HomeMy WebLinkAboutResolution 90-138 04/30/1990c:~\word5\reso.doc FZeSOlUt10Y1 N®. so-138 l~,C,s,
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of the City of Petaluma, California
1
2
3 A RESOL~JTION OF THE CITY COi7NCIL OF TIIE CITY OF PETALIl11~A
4 I3ENYING TIIE APPEAL OF TIIE PLANNING COIVIA~IISSION ACTION
5 ON ~lA1V BEBBER BROS. CONDITIONAL iJSE PERA~IIT, APN OOS-194-04
6
7
8
9 WHEREAS, on October 24, 1989, Planning Commission approval was granted for a
10 conditional use permit to allow an existing steel fabrication facility and 7,000 sq. ft..
11 warehouse addition; and
12
13 WHEREAS, an appeal of the Planning Commission's decision was appropriately
14 filed on November 6, 1989 by Jane Hamilton stating objection to granting of this
15 conditional use permit based on the Planning Commission's decision to not require an
16 open space /pedestrian easement along the Petaluma River; and
17
18 WHEREAS, the Council has held public hearings on December 4, 1989, January 2,
19 1990, February 5, 1990 and April 30, 1990 to consider this appeal and consider all reports,
20 agency comments and testimony presented at these meetings; and
21
22 WHEREAS, the City Council by this action is not abdicating its authority to require
23 dedication of public access easements for future river front projects; and
24
25 WHEREAS, by this action on this project, the City Council does not intend to make
26 a legal determination of the City's right to require dedication of public access easements
27 for river front projects; and
28
29 WHEREAS, the City Council by this action does not imply that its decision is
30 precedent setting because of the special circumstances surrounding this application; and
31
32 WHEREAS, the City Council does not intend to cause delay in construction on this
33 property for an indefinite period; and
34
35 WHEREAS, State Lands has indicated that they believe the new construction is
36 located on privately owned land, subject to a public trust easement retained by the State
37 and a State Lands Commission permit is not necessary for construction; and
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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; and
WHEREAS, further review and research indicates that there exist other methods of
obtaining a public access easement for future river front projects when such a project is
developed;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the
appeal of Jane Hamilton; and
BE IT FURTHER RESOLVED that Resolution No. 90-42 N.C.S. is hereby
rescinded; 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.
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.
4. Building plans shall be signed by responsible party, subject to the approval of
the Chief Building Inspector.
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90-138 N.C.S.
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 to Section 10.308A of the 1985 Edition, Uniform Fire
Code.
b. Permit require from Fire Marshal's office for sprinkler system
alteration prior to work begin 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, 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.
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90-138 N.C.S.
k On-site hydrant shall be located as marked on site plan.
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 tolls, groundstone tools,
thermally altered rock, dietary 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:
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Reso. 138 N.C.S.
1 1. Native vegetation (trees), such as oak or willow, shall be
2 provided along the river. Plans shall include proposed
3 location, type and spacing. (Tree spacing may be varied due to
4 existing development and boat building activities.)
5
6 2. An approximately ten-foot wide landscape strip including
7 evergreens provided along the west property line (north of the
g chain link fence). Species, size and spacing shall be identified.
9
10 3. Additional landscape provided along the parking lot frontage
11 on Petaluma Boulevard South, as indicated on site plan.
12 Species, size and spacing shall be indicated.
13
14 4. Relocation of the trash dumpster from the parking lot on
15 Petaluma Boulevard South to a location where it will not be
lb visible from the street, or a trash enclosure to City standards
17 provided. SPARC review will include screening of outdoor
18 storage /work areas visible from Petaluma Boulevard South.
19
20 5. Existing chain link fence in rear of parking lot provided with
21 slats. Slats or landscaping provided as screen on west property
22 line fence along Foundry Wharf and single-family residence.
23
24 11. General clean-up of outdoor portions of the site shall occur prior to the
25 issuance of a building permit. Indoor storage of materials and supplies shall occur to the
26 maximum extent practicable. All material not incidental to ship building shall be removed
27 from rear portions of the site.
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) (Adjourned) Qf~i~~~ meeting "`
on the ...30th---._.-..... day of ...............E~~21:1.).................................., 19-.9.Q., by the (t
following vote: ....----- •~ - -r---------_----•-•---
City Attorney
AYES: Tencer, Cavanagh, Vice Mayor Sobel, Mayor Hilligoss, Woolsey, Balshaw, Davis
NOES: ~
ABSENT: ~
ATTEST : ~,1...... 4~'..~,.~-~ ~" ' . ~y`-'~"`'~ .. ~o f 5
City Clerk
Council File----°.-°-° .......................
cA io-s5 ties. N~...90.-13.8.......... N.cs.