HomeMy WebLinkAboutResolutions 89-245 N.C.S. 08/07/1989resolution No. 89-245 N.C.s.
of tine City of Petaluma, California
DENYING APPEAL OF SPARC ACTION ON
WASHINGTON SQUARE SHOPPING CENTER FENCE,
AP NO. 007-280-73
WHEREAS, on April 27, 1989, Administrative SPARC approval was
granted by the Planning Director allowing construction of a perimeter fence
to be located along the westerly property line of Washington Square Center
adjacent to the Village Properties development subject to four conditions of
approval; and
WHEREAS, an appeal of the Planning Director's decision was
appropriately filed by the applicant, Washington Square Associates, on May
10, 1989, stating objection to each of the conditions of approval imposed;
an d
WHEREAS, upon consideration of all documentation and testimony
submitted on this matter, the Site Plan and Architectural Review Committee,
at a special meeting of its members on June 20, 1989, acted to deny the
appeal with one amendment to the conditions of approval allowing 60 days to
replace any damaged landscaping; and
WHEREAS, a timely appeal of the Site Plan and Architectural Review
Committee decision was filed by the applicant on June 29, 1989, in objection
to the conditions of approval imposed; and,
WHEREAS, the City Council has held a public hearing to consider the
appeal and all previously submitted information, reports, and SPARC
minutes relative to this matter;
NOW THEREFORE BE IT RESOLVED that the Citv Council finds as
follows
1. That the proposed fence, as conditionally approved by SPARC with one
amendment to allow 60 days for replacement of any damaged
landscaping, will meet the requirements of the Zoning Ordinance and
that the Site Plan and Architectural Review Committee acted
appropriately in its decision of June 20, 1989.
2. The proposed fence, as conditionally approved,. will not prevent the
preservation and enjoyment of substantial property rights possessed by
other properties and does not constitute a special privilege of the
applicant not enjoyed by his neighbors.
3. The proposed fence, as conditionally approved, will not be of
substantial detriment to the adjacent properties, and will not materially
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impair the ability of the two properties to service the community
interdependently as a commercial center.
4. The proposed fence, as conditionally approved., will conform to the
requirements and intent of the Zoning Ordinance and Petaluma General
Plan, and will not constitute a nuisance or be detrimental to the public
welfare of the community .
5. The conditions of approval as specified are necessary and appropriate
to ensure the public health, safety, welfare and convenience of the
community .
BE IT FURTHER RESOLVED that the City Council hereby denies the
appeal of Washington Square Associates, thereby leaving all conditions of
approval adopted by SPARC in full effect.
reso.wash.sq. / resol3
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~tlie ~A~ soaved as to
Council of the City of Petaluma at a (Regular) (~[>~erretl)x~~al~ti) meeting
on the ......7.zh ............. day of ....................~u:gus.1<........---............., 19..x.9., by the
following vote:
City Attorney
AYES: Tencer, Woolsey, Balshaw, Davis, Vice Mayor Sobel,
NOES: Cavanagh, Ma r Hilligoss
ABSENT:
ATTEST: .-..~~~~/~~~.~r ............................... ~~j...-~~~.1.,~~
City Clerk
CA 10-85
Mayor
Council File-°-°----° ........................
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