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HomeMy WebLinkAboutResolutions 88-014 N.C.S. 01/19/1988i `~" `' ~ Res®IUtlOrl N0. 88-14 N.~.s. `~ of the City of Petaluma, California A RESOLUTION RENDERING DECISION ON THE APPEAL OF CINERAMA THEATERS FROM THE ACTION OF THE PLANNING COMMISSION ON THE CONDITIONAL USE PERMIT FOR AN EIGHT SCREEN TF3EATRE COMPLEX AND APPROVING A MITIGATED NEGATIVE DECLARATION WHEREAS, the Planning Commission held a duly noticed public hearing to consider a conditional use permit for development of an eight screen motion picture theater complex on 7.3 acres (portion of AP No's 007-411-08 and 10) , and WHEREAS, the Planning Commission granted the conditional use permit subject to certain conditions; and WHEREAS, Cinerama Theaters has appealed the action of the Planning Commission at their meeting of November 24, 1987, pertaining to certain conditions requiring additional right-of-way dedication and the payment of Major Traffic Facilities Improvement Fees; and WHEREAS, the recommended Mitigated Negative Declaration and Conditional Use Permits have been properly brought before and heard by the City Council at a duly noticed public hearing on January 4, 1988 at which the applicants, their representatives and all interested parties were permitted to be heard; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following findings pertaining to the issuance of a Mitigated Negative Declaration 1. The project as conditionally approved does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten or eliminate a plant or animal community, .reduce the 8!8-14 1 of 8 Ices. No. .. _ .......................... N.C.S. r number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 2. The project as conditionally approved does not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals . 3. The project, as conditionally approved, does not have possible environmental effects which are individually limited but cumulatively considerable. 4. The environmental effects of this project, as conditionally approved, will not cause substantial adverse effects on human beings, either directly or indirectly. 5. A traffic analysis report was prepared which determined that with incorporation of off-site road improvements and additional right-of-way dedication, anticipated adverse traffic impacts would be mitigated to an acceptable level. 6. That analysis of specific anticipated traffic impact level is difficult due to the special single use proposed and that mitigation of anticipated impacts must be staged so that actual counts can be taken of the specific use . That the extraordinary circumstances with this particular use warrants this method of analysis and mitigation . NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby adopts the following findings for the issuance of a conditional use permit for said theater complex: 1. The proposed use, subject to the conditions of approval conforms to the intent and requirements of the Zoning Ordinance, and the General Plan . 2 2 of 8 Reso. 88-14 NCS 2. This project will not constitute a nuisance or be detrimental to the public welfare of the community due to the mitigation measures incorporated in the Conditions of Approval. NOW, THEREFORE, BE IT FURTHER RESOLVED that based on the foregoing findings, the appeal of the action of the Planning Commission is hereby decided as follows TO UPHOLD GRANTING OF A CONDITIONAL USE PERMIT FOR DEVELOPMENT OF AN EIGHT SCREEN MOTION PICTURE COMPLEX OF 28, 320 SQUARE FEET (l, 928 SEATS AND 516 PARKING SPACES) ON 7.3 ACRES (PORTION OF AP NO's 007-411-08 & 10) SUBJECT TO THE FOLLOWING CONDITIONS; 1. The building, landscaping, parking and driveway arrangements shall be subject to review and approval by the Site Plan and Architectural Review Committee prior to issuance of building permits . SPARC consideration should focus on the following a. architectural design quality. b . adequacy of landscaping . c. appropriateness of landscaping in easement areas. d, sign adequacy and quality of design. e. fencing needs, interface with adjacent industrial uses. 2. A street tree planting strip shall be provided. As an alternative, street trees in holes provided behind the curb shall be provided along the frontage of the property. Placement, spacing, species selection and planting details subject to City staff approval. 3. A center landscape median shall be provided for the length of frontage of the proposed project, subject to SPARC and staff review and approval. Timing of improvements can coincide with phase development of the overall parcel so that the median is developed as each portion of the parcel is developed, subject to review and approval of the City Engineer. 3 Reso. 88-14 NCS 3 of 8 4. All requirements of the Fire Marshal shall be met. 5. All grading shall conform to Sonoma County Water Agency design criteria. 6. The developer shall agree to maintain all landscaping abutting this site which is located between the property line and the street improvements. The developer shall record an agreement to insure this maintenance, subject to staff review and approval. 7. Applicant shall participate on a fair share basis in any future assessment districts or other funding mechanisms formed to improve areawide flooding, or other subregional problems for which development of this property is found to be a contributing. factor. Major Traffic Facilities Improvement Fees shall also be applicable in a base amount of $90, 000 (factored on $150.00 x 600 ADT [ 75 ADT per screen x 8 screens ]) , to be paid at time of building permit issuance. An actual attendance/traffic count shall be conducted by the City of Petaluma at the end of one year of operation. Methodology for the measurement shall be arrived at through discussion between City staff and representatives of Theatre. Adjustment of the fee shall. be concluded at that time and payment of that portion of the fee exceeding the original $90, 000.00 shall be paid forthwith by applicant to the City or refund of any excess shall. be paid by City to applicant. A binding agreement shall be executed, prior to the issuance of a building permit, to insure satisfaction of the impact assessment subject to final determination by the City Council. The fee shall not exceed $150.00 per average daily vehicular trip end. 8. This project is subject to Community Facilities Development Fees payable at the time of issuance of building permits. 9. This project shall be subject to payment of storm drainage impact fees per Municipal. Code Chapter 17.30. 4 Reso. 88-14 NCS 4 of 8 10. Construction and on-going activities shall comply with applicable Ordinance and Municipal Code performance standards (noise, dust, odor, etc. ) 11. The .requirements of the Police Department shall be considered during SPARC review with regard to the site plan and operation of facilities at the site. 12. Commencement of movies shall be staggered so as to spread arrival/departure times over a period of time rather than simultaneous commencement. 13. The following mitigations suggested by the traffic consultant shall become conditions of this use permit: a. If deemed necessary by the City Engineer, widen McDowell Boulevard north along property frontage by 12 feet; restripe street to provide for two-way left turn lane in median, concurrently with completion of public improvements. Project applicant to provide 1000 of cost. b. Intersection improvements to McDowell Boulevard North and Old Redwood Highway. Project applicant to provide fair-share portion of this cost (proportionate to share of traffic volume used) at time of building permit issuance. c. Provide sidewalk along McDowell Boulevard street frontage for portion of the parcel being developed with theatre complex. d. Improvements to Old Redwood Highway interchange. Project applicant to provide an offer of dedication to the City of Petaluma prior to the issuance of a building permit for an area not to exceed 60 feet in width of right-of-way, parallel to the existing property line of the adjacent property owned by CALTRANS. Said offer of dedication to remain open until 90 days following receipt by City of a needs assessment study by CalTrans as to 5 Reso. 88-14 NCS 5 of 8 the future right -of-way needs or five years from issuance of building permit, whichever date is earliest. Within said 90 days City shall either accept the offer of dedication or any portion thereof on behalf of CalTrans or reject said offer. In any event, said offer shall expire either following the 90 day period described above or 5 years from issuance of a building permit. e. Project applicant shall agree to pay a percentage of the cost of interchange ramp junction signalization improvements, based on the number of theater seats. The amount to be determined by the City Engineer and payment made prior to issuance of building permit . f. Signalization of North McDowell Boulevard and Old Redwood Way. Participation in a 50/50 split of cost between Redwood Business Park and those parcels designated "special commercial" by the Petaluma General Plan at the corner of North McDowell Boulevard and Old Redwood Highway. Proportional share shall be determined by the City Engineer based on percentage of total acreage by development, to be paid prior to issuance of a certificate of occupancy. g. The height and massing of landscaping along North McDowell Boulevard shall be kept to 40 inches or less for dense plantings, or else sparse plantings (such as trees with no low branches) should be used in the critical sightline areas . h. Bus turnout to be provided on N. McDowell (southbound direction only) subject to staff review and approval. i. Cul-de-sac will be provided at terminus of Stub Road subject to staff review and approval. 6 Reso. 88-14 NCS 6 of 8 ~, 14. All utilities shall be undergrounded as required per Municipal Code Section 14..36. 15. Litter control program to be established to satisfaction of staff . 16. Use permit may be recalled by Planning Commission for review at any time due to complaints regarding noise generation, loitering, litter or any other detrimental operating characteristics . At such time, the Commission may add or modify conditions of approval. 17. No additional development shall occur on the remainder of the parcel until such time as a cohesive master plan is developed for the remainder of this parcel and A.P.Numbers 007-411-7,9,18 & 19, including provisions incorporated in the master plan for coordinated vehicular and pedestrian circulation between this parcel and the properties to the north and west between the Cinerama complex and Old Redwood Highway and from North McDowell Boulevard to Holm Road (extension) in accordance with the Council policy pertaining to "Special Commercial" land use designation. This project shall be integrated with said cohesive master development plan . 18. Access (either by easement or public street, to be determined by City) from North McDowell Boulevard to Assessor 's Parcel No. 007-411-18 need not be offered for dedication until the remainder of the Cinerama parcels (007-411-08 & 10) receives City approval of a development plan or approval for redivision of the remainder of the property which comprises the theatre site. The access to said parcel 007-411-18 across Cinerama property need not be improved until the owner of said AP 007-411-18 receives City approval of a development plan. The cost of constructing the access street to parcel 007-411-18 shall be borne by the owners of all the parcels served by such access street, in proportion to the benefit received by each parcel from such street. In addition, the Cinerama parcel owners who are required to dedicate right-of-way for such street shall be similarly compensated for 7 Reso. 88-14 NCS 7 of 8 . .- said dedication proportionately by the other benefitted owners for the fair market value of the land dedicated at the time of their development. If the owners cannot agree as to the fair market value of the right-of-way, or the relative benefits to the parcels served, or both, such matters shall be resolved by arbitration under the rules of the American Arbitration Association . The owner/developer of the Cinerama Theatre complex shall sign a binding agreement prior to the issuance of a building permit, agreeing to the above provision. If per condition #17, above, the property between Old Redwood Highway, McDowell Boulevard North, Holm Road (including all parcels described above) are developed as a single integrated project, the provision of public street access may, at the discretion of City staff, be avoided. reso. cinerama reso9 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 owed as to Council of the City of Petaluma at a (Regular) (pp) meeting r ` ~fo~m,.,,, on the ...19th.--••----- day of ................Jan~1a.Y;y...........---°---.._, 19.g.~, by the G'' . following vote: f t City Attorney AYES: Sobel, Balshaw, Cavanagh, Davis, Vice P~Iayor Woolsey, Leta r Hilligoss r~•. NOES: 0 ,~ i ~.. 1• ,~ i ABSENT: T nc ' .. ,~ /~ / ~ ... .... ATTEST: -.. ...L~~!~~~E~ ~-- ./ ~ ~.- .~.._.~•~.(:.4 .................................... -=•.•--•--•-• City Clerk 8 Mayor Council FiOleO ................................... CA 10-85 ~ Res. No. ..ix.i].-.1.4.......... N.C.S.