HomeMy WebLinkAboutResolution 91-205 N.C.S. 07/15/19917
1 ~~S®IUt101~1 N®. 91-205 N ~.~.
2
3 of the City of Petaluma, California
4 ADOPT LEGISLATION UPHOLDING THE APPEAL BY
5 LUIS AND MILDRED MACHADO, OWNERS OF A & M TOWING, OF
6 PLANNING COMMISSION CONDITIONS WITH AMENDED CONDITIONS
7 OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR A
8 TOWING AND STORAGE SERVICE AT 25 MAGNOLIA AVENUE
9
10
11 WHEREAS, at its regular meeting of May 28, 1991, the Planning Commission
12 conditionally approved an application from Luis and Mildred Machado for a use permit for
13 the operation of a towing and storage service at 25 Magnolia Avenue; and,
14
15 WHEREAS, a request for amendment to revise Conditions 1.a, l.b, 4, and 9 from the
16 adopted use permit conditions of approval was subsequently filed by the applicants within
17 the time period allotted for an appeal of the use permit approval; and,
18
19 WHEREAS, at its regular meeting of July 1, 1991, the City Council directed City Staff to
20 develop revised conditions of approval for said use permit that reflect an acceptable
21 agreement between City Staff and the proponents of a towing and storage operation at 25
22 Magnolia Avenue; and,
23
24 WHEREAS, the following conditions have been developed to reflect acceptable conditions
25 for said use permit between City Staff and the applicants per a meeting on July 9, 1991;
26 and,
27
28 WHEREAS, the following conditions, as revised,. will not have a significant impact on the
29 previously approved findings for a mitigated negative declaration or the previously
30 approved findings for the project's consistency with the City General Plan and Zoning
31 Ordinance:
32
33 CONDITIONS:
34 1. The following requirements of the City Engineer shall be met prior to occupation
35 and commencement of use:
36 a. Dedicate sufficient right-of-way across the property frontage to provide for
37 public .improvements (see attached diagram., Exhibit "A").
38 b. Driveway location, design, paving material and width subject to staff review
39 and approval.
40
41 2. Any utility lines proximate to or serving this project shall not be relocated or reused
42 without approval from the appropriate utility provider.
91-205
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2 3. A grading permit shall be obtained from the Building Division prior to any grading
3 and paving work on the site.
4
5 4. A site grading/paving, drainage and landscape plan shall be provided to staff for
6 administrative SPARC review and approval prior to the issuance of a grading
7 permit. Plans shall include, but not be limited to, the following:
8 a. Planting arrangements for the 10' front yard setback, and 5' rear yard setback.
9 b. 3' minimum separation between the parking lot and east fence line.
10 c. The perimeter of the parking lot shall be delineated with either curb or
11 approved tire stops.
12 d. In the event portions of the lot to the rear of the existing house are paved, a
13 5' planter strip shall be developed along the west fence line.
14 e. A 6' wood fence, set back a minimum of 10' from the front property line shall
15 be constructed, subject to staff review and approval.
16 f. All existing and proposed fencing shall be maintained in good condition (no
17 broken/missing planks or posts, no leaning posts or sections of fencing).
18 g. The entry gate shall either open automatically (by remote control), or be
19 recessed a .minimum of 40' from the back of the future proposed concrete
20 sidewalk.
21
22 5. The following requirement of the Fire Marshal shall be -met:
23 a. The proposed parking lot configuration shall meet City Fire Marshal
24 standards for accessibility prior to the issuance of a grading permit.
25
26 6. Any modifications/adjustments made to the existing house as a result of frontage
27 improvements or other changes shall be subject to administrative SPARC review
28 and approval prior to commencement of work. Emphasis should be placed on
29 spacing and species of landscape materials.
30
31 7. All work within a public right-of-way requires an excavation permit from the
32 Department of .Public Works.
33
34 8. In the event the right-of-way dedication to the City crosses any portion of the
35 existing stairway at the front of the house, an encroachment permit for that portion
36 of the stairway projecting into the newly created City right-of-way shall be obtained.
37
38 9. The following operating restrictions shall apply to the use of this site:
Reso. 91-205 N.C.S.
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1 a. Towing service activity on the site shall be strictly limited to the depositing
2 and picking up of vehicles between the hours of 6PM and 8AM. No other
3 activities associated with the maintenance and/or management of the towing
4 service shall be permitted during these hours.
b. Between the hours of 6PM and 8AM, circulation of towing equipment on the
site shall be conducted in such a manner so as not to activate the backing
"signal/noise" associated with commercial delivery vehicles.
10. All vehicles involved in accidents or other driving incidents resulting in or
potentially causing leaking fluids shall be drained of those fluids at the time such
vehicles are deposited on the site.
11. All oils, gases and other potentially toxic material shall be stored and disposed of in
accord with all applicable regulations.
12. A cash bond, in an amount to be determined by the Community Development
Director, shall be submitted within ten (10) days of the granting of the conditional
use permit in order to insure compliance with all improvement conditions.
13. No activities falling under the categories of Automobile Repair-Minor, Automobile
Repair-Major, or Auto Wrecking yards per Section 1-203 of the City Zoning
Ordinance shall be permitted.
14. No vehicles shall be stored on the site for more than 45 days.
15. Construction activities shall comply with applicable Zoning Ordinance and
Municipal Code performance standards (noise, dust, odor, etc.).
16. Recognizing that this project does not directly meet the General Plan definition for
Mixed Use districts, it shall be treated as an interim use and the use permit shall
expire after five (5) years from the date of approval.
Standard Conditions:
17. All plant material shall be served by a City approved automatic underground
irrigation system.
18. All planting shall be maintained in good growing condition. Such maintenance shall
include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash,
fertilizing and regular watering. Whenever necessary, planting shall be replaced
Ewai, 91-205 N.C.S.
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1 with other plant materials to insure continued compliance with applicable
2 landscaping requirements. Required irrigation systems shall be fully maintained in
3 sound operating condition with heads periodically cleaned and replaced when
4 missing to insure continued regular watering of landscape areas, and health and
5 vitality of landscape materials.
6
7 19. All exterior light fixtures shall be shown on plans subject to staff review and
8 approval. All lights attached to buildings shall provide a soft "wash" of light against
9 the wall(s). No light fixtures shall produce direct glare outside the site.
10
11 20. Any outdoor advertising signs shall be submitted for review and approval of SPARC
12 or the Community Development Department. All signs must conform to the Zoning
13 Ordinance and be compatible with the building and surroundings.
14
15 21. All trees shall be a minimum fifteen gallon size (i.e. trunk diameter of at least 3/4
16 inch measured one foot above the ground) and double staked; all shrubs shall be
17 five gallon size. All landscaped areas not improved with lawn shall be protected
18 with atwo-inch deep bark mulch as a temporary measure until the ground cover is
19 established.
20
21 22. This use permit may be recalled to the Planning Commission for review at any time
22 due to complaints regarding traffic congestion, noise generation, or other operating
23 characteristics. At such time, the Commission may repeal the use permit or
24 add/modify conditions of approval.
25
26 resAMtow /council-7
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) ~Ald~v~r~kY~~'e~iaY~meeting,---l-' ,,
on the .._.15_th........... day of .......................July.........................._, 19.91_., by the -_
~~
following vote:
City Atto ey
AYES: Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: Read
ABSENT: None
ATTES'T': ......... .. .. ..... .... .... ...... ........ _....
City Clerk
council File....... 1- 2 0 5
CA 10-85 ~ Rcs. No . .............................. N.C.S.
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