HomeMy WebLinkAboutResolution 91-075 04/01/1991
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~ZeSOl~tl®Y1 N®. 91-75 ~.C.~.
of the City of Petaluma, California
RESOLUTION UPHOLDING A PORTION OF THE
APPEALS BY FIRESTONE TIRES, INC., AND
WASHINGTON SQUARE ASSOCIATES OF PLANNING
COMMISSION ACTION ON FIRESTONE, INC. CONDITIONAL
USE PERMIT, AP N0.007-280-49
WHEREAS, appeals of the Planning Commission's decision were appropriately filed by
representatives of Firestone Tires, Inc., and Washington Square Associates; and
WHEREAS, the City Council held a public meeting on March 4, 1991 to consider these
appeals and has considered all reports, petitions, plans and testimony presented at this
meeting; and
WHEREAS, the City Council has considered all previously submitted information, reports,
plans, letters, and Planning Commission minutes relative to the appeal regarding the
requested deletion of conditions related to SPARC review of cross-access easements,
Major Facilities Traffic Mitigation fees (Conditions Sa, Sb, Se, 6a, and 12, respectively) and
upgrades in building architecture and landscaping.
25 NOW, THEREFORE, BE IT RESOLVED that the City Council upholds the appeal of
26 Firestone Tires, Inc.,, and Washington Square Associates regarding the cross-access
27 easement between Washington Square and the Wherehouse corner and denies the
28 remainder of the applicant's appeals based upon Planning Commission findings.
29
30 BE IT FURTHER RESOLVED that the City Council hereby approves the conditional use
31 permit based upon the following findings and conditions of approval adopted by the
32 Planning. Commission:
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34
35 Findin s (for mitigated Negative Declaration):
36
37 1. The project, as conditionally approved, does not have the potential to degrade the
38 quality of the environment, substantially reduce the habitat of a fish or wildlife
39 species, cause a fish or wildlife population to drop below self-sustaining levels,
40 threaten to eliminate a plant or animal community, reduce the habitat of a fish or
41 wildlife species, cause a fish or wildlife population to drop below self-sustaining
42 levels, threaten to eliminate a plant or animal community, reduce the number or
Rcs. No. ....p.l ~. rf. ~~, ._........ N.C.S.
restrict the range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehistory.
2. The project, as conditionally approved, does not have the potential to achieve short-
term to the disadvantage of long-term, environmental goals.
3. The project, as conditionally approved, does not have impacts which are individually
limited, but cumulatively considerable.
4. The project, as conditionally approved, does not have environmental effects which
will cause substantial adverse effects on human beings, either directly or indirectly.
5. The project, as conditionally approved, is consistent with and further promotes the
objectives, goals, and policies of the General Plan.
Findings (for conditional use permit):
1. The proposed use, subject to the conditions of approval, conforms to the intent and
requirements of the Zoning Ordinance and the General Plan.
2. This project will not constitute a nuisance or be detrimental to the public welfare of
the community due to the mitigation measures incorporated in the conditions of
approval.
Conditions:
1. All requirements of the Fire Marshal shall be complied with, including:
a. Provide one fire extinguisher 4A-40 B C dry chemical type for each 3,000
square feet of floor space.
b. Building shall be protected by an automatic fire extinguishing system as
required by Section 10.306A of the 1988 Edition of the Uniform Fire Code.
c. Permit required from Fire Marshal's Office for sprinkler system alteration
prior to work being started. Two sets of plans are required.
d. Post address at or near main entry door -minimum two inch letters.
e. Any building or portion of a building used for high pile storage shall conform
to Article 81 of the 1988 Edition of the Uniform Fire Code, including smoke
removal, venting and Fire Department access to building.
f. Storage shall be maintained a minimum of eighteen (18) inches below
sprinkler heads.
g. Provide absorbent material, containment drain and proper tools for handling
spills.
h. Provide KNOX box for key control located on building as required by the
Fire Marshal.
Reso. 91-75 N.C.S.
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i. No extension cords. All equipment and appliances shall be direct plug-in.
j. Provide metal or flame retardant plastic waste cans.
k. Provide electrical conduit from post indicator valve to alarm panel location
for tamper switch as underground is being installed.
1. Check valve in Fire Department connection to be installed above grade.
m. Two inch clearance shall be provided around fire sprinkler lateral and riser
at foundation and floor slab.
n. Exiting: exit ways, exit doors shall conform to 1988 Edition of the Uniform
Fire Code and Uniform Building Code.
o. Provide detail for double containment of hazardous materials showing
proposed location for containment.
p. Hazardous Materials Storage declaration Form shall be completed for all
materials stored on premises and returned to the Fire Marshal's Office.
q. Sprinkler system shall be designed for an Ordinary Hazard Group 3.
2. All requirements of the Building division shall be complied with, including:
a. Certify pad elevations before building slab on-grade is poured.
b. Soils with expansion index greater than 20 requires special design foundation
per Uniform Building Code 2904(b).
c. Show site drainage and grading topography.
d. Indicate all utilities on site plan.
e. Verify utilities are adequate for building (i.e., size of water, electrical and gas
service and size of sewer).
f. Responsible party to sign plans.
g. Submit soils report to verify foundation design.
h. Indicate group occupancy, type of construction, square footage.
3. Prior to occupancy, an Air Permit shall be obtained from the Bay Area Air Quality
Management District (BAAQMD) or proof provided to city staff that an Air Permit
is not required.
4. Any requirements imposed by Envirotech Operating Systems shall be complied with
in the time frame specified by that agency.
5. This project shall be subject to review by the Site Plan and Architectural Review
Committee, including but not limited to emphasis on the following:
Reso. 91-75 N.C.S.
3
a. Architecture shall be redesigned and substantially upgraded to provide a
quality of design and visual interest equivalent to or exceeding the
neighboring Wherehouse Records development.
b. The landscape plan shall be revised to provide richer landscaping along
McDowell; street trees averaging no less than 25 feet on center; landscaping
against the building wherever feasible; and plantings to help screen the
loading area. Existing landscaping within the Washington Square Shopping
Center shall be upgraded, at least in the vicinity of the proposed Firestone
facility. Any mature trees to be removed through project development or
driveway relocation shall be replaced at a ratio of two new trees for each tree
removed.
c. Signs shall comply with all provisions of the City Sign Ordinance and the
Washington Square Sign Program. Afree-standing sign will not be approved.
d. Exterior building materials and colors; trash enclosure exterior design; and
screening of rooftop mechanical equipment shall be evaluated by SPARC.
e. If necessary, building square footage or setbacks to be adjusted to address
visual impact to McDowell Boulevard.
6. Prior to issuance of a building permit, cross-over access and parking easements
between the Firestone site and Washington Square shall be executed or proof of
existing easements provided to staff.
7. Under this use permit, only those auto repair services falling under the Zoning
Ordinance definition of Minor Auto Repair shall be allowed.
8. At no time shall future business activities exceed Performance Standards specified
in the Uniform Building Code, Section 22-301 of the Petaluma Zoning Ordinance,
and the 1987 General Plan.
9. No storage or display of any type shall take place outdoors. Used tires shall not be
stored in the trash enclosure.
10. This use permit may be recalled to the Planning Commission/Planning Director at
any time due to complaints regarding objectionable operating characteristics. At
such time, the Commission/Director may add or modify conditions of approval.
11. All work within a public right-of-way requires an excavation permit from the
Department of Public Works.
12. Major Traffic Facilities Improvement Fees: The project sponsor shall, prior to
issuance of a building hermit, pay a fee of $50.00 per daily tnp end estimated to be
generated by said project. Trip generation figures shall be as determined by the
City Engineer. If the City establishes a Major Facilities Traffic Mitigation fee prior
to issuance of a building permit, the fee for said project shall thereinafter by the
Major Facilities Traffic Mitigation Fee.
13. In addition to Major Facilities Traffic Mitigation, the following fees will be
applicable to this project: Community Facilities Development and. Storm Drainage
Impact.
Reso. 91-75 N.C.S.
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14. No temporary banners shall be utilized on the McDowell Boulevard frontage of this
site.
resFire /council-5
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'` Y Appr ed as
Council of the City of Petaluma at a (Regular) ~j~i~in~~'p~al~ meeting _ ,/'--~~
on the .__18.th............ day of .............M.al:Ckl................................., 19.91._., by the ~---- -
following vote:
i y; Attorn
AYES: Read, Davis, Woolsey, Vice Mayor Cavanagh, Sobel, .Nelson
N01JS: N
ABSENT:
ATTEST:
City Clerk
CA 10-85
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Res. No...........~.~.-.7.5..... N.C.S