HomeMy WebLinkAboutResolution 96-070 N.C.S. 03/04/1996 Resolution No. 96-70 NC.S.
1 of the City of Petaluma, California
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4 THE CITY COUNCIL OF THE CITY OF PETALUMA HEREIN DENIES AN
5 APPEAL BY MS. IRENE NAGEL AND APPROVES A MITIGATED NEGATIVE
6 DECLARATION AND A CONDITIONAL USE PERMIT FOR THE
7 ESTABLISHMENT AND OPERATION OF A COMMERCIAL PROPANE
S DISTRIBUTION FACILITY ON THE REAR, APPROXIMATELY TWO THIRDS, OF
9 THE PROPERTY LOCATED AT 926 LAKEVILLE STREET; APN 005-060-030
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11 WHEREAS, on September 27, 1995, Mr. Richard King filed an application requesting a
12 Conditional Use Permit to establish a commercial propane distribution facility on the rear,
13 approximately two thirds, of the property located at 926 Lakeville Street. As proposed,
14 the facility would contain one 30,000 gal. propane storage tank approximately 13' tall and.
15 two 5,780 gal. propane storage tanks, and two delivery trucks. No on-site retail sales is
16 proposed; and
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18 WHEREAS, a public notice was published in the Argus-Courier on November 7, 1995,
19 and a 21-day notice was mailed to all properties within 300' of the project site; and
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21 WHEREAS, a Mitigated Negative Declaration and an Administrative Conditional Use
22 Permit was approved by the Planning Director on December 15, 1995, and subsequently
23 appealed by Ms. Irene Nagel to the Planning Commission on December 27, 1995; and
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25 WHEREAS, the Planning Commission at their January 23, 1996 meeting, opened the
26 public hearing, heard testimony, and concluded that the findings, mitigation measures and
27 conditions for the project were adequate and denied the appeal, thus approving the
28 Mitigated Negative Declaration and Conditional Use Permit for the project; and
aes vo.....9.6.-.77....._... vcs, Page 1 of 11
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2 WHEREAS, Mc Irv Piotrkowski, on behalf of Ms. Irene Nagel, appealed the action taken
3 by the Planning Commission on January 23, 1996, to the City Council on February 5,
a 1996; and
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6 WHEREAS, the City Council heard testimony on this proposal and the appeal on March
7 4, 1996.
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~ NOW THEREFORE, BE IT RESOLVED that the City Council denies Ms. Nagel's appeal
to and sustains the Planning Commission's January 23, 1996, approval of a Mitigated
11 .Negative Declaration and a Conditional Use Permit to authorize the establishment and
12 operation of a commercial propane distribution facility on the rear, approximately two
13 thirds, of the property located at 926 Lakeville Street as shown on the plans and as
la described in the project description submitted on September 27, 1995, based on the
15 following findings and subject to the following mitigation measures and conditions:
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17 Findings of a Mitigated Negative Declaration:
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1~ 1. An Initial Study has been prepared and proper notice provided in accordance with
20 CEQA and local guidelines.
21 2. Based upon the Initial Study and comments received, potential impacts could be
22 avoided or reduced to a level of insignificance by mitigation measures attached as
23 conditions of approval. There is no substantial evidence that the project, as
z4 conditioned, would have a significant effect on the environment.
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26 3. A monitoring component has been included to ensure compliance with the adopted
27 mitigation measures.
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29 4. The project does not have potential to affect wildlife resources as defined in the
3v Fish and Game code, either individually or cumulatively.
Reso. 96-'70 NCS Page 2 of 11
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2 5. The project is not located on a site listed on any Hazardous Waste Site List
3 compiled by the State pursuant to Section 65962.5 of the Government Code.
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5 Findings for a Conditional Use Permit:
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7 The proposed propane storage and distribution operation, as conditioned, will
8 conform fo the requirements and intent of the Petaluma Zoning Ordinance by
9 providing for a wholesale establishment in proximity to arterial street and highway
to traffic with adequate on-site circulation and parking.
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12 2. The proposed propane storage and distribution operation, as conditioned, will
13 conform to the requirements and intent, goals, and policies of the Petaluma
t4 General Plan by: providing for a low traffic generating commercial operation on an
15 arterial street; providing an opportunity to limit the number of future driveways on
16 an arterial street by virtue of a joint access easement; and providing for a
17 commercial business within the City, for a commodity to be sold largely outside of
18 the City or immediate area.
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20 3. The proposed propane storage and distribution operation, as conditioned to
21 respect the safety standards prescribed by the Fire Marshal, will not constitute a
22 nuisance or be detrimental to the public welfare of the community.
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24 Mitigation Measures:
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26 Earth:
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zs 1. Grading and improvement plans shall include measures to mitigate- soil erosion as
29 established in Title 17 of the Petaluma Municipal Code.
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31 2. Drainage/grading plans shall be submitted for Administrative SPARC review and
3z approval to ensure that development of the site will not encroach into or adversely
33 impact the wetland on the southeast portion of the project site.
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35 Earth Monitoring:
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37 Plans submitted for grading and/or site improvements hall include proper soil erosion
38 control measures, prior to issuance of a grading permit. This development shall be
39 responsible to pay the City's Storm Drainage Impact Fee based on its size as calculated at
4o time of building permit issuance and collected prior to issuance of a Certificate of
41 Occupancy.
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Reso. 96-70 NCS Page 3 of 11
t Water:
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3 3. This development shall be responsible to pay the City's Storm Drain Impact Fee
4 pursuant to the Petaluma Municipal Code (Code 17.30), and as currently
5 calculated and charged pursuant to the City's current Special Development Fees
6 handout prior to issuance of a Certificate of Occupancy and/or commencement of
7 business.
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9 4. Storm water drainage improvements for all areas of the site which divert water
to into the existing Swale along the south end of the site shall first lead into a filter
11 system (fossil filter or equivalent) to reduce impacts to water quality. A plan
12 identifying the filter location and providing details of the filter system shall be
13 submitted in conjunction with plans submitted for Administrative SPARC review
14 and approval and installed prior to issuance of a Certificate of Occupancy and/or
t5 commencement of business.
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17 5. A portion of the site is within a Flood Plain District (FP-C). This project shall be
1R subject to all applicable provisions of Article 16 of the Petaluma Zoning
19 Ordinance.
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2t Water Monitoring:
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23 The project proponent shall be responsible to pay the City's Storm Drainage Impact Fee
24 prior to issuance of a. Certificate of Occupancy. Filter location and design shall be
25 confirmed on plans submitted for building permits. The applicant shall be responsible for
26 the regular maintenance of the filter system.
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28 Plant Life:
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30 6. ..All improvements and business activities shall not encroach into the wetland area
3 t at the rear of the site.
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33 7. The applicant. shall be required to plant six (6), 15 gal. Coast Live Oak trees across
34 the rear of the site's proposed paving improvements (top-of--bank of existing
35 Swale) and removal of debris and planting of appropriate native plant material
36 within the wetland area on this site as delineated in the wetland survey prepared by
37 Mr. Charles Patterson and received by the City Planning Department on December
3x 20, 1993, prior to issuance of a Certificate of Occupancy and/or commencement of
39 business. Said plantings shall be included in landscaping plans submitted for
4o Administrative SPARC review and approval prior to issuance of a building permit.
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42 Plant Life Monitorine:
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44 The applicant shall be responsible for the maintenance of the six Live Oak trees and
45 wetland revegetation required along the rear of the site in perpetuity. Active maintenance
Reso. 96-70 NCS Page 4 of 11
1 shall include regular watering, staking and pruning as necessary, and the replacement of
2 any damaged and/or dead plant material.
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4 Noise:
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6 8. Construction hours for the establishment of the operation shall be limited to
7 between the hours of 7:00 a.m. and 5:00 p.m. Monday through Saturday; none on
8 Sundays. The project applicant shall be required to comply with all vehicle codes
9 pertaining to noise. The project applicant shall be responsible to regulate noise
to impacts and hours of construction.
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12 Noise Monitorine:
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14 The project manager/contractor shall be responsible to regulate noise impacts and hours of
15 construction.
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17 Lieht and Glare:
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19 9. All exterior light fixtures shall be shown on plans submitted at time of building
20 permit. All exterior lights shall be shielded to provide a soft wash of light against
21 walls and/or tanks and all lights shall conform to City of Petaluma Performance
22 Standards (e.g. no direct off-site glare, no light poles in excess of 20 feet high,
23 etc.) subject to staff review and approval prior to issuance of a building permit.
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25 Lieht and Glare Monitoring:
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27 Plans submitted for Administrative SPARC and building permit approval shall reflect
28 lighting consistent with this mitigation measure.
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3o Risk of Upset:
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3z 10. All fire protection requirements of the Fire Marshal's office shall be met prior to
33 issuance of a Certificate of Occupancy and/or commencement of business,
34 including: (Note: as applicable, required improvements shall be included on or
35 with plans submitted at time of building permit application.)
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37 a. Provide an approved fire hydrant on site at the entrance gate to the tanks.
3s b. Provide fire extinguisher, 20A-120BC rated dry chemical type at the liquid
39 transfer location.
4o c. Address locator required to be posted at or near the driveway entrance.
41 Reflectorized numbers are acceptable. Location and design to be approved
a2 by the Fire Marshal's office.
a3 d. Provide KNOX box for fire department access on the building.
a4 Application for the box can be obtained from the Fire Marshal's office. Box
45 location shall be approved by the Fire Marshal.
Reso. 96-70 NCS Page 5 of 11
t e. Barricades shall be provided to protect LPG tanks, piping and liquid
2 transfer connections from vehicular traffic impact.
3 f The propane tank shall. conform to Article 82 UFC and NFPA Standard 58
4 (1989 Edition) as required. The least of which shall include:
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6 * Access
7 * Security
g * Storage
9 * Nesting of storage tanks
to * Storage of old/unused commercial containers
11 * Stationary tank support and corrosion protection
12 * Define method of transmitting an alarm in the event of an
13 emergency
iq * Electrical installation shall conform with the National
15 Electric Code
t6 * Pressure relief and container appurtenances liquid transfer
l7 lines
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t9 g. Road base shall conform to City Engineering Standards for compassion and
2n surface type.
21 h. No retail sales, dispensing or use of propane permitted on the site.
22 i. Provide an approved fire safety analysis plan for review by the Fire
23 Marshal.
24 j. Installation of existing tanks from previous site shall conform to standards
25 of the Department of Industrial relations.
26 k. Turning radius of large vehicles within the yard shall be approved by the
27 City Traffic Engineer.
28 I. LPG transfer connection shall be located a minimum of 15 feet from LPG
29 tanks. Provide redundant fail-safe product control methods and devices
30 (excess flow valves, remote shutoffs, check valves, etc.) at the liquid
3 t transfer location and LPG piping as required by nationally recognized
3z standards of performance.
33 m. Any future structures and/or additions to the site shall conform to the
34 requirements of the Uniform Codes.
35 n. Obtain a permit for LPG installation from the Fire Department.
36 0. The plans submitted for building permit issuance shall reflect improvements
37 deemed to be necessary by the Fire. Marshal, if any, to address potential
38 hazards caused by train derailment.
39.
40 11. All requirements of the California Administrative Code Title 8; Unified Pressure
41 Vessel Safety Orders, shall be met in the development and operation of this facility,
a2 subject to the approval of the Occupational Safety and Health Agency, if
43 applicable. Prior to the issuance of a bui]ding permit, OSHA approval of
44 construction drawings shall be obtained, if applicable.
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Reso. 9 6-70 NCS Page 6 of 11
1 ,Risk of Upset Monitoring:
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3 The applicant shall comply with all mitigation measures as referenced above, and the
4 timing thereof subject to City staff review and approval.
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6 Transportation/Circulation:
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8 12. The applicant shall provide an irrevocable offer of dedication of a public pedestrian
9 and vehicular easement along the easterly property line to accommodate future
l0 joining circulation improvements with the adjacent property. Said offer shall be
I1 provided in a form acceptable to the City Attorney prior to the issuance of a
12 Certificate of Occupancy and/or commencement of business.
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14 13. This project shall be subject to payment of the Traffic Mitigation Fee pursuant to
15 the Petaluma Municipal Code (Code 11.80), prior to issuance of a Certificate of
16 Occupancy and/or commencement of business.
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18 14. The driveway location and width shall be designed to allow for supply tanker
19 trucks to make a right hand turn into and out of the site without encroaching into
20 the two-way left turn lane on Lakeville Street, subject to the City Traffic
21 Engineer's review and approval prior to issuance of a building permit and installed
22 prior to issuance of a Certificate of Occupancy and/or commencement of business..
23 Said driveway may need to be modified should the remainder of the site develop.
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25 15. Pursuant to Section 2-313 of the Petaluma Zoning Ordinance, the applicant shall
26 design and construct a separated sidewalk, pursuant to current City Standards,
27 across the project's Lakeville Street frontage. The design/location of the sidewalk
28 shall be subject to staff review and approval prior to issuance of a building permit,
29 and installed prior to issuance of a Certificate of Occupancy or commencement of
30 business.
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32 Transportation/Circulation Monitoring:
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3a The applicant shall comply with all mitigation measures as reflected above including timing
35 thereof.
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37 Public Service:
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39 16. The applicant shall be responsible for payment of the City's Community Facilities
40 Development fee pursuant to the Petaluma Municipal Code (Code 17.14) prior to
41 issuance of a Certificate of Occupancy.
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43 Public Service Monitorin
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45 Staff shall collect appropriate impact fees pursuant to City Resolution.
Reso. 96-70 Page 7 of 11
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z Aesthetics:
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4 17. Fencing: A minimum six foot tall solid wood fence shall be installed along the site's
5 eastern and western borders between the front setback and the proposed gated
6 screen wall, which defines the front of the propane distribution yard. A minimum
7 six foot tall solid wood and/or chain-link fence with applied wooden slats for
8 screening shall be installed along the site's western boundary between the proposed
9 gated front screen wall and the southwesterly property corner. The existing chain
10 link fence located along the site's easterly boundary shall be repaired (straightening
11 of fence posts, replacement of wire and wood slats etc.). The front fence/screen
12 and gate shall be constructed of a solid screen material (redwood and/or cement
13 planks), and a minimum of six (6) feet tall with two (2) feet of ?attice. All fencing,
14 proposed and/or required, shall be installed, subject to staff review and approval
15 prior to issuance of a Certificate of Occupancy or commencement of business.
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17 18. The landscaping plan shall be augmented to incorporate street trees and ground
18 cover within the resulting planter strip to be created pursuant to mitigation
19 measure #15; in addition, a minimum of 10 feet of landscaping shall be included
20 along the back of the sidewalk. All proposed and required landscaping shall be
21 designed and installed subject to Administrative SPARC review and approval prior
22 to issuance of a Certificate of Occupancy and/or commencement of business.
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24 19. Any visible portion(s) of the storage containers above the front fence shall be
zs architecturally detailed (wood and/or metal cornice detail etc.), subject to
26 Administrative SPARC review and approval prior to issuance of a building permit.
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28 20. The proposed site plan including all applicable mitigation measures and conditions
z9 herein shall be subject to Administrative SPARC review and approval prior to
30 issuance of a building permit and/or fencing permit. Said review shall include but
31 not be limited to the design of light fixtures, fencing (including effective security),
32 and landscaping (plant types, plant locations, and plant quantity) to ensure their
33 aesthetic quality and effective screening value.
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35 21. All trees shall be a minimum fifteen gallon size (i.e. trunk diameter of at least 3/4
36 inch measured one foot above the ground) unless otherwise specified (e.g.: 24"
37 box or specimen size) and double staked; all shrubs shall be five gallon size. All
38 landscaped areas not improved with lawn shall be protected with atwo-inch deep
39 bark mulch as a temporary measure until the ground cover is established.
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41 22. All plant material shall be served by a City approved automatic underground
42 irrigation system.
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44 23. All planting shall be maintained in good growing condition. Such maintenance
45 shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and
Reso. 96-70 Page 8 of 11
1 trash, fertilizing and regular watering. Whenever necessary, planting shall be
2 replaced with other plant materials to insure continued compliance with applicable
3 landscaping requirements. Required irrigation systems shall be fully maintained in
4 sound operating condition with heads periodically cleaned and replaced when
5 missing to insure continued regular watering of landscape areas, and health and
6 vitality of landscape materials.
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8 24. No parking shall be permitted within the front one-third of the property or that
9 area comprising "Phase 2" as indicated on the Site Plan unless an amendment to
to this Use Permit is obtained (See Condition #2.c.).
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12 Aesthetics Monitoring:
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14 The applicant shall prepare plans for Administrative SPARC review and approval. Said.
15 plans shall reflect the above mitigation measures and shall be reviewed by the Planning
16 Director.
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18 Archaeological/Historical:
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2n 25. The applicant and City Building Inspectors shall monitor construction activity for
21 the presence of archaeologically significant resources.
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23 Archaeological/Historical Monitoring:
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25 In the event that archaeological remains are encountered during grading, work shall be
26 halted temporarily and a qualified archaeologist shall be consulted for evaluation of the
27 artifacts and to recommend future action. The. local Indian community shall also be
28 notified and consulted in the event any archaeological remains are uncovered.
29
30 Conditions oT Use Permit:
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32 1. All conditions of the Engineering Department shall be met at the time of building
33 permit application or shown on improvement plans, including:
34
35 a. The driveway location and width for the proposed and future development
36 shall allow for the supply tanker trucks to make a right hand turn and not
37 encroach into the two-way left turn lane on Lakeville Street.
38 b. The Water Department shall be able to have 24 hour access to the water
39 main extending across the easterly side of the property.
4o c. The property owner shall enter into a "fair share payment agreement
41 towards cost and expenses of undergrounding" overhead utilities fronting
42 or traversing the site.
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Reso. 96-70 NCS Page 9 of 11
1 2. All conditions of the Planning Department shall be met, including:
2
3 a. This Use Permit shall allow a propane distribution facility. Project size and
4 operation shall substantially conform to the plans conditionally approved
5 herein.
6 b. No retail sales, dispensing or use of propane shall be permitted on the site.
7 c. The future building and site improvements (Phase 2 Site Plan Concept)
8 indicated on the site plan are not part of this Use Permit approval. Future
9 plans for development/use of the front portion of the site (Phase 2) shall be
1o subject to City review and approval prior to construction. Said review
11 shall include, but not be limited to: the adequacy, compatibility, and safety
lz of the driveway access and circulation needs of the propane distribution
13 facility approved herein; and the appropriateness of any future use as it
14 relates to on site traffic volumes, security and safety.
15 d. Only outdoor storage of propane tanks to be distributed to existing and/or
16 future customers shall be permitted within the facility. A designated
17 storage area(s) for said tanks shall be submitted for Administrative SPARC
18 review and approval prior to issuance of a building permit to insure that it
19 does not interfere with site circulation and is properly screened. No
20 outdoor storage of said tanks shall exceed 6 feet in height.
21
22 3. This project shall be responsible for the payment of special development fees, as
23 applicable, adopted by the City Council, including: sewer and water connection,
24 community facilities development, storm drainage impact, school facilities (paid
25 directly to the school district), and traffic mitigation.
26
27 4. This use permit may be recalled by the Planning Director for review at any time
28 due to complaints regarding lack of compliance with conditions of approval, traffic
29 congestion, noise generation, or other adverse operating characteristics. At such
3o time, the Planning Director may revoke the use permit or add/modify conditions of
31 approval or reefer said action to the Planning Commission.
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33 5. The applicants/developers shall defend, indemnify, and hold harmless the City or
34 any of its boards, commission, agents, officers, and employees from any claim,
35 action or proceeding against the City, its boards, commission, agents, officers, or
36 employees to attack, set aside, void, or annul, the approval of the project when
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Reso. 96-70 NCS Page 10 of 11
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2 such claim or action is brought within the time period provided for in applicable
3 State and/or local statutes. The City shall promptly notify the
4 applicants/developers of any such claim, action, or proceeding. The City shall
5 coordinate in the defense. Nothing contained in this condition shall prohibit the
6 City from participating in a defense of any claim, action, or proceeding if the City
7 bears its own attorney's fees and costs, and the City defends the action in good
s faith.
9
10 RESOPROP/hg23
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby cert$y the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) R~Ki~ meeting ~'fO~
on the ..4th-'---...---.... day of .............1ti.7.aX'.Q}].........--"'------------...., 19.9.x..., by the ~~/jd
following vote:
City Attorney
AYES: Hamilton, Stomps, Maguire, Read, Vice Mayor Barlas, Mayor Hilligoss, Shea
NOES: None
ABSENT: None
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ATTEST: _ ....~'~L~ - c~~:~f.L-f!'~L.~.,-. ,...~._.X.A...
City Clerk Mayor
Cbmcil File_
cn lass a~-s. u,,....._.9,6-.7-Q._..:vcs Page 11 OP 11