =ite Design Review of a- proposed to.be located at 5101 Old Redwood,;Highway Ned Foley. 2. E.I.Q. Evaluation ..and Site Design. Review of a proposed parkinvlat to, be located at '100 Petaluma Blvd.. North.,`' CREEK:S'IDE.:OAKS SUBDIVISION- 1. Hearing: to_evaluatei_the.:Envronmental Impact ` ('JONAS-.SUBDIVIS:ION) ..E..I.Q. Qiiestionnaire .for,the._pr.oposed Creekside EVALUATION./T_ENTATIVE.. Oak.s.-- .Subdivision located -at I Street and SUBDIVISION MAP.: Sunnyslop'e Road',. J C '2. 'Tentative Subdivision Map. ROBERT :COT.TON- E,.I..Q. 1. Public; 'Hearing.` to evaluate the Environmental EVALUATIOTJ. /USE PERMIT,:- Impact. Qu6stsonnaire, .proposed service REQUEST: station /recreation lability to be located at s` 231 Bodega Avenue. 2. Publ - Hearing to consider a'Use Permit request for the proposed. project. ... _ ... .. .�. .. � .. � +.. Fs aw,.%� ifh' .fit :•. t a .. w9.';� P:ETALUMA PLANNING';;` COIKMISSION `; •'' �'} : � �:. ,.r; �' J i f j Fr AGENDA �<< PAUL MASELLI:= E.I.'Q.� 1. Eublic`= Hearing to evaluate the Environmental_ EVALUATION /VARIANCE Impact,wQuest on.na re fora proposed,j'storage REQUEST, /SITE•',DESIGN Bard expansion into:..,fihe i0ar yard of ..'.the. REVIEW.e °proper;ty ,located.-at. 129 East'•'Court. 2. Public: Hear n`g.'to ..cons der' a• var arice for a' two foot's front, =y,ard 1 ' =' 3. Site De'si.gn,' <Re'vi'ew .conside'r'ation for the .proposed _pro -proj,ect.'. _ .. BETTY 'JEAN SMITH= E .I , Q . EVALUAT•ION/ J., 'Public , Hear. ng to . evaluate.: the •, Environmen'tal VARIANCE REQUEST,: " 'impac.t;:Questionnaire: for a :front °:yard "•setback - of zero (0),': - ,feet.. 2.,. ' . Public':`Hearing to,. consider �a var.i'ance':- request to allow a front i:yard.••setba'ck of• zero -(0). feet where. e eet: is required for ;an exist <in& -garage located "at 7:5 &..D'- (8th St,rOet side) ADJOURNMENT: 2. :''NOT ' "OFFICIAL UNTIL APPROVED WTHE 'PLANNING COMMISSION M, I, N U: T E= 5 ;} PETALUMA PLANNING COMMISSION ", DECEMBER ,_6 19 77' REGULAR;MEETING , 7:30 P.M. CITY COUNCIL�CHAMBERS; .CITY HAUL - P.ETALUMA, CALIFORNIA PRESENT Comm Horciza, Lavin *Shearer, 'Waite; ,Wright *A "rrived 7 37 p m ABSENT: I' Comm. : Bai aw, Head STAFF 41 Ronald F Hall, Planning Director APPROVAL:° OF MINUTES': °The m •nutes•' of the me'et of "November 15;. 1977; were"- approved, with the fol "lowing correct on.:' Page. S' Amendment Circulation - Element' of ` tlie General Plan " paragraph 3, should "read Comm. Wright asked if the project:- would be° limited.r to`-`tha't particular- lo' cation - or-.would - it include possi °ble,'loc'afons for'the freeway entrances and exits: CORRESPONDENCE: Letter, from Dr-. Robert` Gilber � t� dated December :6, 197,7,, requesting permission to be placed on the agenda �r regarding:a private street: to provide access to four . 'at West Street Lareli Drive lots located and Comm- .Wr 'gh't moved that this item be gla'ced "on-the' agenda. The motion 'was •seconded by .Comm Hbr'ciza. AYaES 5 ' NOES' O; ABSENT; 3 CONSENT' .CALENDAR:', " The motion. was ;made by' •Horciz;a, seconded b;y - - "Comm;.. Shearer toi."approve Items'Vand 2'. Motion_ was' carried unanimously: Item 1 Martin` Kn`a Ne at ve Declaration and Site .Design pp:, g Res...5.51'0' approving a restaurant, to` °be located at 5101.O1d Redwood Highway.'-' Item 2 - ° `- Ned'.. Foley - Negative Declaration. 'and :Site :Design Res;'. � 5 50.9., approv`irig a parki lo`t `to' be. located at 10.0 ` ; ° Petaluma Blvd. North-. ROBERT COTTON -E I Q.. Mr. ; Half explained the request: `by Robert "Cot'ton` for:' -a' EVALUATION /USE PERMIT proposed service station /recrea ion „facil "ty to be REQUEST:' .located at 2 Bo'd'ega. Avenue "The site is current'1 "g " t - :bezngr.used'as a serv_ce station. The recreation room - - is proposed to contain a small_- - candy counter and five :pinballl machines, two pinball machines n'ow .ex1st Petaluma C ay Planning Commission Minutes'; December''6 ", 1977 ;a ;ROBERT .CQTTON E ".I Q., inside the bi'ildirig. The, ex 'sating- se'irvice'• ;s.tatiori is EVALUATION %.U;SE PERMIT legally nonconforming 'with 'respect to parking, .access REQUEST and othetl provisions of th'e Zoning Ord - finance' and it'iTs�_ " �' u Contined)ded that the station_ remain ,in, its icurrent :' ., recommen _ - nonconforming status.. Comm. Horciza asked if. parking is required and °what the parking requirements'_ were as related to the Zoning Or- dinan'ce, Mr Hall indicated.that.,foot , traff c ,1 would 'be more prevalent, to the site than automobile 'that on,:a square footage basis; no more than one or' two ,pa spaces would ; be" 'r`eq :uire`d. Comm. Waite oxplrained that the service station.:w,o,uld continue as 'a noncoriform- ing and future removati:on arid, additions are limited. The Public Hearin was•o ened,t :o con'sid'er :the Impact Quest Hearing P ion= naire:: Robert, Gott ;on; owner` stated. ,he had pre oudly installed sheetroek °,in the servile "Station. The station i_s tl-osed at - 7..OQ_ p.m. and_there , has'' - b. no: vandalism since the station was opened. He' has taken.in $15.•00' to '$27`.00 a, day from the sale of: dandy., Patricia Talamantes _2 :Bod'ega,,Avenue, spoke in, favor 'of 'th'e proposal; stat- ing the applicant has . done: a good j ob;t in-'cle'anng up fhe" station. The chit- ten do not :debris on the 'lawns` and ; ,.. if so, Mr:.. s . Cotton make 'them clean it u p . A .W,a .Mortensoq, 11 Cader Court, asked if a garage w,ould. c'onsider-ed . , a, part of the station. services. Mr o Hal'1 explained that-,a garag is incident °al .to a' service­ :station and the combination. would. -no t :be detrimental to the,,area.. p.nba11 beeautemptation "s�hool childrene tatng the, ct s attending, the f^0' neighboring three t schools :; There is -a lo't.of :kid - ff- c and there is no .. sidewalk for' them to walk Basically this area,, is residential and he- would like to. have'it',,r'emain,.residential. Comm. Wright explained that the.re.quire went- would -be that the'pinball; machines would noa be avail'able for,public use after .5° 0.0 p.,m, and asked,if this would make-.a, d f,fer Mr,. Q_stern nd cated` -would still lie a bad. for c'h- ildren,' 'A resident of; 50;8- `Baywood, :Drive'- stated he was helping `Mr - 'Ostern with his' place. Cars, pulling into- :the: service saa,tion, would :slow ".up, traffic' on, Bodega Avenue whi =.c :h: would • be an asset,' on'the . fast graveling street: Mr,, '0'stern xs' - tryrn'g to make a living and he would like like to help him make a llvirig. 'Elmer Webb, 432 Baker Street, stated he would like to see • the app,licaiit�' make ,.a living',, Wit , not , at • the expense of the school children.,-The Bandy would be 'a temptation to•the, kids 'who would use , their lunch , money to. purchase•' the sweets,. Jer• ry Merr- ill , Park Avenue;' spoke with: regard to the'�safety of the. children.. He would, go along -with the project if there would be policing of. the trash, and precautions, taken for the safety' of the- children.. Mists Cunningham, Santa Rosa stated the children and adults both throw garbage on ground, There - would' a`bad influence, only if %t` is permitted Even ;if; the stations is not open, there will `be <traf'fic,, John Boyle., 358 Petaluma 'Blvd., North, stated that .Mr. Cotton was a- good moral - person and parents -iaould not •'have. -to, worry if their; children were in his place; of business The Public .Bbar.ing ,was closed, Comm ,Shearer stated. that child "ren would no`t, b e' stopping on the way` to• school ­ as the facility, would - not- be open ,until - 9 : :00 :a;.m.' She felt that children' :ne :ed , recreation and enjoy t- teats:; _' and .three_; additional pinball machines should not increase the •pres'ent problems Comm Wright stated that the. negastive comments were mainly regarding `trash being thrbwr o*n the' neighbors property;, He :asked =2- Petaluma City, Planning, :Comm ss'ion Minutes ,December .6 ,.1.977 ROBERT COTTON E I',.:Q. that. ,the;cond t.ion be clarified that the machines and EVALUATION /USE PERMIT., games would not be 'in.use between. hour.s''of 5::00 REQUEST: p.m, and 9.00 . a, m.. Comm..Horciza,..stated that the (Continued.) problems dealt, w'i'th.littering., and not with the p;in- ball, .machines and tie felt - the additional ,three machines 'w ould not , have.an impact; on the neighborhood. Comm. i LaVin s,tated'.the -real, concern-. -isl the safety of the child -ren • on: -the. premis,es Comm.�Horciza moved to direct the Planning Director to_ prepare and post a. Negative Declaration for;the:pro;ject., 'The motib was seconded by Comm. .. t Shearer. I AYES 4 NOES 1 ABSENT 2 The Public.Hearing was opened.to consider the Use Permit. Mr. Ostern requested-that the Valley Vista PTA.be notified q before any action is . -taken on the project. A resident . expressed concern. that, the use. of the pinball- machines, and With :the children gathering, on 1 -he,.premises�, ~V o:.uld create -an unhealthy environment the children. 'and-the neighborhood. -The• resident .on:B'aywood'Dr;iye..stated that Mr. Cotton .did not ,allow any rough housing or smoking on 'the premises and that he is interes'ted.in the safety and r'ecrea,tion for children., Mr: Cotton,inplied that - 'the Fire Marshal had placed a -limitation on 12 people in- -the building. 'The; Public Hearing was .closed Mr. ,Horciza moved to grant the, Use Permit t allow for a recreation room con- twin ng a snack bar and five. ,pinball. 'machines with conditions o'f; •approval as •� recommended the st&f -f, wi -th -the following modification. The .motion was- seconded by Comm. Shearer. �. AYES` .4 NOES 1 ABSENT.. 2 Condition 1 - - 'rewo;rded,- Th_e pinball machines And'electr cal. games shall not. be available for •public; use between the hours .of� five (5) •p.m: and nine (9) a.m. A maximum "of fives (5). such games shall on the premises. PAUL MASELLI -E`. L.Q., Mr-.. Hall explained' the •:reque_st by- Paul Maselli., for a EVALUATIONJVARIANCE 'two foot yard setback for- a propos'ed storage :REQUEST/SITE DESIGN. yard - expansion to-be located at 12.9_ East Court. The REVIEW site • is being used for the storage of metal• equipment ;and parts. The .property is surrounded -by s-in.gl -e- .family residential„ dwellings and an •adjoining •storage yard owned by..the applicant.: Access s" through the, rear of the,. site and -by way of East Court. Comm. Shearer s:t;ated', that ,:East . Court_ is a ;residential area, where many of the homes have be'en.re_modeled,., Trucks, from the! ,proposed 'site would be-usi-ng East Court two to: three_ times. a week. There is 'a major dr veway`through. the entire p'ropert:y., 'This proposal would give them access to another part of the prop- - e:ft'y .where ,some, large pieces of - equipment are,, store.'d: Comm-.'Wai.t'e . explained that t area is zoned '•light, industri. •and: therefore the .homes­ the non - �r . -3- 'The Public Hearing to; consider the Variance was ,opened:. 'No comments -were offered from the, audience and the •Public :Hearing' was. closed Comm.. moved' .,to, .grant: 'the two -fo:ot front yard' fence ^• - setback: 'The. motion -ways sec °oned -by. Comm.. Rortiza,. AYES 5' NOES 0; . ABSENT` 2. ' t Comm., Wright stated. that• if, the access• was by other -equipment', it :could.: a major point of .access Comm. Rorc z'a. stated a: Use Permit 'could •be required on •the. use ;of. the gate;, and he revoke.& if abused; . Comm., 'Wright. asked'show excessive u:ehicular •traffic on. :East Coiirt could be controlled'. Mr. Hall : • explained that a cond`itiom, could , 'be, imposed' whereby . the i s`e , would be revoked if• too, many complaints. were received.. Comm., Horc za_ moved to ,ap:p,rove, the site : .design far; a proposed ; storage yard expansion with.: conditions: of -approval -as, r:ecommended'. by' the .s and con - curred, with by the Architect- t -ural, & S•' .Design, Review Committee• with the following chnages. The, motion wasi second "ed - by, Comm•.. Wr g•ht :. ' AYES 'S NOES' 01 ABSENT 2; Condition 1 - changed -. The' use= shall be? access :1b'T,& 'toi vehi.cular..traf'fic :via East Cour ^Nest to, revocation by.:the Pl'ann: ng Commission; If an unusual; number of-complaints - received by the, City. Condition. _2 - changed..: Two `15 gallon Casuarina, Stria -ctg "Beefwo :" trees, and eight, 57gallon. Blue Rfit °zer Junipers, - shall be• planted` in. .,ftont. of the site as indicated, on Exhibit -A: All planting, sha =11" be permanently maintained' in good growing condition. - Condition.. ,3 changed All barbed w -ring on-, the', fence ;. shall. be.' .removed." within one (;l) year,,, unless.:otherwise,••appr:oved by the -City. Couq( -L. BETTY;, JEAN-'-SMITH Mr.. Hall- expl'aried the request of Betty Jean. Smith. for VARIANCE' REQUEST.:; a variance, reques ;t for a 'zero. (0r)' foot: if ront'. yard` set- back for a n • ^exl'- 'St =1ng garage; strUC(ture located on - the' Eighth. Street side of 758. "D" Street.. They one; : -4- Petaluma Clay Planning .Commission Minut'es'. Dec'embe -r' 6, 1',97 -7' PAUL- MASELLI E.;L:,Q<. The . Rublic. 'Hearing, was op.ei ed to •consider then :Env -l.; `. EVALUATION / VARI ronment'al Impact ;Ques•tonna• -re. Pau ^l Masehi own e'r REQUEST /SITE .DESIGN. _ ...-of the property., �st'atedi` that the-,fence •has - 'be'e'n - tfiete"J REVIEW:, about six months ,arid 'h ' has 'been used "no more (:Continued) than a dozen ^.timers i.n .six months: He `would•'need this access to load culverts that, would "be stored 'in the -rear po;rti.on' of 'the yard �Mr. Maselli stated he would . at :tempt.titd maintain the required land 'even'though•,there_ is -no Water at the- rear of the proper The Public Hearing `was clos'ed._ Comm. ,Wright moved to direct the Planning, Dir:ector'to prepare and.: pos;t'.:a Negative'Declaration for the project,. The motion. was - seconded by, Comma.-. Horcza -. .:AYES 5` NOES 0 ABSENT 2 'The Public Hearing to; consider the Variance was ,opened:. 'No comments -were offered from the, audience and the •Public :Hearing' was. closed Comm.. moved' .,to, .grant: 'the two -fo:ot front yard' fence ^• - setback: 'The. motion -ways sec °oned -by. Comm.. Rortiza,. AYES 5' NOES 0; . ABSENT` 2. ' t Comm., Wright stated. that• if, the access• was by other -equipment', it :could.: a major point of .access Comm. Rorc z'a. stated a: Use Permit 'could •be required on •the. use ;of. the gate;, and he revoke.& if abused; . Comm., 'Wright. asked'show excessive u:ehicular •traffic on. :East Coiirt could be controlled'. Mr. Hall : • explained that a cond`itiom, could , 'be, imposed' whereby . the i s`e , would be revoked if• too, many complaints. were received.. Comm., Horc za_ moved to ,ap:p,rove, the site : .design far; a proposed ; storage yard expansion with.: conditions: of -approval -as, r:ecommended'. by' the .s and con - curred, with by the Architect- t -ural, & S•' .Design, Review Committee• with the following chnages. The, motion wasi second "ed - by, Comm•.. Wr g•ht :. ' AYES 'S NOES' 01 ABSENT 2; Condition 1 - changed -. The' use= shall be? access :1b'T,& 'toi vehi.cular..traf'fic :via East Cour ^Nest to, revocation by.:the Pl'ann: ng Commission; If an unusual; number of-complaints - received by the, City. Condition. _2 - changed..: Two `15 gallon Casuarina, Stria -ctg "Beefwo :" trees, and eight, 57gallon. Blue Rfit °zer Junipers, - shall be• planted` in. .,ftont. of the site as indicated, on Exhibit -A: All planting, sha =11" be permanently maintained' in good growing condition. - Condition.. ,3 changed All barbed w -ring on-, the', fence ;. shall. be.' .removed." within one (;l) year,,, unless.:otherwise,••appr:oved by the -City. Couq( -L. BETTY;, JEAN-'-SMITH Mr.. Hall- expl'aried the request of Betty Jean. Smith. for VARIANCE' REQUEST.:; a variance, reques ;t for a 'zero. (0r)' foot: if ront'. yard` set- back for a n • ^exl'- 'St =1ng garage; strUC(ture located on - the' Eighth. Street side of 758. "D" Street.. They one; : -4- 1 Petaluma City Planning Commission-Minutes, December 6; 1977" BETTY JEAN SMITH lot is impro "ve& -mi.th a single- family s.tructure,.a VARIANCE REQUEST: carriage:'house and•shed,,a "storage building and a two (Continued) car garage. A parcel map was submitted-to create two lots out of the one acre parcel.. j The ,Public Hearing to consider the variance-request was opened. Clyde McCord., Westgate Realty, representing Betty Smith, state'd,.the 20 -foot strip of land on the north side of the property would-not-be used as this is under another ownership.. The; •fence - would• have" to be removed or lowered to 3 feet. The garage door would be reversed and Eighth_Street would-be the entrance to the property. At the present time this property has entrance from; "D ".Street° •The.people plan!to make extensive repairs to the carriage house. .I Art Parent, owner of the neighboring property on,Eighth Street, stated the property is now a nonconforming use and now is time to bring it into con- formance. He indicated there was no can"vasing in the'- neighborhood about the propo ;sed project. .David Michael, 28 Eighth Street, stated that the is not aesthetically appealing All the•property on Eighth Street have 25- foot setbacks. It would-be beneficial to the neighborhood if the garage were move&,b_ack 25 feet.and the applicant would-restore the carriage house. Mrs. Ear1 1.20 Eighth Street., stated her main concern was what would happen to the property and what the .applicant intended doing with the building. She asked if the carriage house would be brought up to City Code. Mr. Hall stated it i's a nonconforming, building " the.present "time'. To make a change to the.• carriage house -the building would have to be brought up to City Code. Access to the property would. -be by way of Eighth Street garage opening would. be changed for an' "L" shaped access. Mrs. Wilson-stated-the property has been a "ing•use_wi.th the rental of-the carriage house, and she would like to see the property upgraded and the "garage moved back. Hal Bender, 101. Eighth Street, stated he would like to see-the-carriage house improved.. There is n6 an,entrance- could•be provided to the . gar -age from the Eighth Street side with the present layout of the garage. `Mr. Cord stated the•drive'way would-be via Eighth Street. The people are planning on- remodeling the prop erty all the way from the foundation. The Building Inspector has looked at the property and the•applicant knows what is required to.improve the property® Mr. Parent stated•that other garages are -set back ,25 feet and if this garage is left.in its present location, it would not be an. improvement the neigh- borhood. Whether the garage is improved or not, it should•be set. back. Frank,0'Donnell, 102 Eighth Street, asked if the applicant would be required to improve the property. Mr. Hall explained that there is a need to-bring the carriage house up to standard; there is no guarantee, but there is an intent. Comm. Shearer stated there are other in the neighborhood the garages. are .located close to the - street. The Public. Hearing was closed. Comm. Wright stated that this' is not a condition inherent.in the property. The hardship is created•by the applicant.and does not meet the condition.for a variance. The lot Is too small-to fit garage: Comm. Lavin stated the problem was there.is not anything unique about the property which makes it different from any other property. Comm. Horciza expressed concern regarding the number of older homes'.nn Petaluma. The City is encouraging people to update their property. There has to be some allowance for those who want to remodel these homes. Mr.. Hall explained the garage was built several years ago, and may have been located according to Code at the time it was built. -5- Petaluma City Planning Commission- Minutes,. December 6., BETTY JEAN 'S" Comm. Wright moved to' "L..'' S M I TH'- deny the variance r The VARIANCE REQUEST:. r motion * was: seconded by Comm. Lavin.' Wi t: (Continu ed) AYES 2 NOES 3 •ABSENT,• 2 The motion,died -for - the lack of a majorit Jori y. Comm. H stated -that. these older properties are unique Sote­oif the- rules ,should be f lexible to- renovate' the older hoines" Comm. Horciza moved to approve the'z foot front yard setback for the existing garage. The motion was seconded by Comm. Shearer. AYES 3 NOES 2 , ABSENT 2 ROBE ' RT GILBERT- Mr.,Hall 'explained the request by Robert Gilbert' for a PRIVATE STREET pr ivate-street to provide. access-for fou to a public-street for property located-at southerly end-of Larch•DriV There would - be a 66- easemerit• anglin&-thr'ough the property so.that right-of-way the , property , wo.uld be set aside for' -a future street. This is pant of the conceptual p lan Ian 't6'.provide a street system. Th& Lots•2, 3 and 4.' Comm. ,Shearer asked if the trp �es!.would preserved , and.how - the ;road rwo,uld through Dr. Gilbert'stated the road-would fit terrain .. and woulCnarrov.'at';on6 point where the trees are, * but trees would be �._ 0 Comm. Wright asked if a private § tr6et dgreefnent would be dra'wri up by the City Attorney. .Mr` Hall stated A-privAte street agreeihent.'would-be',furnish6a. Comm. Wright Moved to recommend approval of'd private street at -th . the southerly end of'.-Larch Drive to the-City Council. The,�motion was seconde"d by Comm. Horciza:' NOES 0 ABSENT•- 2 There being no.further business, the meeting was adjourned at', 10':10 p.m. 'Chairman