HomeMy WebLinkAboutResolutions 89-291 N.C.S. 09/18/1989~;
-~.
Resolution No. s9-291 N.C.s.
of the City of Petaluma, California
DENYING APPEAL OF PLANNING COMMISSION ACTION
ON McPHAIL'S CONDITIONAL USE PERMIT
AP NO. 005-010-12
WHEREAS, on July 25, 1989, Planning Commission approval was granted for
a conditional use permit to allow a propane and bitumus (road oil)
distribution facility at 850 Lindberg Lane; and
WHEREAS, an appeal of the Planning Commission's decision was
appropriately filed on August 7, 1989 by Irv Piotrkowski on behalf of Victor
Nagel stating objection to granting of this conditional use permit; and
WHEREAS, the City Council has held public hearings on September 5, 1989
and September 18, 1989 to consider this appeal and consider all reports,
agency comments, and testimony presented at these meetings; and
WHEREAS, the City Council has considered all previously submitted
information, reports, agency comments, and Planning Commission minutes
relative to this matter;
NOW THEREFORE BE IT RESOLVED that the City Council finds that a
negative declaration can be adopted for this project and a conditional use
permit approved with the findings and conditions as listed in the Minutes of
the July 25, 1989 Planning Commission meeting and as further clarified by
the City Council on September 18, 1989, and that the Planning Commission
acted appropriately in its decision of July 25, 1989; and
BE IT FURTHER RESOLVED that the City Council finds that the proposed.
use is a conditional use in the Light Industrial Zone; and
BE IT FURTHER RESOLVED that the City Council finds that the proposed
use, as conditioned by the Planning Commission and as further clarified by
the City Council, complies with pertinent local and state regulations and
1
iz~s. v~~.........._.....8,9-29r1.cs.
standards and will not result in significant impacts related to health and
safety; and
BE IT FURTHER RESOLVED that the City Council hereby denies the appeal
of Irv Piotrkowski/Victor Nagel; and
BE IT FURTHER RESOLVED THAT all conditions of approval adopted by the
Planning Commission shall remain in full effect, incorporating the
clarifications as made by the City Council on September 18, 1989 as follows
1. This use permit shall allow a propane and bitumus distribution facility.
Project size and operation shall substantially conform to the approved
Project Description in the staff report dated. 25 July, 1989. Retail
sales shall be permitted only as an incidental use to the principal use
of the site as a storage distribution facility.
2. The following requirements of the Fire Marshal shall be met:
a. Provide fire hydrants as shown on plan.
b. Installation of tanks shall conform to the 1985 Uniform Fire Code
and Sections 30 and 58 of the National Fire Protection Association.
A deluge sprinkler system shall be provided at the propane
transfer station and tanks, subject to Fire Marshal approval.
c. Provide fire extinguisher 2 A rated A B C dry chemical type as
required by the Fire Marshal.
d. Building shall be protected by an automatic fire extinguishing
system as required by Section 10.308A of the 1985 Edition of the
Uniform Fire Code.
e. Provide KNOX box for key control located on building as required
by the Fire Marshal.
-,
L
Reso. 89-291 N.C.S.
f. Check valve in Fire Department connection to be installed above
grade.
g. Barricades shall be provided to protect gas meters from vehicular
traffic impact.
h. Two-inch clearance shall be provided around fire sprinkler lateral
and riser at foundation and floor slab.
i. Provide electrical conduit from post indicator valve to alarm panel
location for tamper switch as underground is being installed.
j. Permit required for alarm system, prior to installation.
3. The following requirements of the City Engineer shall be met:
a. Storm drain improvements must be in accordance with SCWA
Master Plan.
b. Lindberg Lane dedication and half street improvements including
paving, curb, gutter and sidewalk to City standards are required
at time the propane or bitumus tanks are in use or when the
warehouse is constructed, whichever comes first, subject to the
approval of the City Engineer.
4. Submitted building plans shall be signed by the responsible party as
required by the Chief Building Inspector.
5. All requirements of the California Administrative Code Title 8, Unified
Pressure Vessel Safety Orders, shall be met in the development and
operation of this facility, subject to the approval of the Occupational
Safety and Health Agency. Prior to the issuance of a building permit,
OSHA approval of construction drawings shall be obtained.
6. No outdoor storage shall be permitted.
3
Reso. 89-291 N.C.S.
7. Revised plans shall be submitted for SPARC review and approval which
meet the following requirements:
a. Buildings, landscaping, parking, circulation, signs, fences, tank
location, and site design shall be subject to SPARC review.
Elevations for both the warehouse and control building shall be
submitted for SPARC review.
b. The bitumus tanks shall be relocated outside of the required rear
setback. The visual impact of the bitumus tanks shall be
minimized through their location and/or landscape screening.
c. A landscape plan shall be submitted. Propane tanks shall be
screened from all vantage points including Caulfield Lane by a
heavy landscape screen, including trees. An ample landscape
strip shall be provided on all property lines .
d. No parking shall be permitted in the required front yard setback
along Lindberg Lane (Zoning Ordinance Section 20-412) . The
setback shall be landscaped. Parking lot design shall meet
Zoning Ordinance and SPARC landscaping and parking
requirements .
e. If a metal warehouse building is proposed, architectural features
and landscaping against building facades shall be provided to
enhance building appearance.
f. A second fence shall be provided around the propane tanks,
subject to Fire Marshal approval. The dispensing area for
incidental retail sales shall be physically removed, protected from
vehicles and systematically separated, from the main tanks.
g. An alarm system shall be installed, subject to Fire Marshal
agreement and approval.
4
Reso. 89-291 N.C.S.
h. Plans shall be reversed to place tanks next to vacant lot, e. g.
closer to Payran.
i. A Risk Management and Prevention Plan shall be developed and
submitted to the Fire Marshal for acceptance. All portions of the
Risk Management and Prevention Plan shall be met prior to the
commencement of operation.
8. Drainage/grading plans shall be submitted for SPARC review and
approval to ensure that development of the site meets City
requirements and will not adversely impact the vernal pool south of the
project site. Plans shall be submitted to the California Department of
Fish and Game for review and comment.
9. A materials safety data sheet shall be submitted to the Planning
Department for the road oils. (A permit from the Bay Area Air
Quality Management District is required if the initial boiling point
exceeds storage temperature by more than 180° Fahrenheit) .
10. This project shall pay a pro-rated share of the improvement costs
associated with the Lindberg Lane water line, subject to the approval
of the City Engineer .
11. Unless servicing a property located on these streets, all trucks
traveling to or from the project site .shall be prohibited from Payran
Street north of Lindberg Lane and Lindberg Lane east of the project
site .
12. Storm drainage requirements shall be installed subject to approval of
the City Engineer and SCWA.
13. This project shall be responsible for the payment of special
development fees adopted by the Petaluma City Council for storm
drainage impact, sewer connection, water connection, school facilities,
and community facilities development.
5
Reso. 89-291 N.C.S.
14. This project developer shall be responsible for the payment of Major
Facilities Traffic Mitigation Fees of $50.00 per daily trip end estimated
to be generated by this development prior to the issuance . of a
building permit. Project contribution shall be determined by City
Traffic Engineer in conjunction with SPARC review.
15. This project shall comply with Zoning Ordinance Article 2Z Performance
Standards.
reso. mcphails .denial/resol2
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the .Approved as to
Council of the City of Petaluma at a (Regular) (~}X>~~~ meeting fO ~
on the ... 1 B t h day of ................ ~~S e;~t emb e r-•-----..........., 19... $ ~, by the ~~(1C
following vote: "-~ --"-
City Attorney
AYES: Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel
NOES: 0
ABSENT:O STAIN: Tencer, Mayor Hilligo s
ATTEST: .---•--......~~2ct..L•~.% ........................ G~'S,_._._._.............. ....-..... '
City Clerk 6 Y~ct Mayor
council ~19-- 291 .....................
CA 10-85 ~ Res. No . .............................. N.C.S.