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HomeMy WebLinkAboutResolutions 89-391 N.C.S. 12/11/1989i F. Resolution No. 89-391 N ~.5. 1 of the City of Petaluma, California 2 DENYING APPEAL OF PLANNING COMMISSION ACTION TO 3 DENY AMENDMENT TO USE PERMIT CONDITIONS OF APPROVAL 4 FOR A CARWASH AT 101 MCDOWELL BLVD. NORTH, 5 AP N0.007-340-06 6 .. 7 8 WHEREAS, at its regular meeting of July 26, 1988, the Planning Commission conditionally 9 approved an application from William. Kirsch for a use permit for the addition of a carwash 10 to an existing service station at 101 McDowell Blvd. North; and, 11 12 WHEREAS, a request for amendment to delete Condition #1 pertaining to relocation and 13 modification of existing driveways along McDowell Blvd. North from the adopted use 14 permit conditions of approval for the carwash was subsequently filed by the applicant 15 following expiration of the appeal period for the use permit approval; and, 16 17 WHEREAS, upon consideration of all documentation and testimony submitted on the 18 matter, the Planning Commission at its regular meeting of November 14, 1989, acted to 19 deny without prejudice the amendment request to delete Condition # 1 from the adopted 20 use permit conditions; and, 21 22 WHEREAS, a timely appeal of the Planning Commission decision was filed by the 23 applicant on November 21, 1989 in objection to the Planning Commission action to deny 24 the amendment request; and, 25 26 WHEREAS, the City Council held a public hearing on December 11,1989 to consider the 27 appeal, and all previously submitted information, reports, and Planning Commission 28 minutes relative to this matter; 29 30 NOW, THEREFORE, BE IT RESOLVED that the City Council finds as follows: 31 32 Findin s: 33 34 1. Due to the potential adverse impacts of increased traffic congestion both on-site and 35 at the intersection of McDowell Blvd. and E. Washington Street, the proposal to 36 delete Condition # 1 may constitute a nuisance and/or be detrimental to the public 37 welfare of the community. 38 Ncs. No..... .. .... 1 N C S 89-3.9.1....... .. . 1 2. The proposed amendment to the use permit and conditions of approval may not 2 necessarily be considered a matter of public convenience or public necessity due to 3 the availability of other driveway accesses that can adequately serve the site. 4 5 BE IT FURTHER RESOLVED that the City Council hereby denies the appeal of William 6 Kirsch, thereby upholding the Planning Commission decision to deny the request for 7 amendment to delete Condition # 1 from the adopted conditions attached to approval of a 8 use permit for a carwash at 101 McDowell .Blvd. North. 9 10 BE IT FURTHER RESOLVED that the City Council hereby grants an extension of the 11 use permit approval period for the carwash addition for one year from date of this action, 12 to expire December 11, 1990. 13 14 15 101mcdow /council-1 16 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 ''"~ as t' Council of the City of Petaluma at a (Regular) (Adjourned) e~l~xineeting~ ~ fo on the .--.---l.la~h.....-.. day of .................1Zacembex......._.............-, 19.~3.~.., by the _ following vote: ~.-.... ity Att©rn AYES: Tencer, Woolsey, Balshaw, Vice Mayor Sobel NOES: Davis, Mayor Hilligoss ABSENT: Cavanagh ~~ ` ATTEST: -•--- • .. ...... ........................ .......,..,......-............ lty Clerk Mayor Council File........~ ..............°-....... CA 10-85 ~ Res. No ......... .... N C S 89-39I