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HomeMy WebLinkAboutMinutes 07/07/1971A C E N A PETALUMA CITY PL, NNING COMMISSION. JULY 7, 1971 REGULAR MEETIN'G'1, FISCAL YEAR COUNCIL CHAMBERS ' 0 7:30 'O'CLOCK P.,M. , CIT,.Y HALL PETALUMA, CALIFORNIA ROLL CALL: Comm,. Brunne 'Cer °ni 1-Iood Water Stanley STAFF: William C. McGiv.ern, Director.of Planning. Richard D. A. Anderson, Assistant Plan APPROVAL OF MINUTES FOR JUNE 15, 1971 Approve/Held Over CORRESPONDENCE CAMBRIDGE SQUARE Request filed by MacKay & Somps, on behalf of Wesley SUBDIVISION' Bailey, for a 6 -month extens'i" n of time within which EXTENSION OF TIME to file the final map of Cambridge Square Subdivision. RE'S. 21 -71i Intr.. by: Ayes Approved .� Sec. by: Noes Disappr. . ,DOUGLAS OIL CO. Public heari,ng.to.consider application filed by Doug- OF CALIFORNIA las oil Company. of.Calif;orni'a for a Gasoline Service USE I PERMIT: Station located.at 4951.Pe;t. Blvd. North in a C -H U2:6 - 71, Zone. Continued.from.June 15, 1971. Intr by: Ayes Approved Sec —by: Noes Disappr. i URICH OIL CO. Public hearring to consider_ application filed by USE PERMIT Urich'Oi.l Company to allow a service station in a U27 -71 C -N Zone .located 'at 410 East Washington Street. Intr. by: Aye s Approved Sec by: Noes . Dsappy. DISCUSSION RE: O Amendment to.City Code to._provi ; de for the licensing, regulation and control-of kennels harboring dogs. .1 Pli M I' N U T E'S Regu lar- meetin of the P etaluma :P1a,n:nr °n Commi.s:sion w'a,s held.on July .7, 1,971 at 7 :30 o clock 'p.m in 'thel Co..u,nciI Chambe City Ha1'1, Petaluma C;a l i f or n i a,. P�RE`SENT: !Comm. Dal Ceri:ni, Hood, Waters, St ABSENT: "None STAFF: William C. McG'i,vern, D'i of 'Pla.n.n'ing. Richard D. A: Anders,�on , A:ss i s tan,t Planner. Edo -uard E. Robe Ci Attorney. A.P,PR,GVAL _O,F MINUT The mi:n;utes for the mee°ti'ng of June 15, 1971, were a.ppro,ved as submitt.e C0kR'ESP.ONDENCE Senate 'Bil 1 No. 920 - Mr. McGivern invited Planning Gomruiss -ion to attend the Council Meet- i' ng on J uly 12; 1971 . to 'hear Supervi S'porner d :i scu'ss Senate Bil.1 N:o. 920 relating to the North Coast Area Planning and Development Commissi'o_n. "C`AMHJ,DG& t the P`l'anning Commi'ssio_n meeting of June 15, 1971., SUDO "IVISI6,N Mr. Robert B.u rnstein , Attorney f the appl icant, EXT. OF T, 17. ME W�esle,y B.ai,ley, r,e,.quested they 'COmm to con RE S. 21 -71, grant-i'ng an extension of "t im , e, for the tentative m'ap of Cambridge Square. The Commi ssi'on directed. th'e appli,c&ht to ' ubm;it a fo.rma'l request. In view ..of t moratorium :on al l' rezoni ngs„ the appl i cants were concerned the tentative map wr6uld e,x before the moratorium i.s lifted (Sept. 18,. 1971 being the ex- pi r-ato',n date') . A re :q uest for a s ix month extension of time for the tentative map of Cambridge Square Subdivision.,was submitted, by - MacKay & So.m,ps., Engineers fo`r th,e de'vel oper, and a resolution was prepared by the City Attor- ney for the Commission's c,onSideration. 'Mr., Robert Burns.tei'n wa;s press,ent and urged approval of t'h.e resolution extending the tent map to Mar 18,, 1972. The Comm1 s,s:i o n read 'a memo directed t:o Mr. McGiv'ern from the 'C'i'ty Attorney, stating he, { dif`fe'red with Mr. :Bur'ns,tein's interpretation of the i State Map, Act as to th'e, ma,ximum time extension per - mi'tted a tentat ma.p Mr. Edouard R:d, a bert, City Attorney, was present nd s tat °e;d in hi.s opinion, Charter Cities are exempt from Chapter, 2, Section 11554 of =the State Map A(-t which pro°vi'de,s fo.r a two year e.xto ns.ion o Thxe. Ci ty '.s5 Sub:d,ivis on Ordinance: lim'i'ts th'e time e,xtensi'on toy 18 months o _l_ f Planning ,Commission Minutes J.'u' l,y 7, 101 CAMBRIDGE SQUARE After con�siderabl;e discussion, Commissioner Cerini s'U8DIVLSION sa he w ould abide by the City Attorney's opinion EXT O TIME and.m:ov for denial of the extension. The motion {`Continued) was sec.o.nded by Commissioner Hood. Resolution No. 21 -71 t.o grant an extension of 6 months within which to. file the final map of Cambridge Square Subdivision was unanimously defeated. DOUGLAS OIL CO. Chairman Stanley opened the public hearing to con - OF CALIFORNIA sid;er t:he use permit application filed by Douglas USE PERMIT Oil Company of California for a gasoline service U26 -71 station located at 4951 Petaluma Boulevard North in a C-H (Highway Commercial,) Zone. The staff renort,. read by Mr. Anderson, recommended,approval subject to ten conditions of approval. . Mr. Bob Acorne, representing the Service Station Dealers of Petaluma, addressed the Commission and gave a brief summary of the plight of service sta- tion operators in Petaluma. Mr. Acorne referred to Section 5, 18 -701 (b) of Ordinance No. 934 N.C.S. which states, "That the proposed location of the conditional use and the conditions under which it (service station) would be operated or maintained, will not be detrimental to the public health, safety o;r .welfa:re, or materkially injurious to properties or improvements in the vicinity." Mr. Acorne ques- tioned whether another service station would be good for the community. Mr. Bill Gilson, representing the Douglas Oil Company stated the statin would hope to attract the freeway traffic since m „any more people go by the town than live i the town. Commissioner Hood questioned the safety factor ex- pressed in Condition #8 which states, "White line striping 4 inches wide, W -6012 reflectors shall be provided as required by the City Engineer to guide street traffic away from the bridge abutment at the Petaluma River.” Mr. McGivern said he would relay the Commission's concern over the safety factor to the City Engineer. Chairman Stanley closed the public hearing. Resolu- tion No. U26 -71, approving the use permit subject to the 10 co- nditions of approval outlined in the staff report, was introduced by Commissioner Waters,second- ed by Commissioner Cerini and passed unanimously. URICH OIL COMPANY Chairman Stanley opened the public hearing to consider US;E PER'MI'T U27 -71 the application filed by Uric Oil Company to allow a service station in a C -N Zone located at 410 East Washington Street. (Site of the present Tivoli. H,ote:1') -2- P'l:a.nn ng 'C ss i on Minutes July 7, 1;971 URICH OIL COMPANY U'SE PERMIT (Continued) .I readin t zoning ordin tance from a not l e.s s t h a to an existi the requirem port therefo granted. Th of the purpo anc_e. The o hearings inv dealers , and the ordinan'c stations. T requi bet referri to a street or e staff report, Mr. McGivern said the nce specifies the, minimum closest dis- other service st ation si shall be 500 f eet.i Since the site is' adjacent g service stati.on, it does not meet nts of the ordinance. The staff re- , e recommended. the use permit not be Planning -Director gave a brief history e and inte,nt:of the service station ordin dinance was adopted following public lvi'ng ma,jor companies, service statior other interested people. The intent of w-as not to have "back to back" service e prevalent concern was the distance , een the stations. The 500 feet distance the separation of service stations along .angent line along the same block. M Larry Bernauer suggested looking into a study of stopping all new businesses along East Washington Street until the Council decides whether or not they are going to widen the street. Mr. Bob Acor deal of P present a ve roll through Mr. Hugh Lac Comp&ny, c'ha ance. He sa mini.mum clos site shall n ti .of stre staff's refe Mr. Lacy s and consider vice station be the most no mechanica done. He in and the cons $175,000. H fact into co property. M vice station site. e, representing the service station taluma, noted the railroad tracks could y serious congestion as freight trains , Se Vice President of Urich Oil lenged the interpretation of the ordin- d Section 18 -702 '(h) clearly states the st distance from another service station t be less than 500 feet "with the excep- t intersect In answer to the ence to the design layout of the station, he ha de .,signed stations for 26 years himself a;n authority on design of ser- He said the proposed station would uiet and cleanest station in town since work, changing tires or oil, etc.. is icated the acquisition of the property ruction of the service station would be said the Commission should take this sideration in the condemnation of the . Lacy said he firmly believed a ser- to be the highest and best use for the Commissioner�Cerini said regardless of the zoning ordinance, the Commission has a duty to the commu- nity and should consider whether the station would create a traffic problem. Commissioner Hood concurred with the staff report's reference to the layout of the station, saying it w,as a poor arrangemen.t. P.1a'nonAng, C,o,mmissio -n Minutes July `7, 1971 U'RICH OIL COMPANY Mr. Edouard Robert, City Attorney, said the opinion USE PERMIT expressed by the Planning Director regarding the (C o,n t- f nued) interpre of the ordinance, was taken from his own opinion; namely, not to have back to back service stations. Mr. Art Howard, representing the sellers of the pro - perty, said the condemna ^tion price quoted by the City was from 195 figures and he foresaw a long condemna- tion battle for the City of Petaluma. The Assistant Planner clarified some of the statements made regarding the design of the station. Following further discussion, Commissioner Hood was of the opinion the Commission should abide by the City Attorney's opinion as to the interpretation of the zoning ordinance. Chairman Stanely closed the public hearing. A motion to deny the use permit was - introduced by Commissioner Hood, and seconded by Commissioner l Waters. The motion 'for denial was ap proved unanimously. Commissionerl,Hood left the meeting at 9:05p.m. DI'SCUSSIO,N RE: AMENDMENT TO CITY CODE TO PROVIDE FOR THE LICENSING, REGU "LATION AND CONTROL OF KENNELS HARBORING DOGS. Mr. McGivern stated several months ago a complaint was received by the City Council fr,-om a citizen 'relative to an excessive number of dogs being housed in a residential area. As a result, the Council prepared a City Code Ordin- ance limiting the number of dogs per household to four. Representatives of the Blue Ribbon Dog Breeders' Association appeared before the Council and spoke against the limitation. The City Attorney was asked to prepare an amendment to include a provision for "Hobby Dog Breeders ". The ordinance was referred to the Planning Commission for any questions regarding zoning. The Planning Director stated the Commission has the power to recommend to the Council any policy or standards that relate to the use in a particular Zoning District At the present time the Zoning Ordinance has no provision to provide for kennels, either commercial or domestic, in the R -1 -Zone (Residential District). Taking part in a discussion relative' to the proposed amendment were members of the Blue Ribbon Dog'Breeders' Asslociation - Robert Castro, 1256 Ponderosa Drive, Ellis L. Perryman, 1520 Lauren Drive, and Oscar Carver, 155 R -na- ville Road. After considerable disc�uss:ion, the Commission continued the matter to be considered at the joint' study session of the City Council and Planning Commission be held on July 13, 1971. Planning Mi. Ju I y 7 , 19 71 S'ON CO?QNTY REFERRAL Wi If red A. Bai Iey,, U,s,e.,;Perm.-,tt to al 1 o,w keeping - traveling zoo animals at .220 Fair Avenue. Me Commission considered the sUbject Sonoma County referral and inidicated no opposition t re:quest the following conditions are applied: 1 1, fmi t t.h,e number of animal s to 4 or 5 of each kind, (2) prohibit - any large., - dang - e,ro:u,s animals an.d (3) require a yearly review of the u determine whether or not it is compatible '-with the dbve16'p.me'4t- -in the vicinity. ADJOURNMENT: ATT E S'T There being no further business to come before the C.ommi the me,et.ing was adjourned. an •