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HomeMy WebLinkAboutMinutes 07/17/1969Regular meeting of the June 17, 1969, at 7:10 Petaluma, California. June 17, 19'69. Petaluma City Plann'i.ng Commission was held on o'clock p.,m, in the Coungi Chambers, °City 611, PRESENT: Comm. Battaglia, Koenitzer, Perry, Styles, 'Stanley. ABSENT: None STAFF: William,C. McGivern,, Director of..Planni g. Andv Anderson,Assistant Planning birector. OTHER CITY OFFICIALS: Robert H. Meyer, City,Manager Edouard' .Robert, City Attorney Counci=lmen: Joerger, Colin, Mattei, Brunner. APPROVAL OF MINUTES The minutes for June 3, 1969 . were approved as, submitted. CORRESPONDENCE Sonoma. County Referrals: She llmaker, Inc. File: 4.822 Request to re zone 109'.36 acres ,located on the east side of the Petaluma Piver between State,Highway 37 & the Northwestern Pacific railroad r/w in the Petaluma Area from U (Unclas;sfied) - to R -3 (Garden Apartment) and M 72 (Heavy InermitiA'1) districts or some other zoning districts which will ome park, retail commercial shopping facility and a contractor's storage yard', a marina services nark and a marina. While the subject. request is outside of the area of influence of the General Plan, the Commission voted unanimously to direct the Planning Director to inform the County that the Commission is concerned regarding possible .problems of additional water pollution and what effect the remote development would have on the orderly expans =ion of the City. Mrs. Eug ene Strain, - ,F1e, :-4871 Request to hermit a single, mobilehome to be located at 775 Palm Avenue. In view Of the fact that the site is located outside of the area of influence of the Genera -I Plan, the Commission elected to make no comment regarding this application. LAKEVILLE The Commission, at their regular meeting held on REVhEhI April 8, 1969, revi;ewed.the.Conditions of Approval of. Use Permits issued to several places of business in an M -L Zone, .located on 1akeville Highway. At that time the Commission granted the various property owners 60 days within which to comply with the con- ditions of approval listed.on their use permits. At this time, Building Inspector Olsen informed the Commiss.ion.what had-been accomplished within the 60 days. Af`terhearing the testimony presented by -1- Planning Commission ; • Minutes - June 17, 1969 Mr. Olsen and the property owners involved, the Commission determined the following: Barta-Hi Company, La Hi ghway An agreement signed.by Mr. ,& Mrs. Barta relative to repairs to building, landscaping, resurfacing parking area, and fence repairing to be done by July 15, 1969, was satisfactory to the Commission. The Barta Hide Company further agreed to bring the balance of the substandard building up to meet building code requirements, or demolish the struc- ture,. within two and one -half years from the date of - agreement - (' June 10 - 1965) Al-,Stack, 815 TIil Street The Commission concurred that Mr. Stack had complied with the conditions of-approval outlined in the use permit, but every effort must be made to keep all vehicles in Mr. Stack's ownership off the public street. Permission was granted to provide a parking lot for =-All operating, licensed, vehicles on property located directly across the street from Mr. Stack's wrecking yard., C & V7 Wreckers, - 59'0:- ,Lake:ville and Scrappy --J.im s, S8 Wilson Street Both ,property owners were-granted a 30 days' exten- sion of time within which to finish the work started_ ,itowards compliance with the conditions of approval of their use permits. Chairman Stanley stated that the cases would again be reviewed in 120 days. ROBERT'KOENITZER The - Commission, considered the variance application VARIANCE filed by Robert Koe,nitzer 'to allow a reduction in FILE Vll -69 rear and sidevard setbacks for reconstruction of a garage located at 311 Keller Street. The staff re- port, presented by Mr. McGivern, stated that the former garage structure was severely dilapidated. The owner had removed the hazardous structure with the intent of building a new garage on the same founda- tion. There was no onno'sition voiced to the granting of the variance. Based.on the findings as stated, Res. V11 -69, granting the variance, was introduced by Comm. Perry, seconded'by Comm. Battaglia and - passed by'the following vote: Ayes: Battaglia, Per - ry, Styles, Stanley. Abstained: Koenitzer. -2- .Planning Commission Minutes Tune 17, 1969 . '40 ROBERT E. SMARTT Chairman Stanley opened the public hearing to con- USE PERMIT s der the use permit ,application filed by Robert FILE U17 -69 E. Smartt to permit -a distribution warehouse and office in a C -H Zone located on A.P. V- 412 -05 (approximately 600 feet southeast of the inter- section of Petaluma Blvd. North with Old Redwood Highway and Stony Point Road). The comprehensive staff report included the following comments: the applicant proposes to construct a distribution warehouse 40 ft. deep by 168 feet wide with a 30 foot setback from the front property line and a 10 foot seback from the southeast side property line. The submitted plans sjhow.a filled area ex- tending approximately 25 feet from the existing edge of the river toward the centerline of the channel. Correspondence received from the Sonoma County Flood Control & Water Conservation District recommended against any encroachment into the water - way area of the river and further recommended that all structures be outside a building setback line established as follows.: "30 feet from top of the bank or 30 feet beyond a theoretical 2 -1/2 to 1 ., slope from the toe of the existing bank. The set - back P- , 7hich is most distant from the river shall be used." The staff report further stated that the sub- ject site has an average depth of approximately 99 feet to the centerline of the river, with approximate- ly 50 feet of depth of usable flat area at the shal- lowest,point. The C -H District requires a minimum front yard setback of 10 ft.. It would be impossible to provide the setback areas required by Sonoma Coun- ty Flood Control and the City Zoning Ordinance and construct the proposed building on the 50 feet of usable depth available. The staff report, therefore, recommended that th e. use permit application not be approved<., Dick Lieb;, rerr.e's:enting the applicant, stated that the applicant has'been losing land due to the property owner across the river filling in his land, thereby diverting the flow of the river. It was Mr. Lieb's contention that a structure of different size could be located on the property, meet- ing the setback requirements.. Mr. Lieb and Mr. Smartt - were both of the opinion that,the first step would be to obtain the use permit,. Comm. Koenitzer agreed the :matter at hand is whether or not to grant a use permit for a warehouse to be located in C -H Zone and those problems relating to setbacks, etc. would be con- sidered at the time site design approval is requested. City Manager Robert Mever cautioned the Commission about granting any use permit on land which abuts a moving river bank. City Attorney Edouard Robert stated that the city would not be liable for problems caused as a result of flooding or erosion of land, even though a use permit is granted by -the Planning Commission. Planning Commission Minutes - June 17, 1.9;69 However, Mr. Robert said that the use permit could not be used as a level to aid and abet a private litigation matter.- After further consideration, a motion to deny the use permit, was introduced by Comm.. Battaglia, seconded by Comm..Styles, and was pA daa4ne4 by the fol'lowinq `vot:.e: Ayes: Comm., Battaglia, Peary, Styles; Noes: Comm. Koenitzer, Stanley. REZONING Chairman Stanley opened the public hearing to con - FILE Z7 -69 sider rezoning the area generally described as ly- ing between Schuman Lane and.Cherry Street, and ex- tending westerly to the City Limits, from an R -1- 10,000 Zone or District to an R -1 -6,, 0`00 'Zone or District, initiated by the Planning Commission. The staff re- port, presented by Mr. McGivern, stated that the City Council approved a rezoning in January of 1964 an R -1 -6,000 District to 'an R -1- ,10,000 District for approximately 65 acres of land located between Magno- lia Avenue and the southerly city limits as they existed at that time. At the time the area was zoned for 10.;,.00`0 sgu-'are foot lots, tentative mans already had been approved for subdivisions with lots having less than 10,000 square feet. Approval was granted in April, 1967, for a tentative subdivision man of Property located on the easterly end of the subject area proposed.for rezoning. This map expired and a new tentative man was approved again in February 1969. This proposed subdivision is located partly in the. R -1- 10,000 District and partly in the adjacent P -1 -6,000 District. It was the recommendation of the City Attorney that the Planning Commission initiate rezon- ing for the appropriate areas, and that the subdivision on file, not be recorded until the proper zoning is adopted. In view of the existing development pattern, topogr,aph,ical condition's and available city services, the staff report recommended approval of the rezoning. Mr. McGivern noted the rezoning was not for the pur- pose of changing the use or changing the chaaracter of the area, but to reduce the size of the single family lots in the R -1 District. Mr. McGivern read correspondence the following: Albert L. Rice - opposing the rezoning; Petaluma Christian Church and Cherry Malley Estates, Inc. (Castlewood Subdivi- sion) favoring the rezoning. Opposition to the rezon- ing was voiced from the floor by ;john Mohrman, Dan Plumley and George De Long. Basically they wished to retain the country-type environment for the area. Mr. Ron Simpkins, Engineer for the developers of Castlewood Subdivision, spoke in favor of the rezon- ing. After further consideration, a motion to reject the proposed re;zon ng, was introduced by Comm.. Bat- taglia, seconded by Comm. Styles, and was by the following vote: Ayes: Battaglia, Perry, Styles; Noes: Koenitzer, Stanley. _n_ ,r _ Planning Commission Minutes - June 17, 1969 MOBILEHOME Chairman Stanley _stated that a study session would ORDINANCE be held on Tuesday, June 24th at 7:30 o'clock p.m. PILE 19 -69 to review the resolution prepared by the staff for the Mobilehome Ordinance. The Commission will act on the matter on July 1, 1969. GNERAL PLAN Continuation of the public hearing to review proposed Res. 20 -69 modifications to the General Plan was held at this time. Mr. McGivern defined the purpose of the City's General Plan and pointed out there is a distinct dif- ference.between a General Plan for land use and specific. zoning of the land. Mr. McGivern further said that the term ' ° open space and "green belts" are very general and should be defined more specifi- cally. The Planning Director also pointed out that it is up to the city and the school districts to take the initiative in securing land for school sites and park facilities which is open space in residential areas. Chairman Stanley said he had received a tele- phone call from the President of the Chamber of Com- merce reguestinq that review of the General Plan be continued until July 15, 1969, - at which time the Chamber will submit specific recommendations relative to the Plan. Mr. McGivern read a letter received from M. S. !maters, President of the East Petaluma Civic Association presenting the Association's sug- gestions for implementing the General Plan. The main issues involved dealt with retention of indus- trial lands; development of a seawall on the Petaluma .River; providing for larger residential lots; the disposition of the money, received from the "bedroom tax." Mr. McGivern then read the letter written by him in reply to the Association's letter which is part :of the permanent file. City Manager Robert Meyer informed the audience that, except for 1968, the General'Plan has been reviewed yearly since its adoption in 1962. . The public hearing on modifications to the General Plan will be continued on July 15th. ADJOURNMENT - there being no further bussnes to come before the Commis- sion, the meeting was adjourn Attest: -5-