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HomeMy WebLinkAboutResolution 90-042 N.C.S. 02/05/1990r ' `'- ReSOllltiOrl N®. 90-42 N:I~.J. 1 of the City of Petaluma, California 2 UPI-IOLDING APPEAL OF PLANNING COMMISSION ACTION ON 3 VAN BEBBER BROS. CONDITIONAL USE PERMIT, 4 AP N0.008-194-04 5 C 7 WHEREAS, on October 24, 1989, Planning Commission approval was granted for a 8 conditional use permit to allow an existing steel fabrication facility and 7,000 sq. ft. 9 warehouse addition; and 10 11 WHEREAS, an appeal of the Planning Commission's decision was appropriately filed on 12 November 6, 1989 by Jane Hamilton stating objection to granting of this conditional use 13 permit based on the Planning Commission's decision to not require an open 14 space/pedestrian easement along the Petaluma River; and 15 16 WHEREAS, the City Council has held public hearings on December 4, 1989, January 2, 17 1990, and February 5, 1990 to consider this appeal and consider all reports, agency 1.8 comments and testimony presented at these meetings; and 19 20 WHEREAS, the City Council by this action is not abdicating its authority to require 21 dedication of public access easements for future river front projects; and 22 23 WHEREAS, by this action on this project the City Council does not intend to make a legal 24 determination of the City's right to require dedication of public access easements for river 2~ front projects; and ~~ 27 WHEREAS, the City Council by this action does not imply that its decision is precedent 28 setting because of the special circumstances surrounding this application.; and 29 30 WHEREAS, the City Council does not intend to cause delay in construction on this 31 property for an indefinite period; anal 32 33 WHEREAS, State Lands has indicated that they believe the new construction is located on 34 privately owned land, subject to a public trust easement retained by the State and a State 35 Lands Commission permit is not necessary for construction; and 36 1 H~~S. N~......9.p.-.4.2.......... ~ ~,s. r. WHEREAS, State Lands has indicated that improvements along the current shore occupy lands owned by the State in fee and therefore the requirement for an easement may not be necessary for future public access; NOW, THEREFORE, BE IT .RESOLVED that the City Council hereby upholds the appeal of Jane Hamilton; and BE IT FURTHER RESOLVED THAT all conditions of approval adopted by the Planning Commission shall remain in full effect, incorporating the addition of Condition No. 1, as follows: 1. The City of Petaluma agrees to develop a Petaluma River Enhancement/Access Plan including the project parcel. The plan will include, among other topics, alternatives for .providing public access and discuss the issues of liability, maintenance, erosion, revegetation and path design. The property owner agrees to take part in the preparation of said plan. The property owner agrees to record anon-development easement, subject to City review and approval, that prohibits development within 25 feet of the top of the bank of the Petaluma River. The easement location may taper and/or be shifted to not encompass existing buildings. If it is later determined that the City has or had at this time a right to require dedication of an open space/pedestrian access and river maintenance easement as a condition of this Conditional Use Permit, then the property owner shall dedicate and deed to the City an open space/pedestrian access and river maintenance easement across and upon the land in the location of the non-development easement described herein. 2. This project activity shall substantially conform to the approved project description provided in the staff report dated September 26, 1989. Minor revisions which do not increase project impacts may be approved by the Community Development Director. 3. All broken public curb, gutters, and sidewalks shall be repaired prior to the issuance of building permits, subject to the approval of the City Engineer. 2 Reso. 90-42 NCS 4. Building plans shall be signed by responsible party, subject to the approval of the Chief Building Inspector. 5. The following requirements shall be met, subject to Fire Marshal approval: a. Building shall be protected by an automatic fire extinguishing system as required by Section 10.308A of the 1985 Edition of the Uniform Fire Code. b. Permit required from Fire Marshal's office for sprinkler system alteration prior to work being started. Two sets of plans are required. c. Provide KNOX box for key control located on building as required by the Fire Marshal. d. Provide electrical conduit from fire sprinkler post indicator valve to alarm panel location for tamper switch as underground is being installed. e. Check valve in Fire Department connection to be installed above grade. f. Two inch clearance shall be provided around fire sprinkler lateral and riser at foundation and floor .slab. g. Any building or portion of a building used for high pile storage shall conform to Article 81 of the 1985 Edition of the Uniform Fire Code, including smoke removal, venting, and Fire Department access to building. h. Keep storage eighteen (18) inches under sprinkler heads in warehouse area. i. Provide fire extinguisher 2A rated A B C dry chemical type as required by the Fire Marshal. j. Permit required from Fire Marshal's office prior to installation of fire extinguishing system. k. On-site hydrant shall be located as marked on site plan. 3 Reso. 90-42 NCS 6. In the event prehistoric or historic period materials are encountered, work in the immediate vicinity of the find shall be halted until they can be evaluated. by a qualified archaeologist. Buried prehistoric archaeological materials might include obsidian and chert flakes and tools, groundstone tools, thermally altered rock, dictary remains of shell or bone, human .graves, and locally darkened trash. Historic materials might include backfilled privies or trash pits containing square nails and ceramics or glass, structural remains or foundations, and human graves. The archaeological recommendations shall be subject to staff review and approval. 7. Prior to the issuance of a building permit, clearance shall be provided from the State Lands Commission, to City staff satisfaction. 8. This use shall comply with Article 22 of the Zoning Ordinance, Performance Standards. 9. In the event demolition is proposed for the building in the northeast corner of the site labeled "Petaluma Yacht Club", prior to the issuance of a demolition permit, the Yacht Club and the Petaluma Museum Association shall be contacted and given an opportunity to inspect the building, photograph it, and retain any historic articles. 10. Prior to the issuance of a building permit, revised plans shall be submitted for SPARC review and approval. In addition to the standard areas of SPARC review, review shall focus on the following areas: a. Minor architectural touches shall be considered for SPARC review of the addition and/or the long expanse containing the existing and proposed building shall be enhanced through the use of accent color(s), such as painting the roll-up doors. b. A landscape plan/site plan shall be submitted for SPARC review and approval which includes the following: 1. Native vegetation (trees), such as oak or willow, shall be provided along the river. Plans shall include proposed location, type and spacing. (Tree spacing may be varied due to existing development and boat building activities). 4 Reso. 90-42 NCS 1 2 2. An approximately ten foot wide landscape strip including evergreens 3 provided along the west property line (north of the chain link fence). 4 Species, size and spacing shall be identified. 5 6 3. Additional landscaping provided along the parking lot frontage on 7 Petaluma Boulevard South, as indicated on site plan. Species, size 8 and spacing shall be indicated. 9 10 4. Relocation of the trash dumpster from the parking lot on Petaluma 11 Boulevard South to a location where it will not be visible from the 12 street, or a trash enclosure to City standards provided. SPARC review 13 will include screening of outdoor storage/work areas visible from 14 Petaluma Boulevard North. 15 16 5. Existing chain link fence in rear of parking lot provided with slats. 17 Slats or landscaping provided as screen on west property line fence 18 along Foundry Wharf and single-family residence. 19 20 11. General clean-up of outdoor portions of the site shall occur prior to the issuance of 21 a building permit. Indoor storage of materials and supplies shall occur to the 22 maximum extent practicable. All material not incidental to ship building shall be 23 removed from rear portions of the site. 24 25 26 bebber ~ council 27 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 ,,,,.App ., `as ~ts~-~-. Council of the City of Petaluma at a (Regular) (Alal}~g[~) meetin$'"~y.- fO~ i , on the S.zkl .................. day of ..._.....F.eb ruary..............---............, 19_.9.D., by the `., following vote: '~ y i y Attoiney AYES: Tencer, Woolsey, Balshaw, Davis NOES: Vice Mayor ~ el, Mayor Hilligoss ABSENT: ava ~ ~'Q~Q _~ - ' e'Y/ ATTEST- -- -- - - -- ------= --- ----- ......-........... ................. ....._. _...........-..-...----- ... ... ..-...............---••-----.. City Clerk - Mayor Council File ....... ......................... CA 10-85 ~ Res. No.......g O - 4~......... N.C.S.