Day 1999.01.05PC

Vice-Chairman Minkler requested that on page 3 for his comments on the Brown Act update, that the words “ requesting and request” be replaced with “ suggesting and suggestion” . Commissioner Drake moved, Vice-Chairman Minkler seconded to approve the minutes of December 15, 1998 as amended. Motion approved 6-0.

Assistant Planner Behvand reviewed the project and introduced the staff report into the record, noting that this is a proposal to establish a 21,250 sq. ft. boat repair and customization shop at 797 Elmira Road. The boat shop would occupy approximately one-half of the building, with Legget and Platt manufacturing occupying the remainder of the building. The proposal includes out-of-doors storage of customer’ s boats. All repair and customization work would be conducted indoors.

Gordon McNolte, representing Ultimate Water Sports, clarified what the boat lifts would look like and what portions would be permanently anchored. He added that they would be willing to work with staff regarding the location so the lifts would be less conspicuous. The lift equipment could be painted if necessary. He noted that the boats would be stored inside if space was available. If not they would be covered and stored outside. He reviewed the type of work they perform which consists primarily of chips and scratch repair. He also noted that the business creates an insignificant amount of fumes from the materials they use. He clarified for the Commission that no retail sales of boats will occur at this site.

Vice-Chairman Minkler moved, Commissioner Aldrich seconded that the Planning Commission adopt Resolution No. 98-231 approving the Conditional Use Permit subject to the conditions of approval with revised condition 5 to read as follows:

5. Storage of tools, materials, boats or vehicles under repair and any other mechanical items under repair shall not be displayed or stored outside the building. An electrical pulley system may be placed outdoors close to the building’ s eastern wall (as far away as practically possible from street view), for the purpose of loading/unloading boats. New and repaired boats may be stored outdoors within the fenced and screened storage area.

Senior Planner Macaulay reviewed the proposal and introduced the staff report into the record, noting that the proposed amendments pertain to the Interchange Business Park, Vacaville – Golden Hills Business Park, Airport Business Park and Vaca Valley Business Park policy plans to modify standards for required on-site parking. The proposed modification would allow a reduction of up to 25% in the required number of on-site parking spaces, subject to specific findings and requirements. Additional reductions could be granted with approval by the Planning Commission of a Planned Development Permit or Variance. Modification of the uses permitted in certain land use areas is also proposed.

In response to questions from the Commission, Mr. Macaulay noted that a reduction in the percentage of parking would not automatically allow an increase in the building area of 25%. He noted the floor area ratio (FAR) for each zoning district would regulate the size of buildings. He added that there is a small potential that a building could be increased, but that the City is not obligated to grant an increase in the building size. He also noted that there would be a document recorded regulating the uses of the building, and new uses would need approval from the City.

Commissioner Williams applauded staff for trying to provide flexibility for industrial uses. He noted that his one concern is the potential for a series of developers to request a reduction in parking in an effort to construct a larger building. He felt that it is important to reserve the option in the future of providing additional parking if needed. He commented that a site should not be locked in and create problems in the future.

Commissioner Williams moved, Commissioner Aldrich seconded that the Planning Commission approve Resolution 98-234, recommending that the City Council approve the draft Negative Declaration and proposed policy plan amendments. Motion approved 6-0.

Proposed amendments to the Vacaville Municipal Code related to parking of non-operable vehicles in residential districts, maintenance of vacant buildings, storage and accumulation of debris and junk, maintenance of clear public streets and sidewalks, and administrative procedures related to the above items. The proposal also includes an amendment to the Land Use and Development Code related to the portion of the front yard of residentially-zoned properties that may be paved. This item was continued from the Planning Commission meeting of December 2, 1998. This item was continued to the Planning Commission meeting of January 19, 1999.

Senior Planner Macaulay reviewed the proposal and introduced the staff report into the record, noting that it pertains to the appeal of the conditions of approval of a Home Occupation Permit for 124 Kearney Way. The appellant is requesting to store a trailer, used as a mobile Santa’ s Workshop, on the street in front of the residence. The conditions of approval of the Home Occupation Permit prohibit such storage.

Bret Nye, appellant, commented that although there had been three letters in opposition received, he had also submitted a petition in support. He clarified that he is requesting that he be allowed to store his trailer on the street in front of his house from Thanksgiving to Christmas, from 10 p.m. to 8 a.m. He agreed to not turn the lights on while it was parked at his house and that he would try to use an alternate power source at his house, rather than a noisy generator. He added that he would like to be able to use the trailer throughout the year at home shows and other events like birthday parties. Mr. Nye stated that he is working on obtaining his contractors license and hopes to have a commercial location where he can store the trailer. He stated that during the off season he has a location in the county where he stores the trailer at, but during the Christmas season, he doesn’ t have the time to go back and forth to get the trailer. He noted that in the past, he kept the trailer at a commercial location in Fairfield, but he had problems with vandalism. He clarified for the Commission that the trailer is built to CalTrans specifications.

Lori Collins, 128 Kearney Way, stated that she had concerns with safety, stating that it is difficult for her to pull out of her driveway because the trailer blocks visibility. She also said that it is difficult for two cars to pass in the street and cars often stop and wait for another car to pass to allow the necessary room to drive by the trailer. She felt that the trailer is an eyesore, and will be constantly renovated, depending on the seasonal event Mr. Nye is using it for. She stated that in December, a piece of the trailer blew off and landed in her yard. Ms. Collins noted that she also has a home occupation permit, but it is not visible. She noted that the lights on the trailer draw attention to the business, and she does not want it parked in the street all the time.

Edward Colonna, 125 Kearney Way, sated that he lives across the street, and the trailer is very visible from his residence. He stated that he doesn’ t think it is distasteful, and when the lights are on, it is no different than people who have Christmas lights on their house. He felt that Mr. Nye has made an effort to not attract attention to his business.

Commissioner Drake stated that he had sympathy with the applicant regarding the regulations for a home occupation because he has one himself, but the requirements are stringent and need to be adhered to. He emphasized that there should not be any attention drawn to the residence because of the business.

Commissioner Williams stated that he had been contacted by Dennis Miller, an area resident who was unable to attend the meeting and is in opposition to allowing the trailer to be parked on the street. Mr. Williams stated that there needs to be a distinction between residential and commercial uses, which is why there are certain regulations for home occupation permits. He stated that the business should not draw attention to the home. He agreed that there is the potential of a safety hazard if the trailer is kept on the street, and that the original conditions of approval should be upheld.

Vice-Chairman Minkler moved, Commissioner Turpen seconded that the Planning Commission uphold the Community Development Director’ s approval of the Nye Home Occupation Permit, including the conditions of approval, and deny the appeal. Motion approved 6-0.

Mr. Nye questioned what the regulations would be if he were to park the trailer at a commercial location. Mr. Macaulay stated that he would be willing to meet with Mr. Nye to discuss other alternatives. Commissioner Turpen stated that he was in favor of Mr. Nye’ s business, but he would need to find an alternate location to store the trailer. Commissioner Drake noted that there are options for him which may not be preferable, but are available.

1. City Planner Emerson updated the Commission on the public sidewalk planned along Elmira Road, adjacent to the City Corporation Yard.

2. Assistant Director Rowland responded to Commission questions regarding traffic issues. Chairman Wilkins noted that he appreciated the information that was received regarding his concerns. He felt that it may be appropriate to revisit the intersection of Peabody and Foxboro as more development occurs there in the future. Commissioner Williams also noted his appreciation for the response to his concerns regarding the inability to make U-turns at Nut Tree Parkway and Allison Drive. He felt that the intersection could still be designed to permit U-turns.

3. Assistant Director Rowland reviewed the tentative schedule of future Planning Commission items and select items under staff review.

4. Assistant Director Rowland reviewed the tentative agenda for the upcoming special Planning Commission meeting regarding Proposition 1A and SB 50. Mr. Rowland noted that the meeting was tentatively scheduled for Wednesday, January 27, 1999. Commissioner Williams requested that an item be added to the agenda where he and Commissioner Dimmick could provide the information they received on the topic at the Planners Seminar. He suggested that it would be appropriate to place that item before the City Attorney’ s comments and after the discussion of financing of local school facilities. Commissioner Turpen suggested that they discuss incentives for developers to pay additional school fees. He felt that it is important to prove to lobbyist that these propositions will not affect Vacaville. Commissioner Williams also requested that the City Attorney discuss how General Plan policies can be used to provide mitigation measures and what options are available to the Commission. He also questioned if the City Council had been notified about the special meeting and if they were interested in participating. Mr. Rowland stated that they had contacted the City Council through the City Managers office and had not received a response. He also noted that residential developers would be invited to participate in the meeting.

Commissioner Drake commented about the Crossings Shopping Center that it is difficult to enter and exit the site, and parking is limited. Mr. Rowland commented that staff is aware of the situation, adding that the long term solution is that the adjacent property is also commercial and will be designed so that the area is one center, and there will be an additional driveway with a light. He clarified that CalTrans regulates the “ no right on red” at the intersection, which causes a back up in the area. Mr. Drake commented that a signal at the entrance across from Mervyns would be helpful.

Commissioner Williams questioned what has been learned by this development and the traffic impacts that it has created.

City Planner Emerson stated that it was thought that the mix of restaurant and retail uses would do well in the area, since the parking for Petco could be used as overflow in the evening when they aren’ t open. He noted that staff would evaluate the situation with the Traffic Engineering Division.

Assistant Director Rowland noted that when traffic studies are conducted, they are not set for the absolute busiest time, which would have been over the past few weeks during the Christmas season. He noted that they will continue to look at the situation and make adjustments.

Vice-Chairman Minkler noted that the new standards for screening of new backflow prevention devises was effective, but questioned if there is a way that existing devices could also be screened. Mr. Emerson noted that the Public Works department has funding available to paint some of the existing devices. He noted that if there were particular locations that Mr. Minkler was concerned about, that he would research this to determine if additional screening is possible. Mr. Minkler requested that they investigate the possibility of screening the devices.

Commissioner Aldrich noted that the landscaping at Red Carpet Carwash continues to be in poor condition. Staff noted that they had been in contact with the City’ s Landscape Office and that the site is in violation and the business/property owner will be contacted. Ms. Aldrich also noted that the lighting on the UC Medical building is extremely bright and shines into adjoining residences. She stated that they are turned off for 1-2 days then the problem continues again. She also noted that there is a lot of late night activity that occurs in the building. Mr. Emerson stated that the contractor has been contacted and will work with her to eliminate the light and glare.

Commissioner Williams questioned the status of the Council’ s action regarding the reservoir. Mr. Rowland noted that they were waiting for a report from Westminster regarding the reservoir that failed there and how Vacaville’ s tank would be different.

Chairman Wilkins requested that Commissioner Dimmick be contacted about the special meeting on January 27^th.