HomeMy WebLinkAboutResolution 95-004 N.C.S. 01/03/1995 Resolution No. ss-o4 1~1.C.S.
' 1 of the City of Petaluma, California
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5 RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION'S
6 APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT FOR THE
7 PETALUMA QUEEN CRUISE VESSEL,
8 226 WELLER STREET, AP NO. 007-142-004
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11 WHEREAS, on November 8, 1994, the Petaluma Planning Commission approved an
]2 application for a Conditional Use Permit Amendment filed by William Barker, on behalf
13 of the Petaluma Riverboat Company; and
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15 WHEREAS, a timely appeal of the Planning Commission decision was appropriately filed
16 by the applicant, Mr. Barker, stating objection to mitigation measure no. 1 adopted by the
17 Planning Commission, which placed restrictions on passage of the .Petaluma Queen
18 through the D Street bridge during specified peak traffic hours;
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20 WHEREAS, the City Council has held a public hearing to consider the appeal and all
2] reports, documentation and testimony submitted on the matter;
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23 NOW THEREFORE, BE IT RESOLVED that the City Council finds as follows:
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25 1. The Planning Commission acted appropriately in its decision of November 8, 1994.
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27 2. The affected portion of D Street located between Lakeville Street and Fourth
28 Street, is a primary vehicular thoroughfare for crossing the Petaluma River, and is
29 heavily traveled during the noon and evening peak hours.
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31 3. Routine openings of the D Street drawbridge to permit passage of the Petaluma
32 Queen vessel during peak traffic hours would be detrimental to the public safety,
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1 due to the disruption of traffic flows along D Street, and the potential for blockages
2 at street intersections between Lakeville Street and Fourth Street created by the
3 delayed traffic.
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5 4. Routine opening of the bridge for passage of the vessel during peak traffic hours is
6 not required by the nature of the proposed business activity, but is a matter of
7 convenience for the business operator, and does not serve the larger interests of the
8 community.
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10 BE IT FURTHER RESOLVED that the City Council hereby affirms the November 8,
11 1994 decision of the Planning Commission, with findings, mitigation measures and
12 conditions of approval as set forth below:
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14 Findings for Negative Declaration;
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16 1. An Initial. Study has been prepared and proper notice provided in accordance with
17 CEQA and local guidelines.
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19 2. Based upon the Initial Study and comments received, potential impacts relative to
20 circulation could be avoided or reduced to a level of insignificance by mitigation
21 measures attached as conditions of approval. There is no substantial evidence that
22 the project, as conditioned, would have a significant effect on the environment.
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24 3. The project does. not, as conditioned, have potential to affect wildlife resources as
25 defined in the Fish and Game code, either individually or cumulatively and is
26 exempt from Fish and Game filing fees because any potential increase in graywater
27 volumes generated by the vessel will be contained while the boat is underway.
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2 4. 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 5. The Planning Commission reviewed the Initial Study/Negative Declaration and
6 considered the comments before making a decision on the project.
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8 6. The record of proceedings of the decision on the project is available for public
9 review at the City of Petaluma, Planning Department, City Hall, 11 English Street,
10 Petaluma, California.
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12 Findings for Conditional Use Permit Amendment:
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14 1. The proposed Use Permit .Amendment, as conditioned, will conform to the
15 requirements and intent of the Petaluma Zoning Ordinance.
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17 2. The proposed Use Permit Amendment, as conditioned, will conform to the
18 requirements and intent, goals, and policies of the Petaluma General Plan.
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20 3. The proposed Use Permit Amendment, as conditioned, will not constitute a
21 nuisance or be detrimental to the public welfare of the community.
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23 Mitigation Measures:
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25 L The cruise operator shall schedule cruise activity to preclude. bridge openings at the
26 D Street bridge during the following peak traffic hours:
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1 11:45 AM - 1:15 PM Monday through Saturday
2 4:30 - 6:00 PM Monday through Friday and Sunday
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4 2. The cruise operator shall provide the City Public Works Department with written
5 notice of proposed timeframes for requested bridge openings at least 24 hours prior
6 to scheduled departures from the Turning Basin.
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8 3. Operation of the calliope shall be limited to periods when the vessel is underway
9 along the Petaluma River. The calliope shall not be operated while the vessel is
10 docked in the Turning Basin. Playing intervals shall be limited to a maximum of 3
11 minutes upon departure, to be followed by at least 10 minutes of non-operation.
12 The operator shall avoid playing the calliope while passing noise-sensitive uses such
13 as residential or office developments located within 100' of the river channel bank.
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15 4. The vessel operator shall comply with all requirements of the California Water
16 Quality Control Board and the Sonoma County Health Department with respect to
17 containment, treatment and/or disposal requirements within timeframes established
18 by those agencies. Signage indicating that water is going directly into the River shall
19 be posted above all sinks/washbasins on the vessel.
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21 Conditions:
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23 1. Mitigation measures 1 through 4 above, as adopted in conjunction with the Negative
24 Declaration approved for this project, shall become conditions of approval for the
25 Conditional Use Permit Amendment.
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1 2. The vessel operator shall be permitted a maximum passenger occupancy load of 300
2 persons, with parking to be provided at the rate of 1 stall per 2.5 persons.
3 Permanent parking for at least 200 persons, or a minimum of 80 stalls, shall be
4 maintained on an ongoing basis within 300' of the office site located at 226 Weller
5 Street. In addition, at least 15 days prior to any event with an anticipated cruise
6 occupancy exceeding 200 passengers, the vessel operator shall submit for Planning
7 and Engineering staff approval, parking plans for all additional parking required; at
8 the rate of 1 stall per 2.5 passengers. Should there be any loss of parking lease,
9 vessel occupancy shall be lowered proportionally. Application for the approval shall
10 be filed and obtained with the Planning Department, together with required fees,
11 and processed as a Zoning Permit for special events, in accordance with Section 26-
12 100 (Zoning Permits) of the Petaluma Zoning Ordinance.
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14 3. The proposed storage buildings shall be subject to administrative SPARC review
15 prior io issuance of any required building/electrical permit, or prior to
16 erection/installation if no permits are required. Review shall emphasize
1? compatibility of the exterior elevations (including materials and color) with respect
18 to surrounding views and the existing Queen's office structure, compliance with all
19 Zoning standards, UBC, UFC, and County Health Department requirements for
20 storage of food and other uses proposed.
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22 4. Within five (5) days of the erection/installation of the two approved storage
23 buildings within the office site, but in no case longer than sixty (60) days following
24 Administrative SPARC approval for the site improvements, the applicant shall
25 remove the existing floating storage facility located within the Turning Basin.
26 Failure to remove the floating storage facility within the specified timeframe shall
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1 be cause for abatement action by the City, including commencement of Use Permit
2 revocation procedures.
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4 5. 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, action
6 or proceeding against the City, its boards, commission, agents, officers, or employees
7 to attack, set aside, void, or annul, the approval of the project when such claim or
8 action is brought within the time period provided for in applicable State and f or
9 local statutes. The City shall promptly notify the applicants/developers of any such
10 claim, action, or proceeding. The City shall coordinate in the defense. .Nothing
11 contained in this condition shall prohibit the City from participating in a defense of
12 any claim, action, or proceeding if the City bears its own attorney's fees and costs,
13 and the City defends the action in good faith.
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15 6. All previously adopted conditions imposed under the 1989 Use Permit approval (file
16 1.614) and 1993 Amendment (file CUP93014) shall remain in full force and effect,
17 except as herein amended.
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19 7. Event parking shall be monitored by Planning staff and a report provided to the
20 Planning Commission should difficulties be found.
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22 Under the power and authority cronferred upon this Council by the Charter of said City.
23 lgresl/Ip13
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) f6CH1i~XQ8{ACAiX4) meeting n fO~'
on the -_.3P.d._............ day of ...:.-....January 19..95., by the -~Y
following vote:
City Attorney
AYES: Hamilton,. Maguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss
LACES: None
ABSENT: Barlas~ - .
_ ..............~~-L~-~........... .._..fl~~ ~
ATTE51':
city clerk Mayor
Council File.._...._
ce loos a~~,. ma .6 ............._.u.cs_ ReSO. 95-04 NCS