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HomeMy WebLinkAboutResolution 90-422 12/17/1990s 1 2 3 4 5 Resolution No. 90-422 N ~,~, of the City of Petaluma, California RESOL>IJTION ><JPI-IOLDING APPEAL OF PLANNING COMMISSION DENIAL OF A CARWASH FACILITY AT 900 PETALiTMA I~OULEVARD NORTH (SHELL OIL COMPANY) 6 WHEREAS, Urban Planning Associates, on behalf of the property owner, requested 7 approval of a conditional use permit to allow a carwash facility in conjunction with a 8 remodel of an existing service station at 900 Petaluma Blvd. North, Sonoma County 9 Assessor's Parcel Number 150-011-05; and, 10 11 WHEREAS, the Planning Commission considered the application during a public hearing 12 on September 11, 1990, at which time the conditional use permit was denied based on 13 specific findings; and 14 15 WHEREAS, the applicants appealed the decision to deny the use permit in accordance 16 with applicable provisions of the Zoning Ordinance (No. 1072 N.C.S.); and 17 18 WHEREAS, the appeal was considered by the City Council on December 17, 1990, during 19 which time public testimony was heard and considered prior to the Council rendering its 20 decision; 21 22 NOW, THEREFORE, BE TT RESOLVED that the City Council finds as follows: 23 24 Findings: 25 1. The proposed use, subject to the conditions of approval, conforms to the intent and 26 requirements of the Zoning Ordinance and the General Plan. 27 28 2. This project, subject to the conditions of approval, will not constitute a nuisance or 29 be detrimental to the public welfare of the community due to the mitigation 30 measures incorporated in the conditions of approval. 31 32 BE IT FURTHER RESOLVED that the project shall be subject to conditions of approval 33 as follows: 34 35 Conditions: 36 1. Approval of this project is contingent upon approval of the associated zoning text 37 amendment deleting references to chain conveyors and blowers. 38 Reso. 90-422 N.C.S. f2es. No ...............~.............. N.C.S. 2. All requirements of the City Traffic Engineer shall be complied with, including: a. The project shall provide stacking space for six passenger vehicles prior to the carwash facility (i.e., at the carwash entrance). Vehicle queueing area shall not conflict with other on-site circulation needs. The necessary vehicle stacking lane prior to the carwash may result in a loss of on-site parking. On- site circulation shall be reviewed by the City Traffic Engineer, prior to issuance of a building permit. b. The project. access driveway onto Petaluma Boulevard North shall be located 25 feet northerly of the curb return to provide adequate vehicle turn movements from the carwash exit lane. The final driveway design shall be subject to review by the City Engineer, prior to issuance of a building permit. c. The project applicant shall contribute a fair share contribution to proposed traffic signal improvements at the intersection of Petaluma Boulevard North and Magnolia/Payran based upon increased PM peak hour trip generation. d. Cross-over easements between this site and the adjacent shopping center site (common east/west property line) shall be granted upon request by the City (pending consent of the shopping center property owner). A written agreement shall be filed with the City prior to issuance of a building permit which stipulates that Shell will grant said easement and install site improvements relative to easement upon demand by the City. All are subject to staff review and approval. e. Project applicant shall make efforts to insure that delivery of petroleum products shall be prohibited during the peak traffic hours of 10 AM to 6 PM. f. Carwash operation shall be fully automated with no ancillary manual services offered (i.e., no towel drying, waxing, vacuuming, etc.). Reso. 90-422 N.C.S. 2 3. All requirements of the Engineering Department shall be complied with, including: a. Handicap ramps to City Standards shall be provided at the intersection of Petaluma Boulevard and Payran Street (location shown on plans must be adjusted). b. The portion of the lot which includes "public" improvements (corner) shall be dedicated to the City as public right-of-way. 4. This project shall be subject to SPARC review, with particular emphasis on the following: a. Architecture shall be substantially upgraded. b. The Spanish-style the roof shall be eliminated. c. Landscaping shall be selected to maximize softening of the building. d. Signs shall comply with. all provisions of the City Sign Ordinance (maximum permitted aggregate sign area is 70.5 sq. ft.). e. Handicap space shall be designed to accommodate side-loading handicap vehicles, subject to staff review and approval. f. Adequacy of revised parking, stacking aisle, and circulation shall be evaluated. 5. A minimum of four on-site parking spaces shall be provided in addition to those adjacent to pump islands. 6. 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. Reso. 90-422 N.C.S. 3 7. Retail sales shall be limited to vending machines, products such as oil and sundries (candy, cigarettes, etc.) purchased at the cashier window. Sale of alcohol products is prohibited. 8. No storage of any type shall take place outdoors. 9. This use permit may be recalled to the Planning Commission/Planning Director at any time due to complaints regarding noise generation or other objectionable operating characteristics. At such time, the Commission/Director may add modified conditions of approval. 10. All work within a public right-of-way requires an excavation permit from the Department of Public Works. 11. Major Traffic Facilities Improvement Fees: The project sponsor shall, prior to issuance of a building permit, pay a fee of $50.00 per daily trip end estimated to be generated by said project (expansion only). Trip generation figures shall be as determined by the City Engineer and shall be based on PM peak hour trip generation. If the City establishes a Major Facilities Traffic Mitigation fee prior to issuance of a building permit, the fee for said project shall thereinafter be the major facilities traffic mitigation fee. 12. All requirements of the Fire Marshal shall be complied with, including: a. Project shall comply with all UBC and UFC requirements. 13. In addition to Major Facilities Traffic Mitigation, the following fees may be applicable to this project: Community Facilities Development and Storm Drainage Impact. 14. No parking lot vendors (i.e., no sales of "laser art", velvet paintings, tools, etc.) shall be permitted. Portable or moveable display racks shall only be allowed with prior written staff approval. Reso. 90-422 N.C..S. 4 1 BE IF FURTHER RESOLVED that the City Council of the City of Petaluma upholds the 2 appeal of Urban Planning Associates, thereby reversing the decision of the Planning 3 Commission. 4 5 BE IT FURTHER RESOLVED that the City Council finds that the requirements of 6 California Environmental Quality Act Guidelines, Section 15083, have been satisfied and 7 hereby incorporate by reference the Mitigated. Negative Declaration adopted by 8 Resolution 90-421 N.C.S. on December 17, 1990. 9 10 11 12 13 resShell/council-4 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) (~}~~~~~~~ meeting fO~ on the ..-•----17•th...•... day of ...........~.~~~IXIb~S._• ....................... 19.90., by the following vote: -••-•--••----....--_-••-•-- City Attorney AYES: Balshaw, Sobel, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: Davis, Woolsey. ABSENT: ~ ~ Clerk Mayor Gbuncil File----- -----------•--°°-----•--.. CA IO-85 Res. No..........~. ~.-G~.`~,.°x?,... N.C.S.