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HomeMy WebLinkAboutResolution 94-311 11/21/1994 ~~S®IUtI®~ N®. 94-311 N ~.J. 1 of the City of Petaluma, California 2 3 4 5 RESOLUTION DENYING THE APPEAL BY DANIEL BENNETT OF 6 CONDITIONS IMPOSED BY THE PLANNING COMMISSION UPON THE 7 APPROVAL OF A CONDITIONAL USE PERMIT FOR THE 8 DEVELOPMENT AND OPERATION OF A TRUCK AND 9 TRAILER RENTAL FACILITY ON THE PROPERTY AT 10 1240 NORTH McDOWELL BOULEVARD, APN 137-011-020 11 12 13 14 WHEREAS, Mr. Daniel Bennett, on behalf of the U-Haul Company of San Francisco, 15 applied for Planning Commission approval of a Conditional Use Permit for the 16 development of a truck and trailer rental operation in conjunction with a self storage 17 facility on the property at 1240 North McDowell Boulevard, Sonoma County Assessors 18 Parcel No. 137-011-020; and 19 20 WHEREAS, the Planning Commission considered the project during a public meeting on 21 September 13, 1994, at which time a Mitigated Negative Declaration was adopted and the 22 project was approved with. specific mitigation measures and conditions; and 23 24 WHEREAS, Mr. Daniel Bennett appealed. a condition of approval in accordance with 25 applicable provisions of the Zoning Ordinance (No. 1072 N.C.S.); specifically, a condition 26 requiring the installation of a 6' tall solid screen wall across the site's street frontage; and, 27 28 WHEREAS, the appeal was considered by the City Council on November 21, 1994, during 29 which time public testimony was heard and considered prior to the Council rendering its 30 decision. 31 32 NOW THEREFORE, BE IT RESOLVED that the City Council sustains the Planning 33 Commission's action and denies Mr. Bennett's appeal of a requirement to install a 6' tall 1 Hcs. No...........9.~-~.~.1... N.C.S. 1 screen wall across the projects street frontage at 1240 North McDowell Boulevard, based 2 on the following findings and subject to the following mitigations and conditions: 3 4 Findings for Approval of a Mitigated Negative Declaration of Environmental Impact: 5 6 1. An Initial Study has been prepared and proper notice provided in accordance with 7 CEQA and local guidelines. 8 9 2. Based upon the Initial Study and comments received, potential impacts could be 10 avoided or reduced to a level of insignificance by mitigation measures attached as 11 conditions of approval. There is no substantial evidence that the project, as 12 conditioned, would have a significant effect on the environment. 13 14 3. The project does not have .potential to affect wildlife resources as defined in the 15 Fish and Game code, either individually or cumulatively and is exempt from Fish 16 and Game filing fees because no significant wildlife resources have been identified 17 on the project site. 18 19 4. The incorporation of a mitigation measure requiring the installation of a 6' tall solid 20 screen wall along the site's street frontage, will reduce visual impacts created by the 21 project to a level of insignificance. 22 23 Findin sg for Approval of a Conditional Use Permit for a truck and trailer rental facility: 24 25 1. The proposed project, as conditionally approved, will conform to the requirements 26 and intent of the Petaluma Zoning Ordinance, specifically: the project provides 27 parking and landscape setbacks in conformance with Zoning Standards and the 28 project. 29 30 2. The proposed project, as conditionally approved, will conform to the requirements 31 and intent, goals, and policies of the Petaluma General Plan, specifically: the 32 requirement to reduce driveway access from two to one will minimize traffic friction 33 points along an arterial; the project will provide sidewalk improvement along its 34 frontage with McDowell Boulevard; the project will provide needed services to 35 residents and businesses; the project will, by virtue of conditions of approval, be 36 designed to satisfy the design standards set forth in the General Plan. 37 38 3. The proposed project, with provisions for limited access, a maximum number of 39 stored trucks and trailers, lighting, signs, and outdoor storage, will not constitute a 40 nuisance or be detrimental to the public welfare of the community inasmuch as 41 these and other potentially offensive activities are regulated through the project 42 approval. 43 44 Mitigation Measures: 45 46 1. Section 10.3 Objectives, Policies and Programs; Policy 6 of the Petaluma General 47 Plan requires "Driveways onto arterials will be strictly limited and controlled." One 48 driveway access to McDowell Boulevard will be allowed for this project. The 49 driveway width shall be designed to accommodate turning movements of types of 50 vehicles anticipated to access this development. The driveway shall be a curb radius 51 type, (i.e. not an apron type) with pedestrian ramps on each radius. The site plan Reso. 94-311 NCS 2 1 shall be revised to reflect this requirement to the satisfaction of the Traffic Engineer 2 prior to consideration of the application by SPARC. 3 4 2. To facilitate pedestrian circulation/access, this development shall design and install 5 a City standard separated sidewalk along its McDowell Boulevard frontage. 6 7 3. A landscaped setback of 30' from property line shall be established from the N. 8 McDowell Blvd. frontage. Said setback shall be improved with substantial berming 9 (3-4' in height) and landscaping pursuant to a landscape plan reviewed and 10 approved. by SPARC. A solid 6' tall masonry wall shall be installed on the berms 11 exclusive of the building frontage on McDowell Boulevard. The design and 12 placement of said wall shall be reviewed and approved by SPARC prior to the 13 issuance of a building permit. 14 15 4. Truck and trailer display shall be limited to defined display pad area(s) and shall not 16 encroach into the front landscaping setback (30' The location of the display pad 17 area(s) shall be reflected on the revised site plan presented for SPARC review and 18 approval. 19 20 5. To reduce visual impacts of the proposed use, and to create a sense of street 21 presence, the vehicle service/office/installation functions of the use shall be located 22 along the McDowell Blvd. frontage. A minimum setback of 30' + measured from 23 the property line shall be respected. Design and location of the building shall be 24 subject to review and approval by SPARC prior to the issuance of a building permit. 25 There need not be separate buildings for the service/office/installation functions 26 and the personal storage use. 27 28 6. To reduce visual impacts, the proposed. propane storage tank shall be no taller than 29 10'. The location and design of the tank shall be subject to SPARC review and 30 approval prior to the issuance of a building permit. 31 32 7. If the proponents plan to provide a gate at the driveway, it shall be a minimum of 33 50-feet from the face of curb to provide adequate vehicle stacking area off 34 McDowell Boulevard setback and/or equipment drop off during non-business 35 hours. Design of the gate shall be subject to review and approval by SPARC. 36 37 8. The project's site plan, landscape plan and architectural plans shall be subject to 38 SPARC for review and approval. In their review,. SPARC shall note that the project 39 is located on a major arterial and as such shall. be treated as a prominent feature of 40 the City. Quality design is expected. To ensure a quality project the following 41 components of the project's architecture, site improvements and landscaping shall 42 be submitted for SPARC review and approval: 43 44 a. Architectural plans which contain detailed building elevations and. a 45 floor/site plan. All proposed exterior materials shall be identified, and 46 accompanied by a color board. Note: To provide more architectural relief 47 along the sites frontage, the office/showroom, and maintenance/equipment 48 installation facilities shall be developed as a facility with enhanced 49 architectural interest and brought forward on the site. 50 b. A detailed landscape plan that indicates the locations and species of all trees, 51 bushes, and ground cover shall be submitted for SPARC review and. approval 52 to insure a rich visual screen to soften the visual appearance of the site. The 53 plan shall include details for proposed screen walls, fencing, berming, 54 planting wells and hardscape elements. Reso. 94-311 NCS 3 1 2 9. A Sign Program including the locations of all proposed signs on the site plan, with 3 details identifying their, size, design, and color shall be provided for SPARC review 4 and approval. All signs must be designed to conform with the Zoning Ordinance. 5 6 10. All exterior light fixtures proposed shall be shown on plans presented for SPARC 7 approval. All lights attached to buildings shall provide a soft "wash" of light against 8 the walls. All fights shall conform to City Performance Standards (e.g., no direct 9 glare, no poles in excess of 20 feet height, etc.) and shall compliment building 10 architecture. 11 12 11. In the event that archaeological remains are encountered during grading, work shall 13 be halted temporarily and a qualified archaeologist shall be consulted for evaluation 14 of the artifacts and to recommend future action. 15 16 12. To mitigate the incremental demand for City services, the project proponent shall 17 pay a Community Facilities Development Fee. Said fee shall be calculated at time 18 of building permit issuance, and due and payable prior to issuance of a Certificate of 19 Occupancy. 20 21 13. To mitigate the incremental increase in storm water runoff, the project proponent 22 shall pay a Storm Drainage Impact fee. Said.. fee shall be calculated at time of 23 building permit issuance, and due and payable prior to issuance of a Certificate of 24 Occupancy. 25 26 14. To mitigate the incremental increase in demand for local school facilities, the 27 project proponent shall pay a School Facilities fee. Said fee shall be paid prior to 28 issuance of a building permit. 29 30 15. To mitigate the incremental demand on City transportation systems, the project 31 proponent shall pay a Traffic Mitigation fee. Said fee shall be calculated at time of 32 building permit issuance, and due and payable prior to issuance of a Certificate of 33 Occupancy. 34 35 16. All grading and erosion control shall conform to the City's Erosion Control 36 Ordinance 15.76. 37 38 17. A mitigation monitoring plan consistent with the local CEQA Guidelines shall be 39 prepared by the Planning Director prior to the issuance of a building permit. 40 41 Conditional Use Permit Conditions: 42 43 1. All conditions of the Engineering Department shall be met, including: 44 45 a. This development shall design and install City Standard sidewalk along its 46 McDowell Blvd. frontage. 47 b. One driveway access to McDowell Blvd. will be allowed for this project. 48 Section 10.3 Objectives, Policies, and Programs; Policy 6 of the Petaluma 49 General Plan requires "Driveways onto arterials will be strictly limited and 50 controlled." The driveway width shall be designed to accommodate turning 51 movements of types of vehicles antics ated to access this development. The 52 driveway shall be a curb radius type, ~i.e., not an apron type) with pedestrian 53 ramps on each radius. Reso. 94-311 NCS 4 1 c. If the roject property is planned to be fenced across its street frontage, the 2 fence ate across the driveway shall be a minimum 50-feet from the face of 3 curb to provide equipment drop-off during non-business hours. McDowell 4 Blvd. has no curbside parking. 5 d. The comments above and the following information shall be incorporated 6 into and shown on a site plan for this project: 7 8 Pad elevation 9 Drainage pattern 10 Top of curb elevations at property corners 11 Rear property corner elevations 12 Slopes or retaining walls 13 Existing or new frontage improvements (curb, gutter, sidewalk, 14 fire hydrant, street light, catch basins, etc.) 15 Driveway 16 Sewer lateral 17 Water meter 18 Property line dimensions 19 Building setback lines 20 Dimensions from property line to house 21 Existing or new easements 22 23 e. The applicant shall provide property title information describing the property 24 boundary. The Assessor's Parcel Map and Parcel Map 217 shows a different 25 boundary than what the submitted preliminary site plan shows. 26 27 2. All conditions of the Fire Department shall be met, including: 28 29 a. Provide fire extinguishers 2A rated ABC dry chemical type as required by the 30 Fire Marshal. 31 b. Buildings larger than 3,500 square feet in area or three stories or more in 32 height shall be protected by an automatic fire extinguishing system as 33 required by Section 10.507B of the 1991 Edition of the Umform Fire Code. 34 c. Permit required for alarm system prior to installation. 35 d. Provide alarm system for sprinkler. Alarm system is to be monitored by an 36 approved central receiving station. 37 e. Provide KNOX box for key control located on building as required by the 38 Fire Marshal. 39 f. Provide key with tag indicating address and suite number for KNOX box. 40 g. Provide fire hydrants as required by the Fire Marshal's office. Four fire 41 hydrant(s) required for project. 42 h. Permit required from the .Fire Marshal's office for fixed fire extinguishing 43 systems. Two sets of plans are required. 44 i. Post address at or near main entry door -minimum four (4) inch letters. 45 j. All compressed gas cylinders in service or in storage shall be adequately 46 secured to prevent falling or being knocked over (Section 74.107a of the 1988 47 Edition of the Uniform Fire Code). 48 k. Provide metal or flame retardant plastic waste cans. 49 1. Provide electrical conduit from post indicator valve to alarm panel location. 50 for tamper switch as underground is being installed. 51 m. Check valve in Fire .Department connection to be installed above grade. 52 n. Barricades shall be provided to protect gas meters from vehicular traffic 53 impact. 54 Reso. 94-311 NCS 5 1 2 0. Two-inch clearance shall be provided around fire sprinkler lateral and riser 3 at foundation and floor slab. 4 p. Exiting: exit ways and exit doors shall conform to 1988 Edition of the 5 Uniform Fire Code and the 1991 Uniform Building Code. 6 q. Permits for tank removal are required from both the Fire Marshal's office 7 and the Sonoma County Public Health Department, .Hazardous Materials 8 Division, prior to beginning work. 9 r. Provide detail for double containment of hazardous materials showing 10 proposed location for containment. 11 s. Businesses storing hazardous materials in amounts which require submittal 12 of a Hazardous Materials Management Plan to the Petaluma Fire 13 Department shall have all documents submitted, approved and storage 14 permit issued by the Fire Marshal's office prior to Certificate of Occupancy 15 approval. 16 t. Installation of water/oil separators, 3 compartment clarifiers and like 17 equipment, installed in the ground, is required to have a permit from the 18 State Department of Toxics. Contact 916-323-5871. 19 u. Flammable liquids or hazardous materials are not permitted in storage areas. 20 21 3. All conditions of the Planning Department shall be met, including: 22 23 a. All mitigation measures shall be adopted as conditions of project approval. 24 b. The maximum number of trucks and trailers permitted to be stored on the 25 site at any time shall not exceed 35 trucks and 30 trailers. 26 c. Only the sale of propane gas (resale only, no wholesale is permitted) and the 27 rental of typical personal moving rental trucks and trailers may be stored 28 and/or rented from this site. No other equipment, furniture or goods except 29 for those incidental to the rental vehicle or personal storage operation may 30 be stored. or rented/sold at this site. 31 d. Details of the propane tank with dispenser shall be provided with plans 32 submitted for SPARC review and approval. 33 e. No outdoor storage of rental equipment or other merchandise except for 34 rental trucks and trailers shall be permitted except that any proposal for 35 temporary outdoor display or sales may be permitted by the Planning 36 Director through the issuance of a Zoning Permit prior to the event. 37 f. Construction activities shall comply with applicable Zoning Ordinance and 38 Municipal Code Performance Standards (noise, dust, odor, etc.). 39 g. This use permit may be recalled to the Planning Commission for review at 40 any time due to complaints regarding lack of compliance with conditions of 41 approval, traffic congestion, noise generation, or other adverse operating 42 characteristics. At such time, the Commission may revoke the use permit or 43 add/modify conditions of approval. 44 h. All site construction shall meet the requirements established under Article 45 16 (flood Plane District) of the Petaluma Zoning Ordinance, subject to staff 46 review and approval prior to issuance of a building permit. 47 48 4. The applicants/developers shall defend, indemnify, and hold harmless the City or 49 any of its boards, commission, agents, officers, and employees from any claim, action 50 or proceeding against the City, its boards, commission, agents, officers, or employees 51 to attack, set aside, void, or annul, the approval off the project when such claim or 52 action is brought within the time period provided for in a plicable State and/or 53 local statutes. The City shall promptly notify the applicants developers of any such 54 claim, action, or proceeding. The City shall coordinate in the defense. Nothing 6 Reso. 94-311 NCS A 1 contained in this condition shall prohibit the City from participating in a defense of 2 any claim, action, or proceeding if the City bears its own attorney's fees and costs, 3 and the City defends the action In good faith. 4 5 uhaulcc/hg15 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 (Regulax) (lkil~~~~~iad) meeting fO~' on the .-2.l.st day of .........-N.oVember..........................., 19..94, by th following vote: C; y, tt rney AYES: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: B las , ATTEST: y Clerk Mayor Council File ..............1...-...........-...... CFl 10-85 ~ Res. No. _.....~4. .31.~..,... N.C.S.