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HomeMy WebLinkAboutResolution 92-218 08/17/1992 1~ ~esolutl®n N®. 92-218 N.C.S. 1 of the City of Petaluma, California 2 A RESOLUTION OF THE CITY OF PETALUMA REPEALING 3 RESOLUTION N0.89-30 N.C.S. AND APPROVING A MODIFIED 4 CONDITIONAL USE PERMIT FOR MCDONALD'S RESTAURANT 5 LOCATED AT 981 LAKEVILLE STREET 6 (APN 005-020-57; FILE CUP92014) 7 8 WHEREAS, McDonald's Corporation, In conjunction with Petaluma Gateway Partners, 9 .applied for a use permit on October 20, 1988 to allow afree-standing fast food restaurant 10 not exceeding 5,000 square feet of floor area with drive-through lane within the Gateway 11 Shopping Center located at 981 Lakeville Street; and 12 13 WHEREAS, the Planning Commission held a duly noticed public hearing on this 14 application on December 13, 1988, during which all testimony either written or verbal was 15 noted and considered prior to their rendering a decision on this matter; and 16 17 WHEREAS, this application was considered on January 17, 1989 and conditionally 18 approved by the City Council on February 6, 1989 pursuant to conditions approving the 19 Gateway Center (Council Resolution No. 86-263 N.C.S.) based on the following findings: 20 21 1. The proposed use, subject to the conditions of approval, conforms to the intent and 22 requirements of the Zoning Ordinance and General Plan. 23 2. This project will not constitute a nuisance or be detrimental to the public welfare of 24 the community due to the mitigation measure incorporated by the certification of 25 the final EIR (certified for the Gateway Shopping Center) and the conditions of 26 approval for the Use Permit. 27 3. The approval of a Use Permit for a fast food restaurant at this location is exempt 28 from further environmental review because the project substantially conforms to the 29 Gateway Center's certified EIR (Petaluma Environmental Review Guidelines 30 Section 6.4.3(a)); and 31 32 WHEREAS, Vince Parisi, owner/operator of the McDonald's Restaurant located at 981 33 Lakeville Street, applied for an amendment the provisions of the Conditional Use Permit 34 relating to the signs on the tower on Apri129, 1992 (File No. CUP92014); and 35 36 WHEREAS, the Planning Commission held a duly noticed public hearing on this 37 application on June 9, 1992, during which all testimony either written or verbal was noted 38 and considered; and 12es. No............92-218. N.C.S. 1 1 WHEREAS, the Planning Commission was unable to reach a consensus on this matter and 2 forwarded the item to the City Council without a recommendation; and 3 4 WHEREAS, this application was considered and conditionally approved by the City 5 Council on August 3, 1992; and 6 7 WHEREAS, in regards to the proposed amendments to the Conditional Use Permit, the 8 Council hereby finds as follows: 9 10 Findings: 11 1. The proposed signs, as conditioned, will conform to the requirements and intent of 12 the Petaluma Zoning Ordinance. 13 2. The proposed signs , as conditioned, will conform to the requirements and intent, 14 goals, and policies of the Petaluma General Plan relating to City Gateways and 15 quality design. 16 3. The proposed signs, as conditioned, to eliminate the internal lighting will not 17 constitute a nuisance or be detrimental to the public welfare of the community. 18 4. This project is Categorically Exempt under CEQA Section 15311(a), Accessory 19 structures: on-premise signs. 20 21 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby repeals 22 Resolution No. 89-30 N.C.S. approving the original Use Permit; and 23 24 BE IT FURTHER RESOLVED that, based on the foregoing findings, the City Council of 25 the City of Petaluma grants an amended Use Permit to McDonald's Restaurant for a fast 26 food restaurant not exceeding 5,000 square feet of floor area with drive-through lanes (as 27 shown on plans dated October 19, 1988 (File No. 1.615) and as amended on the plans 28 dated May 26, 1991 (File No. CUP92014) on file with the Planning Department, subject to 29 the following amended conditions: 30 31 Conditions:l 32 1. This project is subject to SPARC approval. Special items of concern that SPARC 33 shall address include but are not limited to: 34 1 These conditions reflect the original Council conditions adopted by Resolution #89-30 unless otherwise noted. Reso 92-218 NCS 2 r a. Berms and landscaping along the street frontage to better buffer drive- through lane headlights from street traffic. b. Changing the architecture on the northern, southern, and western elevations to incorporate more detail elements, especially if said elements further incorporate details of the Center's main buildings, such as addition of awnings where appropriate. The tower and advertising thereon shall be revised to better reflect the style of the main center, e.g., shortened: 1. The two illuminated '~LlcDonald's"shall be removed from the top of the tower doors.2 2. The plans may be modified to include two internally illuminated plastic back-lit 'M" signs on two sides of the tower. The size of these 'M"s not to exceed the size of the existing relief 'M"s. c. Better distribution of parking spaces. d. Assurance that the restaurant's sign program not only conforms to City Ordinances but is also aesthetically pleasing and compatible with the building and environs. e. The height and number of the flag poles relative to the scale of the building to conform to the Center's sign program. f. Transformer relocation or screening. g. Building not to exceed 5,000 square feet. h. Parking spaces to be possibly reconfigured to smooth traffic ingress/egress between drive-through land and two-way parking lot traffic. 2. Delivery trucks .shall be directed to the trash. enclosure driveway. Appropriate signs or other demarcation are subject to SPARC approval. 3. Parking lot and accent lighting shall. conform to the lighting program for the Center. 4. Paved access shall be provided between this site and street ingress/egress in the event this project is constructed prior to the Center. 2 Conditions in italics are those added by this resolution. Reso. 92-218 NCS 3 1 Conditions Previously Imposed on this Site by Shopping Center Use Permit: 2 3 5. All structures shall be built at least to the minimum standards of the Uniform 4 Building Code for seismic safety. 5 6. Site preparation and grading shall conform to the recommendations of a registered 6 soils engineer in the State of California and subject to review and approval of the 7 City Engineer. Recommendations must be included for addressing the issues of 8 expansive soils and settlement. 9 7. Site drainage work shall be subject to review and approval of the Sonoma County 10 Water Agency and City staff in accordance with the Petaluma River Watershed 11 Master Drainage Plan. 12 8. The applicant shall comply with all applicable flood mitigation requirements 13 adopted by the City Council as contained in Zoning Ordinance Article 16 and 14 Municipal Code Chapter 17.30, "Storm Drainage Impact Fee." All improvements 15 and grading shall comply with the Sonoma County Water Agency Design Criteria. 16 9. An effective sprinkling program to reduce dust emissions shall be .implemented 17 during construction. 18 10. The project shall pay apro-rata share of the improvement costs associated. with the 19 new sanitary sewer line along Lakeville per the Sanitary Sewer Master Plan, subject 20 to review and approval of the City Engineer. Any share paid by the Center on 21 behalf of this restaurant site shall be credited toward fulfilling this condition. 22 11. The applicant shall submit a litter control plan and a landscape maintenance plan as 23 part of the SPARC review application. 24 12. Employees shall be allowed to park on the project site within the Center. 25 13. All overhead utilities fronting or traversing any portion of the project site shall be 26 converted to underground facilities, subject to staff review and approval. 27 14. A sign program for the restaurant shall be developed and submitted as part of the 28 SPARC application package. The restaurant's signs must conform to the Center's 29 sign program. 30 15. Truck circulation pattern serving the site shall be such as to prohibit truck traffic 31 north on Payran beyond Lindberg and east on Lindberg beyond Payran. 32 33 Standard Conditions: 34 16. Root barrier systems shall be utilized for trees near streets or walkways as needed, 35 subject to staff review and approval. 4 Reso. 92-218 NCS 1 17. All work within a public right-of-way requires an excavation permit from the 2 Department of Public Works. 3 18. A separate water meter shall be provided for landscape irrigation systems or as 4 required by staff. 5 19. In the event that archaeological remains are encountered during grading, work shall 6 be halted temporarily and a qualified archaeologist shall be consulted for evaluation 7 of the artifacts and to recommend future action. The local Indian community shall 8 also be notified and consulted in the event any archaeological remains are 9 uncovered. 10 20. Any future color schemes that vary from those approved shall be subject to SPARC 11 review. 12 21. All outdoor mechanical equipment, satellite dishes, fire main and all rooftop 13 equipment shall be fully visually screened upon installation subject to the approval 14 of the Planning Department. Screening devices shall be shown on construction 15 and/or landscape plans. 16 22. Trash enclosure screens shall be protected from vehicular movements with 17 minimum three foot wide curbed landscape buffers, and shall be designed to 18 conform with all specifications of the City Trash Enclosure Screen Design 19 Standards. 20 23. All above-ground meters and transformers shall be shown on plans and screened 21 with landscaping materials subject to approval of the Planning Department. Any 22 combination of earth berms, retaining walls and landscaping may be used to 23 accomplish said screening. 24 24. A certification stamped by a Registered Professional Engineer or Registered Land 25 Surveyor (elevations only) that the lowest floor is at least twelve (12) inches above 26 the base flood elevation (BFE) or that the structure is flood-proofed. Certification 27 shall be on a form prescribed by the Chief Building Official and shall be submitted 28 to the Building Division prior to issuance of a Certificate of Occupancy. 29 25. Major Traffic Facilities Improvement Fees: The project sponsor shall, prior to 30 issuance of Certificate of Occupancy, pay a fee of $50.00 per daily trip end estimated 31 to be generated by the increase in restaurant size above 2,900 square feet (as 32 estimated in the Lucky Center EIR traffic section} as determined by the Planning 33 Director. If the City establishes a Major Facilities Traffic Mitigation fee prior to 34 issuance of a building permit, the fee for said project shall thereinafter be either 35 $50.00 per trip end or the major facilities traffic mitigation fee, whichever is less. In 36 determining the traffic generation caused by this restaurant, the Director shall rely 5 Reso. 92-21.8 NCS 1 on estimates contained in the Lakeville Shopping Center EIR, but shall account for 2 (subtract) linked trips; i.e., those in which restaurant is an intermediate stop or 3 shared stop with the Center. Linked trips are estimated to be 50% of the total. 4 5 mcdonres/dd4 6 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) (mil) (~meetifig ~~~~ ~ r on the ..- ~-'i.><b ............. day of ............ALt~llS.t--.....-........-............._, 19..x.2., by the .-' following vote: ;- ity Atto y AYES: Read, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss NOES: Sobel ABSENT: N ne AIN: .Davis ~ ~ ' '~ ~~ ~ , ATTEST: ----...Lr~I:,r.Lar'~/..y.~G/~.~ .......................................................... /~/ ity Clerk Mayor Gbuncil Fil ---------------p.....-....----...... CA 10-85 ~ Rcs. No..... ~.`~..-`Z..1.8........ N.C.S. "