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HomeMy WebLinkAboutMinutes 01/07/1969J an ., ar y '7 f '19 6' Req!i.1._.:4jf meelt.ing n: the V&j ali I __U'l uma City Pl!anning Commission was held on January ? 1 1.9,6 9 :a at 7: 30' o7' c m�. in the Council Chambers City Hali, Petal] uma,, Californ.i.a. PRESENT: Comm. Koen Perry, 'Stanley. E - ABS NT: Comm., Batta'.qld - a, S t �y I es STAFF: Wi:lliam C. Mctivern., D,Lrector of Planning "Andy "' Anderson, As8j.st, Planning Director Hal Wood, Assistant Cit Ena-1heer A OF MINUTES - the rnlnio.bas for "t-Ije meeting of December 17, 1968 wb approved as submitted.., CO'.RRE$PONDEN CE Sonoma County Referral Thomlas Fihgj File 4643 Use Permit request to permit a mobile home on property Located at 4.33 Davis Lane, Petaluma. In view of the fact that the subject property lies outs,ide, of the 'Petaluma general plan area of iftfiuence, the Commission, elected not to make any com- ments or recommendations relative to the application. ZO ORDINANCE Chairman Stanley opened the public hearing to MODIFICATION . consider to the Zoning ordinance. SECTION 21-900 I e�vision, pertained to.�Selct The f,' revision . ­ ' . on 2`1-900 1 R 2­69 & �re,version to orlgin.a-'l zoning classification) SECTION 6­405 The Commission generally agreed, that existing RE$;. 1 -69 requirements relatin'g to newly zoned commerci al I land are too restrictive for any p I lanned major commerce l developments and more., time should be allowed for Ae - v elopment of the pr.operty.before - the land revers he original zoning.. ts back to Re_S_ 2-69, recommending to the City Council. the madifit:ations to -Section '21-900 as contained in the, body of the resolution, solutionj was introduced by ' Comm, Perry s'ieLC0ftd d by Comm. Koenitze±, and passed unanimously. Mt. McGlye'rn stated that the Zoning Ordinance. is not spec in the matter of. adding to the 111.st of conditional uses in commercial districts and recommended that the zoning Ordinance add Section 6-105 to, provide for this legislation Res'- 1-:6 - recommending to the City Council' - t - , as, rd the addltl:of� of Sec ion 6-4'05 incorpb, ate ` in. the body o7f the reso1ut-ion, was introduced by Comm,. Yoenitzex seconded by Comm. Perry, and, passed un�animous,,ly,. 9 . 1/7/'0 DANIEL T. -0 B'RIEN Chairman Stanley opened. the p:ub`lic� 'hear.ing to FILE z - 6'9 consider an application filed by Daniel O'Brien ` to reIzone As:ses�sor's Parcel No. 7-0 (21,9 Edith Street,) from an R -2- 3'.0+00 ,Tone or District to; a C -N (Neighborhood, Commerc', 'al,) Zone or District: A favor,ab;l_e staff, report was pre!s.ented by the P- lann.ng Direc Mr. David - Traver;s attorne rep.resent %rig the applicant, addressed the, -Com- mission i:n length and informed the Comm that the subject parcel is .un'd'er the °same ow etship as the adj a.cent lot, facing ;East. Washington 'Stre.et (whi.ch is 'zoned C - tO . Mr. Trave,rsi was 'of the op=inion that at the time East Washington Street, was ezone`d `to C' -N, :an oversight was :made; in not r.e'zoning the subject parcel also because th other lots 'having frontage's on 'East. Washington Street have a depth equivalent to that of the corner lot and the adjacent subject parcel, and especially since both parcels are in the same ownership. No objections' wexe voiced.. After due consideration, the Pubaic Hearing wa closed and Res., 2,1-69,, recommending the ;rezon-ing ,to =the City Council was introduced by Comm. P- erry,, seconded by Comm. Koeni:tz'er, and; passed by ai.l .members preisent,. 0 ey open the, p ublic hearing to RESTAURANTS consider add -ined g "Dr_ive - 1p, Restaurants to the FILE , 3 . -6;9 l Ist of. cdndzti.onal us`e in the C.-'N: (Neighbor- hood Commercial) Zone. The .request' Was. filed. by Mr.. Dar iel, 'Q' Brien.. A, 'lengthy' staff report., . r ecomme-hdi rig that drive - restaurants not be included as a ,e:on'ditioiaal ;use 'in. the. C - N,' Zone , was presented and made part of the permanent f'i.le.. The report stated that the C =N D,i_striet. 's designed to serve. local residential needs and I drive, -in restaurants .have certain, typical features whl.ch are not tomp'atible. with res - dbht al development (traffic coriges'tion` during peak hours-,, crowds' and, `loud talk'ing:, automobile nose .-at l ate y hours , bright lights., additional. law enforcement protection., etc.,). The staff report- further sta=ted that when the Zoning Ordin- ance was adopted-, ;drive. -Ift restlauranits Were determined not ap.pr.opr ,ate in a neigzbo :r`hocd commerclal district,, be;caus'& they are s,peci fic= ally not in.cl.uded as p.ei"rmit "t'ed uses' and . they are nbt ment one °d as conditional uses : Mr.. David Traversi attorney representing the ap,pl.l.cant,,, addressed the CommisslIdn ° Mr. O' Brien, o of the A and W' R, oot Bee p _ r- place, (located at the intersection of Wilson and, tast Washington '• Street) d'esires to, relocate at. the intexsection of Edith and Fast- W:ashirigton Streets.,. (,includ.ing . the pa,,rce lo=cated .at 219 ;Ed .th S.tre;e;t, which the Commission re=commended be, rezoned from R - HUMBLE OIL Chaintah S'tan,ley opened the public hearing to USE'PERM consider the 'use permit application - filed by - 1 T/ ,9 Humbae O_ &. °Refining• "Company to perry -it' an; 3&0;0 'to C­*) ., The, p resent . ° ast abl i.shmditt is a DRIVE - IN non cohforming use in the C -N Zone. The addition RESTAURANTS of drive -in restautants to the list of conditional,. E:IUE . - 60; use s' i`n the C: -N Zone' 'wou`ld enabl& the applicant tb ;CONThNUE:D;) apply for .a , Use permit `and relocate at the new. one block further east on East Washington Satreet., Mme, T,ravers.i, st °ated that, in. his Opinion, the C -N zoning designation for E_asf 'Washingtgn street is not, - the in light • of, bu'sineszes ope- .rating: along' both sides of the street.. ..He fu ther stated that the A and W Root, Beer bu 'iness is, similar to t-'e proposed: `Colonel Sanders and Taco Bell. opex°ations to be located in 'the next ( . wh ich the C'ommisaion determined were `not, block KWh drive -yin rest- aur.ant8A , Followi-ng further dis.- cusslon,, a motion, 'recommending to the City Council the addition of drive -in. restaurants to the list .of donditional - uses in the -C-N. Zone', was introduced by Comm Ferry,, s`econde,d, by Comm -. Koen'itzer .and r passed ,by the following vote: Ayes: Perry, S'tanl:ey:;: Noes': koenitze_r., Absent.;' Rattagli:a, . Styles,_e Comm. ;Noenitzer qualified his " no" vote as fol:ows': He wa`s- not ,in opposition .to the us`e but wasR of .the, op nigh that a. study session should be held in order to establish 'certain' concrete coriditionre or guide, lines as to standards of, operation to be imposed as a condition of the HUMBLE OIL Chaintah S'tan,ley opened the public hearing to USE'PERM consider the 'use permit application - filed by FIDE U1 -6'r Humbae O_ &. °Refining• "Company to perry -it' an; addition to an, exis'ti;ng serv,i.ce station located. SI.TE� DESIGN' at 301 South McDOwe;ll .B'lvd A ;favorable staff' 5.1;1;3 - r epo,:rt (lisi ing 6 conditions of appxovaL) was pr.ese °nted_ Mr-,,, Art Ra:smus°sen was pteseftt on behalf' of °the `thumb e, Oil- &° Ref p ng Co.. and requested that, Condition No. 2 be .waived - n v PV of the fact that Huffiblei 0i,1 Company z not the owner: of the land' and the. conditlon. wo..uld "have 'to get approval of :the ;owners Swan'sor °and C;ut'ler.) 'Item 14o,, 2 s't`ates, °as follows i, "'Two - feet of' ,additional r ght-of -w4ay w, dl.th shall be dedicated along the. Sb,,uth Mc`- Dowell Blvd. frontage in accord with -the re =- quirements of the City Engineer ". Mr. Hal Wood, As,,s4istant City Engineer, <stated that the' City Engineering D:epartmen htas a complete set 10f 'imp`r6vement .plans showing the prbpose,d widening of" McDowell Bo'ulevard,., This tw 'den ng Ip Ludes the moving of the existing ,curb,, gutter r and sidewalk, northeast, eight feet towards .the . existing service s,tation.. A motion, !approving the use p'exmit with the: 6` conditions 'as outlined _4" 1/7/69 W umBLX OIL in the staff report, was -introduced by Comm. USE PERMIT Koe itzer, seconded by Comm. Petry, and passed FILE U1;­69 by all 'members p-r-esent. (However, Chairman Stanley injected that he disapproved of the SITE DESIGN right of' the City to 'require dedication.) A 5.113 motion, approving the site design . for: the , pro- (CONTINUED) posed addition (incorporating the 6 c onditions of ',the use permit)' was introduced. by 'Comm. Pettytj seconde.d.by"Comm. Koenitzer, and approved ,by all members present AVONDALE #4 FILE 22-68 At the request of`Herbert- Passarin-o, representing the subdivider, review 'of the tentative map for Avondale #4 will'be, considered at the next r egu meeting on. January '21, 1969. '. UNION OIL C&. ened chairman Stanley op the public hearing to FILE b'2-69 consider the us.e. -permit application filed by S,'.I-,T-E DE SIGN SIGN Union, Oil 'Company of C,alif'otnia construct FILE 5.114 a service station in a, Community-Commercial :Zone at 400 Was=hington Street. A favorable. Istaff report, listing 6 donditions of approval, was pros,ented and made` part of the permanent file. Mr. Norman Miller, real estate representa- tive the Union Oil Company, was present and vo*i,ced no opp.o'sitions lo the conditions imposed. Re,s.. U2-6 approving the use permit, with the 6 conditions ofapproval was introduced by , Comm.. Kbeititzer, seconded by Comm. Perry, and passed by all meinbex's, pre,s.ent. A *motion, ap.- prop P.roving site de�,sign f6 r the sed service station (with the I conditions listed in the use permit and shbwn on Exhibit "A") was. intro- duced by Comm. Koeni.tzer, seconded by Comm. 'Perry, and pas . by all members, present. MERTON PRESTON' The Commission reviewed the site plans for new ` YE DESIGN retail sale's b which will replace-an FILE - 5.108 existing bld buil-dir](9 located at 32'6 Petaluma - Blvd,. North. A Variance. w,a:s granted on December 3, _1968, to, allow the subj,ect new building to be construct ed with nfoot 'Sideyard setbacks On each side. A f:aVbrablEi staff report,. listing 9 conditions of approyal, was presented. Dick Li;e'b atldhitect-representinq Mr. Preston,, was qt and requested t item No- 2 which required _se pre T a decorative fence,, -a - ,maximum of three feet in height shall be provided a the southerly property lihe as shown on Exhibit "A",,, 'be deleted because it would' interfero with, the view of the display window. ha ion. - to de.leti -, The Commission d no iobject� pg t his d r A mo ti on, a si d' e'si gn lapptoval,, with the conditions outlined in the PlAnnincr Direc'tor's repoift, with the oxqe Lon of C,M � =5- MERTQN (CONTINUED ) zem <No. 2; was introduced by .Comm. Perry, seconded by Comm.,Koenitzer', and was unanimously approved. ,TtRRY STEWART The.- Commisslon consi,dered the variance .application. VARIANCE file,. by Je=rry 5tewar to permit a one -foot side= E V1 -65 yard setback four rehabilitation of` a utility room located at 544 EStreet. The staff report te,com- mended app °r`ova1 of the variance because a definite . hardship . ekists;. - An old portion of the house structure, some 3Q ,feet, which. was .located one foot from the side yard setbaa'ck., ' has been torn down- A po;rt1bn of this area was previously 'used for the purpose of a,u" room. In view of the fact that the ap'pli,cant has incr;e °ased the amount of open space by :demolishing , approximately 30 feet of the I. 1 old s�t 'the Commission agreed. that the var.Lance 'be gr' ahted for tie' util'ity room. The: Commis„sIon ;agreed that a definite hardship. exists L with the regu- and the efvidence submitted comp.L lati.ons for granting a variance (as set forth in Section 197701 through, 7 -03 of the Zoning Ordinance-,) Re s - V.1 -69.,. granting the, varance. was introduced by" C o mm -. P:e`rry secon by. Comm. Koenitze and pas =s°ed, by all" members" present .. ADJOURNMENT' There being no further business to come before the. Comm ission,'the meeting was adjourned airm