Loading...
HomeMy WebLinkAboutResolution 96-042 N.C.S. 02/05/1996~: Resolution No. 96-4z NC.S. of the City of Petaluma, California 2 3 DENYING AN APPEAL BY MR. LOUIE CASAZZA AND UPHOLDING TI-IE 4 PLANNING COMMISSION'S APPROVAL OP A CONDITIONAL USE PERMIT 5 FOR THE Ei.LWOOD OPPORTUNITY CENTER AT 303 PAYRAN STREET, APN 6 007-031-004 7 8 9 WHEREAS the Committee On The Shelterless (COTS) applied to the Petaluma Planning 10 Commission for a Conditional Use Permit to establish aday-time drop-in center, The l 1 Ellwood Opportunity Center, at the existing Ellwood Center at303 Payran Street; and 12 13 WI-IEREAS the application was publicly noticed in the Argus-Courier and a copy mailed 14 to all properties within 300' of the proposed center; and 15 16 WHEREAS, at its December 5th meeting, the Planning Commission held a Public 17 Hearing and received testimony on the COTS' application; and 18 19 WHEREAS the Planning Commission adopted a Negative Declaration of Environmental 20 Impact and approved the Conditional Use Permit; and 21 22 WHEREAS, mitigation measures and conditions regarding the Center were imposed by 23 the Planning Commission at their December 5, 1995 meeting which address the concerns 24 which were aired at that meeting and submitted in writing; and 25 26 WHEREAS, on December 19th, Mr. Louie CaSaLZa appealed the decision by the 27 Planning Commission regarding the establishment of the Ellwood Opportunity Center; 28 and 29 30 WHEREAS, a public notice of the appeal was published in the Argus-Courier and a copy 31 of the notice was mailed to all properties within 300' of the"proposed center; and. 32 33 NOW, THEREFORE, BE IT RESOLVED that. the City Council, based upon testimony 34 and substantial evidence, including the successful track record of COTS in operating srich 35 a facility, tirids that the proposed project will conform to the requirements and the intent 36 of the City of Petaluma Zoning Ordinance and the General Plan, and that the project will 37 enhance the public health, safety, and welfare of the community; and 38 39 BE IT FURTHER RESOLVED that the City Council hereby denies Mr. Casazza's appeal 40 of the Planning Commission's December 5th, 1995 approval of the Conditional Use 41 Permit based on the findings by the Planning Commission following the public hearing ~}2 and subject to the conditions imposed upon the project by the Planning Commission acid 43 City Council, as follows: 44 4~ Reso. 96-42 NCS ftes. No..........._ ............._... N.CS, 1 Findings for approval of the Conditional Use Permit 2 3 1. The proposed Ellwood Opportunity Center, as conditioned, will conform to the 4 requirements and intent of the Petaluma Zoning Ordinance, specifically Section ~ 21-300 (General Standards and Considerations Governing Conditional uses, 6 attached). The proposal is in conformance with Zoning standards. 7 8 2. The proposed Ellwood Opportunity Center, as conditioned, will conform to the 9 General Plan, specifically, the center will be compatible with surrounding uses ]0 and will alleviate an existing neighborhood problem, i:e. homeless people 11 utilizing the neighborhood inappropriately. 12 13 3. The proposed Ellwood Opportunity Center, with restrictions on hours of 14 operation, the provision of adequate vehicle circulation and parking will not 15 constitute a nuisance or be detrimental to the public welfare of the community. 16 17 18 CUP Conditions: 19 20 From the Planning Department 2l 22 1. Site plans, building plans and landscape plans will be submitted to SPARC for 23 review and approval prior to issuance of a building permit. Emphasis should be 24 placed on screening of portable buildings and improvement of streetscape. 25 26 2. Develop a contingency plan for overflow prior to Certificate of Occupancy. 27 28 ~. Normal operating hours for the Center will be 8:00 AM to 6:00 PM, seven days a 29 week. Related activities may be allowed in other hours with the approval of the 30 Planning Director and Housing Administrator. 31 32 4. The normal scope of services to be provided will include counseling services, 33 information and referral. classes, and any other activities which a reasonable 34 person would relate to assisting thehomeless people- 35 36 5. Any signs proposed by the applicant will be reviewed by SPARC. 37 38 6. A security management plan (loitering control, etc:) will be in place prior to 39 issuance of Certificate of Occupancy. 40 41 From the Building Division: 42 43 7. Before commencement of use, the applicant shall comply with all Building 44 Division requirements: 4~ Reso. 96-42 NCS a. The proposed use of the building will place it in a B-2 occupancy group in 2 the Building Code., 3 4 b. The portable buildings will require a concrete foundation with anchor 5 bolts. 6 7 c. Plans must comply with the 1994 UBC, UPC, UMC and 1993 NEC, along 8 with title 24 Energy Code. 9 ] 0 d. If temporary toilet facilities are utilized, access for persons with a 11 disability must be provided. 12 13 From the Fire Marshal: 14 15 8. Ensure that the temporary buildings do not cover the monitoring well in the 16 northeastern portion of the lot. 17 18 9. Provide one fire extinguisher, 2A1 OBC type, for each 3,000 square feet of floor 19 space, and/or a maximum travel distance of 75 feet. 20 2] 10. Use of extension cords in lieu of permanent wiring is prohibited. 22 23 11. Provide metal or flame retardant plastic waste cans. 24 25 12. Locking devices on exit doors shall conform to the Building Code. Only one lock 26 or latch requiring one motioi>/operation to open/unlock is required. No double 27 keyed deadbolts are permitted on exit doors. 28 29 Standard Conditional Use Permit Conditions: 30 31 13. This use permit may be recalled to the Planning Commission for review at any 32 time. due to complaints regarding lack of compliance with conditions of approval, 33 traffic congestion, noise generation, or any other adverse operating characteristics. 34 At such time, the Commission may revoke the use permit or add/modify 3~ conditions of approval. 36 37 14. At no time shall future activities exceed Performance standards specified in the 38 Uniform building Code, Section 22-301 of the Zoning Ordinance, and the General 39 Plan. 40 41 15. The applicant shall defend, indemnify, and hold harmless the City or any of its 42 Boards, Commissions, agents, officers, and employees from any claim, action or 43 proceeding against the City_ its Boards, Commissions, agents, officers, or 44 employees to attack, set aside, void, or annul, the approval of the project when 45 such claim or action is brought within the time period provided tar in applicable Reso. 96-42 NCS 1 3 ~} 6 7 8 9 ]0 11 13 14 f~ 16 17 18 19 20 .l ?? 23 2a ~; ~~ 27 zs 29 30 31 ,2 33 State or local statutes. The City shall promptly notify the applicant of any such claim, action. or proceeding. the City shall coordinate in the defense. Nothin~i contained in this condition shall proliibit the Ci(~~ from participating in a defense of any claim, action, or proceeding if the City bears its own attornev~s fees and costs. and the City defends the action in good faith. Prom the City Council (as added 2/x/961: 16. Establishment of a Neighborhood Advisory Council comprised of residential and institutional neighbors. " 17. Institution of increased Police Dcparhnent presence. 18. Development of a new lease agreement with St. Vincent de Paul Society regarding the use and '`decorum" of the Petaluma Kitchen. 19. DevelopmenC and monitoring of modified lease agreement with the Public Library to allow enforcement ofntles of"decorum." 20. Increased security and resident monitoring at and around Armory. 21. Six-month review before City Council which shows fewer people in aad around library. fewer people in "waiting area" around the Armory; fewer complaints of trespassing and loitering in neiglibvrhood. 22. Institute Opportunity Center volunteer force to police the library, park. and neighborhood; addressing the problems of littering, loitering etc. by "homeless" population. 23. Staff will continue search for alternate sites for a permanent home for the Opportunity center and related homeless services. 24. Staff will pro~~ide Council with monthh Opportunity Center status reports. 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) (1KHJ$$~~adK meeting- TII1 t ''-- on the ..--.5111----..---.... daY o£ -.._........EebrLary...._.:...._ :............. 19.9&.., by the following vote: .- it At rncy AYES: Hamilton, Stompe, Maguire, Read, Shea, Vice Mayor Barlas NOES: Mayor I-Iilligoss ABSENT: None ATTEST: CA 10-H5 c;ty clerl;DEA~JTY Ci i Y LES~C until File__... Hcs. No. .._9_~~-~2_.. _- N.(1S.