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HomeMy WebLinkAboutMinutes 09/23/1997Planning Commission Minutes - September 23, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITE' OF PETALUMA PLANNING COMMISSION MINUTES REGULAR MEETING September 23, 1997 CITY COUNCIL CHAMBERS 7:00 PM CITY HALL - PETALUMA, CA Commissioners Present: Bennett, Broad, Feibusch *, Healy, Maguire (Arrived - 7:08 PM), Thompson, Vieler Commissioners Absent. None Staff. Pamela A Tuft, Planning Director James McCann, Principal Planner Chaitpason PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: Minutes of August 26, 1997 were approved as printed. PUBLIC COMMENT: None. DIRECTOR'S REPORT: None. COMMISSIONER'S REPORT: Commissioner Bennett reported Sonoma County Economic Vitality Conference will be held October 15, 7:30 -9:30 AM at Rohnert Park Doubletree Hotel and urged those interested to attend. CORRESPONDENCE: Memo from staff regarding CCAPA Conference. APPEAL STATEMENT: Was read. LEGAL RECOURSE STATEMENT: Was noted on the agenda. NEW BUSINESS PUBLIC HEARING I. SPRINT @ HOTEL PETALUMA, TELECOMMUNICATION FACILITY; 205 KENTUCKY; CUP97006, SPC97016(ed). Consideration of a Conditional Use Permit to authorize establishing a rooftop telecommunication facility within the C -C Zoning District at 205 Kentucky, AP No. 006 -275 -023. Required actions include: 1) Adoption of a Categorical Exemption, and 2) approval of a Conditional Use Permit. Principal Planner McCann presented the staff report. Planning Commission Minutes - September 23, 1997 1 2 The public hearing was opened. 3 4 SPEAKERS: 5 6 Commissioner Maguire - Any radiation testing done (for people living within the ]hotel 7 under the antenna); NIER exposure levels? 8 Molly Cales - ENE - PMS exposures currently 30 0 /6 at roof level (0.40 % of permitted 9 Public Exposure Levels allowed); a new study will be done after this installation to check 10 new cumulative levels; defined standards for worker's levels of exposure. 11 Commissioners Healy and Bennett - Share the concerns relative to cumulative exposure 12 levels. 13 Commissioner Broad - Does Historic District include the hotel ?; if so, Secretary of 14 Interior Standards would prevail; any height limits on flag poles ?; Status of Downtown 15 Design Guidelines - how will they address antennas? 16 Planning Director Tuft - Historic review by the Cultural and Historic preservation 17 Committee will rely upon the Secretary of Interior Standards; flag pole height is exempt 18 from the height regulations of the Zoning Ordinance. 19 Commissioner Maguire - (To property owner Baker) - Did you fly a flag on the existing 20 flag pole? 21 Tom Baker - (Property Owner) - Not in past, but we have ordered a flag and are planning 22 to fly it. 23 Commissioner Broad - Do Downtown Design Guidelines regulate antennas? 24 Planning Director Tuft - Downtown Design Guidelines in their present draft form do not 25 include regulation of antennas because antennas are covered in the Telecommunication 26 Ordinance. 27 Commissioner Healy - What was staffs ruling of antenna proposed on the old post office 28 building? 29 Planning Director Tuft - Because of height difference of the historic buildings, staff 30 would not approve the proposal on the post office building (much more visible). 31 Commissioner Broad - Will not support this project - skyline views of downtown need 32 to be protected. 33 Commissioner Vieler - Wants guarantees in place that emissions to the residents will be 34 low enough. 35 Planning Director Tuft - City has authority to require peer review if report/testing seems 36 suspicious; will not hesitate to require independent studies if deemed necessary. 37 38 The public hearing was closed. 39 40 A motion was made by Commissioner Bennett and seconded by Commissioner Maguire to 41 find. the project exempt from CEQA and approve a Conditional Use Permit for a 42 telecommunication facility at 205 Kentucky, based on the findings and subject to the 43 amended conditions listed below: 44 45 Commissioner Bennett: Yes 01 Planning Commission Minutes - September 23, 1997 1 Commissioner Broad: No (cannot support detraction from views of downtown skyline, 2 does not want to encourage additional antennas in downtown area) 3 Chairman Feibusch: Yes 4 Commissioner Healy: Yes 5 Commissioner Maguire: Yes 6 Commissioner Thompson: Yes 7 Commissioner Vieler: Yes 8 9 Findings: 10 11 1. The proposed antennas and system base transceiver, as conditioned, will conform 12 to the requirements and intent of the Central - Commercial Zoning District (C -C) of 13 the Petaluma Zoning Ordinance where such equipment is allowed with a 14 Conditional Use Permit; it does not violate the height restrictions of the Central- 15 Commercial Zoning District; radiation exposure levels are within acceptable limits; 16 and the proposal complies with Section 14, Telecommunication Facilities, of the 17 Petaluma Municipal Code. 18 19 2. The proposed antennas and base system transceiver station, as conditioned, will 20 conform to the requirements and intent, goals and policies of the Community 21 Commercial designation of the Petaluma General Plan by requiring SPARC review 22 to ensure compatibility with the historic Petaluma Hotel building. 23 24 3. This project is Categorically Exempt from the requirements of the California 25 Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303 when 26 limited numbers of new, small structures are established. 27 28 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 29 CUP97006 /SPC97016: 30 31 From the Building Inspection Division: 32 33 1. Submit construction plans showing installation of antennas. 34 2. Submit structural calculations and wind loading to verify anchorage. 35 3. Submit electrical plans showing basement and roof installation. 36 4 All plans must show compliance to 1994 UBC, UPC, UMC and 1993 NEC. 37 5. Responsible party to sign all the plans. 38 39 From the Traffic Engineer: 40 41 6. The City utilizes Spread Spectrum radio technology in the 902 -928 megahertz 42 band for interconnection of existing traffic signals, such as the one location at the 43 intersection of Washington and Kentucky. The City will work with the applicant to 44 ensure that this project does not interfere with existing radio base 45 telecommunications necessary for traffic operation and control. However, the Planning Commission Minutes - September 23, 1997 1 applicant will be responsible for assuring continued operation with the possible 2 addition of new radio equipment operations in this band. 3 4 From the Planning Department: 5 6 7. a. Construction activities shall comply with applicable Zoning Ordinance and 7 Municipal Code Performance Standards (noise, dust, odor, etc.). 8 9 b. At no time shall future business activities exceed Performance Standards 10 specified in the Uniform Building Code, Section 22 -301 of the Petaluma 11 Zoning Ordinance, Section 14, Telecommunication Facilities, of the 12 Petaluma Municipal Code and the 1987 General Plan. 13 14 8. Within 30 days of the approval of the Conditional Use Permit, the application shall 15 provide evidence that it has registered with the City of Petaluma as a 16 telecommunication carrier /provider. This agreement shall be signed and approved 17 prior to the issuance of a building permit. 18 19 9. Within 30 days of the approval of the Conditional Use Permit, the applicant shall 20 file a maintenance/facility removal agreement. This agreement shall be signed and 21 approved prior to the issuance of a building permit. 22 23 10. Within 30 days of the installation of the antennas, Sprint PCS shall perform an 24 additional NIER exposure study so that an accurate indication of any occupational 25 exposure limits exists testing shall include area below roof to evaluate the 26 exposure to occupants. Should such limits exists as a result of the antennas, 27 Sprint shall paint stripes, of a bold paint color, on the rooftop adjacent to the 28 antennas. Additionally, a warning sign shall be installed on the inside of the door 29 that provides access to the rooftop concurrent with the installation of the antennas. 30 31 11. Every five years, Sprint PCS shall submit an VIER report to the Planning Director 32 which lists each transmitter and antenna present at the facility and the effective 33 radiated power - testing shall include area below roof to evaluate the exposure to 34 occupants. If either the equipment or effective radiated power has changed, 35 calculations specifying NIER levels in the inhabited areas where said levels are 36 projected to be highest shall be prepared. NIER calculations shall also be prepared 37 every time the adopted NIER standard changes. If calculated levels in either of 38 these cases exceed 80% of the standard established by Section 14.44.290 of the 39 Petaluma Telecommunication Ordinance, the operator of the facility shall hire a 40 qualified electrical engineer licensed by the State of California to measure: the 41 actual NIER levels produced. A report of these calculations, required 42 measurements, if any, and the author's/engineer's findings with respect to 43 compliance with the current NIER standards shall be submitted to the Planning 44 Director within five (5) years of facility approval and every five years thereafter. In 4 Planning Commission Minutes - September 23, 1997 1 the case of a change in the standard, the required report shall be submitted within 2 ninety (90) days of the date said change becomes effective. 3 4 12. Within 30 days of the approval of a Conditional Use Permit, Sprint PCS shall 5 submit a security plan which details how access to the site will be limited so that 6 only authorized work crews are allowed on the rooftop. This plan shall also 7 incorporate sufficient measures to reduce the potential for trespass and injury. 8 9 13. The applicants shall defend, indemnify, and hold harmless the City or any of its 10 boards, commissions, agents, officers, and employees from any claim, action or 11 proceeding against the City, its boards, commission, agents, officers, or employees 12 to attack, set aside, void, or annul, the approval of the project when such claim or 13 action is brought within the time period provided for in applicable State and/or 14 local statutes. The City shall promptly notify the applicants of any such claim, 15 action, or proceeding. The City shall coordinate in the defense. Nothing contained 16 in this condition shall prohibit the City from participating in a defense of any claim, 17 action, or proceeding if the City bears its own attorney's fees and costs, and the 18 City defends the action in good faith. 19 20 14. The material(s) employed and paint color(s) used shall not be unnecessarily bright, 21 shiny or reflective and blend with the surroundings to the greatest extent possible. 22 Samples shall be submitted to Historic Site Plan and Architectural Review 23 Committee for review and approval prior to issuance of a building permit approval 24 for the antennas. 25 26 15. A flag shall be f lawn from both the existing and new flag poles. 27 28 29 H. PAGENET TELECOMMUNICATION FACILITY; ADJACENT TO 600 30 LAI(EVYLLE HIGHWAY; CUP97022/SPC97042 (ed). 31 32 Consideration of a Conditional Use Permit to establish several new antennas on an 33 existing telecommunications facility on Northwest Pacific Railroad Authority right - 34 of -way property, within the C -H Zoning District adjacent to AP No. 007 - 171 -029. 35 Required actions include: 1) Adoption of a Categorical Exemption, and 2) 36 approval of a Conditional Use Permit. 37 38 Principal Planner McCann presented the staff report. 39 40 The public hearing was opened. 41 42 SPEAKERS: 43 44 Commissioner Healy - What has access been in the past? Is access paved? 5 Planning Commission Minutes - September 23, 1997 1 Principal Planner McCann - Access from Lakeville - existing easement (unpaved, 2 graveled). 3 Commissioner Maguire - Will there be conflicts in future with increased activity of rail? 4 Has staff checked with rail authority? Is it possible to eliminate top 20 ft. of existing 5 antenna? 6 Planning Director Tuft - Staff investigated that possibility, however, the existing Omni 7 antenna at the top is to remain. 8 Pat Gaffney - PageNet Consultant - Thanks staff; access traditionally from front (10 foot 9 easement); condition requiring paving - will need to talk to owner regarding paving and 10 additional landscaping - believes existing pine trees effectively screen the site, does not 11 feel additional landscaping needed. 12 Commissioner Healy - Can this tower be lowered? 13 Larry Jones - PageNet Regional Site Manager - Lowering antenna dependent on 14 frequency and whether transmitters or receivers are installed; this will be a co -user site for 15 another carrier; transmit antennas have interference problems - receiver units do not:; the 16 existing antenna is for railroad use. 17 Commissioner Maguire - Does the railroad own the tower? 18 Larry Jones - Yes, owned by railroad - they have required tower to remain height it is. 19 Nancy Read - 135 Acorn Drive - Lease with Joint Powers Authority needs to be entered 20 into prior to approval by any local authority. 21 Larry Jones - Unfamiliar with this lease/authority issue. 22 Nancy Read - Joint Powers Authority owns tower /equipment; in process of upgrading 23 equipment; City of Petaluma should be protected and require lease before authority 24 granted. 25 Planning Director Tuft - Lease could be executed prior to issuance of permits to install 26 antenna; will add condition requiring Joint Powers Authority approval. 27 Commissioner Maguire - Existing evergreen trees are in decline, need additional tall 28 evergreen trees for screening. 29 30 The public hearing was closed. 31 32 A motion was made by Commissioner Maguire and seconded by Commissioner Bennett to 33 find this project exempt from CEQA and to approve a Conditional Use Permit to allow the 34 addition of five whip antennas and one satellite dish to an existing tower, and adding; one 35 global positioning satellite to an existing unmanned 120 square foot equipment shelter, to 36 be located on Northwestern Pacific Railroad Authority (NWPRA) right -of -way property, 37 between 540 and 660 Lakeville Street based on the findings and subject to the amended 38 conditions as listed: 39 40 Commissioner Bennett: Yes 41 Commissioner Broad: Yes 42 Chairman Feibusch: Yes 43 Commissioner Healy: Yes 44 Commissioner Maguire: Yes 45 Commissioner Thompson: Yes 46 Commissioner veler: Yes 0 Planning Commission Minutes - September 23, 1997 1 2 Fines 3 4 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The proposed antennas, as conditioned, will conform to the requirements and intent of the Highway- Commercial Zoning District (C -H) of the Petaluma Zoning Ordinance where such equipment is allowed with a Conditional Use Permit; it does not violate the height restrictions of the Highway- Commercial Zoning District; radiation exposure levels are within acceptable limits; and the proposal complies with Section 14, Telecommunication Facilities, of the Petaluma Municipal Code. 2. The proposed antennas and existing unmanned equipment shelter, as conditioned, will conform to the requirements and intent, goals and policies of the Thoroughfare Commercial land use designation of the Petaluma General Plan by requiring SPARC review to ensure visual compatibility with the surroundings. 3. This project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301 when minor additions are made to an existing facility. F APPROV FOR From the En 'neering Department: 24 25 1. No vehicular access is allowed from the west (along the railroad line) to the 26 Northwestern Pacific Railroad Authority property by PageNet or their technicians 27 for service to the site unless written approval is granted by Northwestern Pacific 28 Railroad. 29 30 2. Access rights along the easement from Lakeville Street must be verified by the 31 Engineering Department prior to the installation of antennas and satellites. 32 33 3. The full width of the ten foot access easement must be paved with an asphaltic - 34 concrete compound, for a minimum of ten feet from the existing sidewalk on 35 Lakeville Street, prior to the installation of antennas and satellites. 36 37 4. A City standard curb cut must be created in front of the easement to provide 38 access from Lakeville Street or Shared Access Easement must be obtained. 39 Modification to the existing storm drain catch basin at this location must be made 40 under an Excavation Permit from the Department of Public Works. 41 42 From the Fire Marshal: 43 44 5. As a business facility, a fire extinguisher (4A -40BC rated dry chemical type) must 45 be provided. 46 V] Planning Commission Minutes - September 23, 1997 1 6. If any gas cylinders are proposed for clearing out transmission lines, these gas 2 cylinders shall be adequately secured to prevent falling or being knocked over. 3 Fasteners used to secure the cylinders shall be of a non - combustible material. 4 5 From the Planning Department: 6 7 7. a. Construction activities shall comply with applicable Zoning Ordinance and 8 Municipal Code Performance Standards (noise, dust, odor, etc.). 9 10 b. At no time shall future business activities exceed Performance Standards 11 specified in the Uniform Building Code, Section 22 -301 of the Petaluma 12 Zoning Ordinance, Section 14, Telecommunication Facilities, of the 13 Petaluma Municipal Code and the 1987 General Plan. 14 15 8. Within 30 days of the approval of the Conditional Use Permit, PageNet shall sign a 16 registration form with the City of Petaluma as a telecommuniattion 17 carrier /provider. This agreement shall be signed and approved prior to the 18 installation of the new or antennas or antennas. 19 20 9. Within 30 days of the approval of the Conditional Use Permit, PageNet shall file a 21 maintenance/facility removal agreement. This agreement shall be signed and 22 approved prior to the installation of any of the new antennas or antennas. 23 24 10. Within 30 days of the installation of the antennas, a warning sign shall be installed 25 on the fence surrounding the base of the tower to warn work crews of coming 26 within 10 feet of the whip antennas when this equipment is operating. 27 28 11. Every five years, PageNet shall submit an NIER report to the Planning Director 29 which lists each transmitter and antenna present at the facility and the effective 30 radiated power. If either the equipment or effective radiated power has changed, 31 calculations specifying NIER levels in the inhabited areas where said levels are 32 projected to be highest shall be prepared. NIER calculations shall also be prepared 33 every time the adopted NIER standard changes. If calculated levels in either of 34 these cases exceed 80% of the standard established by Section 14.44.290 of the 35 Petaluma Telecommunication Ordinance, the operator of the facility shall hire a 36 qualified electrical engineer licensed by the State of California to measure: the 37 actual NIER levels produced. A report of these calculations, required 38 measurements, if any, and the author's/engineer's findings with respect to 39 compliance with the current NIER standards shall be submitted to the Plaruung 40 Director within five (5) years of facility approval and every five years thereafter. In 41 the case of a change in the standard, the required report shall be submitted within 42 ninety (90) days of the date said change becomes effective. 43 44 12. Within 30 days of the approval of a Conditional Use Permit, PageNet shall submit 45 a security plan which discusses how only authorized work crews will have access 8 Planning Commission Minutes - September 23, 1997 1 to the site. This plan shall also incorporate sufficient anti- climbing measures to 2 reduce the potential for trespass and injury. 3 4 13. The existing microwave dish shall be removed prior to the installation of the 5 additional whip antennas and four foot satellite dish on the tower or global 6 positioning satellite on the existing unmanned equipment shelter. 7 8 14. The applicants shall defend, indemnify, and hold harmless the City or any of its 9 boards, commissions, agents, officers, and employees from any claim, action or 10 proceeding against the City, its boards, commission, agents, officers, or employees 11 to attack, set aside, void, or annul, the approval of the project when such claim or 12 action is brought within the time period provided for in applicable State and/or 13 local statutes. The City shall promptly notify the applicants of any such claim, 14 action, or proceeding. The City shall coordinate in the defense. Nothing contained 15 in this condition shall prohibit the City from participating in a defense of any claim, 16 action, or proceeding if the City bears its own attorney's fees and costs, and the 17 City defends the action in good faith. 18 19 Site Specific SPARC: 20 21 15. The material(s) employed and paint color(s) used shall not be unnecessarily bright, 22 shiny or reflective and blend with the surroundings to the greatest extent possible. 23 Samples shall be submitted to the Planning Director for review and approval prior 24 to the installation of the new antennas and satellites. 25 26 16. A landscape plan of trees and shrubs shall be submitted for review and approval of 27 the Planning Department, within 30 days of the approval of the Conditional Use 28 Permit, to provide further screening of the tower to the east, north and west. 29 Landscaping shall be installed within 30 days of approval of the landscape plan and 30 prior to the installation of the antennas and satellites. 31 32 17. PageNet shall provide to the City proof of completion of obtaining Joint Powers 33 Authority for the proposed installation before issuance of arty City of Petaluma 34 entitlements. 35 36 37 III. )FEDERAL EXPRESS CITY VAN STATION; The Allen Group; 3700 3 8 Lakeville Highway (to be known as 2275 South McDowell Ext.); 39 CUP /SPC97040 (tp). 40 4 1 Consideration of a Conditional Use Permit to authorize establishment of a motor 42 freight station with incidental repair and maintenance facilities, within the ML 43 Zoning District in Oakmead Northbay Business Park. Required actions include 1) 44 adoption of a Mitigated Negative Declaration, and 2) approval of a Conditional 45 Use Permit. 7 Planning Commission Minutes - September 23, 1997 1 2 Principal Planner McCann presented the staff report. 3 4 The public hearing was opened. 5 6 SPEAKERS: 7 8 Commissioner Healy - How many parking spaces are proposed? (Answer - 177). 9 Jim Edwards - Allen Group - Thanks staff for expedient response; will be able to better 10 serve Petaluma/San Rafael area; concurs with staff report conditions. 11 Commissioner Healy - How much public interaction at this location? 12 Jim Edwards - There will be a customer service counter. 13 Commissioner Bennett - I hope packages will be able to be picked up here? 14 Jim Edwards - Yes, there will be a "hold" area. 15 Commissioner Maguire - Does staff have traffic impact concerns? 16 Principal Planner McCann - Initially, but the City Traffic Engineer believes this use; will 17 generate less traffic than many other potential uses of the site. 18 Commissioner Healy - Any gas pumping facilities here? (Answer - No.) 19 20 The public hearing was closed. 21 22 A motion was made by Commissioner Bennett and seconded by Commissioner Thompson 23 to adopt a Mitigated Negative Declaration and approve a Conditional Use Permit 24 authorizing Federal Express to operate a motor freight station at 2275 South McDowell 25 Extension (part of 3700 Lakeville Hwy.) based on the findings and subject to the 26 conditions listed below: 27 28 Commissioner Bennett: Yes 29 Commissioner Broad: Yes 30 Chairman.Feibusch: Yes 31 Commissioner Healy: Yes 32 Commissioner Maguire: Yes 33 Commissioner Thompson: Yes 34 Commissioner Vieler: Yes 35 36 Findings for Mitigated Negative Declaration 37 38 1. An Initial Study has been prepared and proper notice provided in accordance with 39 CEQA and local guidelines. 40 41 2. Based upon the Initial Study and comments received, potential impacts could be 42 avoided or reduced to a level of insignificance by mitigation measures attached as 43 conditions of approval. There is no substantial evidence that the Federal Express 44 City Van Station project, as conditioned, would have a significant effect on the 45 environment. 46 10 Planning CammissiOn Minutes - September 23, 1997 1 3. A monitoring program has been included to ensure compliance with the adopted 2 mitigation measures, if any. 3 4 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3.1 36 37 38 39 40 41 42 43 44 45 46 47 The project does not have potential to affect wildlife resources as defined in the Fish and Game code, either individually or cumulatively and is exempt from Fish and Game filing fees because no significant wildlife resources have been identified on the project site. 5. The project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the Government Code. 6. The Planning Commission reviewed the Initial Study/Mitigated Negative Declaration and considered the comments before making a decision on the project. 7. The record of proceedings of the decision on the project is available for public review at the City of Petaluma, Planning Department, City Hall, 11 English Street, Petaluma, California. Mitigation Measures All mitigation measures as specified in the Initial Study for the Federal Express City Van Station are incorporated herein by reference. Findings for Conditional Use Permit 1. The proposed project, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The proposed project, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. 3. The proposed project will not constitute a nuisance or be detrimental to the public welfare of the community. Notice of Estimated Fees Dedications and other Exactions Pursuant to Section 66020 of the California Government Code, the applicant/developer has the statutory right to protest development fees, dedication and reservation requirements, and other exactions included in this project approval as follows: a. Community Facilities fees in the estimated amount of $51,293.83 b. Storm Drainage Impact fees in the estimated amount of $40,950 c. Traffic Mitigation fees in the estimated amount of $61,948.21 d. School - Contact School District - 7784621 e. Sewer - $2,550 f. Water - Based on meter size - determined at Building Permit Submittal 11 Planning Commission Minutes - September 23, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Use Permit Conditions 1. All mitigation measures adopted in conjunction with approval of the Mitigated Negative Declaration for the Federal Express City Van Station project: are incorporated herein by reference as conditions of project approval. 2. The following requirements of the Fire Marshal shall be met: a Any building or portion of a building used for high piled combustible storage shall conform to Article 81 of the Uniform Fire Code. A permit is required by the Fire Marshal's office. b. The building(s) shall be protected by an automatic fire extinguishing system as required by the Uniform Fire Code. C. Provide to the Fire Marshal's office, a minimum of two (2) sets of fire sprinkler plans and calculation for the approval and issuance of permit prior to installation of system. d. Sprinkler system shall be provided with central station alarm monitoring which shall notify the Fire Department in the event of water flow. In addition, a local alarm shall be provided on the exterior an interior of the building. e. Activation of the fire sprinkler system shall sound an interior alarm that will notify all occupied spaces. f. Provide an exit sign over all required exit doors. g. All emergency lighting, exit sign lights, shall have two separate sources of power as required in the Building Code. h. Fire hydrants shall be spaced at a maximum of 300 feet apart. Location and type of fire hydrants are to be approved by the Fire Marshal's office. Provide two approved fire hydrants approximately two thirds the length of the property, one on each side of the building. The fire hydrant line and fire sprinkler line must be separate. i. Minimum fire flow required for this project is 2,500 gallons per minute at 20 pounds per square inch (psi). j. All required fire lanes in which no parking is allowed, shall be designate by painting curbs red. Where no curbs exist, signs approved by the fire marshal shall be installed. 12 Planning Commission Minutes - September 23, 1997 1 k. Contractor shall provide the Fire Marshal's office with two (2 ) sets of 2 plans for the underground fire service main for permit approval, prior to 3 commencement of work. 4 1. Provide electrical conduit from post indicator valve to alarm panel location 5 for tamper switch as underground improvements are being installed. 6 M. Business storing hazardous materials require submittal of a Hazardous 7 Materials Management Plan to the Petaluma Fire Department. Before a 8 Certificate of Occupancy is approved, the following conditions must be 9 approved by the Office of the Fire Marshal: 10 1) 11 2) 12 13 3) 14 15 16 3. The follow Hazardous Material Management Plan is approved. All storage and use of hazardous materials shall be in conformance with the Uniform Fire Code. A permit for Hazardous Materials Storage and use is issued prior to occupancy. ing requirements of the Chief Building Official shall be met: 17 a. Grading must be certified when completed to indicate compliance with 18 approved plans and will be required for occupancy. 19 b. Certify pad elevations before building slab on grade is poured. 20 C. Soils with expansion index greater than 20 requires special design 21 foundation per Uniform Building Code 1803.2. 22 d. All roofing shall be `B" rated or better per Ordinance No. 1744/1988. 23 e. Responsible party to sign plans. 24 f. Submit soils report to verify foundation design. 25 g. Plans must show compliance to 1994 UBC, UPC, UMC and 1993 NEC. 26 Plans must also show compliance to current Title 24 Energy Conservation 27 and/or Disabled Access Requirements. 28 29 30 31 32 33 h. Provide structural calculations for all non - conventional design items. 4. The following requirements of the City Engineer shall be met: a. The proposed storm drain system on proposed Parcel 2 shall be reviewed and approved by the Sonoma County Water Agency prior to issuance of the building permit for development on Parcel 2. 13 Planning Commission Minutes - September 23, 1997 1 b. The following information shall be shown on the building permit plans for 2 development prior to issuance of a building permit: 3 Show the following items on the site plan: 4 i Pad elevation 5 ® Drainage pattern 6 ® Top of curb elevations at property corners 7 ® Rear property corner elevations 8 ■ Slopes or retaining walls 9 ■ Existing or new frontage improvements (curb, gutter, sidewalk, fire hydrant, 10 street light, catch basins, etc.) 11 ■ Driveway with gradient 12 ® Sewer lateral 13 ■ Water meter 14 ® Property line dimensions 15 ■ Building setback lines 16 ■ Dimensions from property line to house 17 ® Existing or new easements 18 ■ Reference topography (if applicable) 19 ® North arrow /scale 20 ® Erosion/sediment control plan 21 Note: a. Excavation within a public right -of -way requires and "Excavation 22 Permit'. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 b. Route permit to industrial waste department if applicable (i.e., restaurants, dry cleaners, food processors, printers, medical offices, laboratories, anything that uses or disposes of hazardous materials/waste). 5. The following requirements of the Public Works Department shall be met: a. All on -site utilities to be privately maintained. b. Provide separate domestic and irrigation meters located just behind the proposed sidewalk in the planter area along with a City standard fire detector check valve assembly. 6. The following requirements of the Planning Department shall be met: a. At no time shall business activities exceed Performance Standards specified in the Petaluma Zoning Ordinance and the 1987 General Plan. b. All proposed parking and circulation improvements shall be designed to City standards. 14 Planning Commission Minutes - September 23, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 C. All proposed landscaping shall be designed and installed in a manner consistent with the approved master landscape plan for Oakmead Northbay Business Park, and shall provide a compatible transition to existing improvements on adjacent properties. Plans shall be subject to SPARC review and approval prior to issuance of a building permit. d. The proposed trash enclosure shall be designed and located to avoid impacts to existing healthy and attractive trees and to minimiz visibility from the driveway entrance to the site. Materials, design and location of the trash enclosure shall be subject to SPARC review and approval. e. All development standards for the ML Zoning District and Oakmead Northbay Business Park shall be met. Proposed property lines (as identified on plan sheet Al.1 dated 8- 21 -97) shall be subject to administrative approval of a Tentative Parcel Map, and SPARC approval of the proposed site plan. f. Design and location of the proposed perimeter fencing shall be subject to SPARC review and approval. Plans submitted for SPARC approval shall include construction details and show the relationship of proposed fencing to existing improvements (including landscaping) on adjacent development. Fencing shall be designed to avoid adverse impacts to existing significant trees as identified by SPARC. g. Plans submitted for formal SPARC approval shall reflect the following requirements: 1. building details including the depth of reveal lines, window recesses, and sills, window frames and paint schemes. 2. landscape plans shall provide planting densities sufficient to achieve significant visual impact and ground coverage within two years. Perimeter landscaping shall be particularly emphasized. 3. A masonry wall shall be utilized at the entry/exit to the motor yard, with design and finish complimentary to that of the building. 4. Details of the proposed outdoor seating area shall be provided in the front portion of the site. 7. This conditional use permit may be recalled to the Planning Commission for review at any time due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating 15 Planning Commission Minutes - September 23, 1997 1 characteristics. At such time, the Commission may revoke the use permit or 2 add/modify conditions of approval. 3 4 8. The applicants/developers shall defend, indemnify, and hold harmless the City or 5 any of its boards, commission, agents, officers, and employees from any claim, 6 action or proceeding against the City, its boards, commission, agents, officers, or 7 employees to attack, set aside, void, or annul, the approval of the project when 8 such claim or action is brought within the time period provided for in applicable 9 State and/or local statutes. The City shall promptly notify the 10 applicants/developers of any such claim, action, or proceeding. The City shall 11 coordinate in the defense. Nothing contained in this condition shall prohibit the 12 City from participating in a defense of any claim, action, or proceeding if the City 13 bears its own attorney's fees and costs, and the City defends the action in good 14 faith. 15 16 17 DEPARTMENT REPORTS 18 19 IV. DRAFT CODE OF ETHICS 20 21 Discussion and recommendation to the City Council on the Draft Code of Ethics. 22 23 DISCUSSION: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43, 44 Commissioner Broad - Supports concept, but significant clarification and revision is needed; why include Board of Building Review? should include SPARC; need to clarify terms and references; 2 -year prohibition is too long; What is intent, the problem being addressed ?; Council should clarify intent and be sure this policy is appropriate. Commissioner Vieler - Need more time to review; much of this already addressed in Conflict of Interest policy /requirement, seems redundant. Commissioner Thompson - What other cities have such a Code? Seems to be redundant with existing Conflict of Interest policies; eliminates anyone from participation; necA to define terms much better; could adversely impact citizen committees. Commissioner Maguire - Agrees that SPARC should be added; needs work - should be focused more toward firms which hire former officials/staff and which contract with City for a service. Commissioner Healy - Agrees with much already said; title is too broad; suggest more limited approach, i.e., Addendum to Existing Conflict of Interest Policies; define what the problem is and then address the problem specifically. Commissioner Bennett - Needs to think about intent and needs; shouldn't penalize individuals in private practice after volunteer work is finished - too general. Commissioner Broad - Requests Commission take another look after City Council considers input. 16 Planning Commission Minutes - September 23, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Consensus to bring this item back for further discussion at the November I I Plarming Commission meeting. V. PROJECT STATUS REPORTS: 1. Frates Road Specific Plan Area - City Council required Specific Plan preparation. 2. Central Petaluma Specific Plan - Great workshop /meeting - moving toward developing preferred alternative and public workshop scheduling. 3. Hillside Village DEIR - DEIR distributed - public hearing scheduled for October 28 - Commissioner Broad requests scheduled site visits (to be noticed if necessary). Planning Director Tuft will work out schedules for site visits. 4. Knez CUP (329 Walnut Street) - Applicant has appealed one condition which called for the removal of stairs(working with Building Division). - 5. Hyppolite Residence - Applicant will remove portion of building to comply with Zoning Ordinance. 6. Corona Reach Specific Plan - Meeting tomorrow night. ADJOURNMENT: at 8:30 PM to Special Meeting of October 21, 1997 (October 14 meeting canceled). min0923 / p(an87 17