Loading...
HomeMy WebLinkAboutResolution 89-021 N.C.S. 01/17/1989-'~: Resolution No. s9-21 N C.S. of the City of Petaluma, California RESOLUTION APPROVING USE PERMIT FOR MCDONALD's RESTAURANT AT NORTHWESTERN CORNER OF LAKEVILLE STREET AND CAULFIELD LANE (A.P, NO. 005-020-57) WHEREAS, McDonald's Corporation, in conjunction with Petaluma Gateway Partners, applied for a use permit allowing a free-standing fast food restaurant not exceeding 5, 000 square feet of floor area with drive-through lane within the Gateway Shopping Center located at the .northwestern corner of Lakeville Street and Caulfield Lane (Sonoma County Assessor's Parcel No. 005-020-57); and, WHEREAS, the Planning Commission held a duly noticed public hearing on this application on December 13, 1988, during which all testimony either written or verbal was noted and considered prior to their rendering a decision on this matter; and, WHEREAS, this application was considered by the City Council on January 17, 1989, pursuant to conditions approving the Gateway Center (Council Resolution No. 86-263 N.C.S.) ; and, WHEREAS, the Planning Commission recommended conditional approval of this use permit; and, WHEREAS, the Council hereby finds as follows: Findings 1. The proposed use, subject to the conditions of approval, conforms to the intent and requirements of the Zoning Ordinance and General Plan. 2. This project will not constitute a nuisance or be detrimental to the public welfare of the community due to the mitigation measure incorporated by the certification of the final EIR and in the conditions of approval for the Use Permit . 3. This project is exempt from further environmental review because it substantially conforms with the project description reviewed in the Gateway Center's certified environmental impact report (Petaluma Environmental Review Guidelines Section 6.4.3(a)) . NOW, THEREFORE, BE IT RESOLVED that based on the foregoing findings, the City Council of the City of Petaluma grants a use permit to 1 Res. No......89-21.......... N.C.S. McDonald's Restaurant for a fast food restaurant not exceeding 5, 000 square feet of floor area with drive-through lane (as shown on plans dated October 19, 1988, on file with the Planning Department, File No. 1.615) , subject to the following conditions Conditions (Site Specific) 1. This project is subject to SPARC approval. Special items of concern that SPARC shall address include, but are not limited to: a. Berms and landscaping along the street frontage to better buffer drive-through lane headlights from street traffic. b. Changing the architecture on the northern, southern, and western elevations to incorporate more detail elements, especially if said elements further incorporate details of the Center's main buildings, such as addition of awnings where appropriate. The tower and advertising thereon shall be revised to better reflect the style of the main center; e.g., shortened with no directly lit, plastic, or neon corporate emblems or advertising. For instance, a tower shortened with relief arches/emblem lit only from a hidden indirect source may be allowed. c. Better distribution of compact parking spaces. d. Assurance that the restaurant's sign program not only conforms to City ordinances but also is aesthetically pleasing and compatible with the building and environs. e. The height and number of the flag poles relative to the scale of the building to conform to the center's sign program. f. Transformer relocation or screening. g. Building not to exceed 5, 000 sq. ft. h. Parking spaces to be possibly reconfigured to smooth traffic ingress/egress between drive-through lane and two-way parking lot traffic . 2. Delivery trucks shall be directed to the trash enclosure driveway. Appropriate signs or other demarkation are subject to SPARC approval. 3. Parking lot and accent lighting shall conform to the lighting program for the Center. 2 Reso. 89-21 N.C.S. 4. Paved access shall be provided between this site and street ingress/egress in the event this project is constructed prior to the Center. Conditions Previously Imposed on this Site by Shopping Center Use Permit 5. All structures shall be built at least to the minimum standards of the Uniform Building Code for seismic safety. 6. Site preparation and grading shall conform to the recommendations of a registered soils engineer in the State of California and subject to review and approval of City Engineer. Recommendations must be included for addressing the issues of expansive soils and settlement. 7. Site drainage work shall be subject to review and approval of the Sonoma County Water Agency and City staff in accordance with the Petaluma River Watershed Master Drainage Plan, 8. The applicant shall comply with all applicable flood mitigation requirements adopted by the City Council as contained in Zoning Ordinance Article 16 and Municipal Code, Chapter 17.30 "Storm Drainage Impact Fee." All improvements and grading shall comply with the Sonoma County Water Agency's Design Criteria. 9. An effective sprinkling program to reduce dust emissions shall be implemented during construction . 10. The project shall pay a pro-rate share of the improvement costs associated with the new sanitary sewer line along Lakeville per the Sanitary Sewer System Master Plan, subject to review and aproval of the City Engineer. Any share paid by the Center on behalf of this restaurant site shall be credited toward fulfilling this condition. 11. The applicant shall submit a litter control plan and a landscape maintenance plan as part of the SPARC review application. 12. Employees shall be allowed to park on the project site (within the Center) . 13. All overhead utilities fronting or traversing any portion of the project site shall be converted to underground facilities, subject to staff review and approval. 14. A sign program for the restaurant shall be developed and submitted as part of the SPARC application package. The restaurant's signs must conform to the Center's sign program. 3 REso. 89-21 N.C.S. 15. Truck circulation pattern serving the site shall be such as to prohibit truck traffic north on Payran beyond Lindberg and east on Lindberg beyond Payran. Standard Conditions 16. Root barrier systems shall be utilized for trees near streets or walkways as needed, subject to staff review and approval. 17. All work within a public right-of-way requires an excavation permit from the Department of Public Works. 18. A separate water meter shall be provided for landscape irrigation systems or as required by staff. 19. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. 20. Any future color schemes that vary from those approved shall be subject to SPARC review. 21. All outdoor mechanical equipment, satellite dishes, fire main and all rooftop equipment shall be fully visually screened upon installation subject to the approval of the Community Development Department. Screening devices shall be shown on construction and/or landscape plans . 22. Trash enclosure screens shall be protected from vehicular movements with minimum three foot wide curbed landscape buffers, and shall be designed to conform with all specification of the City Trash Enclosure Screen Design Standards . 23. All above ground meters and transformers shall be shown on plans and screened with landscaping materials subject to approval of the Community Development and Planning Department. Any combination of earth berms, retaining walls and landscaping may be used to accomplish said screening . 24. A certification stamped by a Registered Professional Engineer or Registered Land Surveyor (elevations only) that the lowest floor is at least twelve (12) inches above the base flood elevation (BFE) or that the structure is flood-proofed. 4 Reso. 89-21 N.C.S. 4 a 25. Prior to issuance of Certificate of Occupancy, developer shall pay to the City $50, 00 per daily trip end estimated to be generated by the increase in restaurant size above 2, 900 square feet (as estimated in the Lucky Center EIR traffic section) as determined by the Planning Director. If the City establishes a Major Facilities Traffic Mitigation Fee prior to occupancy, the fee shall be either $50.00 per trip end or the Major Facilities Traffic Mitigation Fee, whichever is less. In determining the traffic generation caused by this restaurant, the Director shall rely on estimates contained in the Lakeville Shopping Center EIR, but shall account for (subtract) linked trips; i.e. , those in which the restaurant is an intermediate stop or shared stop with the Center. Linked trips are estimated to be 50 percent of the total, reso.mcdonalds/resol0 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 thee'"~ ,,Approo~ d as Council of the City of Petaluma at a (Regular) (~}~(l~e~d~ meeting f on the .__17.th_._.__...... day of ..............Ianuar.~z..___._._...._.._........._._, 19_.8_, by the - following vote: AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, Mayor Hilligoss ~ NOES: 0 ABSENT: 0 ~ ~ ` ATTEST: ..._Q . . City Mayor ~'~~U~ CIS CLERK ~,~~~ F~i~...... 5........---- CA 10-85 ~ Res. No. ......8.~c..~.l......... N.C.S.