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HomeMy WebLinkAboutMinutes 09/19/1972N -1 A G E N "D ,A PETALUMA PLANNING COMMISSION: SEPTEMBER 19, 1 REGULAR MEETING 7-,30, P.M. C OUNCIL CHAMBERS, CITY HALL PETALUMA, CALIFORNIA ROLL CALL: Comm Balshaw 'Da,ly Hood Popp Schmelz Waters STAFF: William C. McGivern, Director of Planning. Richard D. X. Anderson,AssistAnt Planner. APPROVAL OF MINUTES Regular Meeting of August 15, 1972 & Special Meeting of August 22, 1972 CORRESPONDENCE SITE DESIGN & VARIANCE.CQMITTEE REPORTS Variances: 1. Young America Homes, Inc. - 11,69 San Rafael Drive. 2. Ric . hard P,. Seibetf. - 9.,'ao South, McDowell Blvd. 3.. Behrens /Nelson /Mackey 36' 5th Street. Site Designs: J.. Stero Mfg,. Co- 26 Lakeville Street. 2. EarlAndersen 229 High Street. 3. Behrens/Nelson/Mackey - 36 - 5th Street. on applicat1on filed by Barry L. Cul- FOODMAKER INC. Publlic'. Hearin g Foodmakpr Inc.. to rezone a REZONING bertson,, representin Z13-72 site from R"M-1500 (Mul'ti- Family, Residential) District to C-N (Neiahbothood Commercial) District at 83°3, 837, 841 Eatt.'Washingtbn 'Street,. A.P. Nos. 7'-02,2-10;-18;-19. ERNEST CURTIS Public Hdaking, on ap' l-ication filed by, Ernest Curtis RE: . Z I ONING to re(zone A site from R-M-1500 (Multi- Family Residen- 114 - 72 tial) District to C-N -.(Neigh4orhood. Commercial) Distr. at 817, 821, 8,25, 829 East Washington Street. A-P. Nos, 7-022-29, . -33, -37, and the southerly '130 feet of A.P. No. 7-022,-49. FOODMAKER, INC. Application , ion filed by Barry ,. Culbertson, representing USE PERMIT Food - maker Inc., requesting A to allow a U14-72 Driv Through type' re'staur'Ant at 83.3, 837, and BAl ! Washington Street. ZONING ORDINANCE 'Public Hearing to consider modification to Zoning Y adding SHOPPING CENTERS and MODIFICATION Ordinance &'6 2. Cl�, S�.. b RE I S". - 12.- 1 72 �SHOPPING 'C . EN . TER RETAIL SALES USES as a permitted use " 1- PLANNING COMMTS&ION AGENDA SEPT, 19, 1972 -.Continued o ZONING ORDINANCE' to Section. 6-30i (4) in the C-N' (Neighborhood .MODIFICATION Commercial) District; S:ectio-n, 6-302 (a) In the RES. 12-72 (cont C.-C (Community Commer section 6-10 (a) in the C-H (Highway Commercial): Dis- tri.ct; and Section, 6-304 (a) in the .-C-S'' (Service Cor=ercial) District. NEW ZONING ORDINANCE Public Hearing to consider introduction of a new RES. 13 -72 Zon Ordinance to replace Zoning Ordinance 1 66;2 M.C.S. PLANNING DIRECTOR'S REPORT Di scus , si f' .on. o PUD (Planned Unit Development) Zoning application filed by Qantas Development Corporation for property located s-outheast of the WashIngton Square :Shopp Shopping Center and McDowell Park. ADJOURNMENT Z�. -2- M I N 'U T. E' S' - PET AL•UMA.CITY. PLANNING,COMMI' SEPTEMBER 19, 1972 REGULAR MEETING' 7:30 "P.M. COUNCIL CHAMBERS PETALUMA, CALIFORNIA PRESENT: Commissioners Ba-lshaw, Daly, Hood, Popp, Waters ABSENT Commissioner S'chmelz STAFF: William C. McGivern, Director of Planning Richard D. A. Anderson, Assistant Planner APPROVAL OF MINUTES The minutes of August 15, 1972, were approved as written. The: minutes of August :2.2, 1.972, were approved with.the following correction: Page 3, third paragraph, second line,, should read "ourselves to the Sonoma Board ." CORRESPONDENCE Letter of September 13, 1972, from Ryan Out- door Advertising, Advertising, Inc.., requesting attention be. given to their problem of relocating a sign "® on Lakeville Highway and expressing displeasure in the difficulty involved in relocating other signs, was read by Mr. McGivern.' Mr. McGivern ,pointed out the failure. the company to ob- tain,a Use Permit in compliance with the Zoning Ordinance. It was suggested that a draft of the .new Zoning Ordinance be sent -to Ryan Out- door Advertising and dates when the ordinance will be approved and available The Szi.te Design Review Committee made the following reports: YOUNG AMERICA Commissioner Hood spoke briefly of Young HOMES, INC. America Homes', .Inc., application for a VARIANCE variance in setback requirements at 11.69 San Rafael Drive located in a R -1 -6000 District. He explained the peculiar shape of this lot was. caused by the subdivision street align- ment making the lot substandard in depth. A var.iance.for this lot was approved for a particular house plan for the previous de- veloper, Boise- Cascade.. A new house plan has been submitted by the present developer asking f for a similar variance because the lot is of a substandard configuration. 2. RICHARD R. Mr. Hood reported a swimming pool. building SEI'BERT enclosure..i:s - being constructed at 900 South VARIANCE McDowell Boulevard without a building permit or a.variance application. He recommended September 1.9, 1972 2. RICHARD R. the application for a reduction in rear yard SEIBERT setback,should not be approved since this VARIANCE structure was begun without proper permits (continued.) and the.r-e.is a. violation of the Zoning Ordinance.. Commissioner the variance neighborhood abutting Mr. fore, he did Mr. Seibert' Daly expressed his approval of by.-stating that he lived in the of`Mr. Seibert and that the lots Se:bert's were oversized, there - not object to the overcoverage of S lot. Mr. Seibert addressed the Commission explaining his misunderstanding of the,.required permit to build the .swimming - .pool., which he assumed would include the , . enclo,sure, He also explained the need for.the enclosure to keep the pool water temperature at a consistent 92" or better needed for ther.apeut,c purposes. 3.. BEHRENS, Commiss oner Hood reported on applications sub - NELSON, AND mitted by Behrens, Nelson, and'Mackey, attorneys MACKEY a,t.law, for an office building and a variance VARIANCE in rear yard setback from 20 feet to 'l5 ;feet, located near the Episcopal Church at 36 Fifth Street. The Committee report out- lines.the justification for the variance. 4. STERO MFG. CO. t.was..agreed to-,. postpone review of.the proposed SITE DESIGN site, de ign su- bmited by Manufacturing Company to a future meeting in order to explore the matter further. 5. EARL ANDERSEN. Commis,sioner Hood .reviewed. the site design' sub - SITE DESIGN mit.ted for a duplex on an irregularly shaped lot comprised of 3 Assessor's parcels. The Committee recomends approval subject to the requirements of the staff report. After discussing these applications a motion was made by Commissioner Popp, seconded by Commissioner Daly, to approve the aforementioned site design and variance applications subject to the requirements listed in the staff reports. AYES_: 5 NOES:- 0 EOODMAKER, INC. Chairman Waters declared the public hearing REZONING open,to;consider application submitted by Z'13 -72 Foodmaker,- Ind., for rezoning. Mr. Anderson - read the staff repot describing the proposed area to-be rezoned from R -M -1500 (Multi- Fanrily. Residential) District to a C -N (Neighborh.00d District at 833, 83'. and 841 East Washington Street for a dx.zve- _2 September 19., 1972 He informed the FOODMAKER, INC, th-rough type restaurant. also REZONING Commission of a re- zoning application to reclassify Z13 =72 4 other, parcels: adjoining these parcels located (continued) to the west to a Neighborhood Commercial District. Commis Daly asked if' a feasibility study had been submitted. Mr. Mc "Gvern informed the Commission that a report had been received today from the applicant. Copies were distributed to the Commission for their. review. Commiss- loners Balshaw and Popp expressed concern regarding the effect ,rezoning these parcels would have on adj'zining .parcels and rezoning areas in a piece -meal manner not following the Environmental Design Plan. A lengthy discus - sion followed concerning the Environmental De- sign Plan and the effect these parcels would have.on the Plan if rezoned as proposed. Com- - mis.sione -r Daly reported 'the E.D.P. designated these parcels f`or.Neighborhood Commercial use. A motion was made by.Commissioner Daly, seconded by Commissioner Popp, approving application to rezone the site from an R--M -1500 (Multi - Family Residential) Distric -t to a C -N (Neighborhood Commercial) District at 833, 837, and 841 East. Washington Street subject to its conformity with the Environmental Design Plan.. AYES: 4 NOES: 1 Commissioner Popp voted "No" because he felt the adjacent areas should be considered at the same time for better planning rather than be considered on an individual basis. ERNIE CURT'IS Chairman Waters declared public hearing. open - REZONING to hear comments regarding application for re- Z'14 -72 zoning property located at .817, 821, 825, and 829 East Washington Street submitted by Mr. Ernie Curtis. Commissioner Hood requested permission to abstain from voting because of being involved in the subject matter. Mr. Anderson read the staff report informing the;.Commission of the 4 parcels involved and of 'their conformity to t'he E.D.P. if rezoned; however, he pointed out problems concerning the parcels wes =t of the proposed rezoning area and lack of plans for intended commercial use if` parcels are rezoned. -3- September 19, 1972 ERN:IE'CURTIS Mr. Norman Rollins, a Petaluma developer, and REZONING Mr. Barry Culbertson, 2395 American Avenue, Z14 -72 Hayward,, addressed the Commission expressing (.continued) their desire to see the property zoned commer- cial. Mr. Riehard.L'eb of Lieb and Quaresma, architects, spoke in behalf of Mr. Law Ellis Street, and Mr. Erne Court, declaring the area and indicated hi.s clients' zoned for commer.c;al use i this rezoning application. rence Paulucci, 198 st A. Howe, 5 Alma noisy and congested property be properly n conjunction with Mr- Stuart Curtis, Sr., 21 Alma Court, Mr. .Ernest Howe, and Mr. Carl Petersen, 815 East Washington Street, also spoke in favor of commercial. rezoning. TheiCommission questioned the applicant's in- tent for future commercial ventures if the rezoning is approved. Mr. Ernie Curtis, Jr., replied there were no plans. A discussion followed whereby Mr. Lyle Hood, architect, addressed the Commission from the floor regarding the boundary of the parcels. it wa - s explained that a portion of the most westerly lot, which is proposed to remain in the R -M -1500 District, has an area in excess of 6,000 square feet. . A motion was made by Commissioner Daly and seconded by Commissioner Balshaw to rezone As >ses,sor's Parcels Nos. 7- 022 -29, -33, -37, acid the southerly 1.30 feet of Assessor's P'ar'cel No. 7- 022 =49, located at 817, 821, 825, and. 82:9 East Washington Street from an R -M- 150.0 (Multi - Family Residential) District to a C -N (Neighborho.od Commercial) District. AYES: 3 NOES: 1. ABSTAINED: Commis =sioner Popp voted "No" for the same reason as stated in the Foodmaker, Inc., rezoning item. The rezoning application tailed because the Planning Commission Ruffles and Regulations states "Five (5) affirmative votes of the • voting members of the Commission sha11 be required to vote in the adoption, amendment, extension or addition to a master or general plan, precise plan and zoning ordinance; ex- cepting, four ( 4 ) affirmative irmati;ve votes may be -4- September, 19 , 19 ERNIE CURTIS. sufficient fo'r• passage of a resolution when REsZONING only 4,.5, or 6 voting members are present. Z14 -72 The action of the Planning Commission shall. (,continued) be by resolution of the Commission." FOODMAKER, INC. Mr. Anderson read the staff report describing USE PERMIT the s.te,design proposed for 833, 837, and 841 East Washington Street, informing the Commission of the Fire Chief's and City En- gineer's requirements, and recommending the Commission approve the permit for a drive - through type restaurant Chairman Waters declared the public hearing open for the proposed use permit and asked for comments from the floor. Commissioner Daly pointed out the scheduled public hearing of October 2, 1972, by the City Counc is for the purpose of establishing plan lines for East Washington Street. He .indicated the plan :lines could have some effect on the setback requirements of this project. Mr. Mc.G'ivern indicated to Commissioner Daly the setback requirements could be changed according to Council policy. Mr. Barry L. Culbertson, representing :Foodmaker, Inc., a subsidiary of Ralston Purina Company of, St. Louis, Missouri, spoke on behalf of his company explaining each restaurant is company - owned and has specific standards for upkeep, etc.., that have to be .maintained. He explained the restaurant is a f amily -type operation. Drawings of the propos'ed restaurant dis- played for the Commis to review. Chairman Waters expressed concern.regarding the traffic problem on East Washington Street. The possibility of changing the entrance from Washington Street to Ellis Street to avoid traf.f.c build -up was discussed. Mr. Culbertson opposed this idea explaining the restaurant is dependent on impulse purchasing. Commissioner Bal,shaw pointed out if Washington Street became a traffic hazard, the street could be striped f'or a no - turn to east bound traffic which would force traffic to use Ellis Street entrance. Mr. Ernest A. Howe, a 20 -year resident of 5 Alma Court, spoke in opposition to t:le proposed restaurant complaining of the difficulty in t i:t.�.:nng onto Ellis Street at the present time during peak traffic hours and the traffic congestion -5- September 19, 1972 • FOODMAKER, INC, caused by the Fairgrounds, - the swimming pool, USE PERMIT and activities. at Kenilworth Park. He also (continued speculated on the noise.in the evening usually accompanying this type of operation. Mr. Lawrence L. Pauluucci, 198 Ellis Street, supported Mr. Howe's statement opposing the proposed plan. Mr. Ernie Curtis, an apartment building owner and occupant of Alma Court, spoke in favor of the proposed restaurant. Mr Culbertson briefly rebutted the problems foreseen by residents opposing the restaurant. A motion was made by Commissioner Balshaw, seconded by Commissioner -Hood, to approve the use permit subject to conditions listed in the staff report,exce;pt 1 -a.in the Analysis .and Recommendation which is to be changed to read, "the setback be made compatible with the plan lines to be established by..the City Council. AYES: 5 NOES: 0 Commissioner Popp clarified his "Yes" vote by saying that he felt the zoning of the area ,should.have- waited until a plan had been de- veloped for the entire area.. Chairman Waters -voted "Yes" reluctantly because of the traffic problem. ZONING ORDINANCE Mr. McGivern suggested this item be held over ,MODIFICATION for the next meeting due to the late hour. RES. 12 -72 Chairman Waters opened the public hearing to consider modification to Zoning Ordinance No. 662 N.C.S. by adding Shopping Centers.and Shop- ping Center Retail. Sales Uses as a permitted use to Section 6 -301 (a „) in the C -N (Neighbor - hood Commercial) District; Section 6 -302 (a) in the.0 -C (Community Commercial) District; Section 6-303 (A) in the C -H (Highway Commer- cial) District; and Section 6 -304 (a) in the C -S (Service, Commercial) District. He ,then asked to continue this public hearing at the next meeting.: 'The Commission agreed. NEW ZONING ORDINANCE RES. 13 -72 Chairman Waters declared the public hearing open to consider introduction of a new Zoning Ordinance to replace Zoning Ordinance No, 662 N.C.B. It was agreed to continue the public hearing at the next regular meeting. mm 'T September 19, 1972 QANTAS'DEVELOPMENT REZONING ILLI Mr. McG.ivern recommended that the study area bounded by Washington Street, McDowell Boule- vard South, and McKenzie Avenue be rezoned to coordinate with the Development Allotment. Ap- plication submitted by Qantas Development for a Planned Unit Development i e and'that this matter be set for public hearing:at the next regular Planning Commission meeting'. The lengthy agenda for the next Planning Com- mis;sio. meeting and the problem of priority of other pending applications were discussed. Mr. John Joslin, representing Qantas Develop- ment, addressed the ,Planni,ng Commission pointing out the Development's application has already been delayed 8 or 9 months. The PUC was applied f'or and the area Was labeled a "Study Area" on the E.D.P. as approved by Council policy. Chairman [platers agreed to place the item at the end of the next regular, meeting's agenda; and if time permits, the public hearing will be held without further delay. OTHER BUSINESS OF- THE PLANNING COMMISSION ,PAUL CIAMPI Commissioner Hood described the applicant's plan SITE_ DESIGN to. convert an old residence located in a commer- cial zone to .com use.'. The applicant is :NOTE: This item was, requesting site :design approval from the Commis - not on the agenda, but sion so the plan can be submitted to the Council brought to the Plan- for approval:-of setback requirements, which are ning.Commiss,ion by affected by the Magnolia Street.plan lines. the Site Design Review. Committee as requested Mr,. David C. Travers, i,, attorney representing Mr. by Mr. David C. Paul .Ciampi, explained the variance is for set - Traversi, attorney back requirements o;f the new plan lines set by representing Mr. Paul Council Ordinance for Magnolia Street. He also Ciampi. indicated that.f'uture widening of Magnolia Street would reduce the setback from the required 10 feet to 3 feet from the present sidewalk lime. He asked the Commiss..on to approve the site plan for the remodeling of the existing residential structure to Commercial Building Code standards could be-presented to the Council for its so it c pp l of a variance of the plan line require- approval ments. This approval will expedite Mr. Ciampi obtaining a building permit before t:he rainy -7- �u Y September 1;9, 1.912 PAUL CIAMPI season begins and to avoid .any further SITE DESIGN vandalism to the vacant structure. :(continued) , A motion was made by Commissioner Hood and seconded by Commissioner Popp to approve the site` des,i.gn. subject to Council's granting a variance for a reduced front yard setback and subjeec`t- to.a11 public improvement requirements o.f, the `Department of .Public Works and the Fire Department AYES: 3 NOES: 0 ABSTAINED: 2 Commissioner Daly_ abstained,from voting because he will be asked to vote on the variance when pre's.ented to the Council. ADJOURNMENT _g_