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HomeMy WebLinkAboutMinutes 12/20/1977�. N' U T'E .S PETALUMA PLANNING'COMMISSION REGULAR.MEETING �?; :,, �.' r {...., DEC 2 =0, ,19:77.. EMBER „7 30 .:P M CITY COUNCIL CHAMBERS, CITY ;`HALL' Y PETALUMA, CALIFORNIA_ PRESENT Comm.. Balshaw,.Head,, Lavin,, Waite, Wright, ABSENT: Comm: Horcza; Shearer �. _. f Ronald F. Hal'1,,. Planning; Director STAFF: APPROVAL OF. MINUTES: The':minut:es, .of the meeting of December �6; 19`77:, ; were r. approved as corrected. 'Page Paragraph, 4:, ; °add, Comm. Wright mgvedto grant the 2- foot- "front- ya ° rd fence ? setback. CORRESPONDENCE: None • J CONSENTiCALENDAR consen I,t was the get sus .that the,foTlowng items g _ j be removed from. the Consent Calendar Lace House •Linen Supply=, !Inc: and Christensen ; & Foster. �. LACE HOUSE.LINEN Mr Hall ex t request;, 'by the Lace 'Ho Linen SUPP =_E.I Q, Supply f EV or. a proposed ad'dtio,n : to �tteir :building to " ALUATION- / SITE, cared -at 128 Liberty Street The site -is being used as DESIGN iREVIEW: a linen cleaning ,bus neM3 .sand .the pronposed addition is, existing de�elo went, t be used-4or the,. storage and 'loading of linens. The includes P the linen supply building,, accessory .overhead . er Fre structure's and a small old two story home A lett'ceived from, the ,Chamber: Of Commerce; dated" December 20, . 1977,, was read which ..requested that the con= dition 'to relocate the ; lstor;ic house be removed ..as a, condition of Site .Design. Dick Lie b of °Lieb & Quaresma, representz.ng the Lace House Linen ,Supp'ly d- played a, map showing the architectural,- design s of the building. He, indicated that. the existing Magnolia tree would remain, but. that; ;the house in. bad-,,. uccen and the --- loor'was rotting away underneath.• ,He stated° that, numerous, unsuccessful, cond to isful attempts -;had been made to °find, someone ' wil -lin" g to move this hou but to n se:, o avai=l., He did not w.ant.-the house advertised in the local paper as. this could be ;a welcome mat ,people t o vandalize the property. Mr - -; . Lieb!'T felt the. 45 -day period 'to reloccate'' douse ,had ; been inet ; and this;' condition b. should 'e removed The Public' Hearing was `closed': Comm. Lavin stated 5that� "4'S day.§ is 'a long time, but so i _ tme perhaps.., 5 days, should be designated,. Mr. Lieb stated that all the. valuable: items such as the staircase -, s,ta rwelI and light fixtures, have b "een fspoken,for. u The building:, is presently being used' to store `linen's �' Co .Balshaw "stated 'that input ;had been submitted' "from,?an accep source -that the house had been on C ;the market: omm Head stated he did not like to'' °see . old buil'din" torn 'down .but if no, one in the community wished to claim the building, then the applican- t,would b.spin- ning his1 (wheels in advertising° for '45 day`s Mr Hall stated 'that;f the e Chief Building, Inspector indicated it" would be a disfficul ob to move tth e building.. J' Petaluma City Planning'Commission Minutes, becemb:er,20, 1977 Comm Head moved to direct the Planning Director to'prepare'andrpost a Negative ` Declaration for the pr " oject with the finding that. Item 4i4 of the E I ^Q Evalua= t ion was no - Tonger' a valid 'consid`e'ration. The mo Z YOn :was 's'econded : by , AYES ' 4 NOES ABSENT 2 N Comm Head moVed''to approve the s`'te :•design `for ; the proposed project with conditions of - approval.as .recommended 'by ,t &",staf,f and° 'oncurred, the Ar.chi.tectural & Site • °Design %`Review 'Committee with, the . change: ' The' motion was seconded''by 'Comm. °Bals-haw. 'AYES 4, NOES - 1 ABSENT 2 . . Comm. - Wright stated'.•he °reluctantly voted -aye to. approve the. project, as' he ' agreed with 'Comm. Lavin.„ CHRIS.TENStW 46STER`= `Mr. ?Hall `explained the request by lChristensen�r& Foster E.I.Q. EVALAUTION'/ for proposed alterations to the Cal=ifornia Cooperative. SITE ..DESIGN yREV.IEW; Creamery structures at. 611 Western, Avenue., Improvements to the'buildng include roofing and siding , al`t :erat &'i s.. The ',design of °the exi sting plant building is,. such; -chat lit- lows for noise generate' by , machinery t'o be `hear=d, by residents. living - on the abut .• ting par;ceh.t This, problem :could _be stib'stantially mi- tigated,� by 'the .comple,tion - o -f an :existing coneret'e blo`ek �wa1 wfi ch' is ?,partially cons:tru`cted between the two ,par.'cels',.: The Pub'li`c - Hear "iri'g' was. °'opene'd S to ,cons d`er . the Environmental Impact :Ques.tion= nar -e. ,.. Mr. Webb, :4'32 Baker Street, .stat the .,applicant •should also ,cgmply; with State' of Californ d and; the EPA re'galat ons 'relating to safety precauf oi9s. against gas ;leaks' ' •A• gas meter'- is located next to hiss fence;• and ,lie requested that the meter :be checked r=egularly for leaks ''Mrs .Webbb;. 432 Baker <3iS reet�, stated she would ike a brick' wall; and :not .a' plywood' fence',nstalled Chr• 'is 'Chris;t`ensen,,.- representing the Cre°amery,, stated':,the. owner. agr.e'ed, to - .pro vide a "'12'-f 66t 1 high concrete` brick wal-1 ry The compressor is �bei.ag; ;moved , - another- -pfdrt•. of the bu l °ding will reduce • noise, level.. Ralph •�Saf tort, Coo "peiati -ve C`re'amery,• 'stated' a -new comp'ressor. had,lbe'en ordered': dnd ",would.- :be - ' lo=cated in • the cedrbtral part of 'the new' plant-;, about. 75 feet; from the 'Webb residence:^ '.The :Public .He'aring was closed: Comm. asked if the, City °staff would nves the, unsafe gas ,condition. and' noise ewels; ''; Mr ,;, Hfa11 `s i; -i d that the• appropriate .Cit=y ,departments "` coul'd'�" check .into these`satter Comm Head asked +;that la fre'shS look be' made.: to pin .: _. point . -these discrepancies, - Comm: •4Laviri sta that safe. condi ions, should be . r . insure'd'•, Coirim. ''L =awin. irioved to direct the Planning Director; •to • pr'epare and post. _ a "Negat; ve , b'eclaration for the pro�ec'f ": The, moti=on was s'econd'e - by Comm... Ra`lsl "aw: _ AYES 5 NOES, '0 ABSENT 2 T,etaluma City Planniiig Commission.NLinutes, December 2 1977 Comm. 'Head stated that' -wastewater: from the ope should ,4iot . into the -.Christensen',- stated _t h e � rtr' � 9require(I'to be . Z 11 -...e,e plante& along English and Upham Streets would wimpair the visi'otr:of' and create a traffic hazard: ' Mr. Sartori, explained that the. Creamery had to 'bepattment o, - f Public Health. regulations and "they con- y the State abide b were cerhed", that, bird d-toppings f r the ,trees which would ';toritamirf tes ,the -milk. He suggested a low ground, cover - such; * as junipers' in' place ,-Pf . the tte-es. Comm. Wrightl Istated. he liked trees and would rather have. the -trees th . an•.t he b ushes F Comm. Wright moved` .t6.:approve*,t-he;-site design for? the propose d-pro'dct with conditllons,. of 'a' ova Os�,-recomt&hded by the staff and., Archi- pp-.r-_ y tectural & Site Vesign Review, - Committee .with' `the .Condition #2,-.. amended to = Landscaping shall ,:be provided in.-areas speci- e d o Exhi bit-Ain a manner deemed appropriate by the Plani:i.ing.Director. Condi-tibn.43,. changed, to r eAd.. 7- & pattially complet ed,concrete block wall-on The he t t side df , the p laftt,'� ilding, shall be, completed -with concrete block in t U-1 I a manner deemed by the Chief 'Building lnspe�qtor to adequately reduce t he sound emitted from machinery in the building. Condit #7 adde&tP read: The maximum-sound pressure,level•,radiate'd from the.,,subject use shall,,be in accordance -with- -the pr of the City'Pertor- mance, ' S1 , tandards (Sect-ion 22-301). Condition #8 ­kli exIstxifi%g, afid-,future drainage design ,.shall be made -to conform with - Chtap ter 70 1 of the Uniform Building Code. The motion was... seconded - .by .Comm. Lavin. AYES 5 NOES! 0 AB SENT 2 WAYNE GARDINE REQUEST pl ans. parcel after indicE requii requii addl-tj niaerir 18 f tha . t il of the. f avor- i977, URSULA kt.t Hall explained the,, Wayne and Ursula R-VARIANCE Gardiner, for- ian variance -from the -required iminimum frorit.-'�yatd, . setback f6r addition to 'ta the residence located,, La Cres -Drive. Site Dr,. ;the addition- were originally - I submitted without the benefit, .-of a survey-. the pl ans indicated a kront yard, Qf :30 - f eet. The was -approved, on •qL77, and construction ._began shortly P there- '*t-. atcel surV� -.�the s i - e; Both surveys ad that the front property line was -at the most A. (aert, short of the 1 18­6 fo6t'setback. Because of this inconsistency; theapplicant.was I to - 'apply, for a. variance .,Or, to •Xemove -the -front "POrItIbri of -the a. , A survey, cbrid the site by John* F:Etjzglarald Q.f'. feld, S,eryices, estiiblislies the, required minimum= front_yArd, setback at t addition almost. additio almost. tomplebdl- blo cks. a p anoramic view. . df -the C ity sideftts &'f. the ��home. to the, left * previously hAd.'the,`be'neflt of �enjf`oyin'g.' the, -le gally ,situated portion, of.the addition: blocks .: the g majority Aw." Letter: received from Adolp l Schroeder' -dated 16 1977, 'in ,Schroede E the variance: : Lettef'_­received -from Anita Solomo.n December 16, rotestin ,g, variance! L6tter.receive&'from Du*ngari, dated Petaluma City Planning .Commission Minutes.' December 20,, 197,7 December 1971 disapproving of•variance Letter from',Fred Matteis dated December 20,,. 1977, -in opposition : °to. Gardiner variance. The Public . ,Hearing- to consider the, Var ance,,request -:was .o ;pened. Wa -lt ;er Minogue_, 2 Manor Way;, opposed !granting the variance;- .in what t affects' ;the view o'f the neighboring 10 t Brian McCarthy,. ataorriey :,far :Mrs Brazil .`stayed the :people in the, ,area- are..concern4 because -it is `an imp rkant ;'matter Rand' pecple•will. be hurt. The: ar.chitect.mi:ss.ed the „ setback.by 50 %. ThisL was known-by the appli cant, but no application for a variance •had ;been .submitted If this building is allowed. to be. built:; it. .will completely block the-- °view o :f •;Mrs. <Brazi'l. -.The applicant received: "several, violation. noaice:s -from the •City 'to (stop the °wo,rk ; .he did not , .stop , work; .nor: did he - apply :for' a variance `It -i:§ -clear that �th.is building:cou'ld have been bult•in ,the, rear of the property which would allow Mrs. .•Brazil. to 'at least - sa�lvage the view putting in a corner window They could; have b lt..f;ur;ther back-and, still had the 'same 'amount: o space., Ia is a very substantial detriment to the..adjoining neighbor Comms Head 'asked if the Brazil -house••was within the .T.equired se;tback r.ement: ,Mr. ;stated ;the r Brazil .house ;-is. located' f,urther'back':' B'y• averag-ing `these houses you come. up with a violation of 4,.6 feet;.o } David Birenbaum, attorney for the. Gardine'r,s,.stated when client; began - the p'rojeot ,they: `had no - ordinance or .rule for building the str-uctiire The court denied Mrs.. Brazil's request 'for- a prel'iminary",irHunct on: ;- Therek'was• subs ah- tial "building .done before 'his client was ,aware that a variance -was: r.equ:red: They are asking for a 42- foot setback. To remove the present building would be: a substantial-expense to his.-client. - He „indicated' that -the setback�averag- ng:, should have been ;taken ,:on the same :block. front -ing the house :in 'lieu; o:f the' frontage' of the corner property, around-the on- Manor :Way. Comm. Wright stated that the Gardiners continued to build after being given'notice. Mr.. Brenbaum stated the .work done through June ,was substantial and if ; ,the work had stopped at this time it would, considerable money` to remove.>t- A letter''had been .received from •the Inspector stating they `may be i.n' vio ;lato "xi. The architect indicated' ;they- .had'' ample footage,: There• h_as been no a;ttempt to violate any laws: o,r or-d'nances :Comm:. Balshaw =asked which numbers were ;;used•,to - establish. the. setb'ack,requirements.. :Mr:. L eb explained, the set, back,. of the corner. house ,is :10 feet from - the. property line to the. •wall of• the house, ,a figure.givenby the Building Inspector.: Brazil''s setback is from l8 _feet to , 20 feet and_ if an average, is taken . of 10 feet and.:.20 _ fe'et, yo come' up with 15 feet. ' Comm _Wright, felt,.that ,tlie City At',to.rney should •have* been present .to. interpret ;the code• relating to setbacks ;e . He. asked .how t'he . City,,, ' Attorney arrived at his ,decision ,and if th.e Commis,"son :had to abide. by, his:. decision. (Noted, -' Hall left the meeting to_, conta`ct.,°the-City'.Attorney.) Mr. E L_arue,, 5 Sc,eni.c,Wa y otested_- the'- varirance oii •the .gro:unds ohe. would. .p r like. the• thing'happening to.;him, and- ,l'ose his view'. Richard,,Anderson'32. 'La Cresta,`Drive, favored t:he � anc6, -, stating the °=`fact of , ;the vlew-.'being; .) 1. blocked •is .unfortunate, ,but. the ; applicant .shoul:d .not , be.•deriied the reasonable use of : his lot: , ,Susan Hall,,: 24 La Cr ..Drive,,, ,favored the_ va-r- iance,. stating it• is not valid xo. restrict; this. ;family arid'` their- -privilege: should. no't. be , denied. Richard L eb z f,avpted , variance. ; , stati ng 'the front yard is" 'very steep :The., j',ob •was_done „with the, benefit i'of• a• survey... Averaging is �.a'.verya impo.r.tant issue:. Thi's averaging should also be..available,. to angoner who needs; 1 . 'Some of. -the :_homes are l.2 or 15 feet :from t'he ,edge =o:f .pavement,: This is;, p,erhapsy not the only home on La Cres ;t'a, that has had a variance. Comm. Wright -4- N Petalutia it �lacnfiiftg Decetboar­ - 1977,.. asked. why the construction, , couid' .-Ei, thave been d I one to the .- df • the home . �_, �1_ - '[ - I - - n t ;been - 1 tear 1 1 � the - M r. tieb, stated it 1 important'- that -the r, "remain, - i` - �aa ; 't is the - , most -I evel' ' rea i play area the - asked'if spot for a jor c�ildten. _Lee Buftd'esen� J1, Sce nic her -,property c611ld protected as t-o.hei.g4t. Comm- Waite stated -she would be protect e 7building .�hei d-,,-.o but -the ,Zoni.ng,Ordinance.,, not address itself to protecting yiews, Comm. ."Head. stated the i& only interested incomplete lete complidnce the c kl , Zoning Ordinance. The 'T _ar-_1-pgwap closed. Mrs. H411'informed. ,the C .. ornmissibn that the City Attorneys could not ;be However, he ; as's " u'me'd -tha't the , ,City Attorney -had •based his >ruling on :the -ord - hiiilce�,definition _f ff' nt 161 'lines, as follows In'the,ease •of an interior lot, a"iine s6paral'ing'" the'­ - 1 s' il d l ,fr the s ..An the •Icqse.,pf - a corner lot,, 'a ;line—,separating lotfr'onta'ge',of the.lot. --from the Comm.. Balshaw stated, "the La . side should ' be. used, and not. the •Manor Way side Comm. Wright st,atedz- frontage on the street i0,.qqe.& should , be used and not the. property aro .­the cornert. Comm . 'Lavin stated La Cresta' is wh" the 1.r1* b9fi t ;p oint • f rom w h measure,. • 1- 'f � we find that La 'Cres,ta,,is the basis, e" n s,,re Ul t h no. variance Comm the' Commission should'.make - i their , f indings and *forward: same' lto the,. City :Couficil.- Comm. Head moved . to g-r,aht the Variance. to, allow . f or the: subj ect building- addi- tion to be completed, in -its­ existing, location based •on-�the four f indings re- quire6 by the Zoning ,0 r dinancet,,, The motion was, seconde ­ b C omm. y Wright. AYES 5 NOES 0 - "SENT 2' RICHARD H E-7 E. I. Mr. Hall e x p lained the -request I O Y by—Richard Hoey to allow EVALUATION /USE P]ERM'IT: for the nstruction. of -'s defo:ns -martial art classes from'A, single-faffi -esidence located at .317 Eastwood Drive He wished permission, to­ continue these. classes for the training -of law enforcement personnel and. private .0 . O ver th'e.pq 3'years, Mr. Hoey has conducted self defense -classes ih -Karate and•other martial art- n d is c i ii es , Ae P ..RDepartment ,etalumaolice - the CHP, the FBI., and , I , P i to, members . ol f i other �ndividuals residential garage. : The applicaiit-conducts these. c between the hours of 6:1D0 and 8 9O on Tuesday, Wednes and Thursday of each -wee 'k for': approximately- 15. individuals each-•meeting night. A - I - t ot a 1 of 28 members o'f, the Petaluma Po'lic Departmerit%and 20 'individuals are participants. Letter received from Elter,'Collins',, 216._Eastwood,: Drlv.6,�.. dated •December 19, 1977 recommending approval of the Use Permit. The,public Hearing was opened•to consider the Envlronmental Impact - Question - I re nai No comments --were ,,of from the L.audience ,and the• ,.Pubiic was t Comm. A tive, D( T Ful Easiwo( in the. I right moved to direct,. the PlAnning'.Dixectbr to prepare and post a,,Nega- claratiqn for, the Project The motion was iseconded*-by'--Comm. Balshaw. AYES 5 NOES. 0 '.ABSE 2' lic. Hearingwas opened to the' Use,Permit.- George -Howard, 313 d D•ive,., questioned , the ,.legality, pf,,Kung- I Fu, tlas.s'es • With a. rumpus room back, other.classes. as painting and art The room -5- 0 Petaluma City Planning Commission Minutes ;'Decembe'r 2;0, 19!7 Z` was originally ,c t onsructed -for a rumpus room The nez_ghbors objected to'•park- �' { ing. Comm. 'Wright asked if ,he had• been b- othered by cars .,in - ' the street.:, Mr.,' Howard stated there has -been no problem, with parking: no -, Hi , ob,je'c ion s'� the construc.t•ion of the rumpus -room =and, its use. for Karate classes. Comm. Blashaw said` it was�'la'i `undersaand ng that a Use Permit. is to' control the use-, that s one prop.e•rty cannot be- a detriment to a neighbor; and" is . subj ert to, a continued review: A Us'e Permit, dose's , set a precedence for-, a. neighborhood♦, .but •:it is not a permanent :use. Comm: Head asked why Mr. Howard felt the ..,rumpus' -room would 'b.e used f "or•other purposes Mr. H oward, stated, his'wf`fe,.ind�icated it .might be:. use:d for mar' art classes; Ann. Howard; 313 E'astwood�Drve, : .atated she• did no obj ec,t- 'to the Resent . op'-0-rat-ion bit .would obi ec 'if .it° were, used, as a-.-school three nights a week. Mrs. Howard added that Mr:.''Hoeg 'd'oing a'j'ob,. service ' and 'this type of service. should be ificox.porated' in. 'a school, program' and' no`t in a rieighbor'fiood•. The 'program has 'grown from, one to three - nights a week and has, a-°total of 48: partic- ipanta. ' R "obexf Murphy, - Petaluma'Police. 'Chief ; )stated there had been no complaints received by the. Police' Department. Comm. Wright asked' if this is an off c' al or voluntary program.. Mr. Murphy expla ri_ed that `this is a voluntary and the �instructorsh ., s 'volunta,ry.' Mr., Hoey, 'applic'ant, stated he :has lived at 317' Eas�twood''4Dr ve, eight, years, and had 'started. c =lasses about 4 years ago. His ,time: is 'donated.'and his motive 'is' to train law;enfor,cement officers,. He - ex - plained ;that martial art' is A- religion. He has' . a blaekbelt in Judo and •°Karate His Judo training was taken .:in Tokyo and he `has taken Kung-Fu' from chinese culture, for th'e,'past '15 years , and -is still taking; .lessons. -He' had-ant 1 15 �student_s : at one time, - but: gen erally there , are 1 8 or 9 students.; He stated that if the state. �w.ould sanction. 1 1. his prog=ram, `he anticipated they would furnish ,.a place where he could offer ' these serriees',. Debbie Guide t, 312 Eastwood Police Service Aide, stated the .program is very beneficial to officers •arid - the fo'r-ce._.', There have. no problems, wi:'th parking, and no. complainta . have, been rece'ive ,abo,ut the classes.. David. Swallow., ` who .has••'been,,with'•Hoey',fo,r, over 3` years a'tated`'Hoey has donated his' time. unselfishly and during this `time he has not , seen Hoey' accept" any" renumerZt Ilon for his services. 'Ron Heck, G lr x Street, W ; part e#ant o -f the classes:,' saw no• p;ar "king pro,bl,ems; The Public, Hea=ring w i eloa,ed." Comm `Head , stated he. ?did no`t understand the intent - of' the Use 'P'e'rmit for this s;erviee. . 'I'f' -a precedence is set' .'in which' a. Use °Permijt is required T group activities, then Use. Permits .would have to be issiued for Boy S co,uts ;and other' group aetivi:tes;.. These .peo are Hoey's ,guests and there should, be no restrictions -on how' many people' are' `invited to' 'his - house, Comm Wright., moved to grant ' Use Permit to allow for the instruction. of t'he' addition. condition's of 'approval as recommended by sta ff wi `th' martial art glasses with.con .motion was s'e.cond'ed' by .Comm., Lavin,. Condition, add. 7 'The classes. shall 'be' limited to a. :maximum of 15� students. ROBIN PIGGOTT: E-, I.'Q,. Mr. Hall explained• .the request by. Robin Piggott for a EVALUATION /USE PERMIT/ proposed nursery, day caste c enter to,allow.fok a maximum SITE DESIGN, .'REVIEW: of 14. children • to, be located . in an 'R -1- ;6 zoning district at 132'1 McNeil avenue. The is prapert.y '6p0' feet wide and', 100 'feef'. dee° h a :,91f ngle family' resdenti�al structure., 'the r~ p 'with rear yard s� approximately 50 f`ee't by 60 feet.; The property is• acce'ssib`le frog, South McDowell Blvd, Children will • .be dropped- of -f at the center between the' ' -6- Petaluma. City Planning. Commission 'Minutes, ;Decemb:er 20,,, .19'.77 r hour`s of 4 00 "•and, 6,;00 •p.m Letter from Essie Archart:, 1326;. McNeil.Aveiitie, . dated, b, c ,19, "1977,. opposing t_he nurser { y. day. .. center L`et;ter from Ver -non Webb, dated.'December "20 .1977, objecting to gr;an�ting of Use Permit. Letter from Leland,;Mye- rs,, 1311 "D" S4treet, representing the Petaluma. Inn, dated December 19,, 1977,.pxotes,tin'g: use "of. property as, a, day -care center., A petition. with:approxima`tely ;24 signatures, protesting d'ay' care center. The :Public Hearing was, 'opened to, consider the.Environmental Impact "Question naire. '`Mary, Yenik,,. opposed. -the , project . stating, .the ' tra'ffcr would be, increased and' there would be too much `noise from the children ' A :yard -used ; continually by' children would ' "not r,e;tain 'a ' good appearance A, resident on Rancho Way 4 problems from thentains an mmacu l ate Eaglee 30.9 there. should raffiP noise y ; center Coronado be no t stated the a licant cur.rentl mai Drive, opposing the center, stated 'with more :cars- entering departing the, center it would take amore time for the ,present .homeowners ,to get onto McDowell. Blvd. Robin Piggott, applicant,; stated' she had worked with children for the .past six years. 'She asked �tha -t, she b:e.,g ven -a, chance, to continue her business. The landscaping on the property.would"be maintained by Mrs. Piggott. Basil. Scott, 1312: McNeil Avenue, in o;p,pos 'tion,; :stated the basic .problem would be„ the added tra fic'intersectin,'g an _d'cr- ossing,McDowell. A persori•having a day care, in her home is one "thing;, but :a private: ,business in a ;residential area is anotherd ssue. Herold-Mahoney, Petaluma Inn, opposed the project, stating this could be!- consdere_'d spo`t'..zoning,, :wherein a business would b °e permitted, in a res dent al',area ; The Petaluon -f hh -ha s. h a d r of -'Tre proith vandalism. f'e ' ing erty. Many of the would be 6 to 8 rooms fac travelers sleep late, ; and,arr.ive' during the early hours of ,the 'morning'. A school o'f this. nature wo ,detrimental to the , oper,ation- .,df';the Petaluma In clo n. The Public Hearin was, g sed ". . Comm Lavin moved to direct the Planning Director :to p,rep;a're •and post a Nega tive. De,c'laraton'f;or the project ..: Thee motion was, second by Comm. Head. AYES 5 NOES 0 ABSENT: 2, . The Public "Hearing was, opened to consider the Use .:Permit. Mr. Mahoney stated_ that, _th'e normal' cheek, .out time fo:r the Petaluma Inn .;vial 'aro,und.:noon, and under certain circumstances, 1:00:p.�m. Richard Piggott explained the outside play time.- .f the children, was from 11:'30:to'12 noon ,'. :Mrs. Piggott stated that the-. average age of� the children .4as from : four to five years of age the oldest would �be' third' graders- ,.,eight ,and nine ,yeas g olds.,. She, - further . explained that they" purchased. the ;pro:p;er,ty 'on, McNeil Avenue. A' resident�.bh� Rancho Way ex'' pia ned',that there were day care and nursery schools 'loca'ted .'in other- -resi -- dential ateas - in fle.City Herold' Mahoney explained. "'that he .day care center in_ the high school °.:area adjoifis.-the school,. and this projecf is °obvious 'y a. business. The', distance, the back- fence_" the,. Petaluma, Inn is mately, 8 ;feet'.; Mr. Scott asked if'' „the proje,c 'req;ui'red' an environmental impact with fhe additiorial•traffic :on "McNeil and McDowe.lL. Comm. Waite= ; exp'ldindd that a Negative Declarat on'had been. filed for the project-:. -The Public Hearing was. closed.. . Comm. W,right stated the area too: con - fined.- f type o'f project; it is not:used`'in conjunction- with,a residence. He. was .opposed t_o- the .prope,rty being -7 Petaluma City Planning .Commission• M nu 'es;; - Decemli':er'2'0, 1 =977 vacant -at ni ht and im the, 'ev enin - Co mm Bals' thesve busgnesses in residential ,ne haw stated ,i there are a. number, of , g stated there is one_ in his ghbortioo } ds', he .was no: t aware of it i Comm Lavin.,. - - :;neighborh'ood, t bu L is a. residence,: °as well He was' in favor' of the center and b.,elieved- it would :be a good prod ect He did' not ,'Pee. any risk in going . ahead- :with" 'the •Use Pe=rmia °and. review -ng I t at a later time.. Mr::• Hall explained that 'day care - centers w h'sx'o'r less . t . children • are :exempa • f rom City and - County Zoning 'laws . - Comm Lavin moved to grant the Use Permit to allow for a nursery'day 'care centee. The r with conditions; of appr- bVal recomimended by staff` with the fallowing ch an'- motion was seconded b. Comm Head Condition X61 changed.,tq read" �The-•U se Permit shall `be - reviewed -by the Plan- n%g;- Commission in .,June,, 1978: AYES 4 NOES: 1 ABSENT 2 . I;t `was ;the_ :cons ens us .to continue the meeting -past the fiou -r of 10::30 p.m. _ q ,. , y b e CREEKSIDE OAKS Mr. Hall e,'x p la_ined the re uest•, Lawrence -Jonas for SUBDIVISION (JONAS.: modification to! Subdivis,ion Ordinance .41046 N. G.S. and SUBDIVISION) E' I Q. approval of :th'e Tentative •Subdivision Map for. a 10:-'lot EVALUATION /TENTATIVE residential subdivision to be located at =the; northwest ' SUBDIVISION MAP: corner of ''I'•' Street and ',Sunnyslope:Road , The' property • is approximately 7. -3' acres i' �a�rea. The 'development: consists "of ten lots of whichi nine would be• 'about ,'10,000 square feet and one lot ,loca'ted along Thompson Creek would ;be over four acres =The site• is served _ by access off ,Sunnyslope.. Road- and • the nine . lots will be provided' access by .a cul -de- ac street;,. It is proposed to be a public street - within a-50- right:,of- way.;; without sidewalks. The Public Hearing was opened ,to eonside•r the Environmental` mpatt Question- ndi e.• Larry Jonas ap.plicant;:stated he had talked with the agencies involved. Any substantial development would • an impact;,` -:but a: development of this sizetv would not;'• The creek • and slopes Vould • remain in their, natural state-. ' MosV of °.th'e ,proposed lo,t ;s would be T0.,;000 s,q:uare ;feet:. ` Lot " 4410=wo.ula become _. one. acre- pa'rc °els. It would 'be; a: semi - •rural aubdivision,. The Public Hear%_ ' was.:close'd c Comm Wr.• , ght moved' •to direct the P'lannin'g Di- rector to prepare s and, post - a Nega'= tive Declaration f`or <the_ project. The motion was seconded by Comm.,'L'_avin.` NOES- 0• AB`SENT,. 2 Mr ,,ob.iecte& to t e 4!s idewalk requ remenf.,. .Prospe'cti e.; buyers ;in'dicat the ed` y Jonas; would ! no.t: like sidewalks .w -thin the' subdivision. He, showed'. photos o:f various_ - ,subdivisions! having 'curb and gutters, lbui, -no •sidewalks;. ,-- ,esy would' 'be. g. provded::on each lo' and as d:esi na;ted by th;e Public Works :Superintendent. Phil Brentwood; 1 Phillips: Avenue, - -st ed'•tthat• sidewalks would detract from the aesthetics' o`f the property. It is a very pleasing, aesthetic quality and. sidewalks,, ,shouldtbe;omiftted,' Harry Sackmeyer,; a `resident of:.Westr.idge ' vision„ would like;, to' see- this:. area. deuel'oped in, this manner The, cities' of Petaluma City Planning Commission. .Minutes, December 2' : Q,; 1977 , � '..Mountai i View and Los Al -tos do- not `have:aidewalks" ;and are beautiful Helen' King, owner = o'f °:the, adj;acen•t property, stated . this was. a fine ,plai.:' She hoped- that Jonas would not • sell - the -.pro,pe:rtyw to' .someone.�else to `'develop as she be l eves h:e has a good proposal; Mr. Jonas stated. he not to,' on Sunnys'lope or any major street: He quo`ted Sect -ion 22 7:50:6,.3 of the; Sub,d vision Ordinance as follows - Tle.Planning Commission may.recommend that's de b walks b'e omitted in a subdivision.or section thereof in' which all.=lots` have an area of !one -ha-lf acre or more -; -or• in , a Planned - Community of Planned Unit, Development having an internal pedestrian system, `provided that, the Planning Commission shall `find that the' pubi c safety is not •jeo by such' omission. Comm. Lavin. :questioned the'safety, -:of the child•renwho, with-no :sidewalks, would be walking in the•street. Mr.. Jonas " explained that the ;opennes,s and shortness of the street provides for safety. Comm. Wright stated he was -glad to see this type of project proposed, without standardized sidewalks. Comm. Balshaw stated that 'the f remainder of the property, Lo't 10, is subj <ect to the housing allotment process`4even though Jonas proposing less than 1:0 units. Mr. Jonas-stated-he s is willing to go through .''the allotment • systein for . the remaining 7 lots. Comm. Wright moved.. to recommend- , approval ''of the Tentative Map f,or the Creekside Oaks, Subdivision (Jonas Subdivision) to'.the,'Cty Council with conditions of approval_as_r.ecommended 'by the Plannng staff' and City Engineer with the follow- ing <.= chan!ges. And further; that a covenant be recorded on Lot 10 that prior to ..., _ any, fur Cher subdivision thereof, or_prior to construct on. of more than..one . dwelling thereon; residential- allocations . shall`b - e obtained for said develop- ment'pursuant to the Res de ntial.Evaluation 'Control System•adopte'd by the City -�-'= of Petahuina, as the same :may now or hereafter be amended: The .motion was seconded-by Comm. Lavin.' . Condition #2 - amended to read. 'landscaping, and irrigation plan for the landscaped island in Jonas Lane. must be approved. Condition #3 •- am e d e d 6 read - The final subdivision - .,,map and improvement plans shall -show full street improvements for Jonas.Lane, excluding sidewalks. AYES 5 NOES 0 ABSENT. 2 Comm., Wright 'moved to recommend approval to the application of Lawrence Jonas.. for modification o'f; tt prow s o,ns, of Subdivision = Ordinance - ��1046 'N.C.S. with respect : to the cul- de- sac.; on the Tentative Subdivision _ Map for the Lands •of•Jonas-whereby sidewalks on the• cul-de -sac street will be eliminated. .The'motion; was seco:nded'by.Gomm. Lavin. AYES 5 NOES 0 ABSENT 2 TS.UNRIS8'SUBDIVISION It was the consensus--that this item would tie continued TENTATIVE MAP /PUD to, -the meeting of January. 4, 1978. REZONINGREQUEST: ..fi -9- ,