HomeMy WebLinkAboutResolution 99-087 N.C.S. 04/12/1999 Y
~eS01L1t1OI1 lv O. 99-87 ~.C.,.7.
of the City of Petaluma, California
1
2
3 DENYING THE APPEAL AND APPROVING THE SITE AND ARCHITECTURAL PLANS
4 FORA 4,500 SQ.FT, RETAIL BUII.,DING AT REDWOOD PLAZA SHOPPING CENTER,
5 5308 OLD REDWOOD HIGHWAY, APN 137-011-062
6
7
8 WHEREAS on October 22, 1998 and December 10, 1998 the Site Plan and Architectural Review
9 Committee held a public hearing, heard testimony and reviewed the site and architectural plans for
to a 4,500 sq. ft. retail building proposed to be constructed at 5308 Old Redwood Highway; and
11
12 WHEREAS on December 10, 1998 the Site Plan and Architectural Review Committee approved
13 the site and architectural plans fora 4,500 sq. ft. retail building; and
14
15 WHEREAS the approval was appealed by Jerry Schwartz on December 23, 1998 based on the
16 grounds that parking is inadequate at the shopping center; and
17
is WHEREAS noticed public hearings were held by the City Council on February 1, February 22,
19 March 1, and April 12, 1999; and
20
21 WHEREAS the City Council further finds that the approval of site and architectural plans for a
22 4500 sq. ft. retail building is in general conformity with the intent, goals, policies and programs of
23 the Petaluma General Plan, and the Redwood Plaza Shopping Center development plan and
24 parking standards (which require 1 space per each 300 sq. ft. of building).
25
26 NOW THEREFORE, BE IT RESOLVED, that the City Council hereby denies the appeal of the
27 Site Plan and Architectural Review Committee's action, thereby upholding the Site Plan and
28 Architectural Review Committee's approval of site and architectural plans fora 4,500 sq. ft. retail
29 building at 5308 Old Redwood Highway, based on the following findings and subject to the
3o following mitigation measures and conditions:
31
Resolution No. `~9-87 x.c.s. Page 1 of 10
1 Findings for Adoption of a Negative Declaration of Environmental Imnact:
2
3 1. An Initial Study was prepared in 1995 that is still applicable to this project; proper notice
4 was provided for this project in accordance with CEQA and local guidelines.
5
6 2. Based upon the 1995 Initial Study, potential impacts could be avoided or reduced to a
7 level of insignificance by mitigation measures attached as conditions of approval. There is
8 no substantial evidence that the project, as conditioned, would have a significant effect on
9 the environment.
10
11 3. The project does not have potential to affect wildlife resources as defined in the Fish and
12 Game Code, either individually or cumulatively.
13
14 4. The project is not located on a site listed on any Hazardous Waste Site List compiled by
1 s the State pursuant to Section 65962.5 of the Government Code.
16
17 5. The Site Plan and Architectural Review Committee reviewed the 1995 Initial
18 Study/Negative Declaration and considered the comments before making a decision on the
19 project.
20
21 6. The record of proceedings of the decision on the project is available for public review at
22 the City of Petaluma, Planning Department, City Hall, 11 English Street, Petaluma,
23 California.
24
25 Mitigation Measures for the 4,500 s4. ft. Retail Building:
26
27 1. Plans submitted for grading and/or site improvements shall include proper soil erosion
28 control measures, as established in Title 17 of the Petaluma Municipal Code, and be
Reso. 99-87 NCS Page 2 of 10
2
1 provided prior to issuance of a building permit. This project shall be responsible to pay the
2 City's Storm Drainage Impact Fee as established in the City's current Special Development
3 Fee booklet (PMC Section 17.30). Fees are based on the building size as calculated at
4 time of building permit issuance and collected prior to issuance of a Certificate of
5 Occupancy.
6
7 2. The project sponsor shall comply with all City ordinances and policies regarding
8 development in Floodplain Combining districts, including requirements that the finished
9 floor elevation be 12 inches above base flood level. A certification stamped by a
1o Registered Professional Engineer or Registered Land Surveyor (elevations only) that the
11 lowest floor is at least twelve (12) inches above the base flood elevation (BFE) or that the
12 structure is flood-proofed shall be submitted to the Building Division prior to issuance of a
13 Certificate of Occupancy.
14
15 3. There shall be no open storage. No fixed, portable or movable display racks shall be
16 permitted anywhere at any time on the exterior grounds. The site shall be maintained on a
17 daily basis to ensure than an accumulation of trash, litter, or debris does not occur on-site.
18 A litter control plan shall accompany the building permit submittal. A trash enclosure shall
19 be provided, with all trash bins and/or garbage cans fully screened.
20
21 4. Due to the increased vehicular circulation the site experiences during weekends,
22 construction hours shall be limited to 7:OOAM to 7;OOPM, Monday through Friday, none
23 on Saturday or Sunday. The project manager/contractor shall be required to comply with
24 all vehicle codes pertaining to noise. The project manager/contractor shall be required to
25 regulate noise impacts and hours of construction.
26
27 5. Alighting plan, complete with detailed cut sheets and photometric diagram(s) shall be
28 submitted for staff review and approval at time of building permit submittal. All lights
Reso. 99-87 NCS Page 3 of 10
3
1 attached to buildings shall provide a soft "wash" of light against the wall. All lights shall
2 conform to City Performance Standards (e.g., no direct glare, no poles in excess of 20 feet
3 height, etc.) and shall compliment building architecture.
4
5 6. To aid in circulation for both shopping centers, applicants shall submit a delivery
6 management plan at time of building permit submittal in order to coordinate deliveries to
7 Oil Changer and the retail building during off-peak hours.
8
9 7. Parking shall be maintained on site per the requirement that both shopping centers
to maintain a total of 305 parking spaces. At no time shall this parcel provide less than the
11 currently existing 70 spaces. It is acknowledged that there exists cross-over parking
12 easements between the parcels in Redwood Plaza Shopping Center; these easements shall
13 be retained in perpetuity for the life of the centers.
14
15 8. This project shall be subject to the City's current Traffic Mitigation Fee as established in
16 the City's Special Development Fee booklet (Petaluma Municipal Code 11.80).
17
is 9. The project proponents shall be responsible for a fair share contribution to the City's
19 community facilities development fee as outlined in the current Special Development Fees
20 handout. School fees shall be paid directly to the school district.
21
22 From the Fire Marshal:
23
24 1. Provide one fire extinguisher, 2AlOBC type, for each 3,000 square feet of floor space,
25 and/or a maximum travel distance of 75 feet.
26
27 2. Post address at or near main entry door -minimum four (4) inch letters on contrasting
28 background.
Reso. 99-87 NCS Page 4 of 10
4
1
2 3. This building shall be protected by an automatic fire extinguishing system as required by
3 the Uniform Fire Code.
4
5 4. Provide to the Fire Marshal's office, a minimum of two (2) sets of fire sprinkler plans and
6 calculations .for approval and issuance of permit prior to installation of system.
7
8 5. Provide to the Fire Marshal's office, a minimum of two (2) sets of fire sprinkler plans and
9 calculations for approval and issuance of permit prior to installation of system.
10
11 6. Provide an exit sign over all required exit doors.
lz
13 7. Provide a sign over main exit stating "This door is to remain unlocked during business
14 hours". Letters shall not be less than 1 inch high on contrasting background.
15
16 )From Public Works:
17
18 8. Provide a one inch domestic meter and RP backflow preventer.
19
20 9. Water meters and fire system detector check valve assembly are to be located in the public
21 utility easement on Redwood Highway on North McDowell out of traffic areas as
22 approved by the City Water Department.
23
24 From the Iuilding Division:
25
26 10. Certify pad elevations before building slab on grade is poured.
27
28 11. Certify finished floor elevation before occupancy.
Reso. 99-87 NCS Page 5 of 10
5
1
2 12. Soils with expansion index greater than 20 requires special design foundation per Uniform
3 Building Code 1803.2.
4
5 13. All retaining walls shall meet the requirements of the 1994 UBC, and shall comply with
6 Petaluma Standards Ordinance No. 1727/1988.
7
8 14. Mixed occupancy separation as described in Chapter 3 of the 1994 UBC must be
9 followed.
to
11 15. All roofing shall be "B" rated or better per Ordinance No 1744/1988.
12
13 16. Show site drainage and grading topography.
14
15 17. Indicate all utilities on site plan.
16
17 18. Responsible party to sign plans.
18
19 19. Submit soils report to verify foundation design.
20
21 20. Indicate group occupancy, type of construction, square footage.
22
23 21. Plans must show compliance to 1994 UBC, UPC, UMC, and 1993 NEC. Plans must also
24 show compliance to current Title 24 Energy Conservation and/or Disabled Access
25 Requirements.
26
27
28
Reso. 99-87 NCS Page 6 of 10
6
1 From the Planning Department:
2
3 22. Except as hereby amended, all other applicable Use Permit and SPARC conditions of
4 approval previously imposed for this center shall remain in full force and effect.
s
6 23. Installation of all paving and landscape improvements shall occur prior to occupancy of
7 the building.
8
9 24. Any outdoor advertising signs shall be submitted for review and approval of the Planning
1o Department prior to installation. All signs must conform to the Zoning Ordinance, The
11 Redwood Plaza Sign Program, and be compatible with the building and surroundings.
12
13 25. The landscaping plan shall be amended for building permit submittal to reflect the
14 following:
15
16 a. The proposed Raphiolepis located along the east property line shall be deleted and
17 replaced with an alternate shrub, subject to staff review and approval.
18
19 b. The proposed red oak and crabapple trees shall be deleted and replaced with
20 scarlet oak.
21
22 c. Additional landscaping shall be installed around the transformer located adjacent to
23 the east property line. One additional tree shall be planted behind this transformer.
24
2s d. The landscape island located along the south property line shall be expanded
26 eastwards with additional landscaping installed, such that the five parking spaces
27 located adjacent shall all be reconfigured to be compact in size. The curb in front
2s of this landscape island shall be painted red.
Reso. 99-87 NCS Page 7 of 10
7
1
2 Standard SPAIZC Conditions:
3
4 26. All plant material shall be served by a City approved automatic underground irrigation
5 system.
6
7 27. All planting shall be maintained in good growing condition. Such maintenance shall
8 include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash,
9 fertilizing and regular watering. Whenever necessary, planting shall be replaced with other
l0 plant materials to insure continued compliance with applicable landscaping requirements.
11 Required irrigation systems shall be fully maintained in sound operating condition with
12 heads periodically cleaned and replaced when missing to insure continued regular watering
. 13 of landscape areas, and health and vitality of landscape materials.
14
15 28. Construction activities shall comply with applicable Zoning Ordinance and Municipal
16 Code Performance Standards (noise, dust, odor, etc.).
17
1s 29. Any future color schemes that vary from those approved shall be subject to SPARC
19 review.
20
21 30. All outdoor mechanical equipment, satellite dishes, fire main and all rooftop equipment
22 shall be fully visually screened upon installation subject to the approval of the Planning
23 Department. Screening devices shall be shown on construction and/or landscape plans.
24
25 31. The applicants/developers shall defend, indemnify, and hold harmless the City or any of its
26 boards, commission, agents, officers, and employees from any claim, action or proceeding
27 against the City, its boards, commission, agents, officers, or employees to attack, set aside,
28 void, or annul, the approval of the project when such claim or action is brought within the
Reso. 99-87 NCS Page 8 of 10
8
1 time period provided for in applicable State and/or local statutes. The City shall promptly
2 notify the applicants/developers of any such claim, action, or proceeding. The City shall
3 coordinate in the defense. Nothing contained in this condition shall prohibit the City from
4 participating in a defense of any claim, action, or proceeding if the City bears its own
5 attorney's .fees and costs, and the City defends the action in good faith.
6
7 Special City Council Conditions
8
9 Prior to issuance of a Certificate of Occupancy, the following shall be installed or instituted:
io
11 1. An association shall be formed that meets quarterly and includes both property owners and
12 tenants.
13 2. An enforcement mechanism for unauthorized parking and loading shall be established and
14 implemented immediately.
15 3. All employees and business owners shall park in the least desirable parking spaces first.
16 4. Truck delivery times are restricted to off-peak hours, and drivers shall be monitored for
17 compliance (no deliveries between 11:30am - 1:30pm).
18 5. Signs shall be installed that clearly state "No Parking," "Fire Lane," and "Customer
19 Parking Only."
20 6. All appropriate curbs shall be painted red.
21 7. The trash enclosure at the rear of the OSSC retail building shall be repaired.
22 8. The three inner landscape finger islands in front of the building occupied by Jerome's and
23 other tenants, shall be removed and the parking spaces shall be reconfigured (widened)
2a and, if possible, spaces added to this area.
Reso. 99-87 NCS Page 9 of 10
9
1 9. A minimum 5'-0" (five feet) continuous planter shall be installed on the north side of the
2 building, except where 3 (three) 24" box trees shall be planted. The planter area for the
3 24" box trees shall be a minimum dimension of 8'-0" x 8'-0" in size.
4 10. Security lighting shall be installed on the north side of the building.
5 11. Trellises shall be installed on the north side of the building, and the landscape plan
6 amended to reflect the additional plant material of a climbing vine.
~ 12. The building shall feature two colors.
8 13. The building pad shall be lowered to the minimum height authorized by Sonoma County
9 Water Agency.
10 s:~ccUesos~rplreso
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) ¢~ii1cl61~x2i~P~ meeting form
oa the -----12th-•----.... day of ................~.[~.C11........._......................, 19. by thef
following vote:
it Attorney
AYES: Healy, Torliatt, Cader-Thompson, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: Hami on
ATTEST :
...........T1wrr?pson
City Clerk Mayor E. C~k
()oimcil Fila.._. g.._
ca loss Reg. No....9.9-..~:( N.cs. Page 10 of 10