HomeMy WebLinkAboutResolutions 89-294 N.C.S. 09/18/1989
resolution No. 89-294 N.C.s.
of the City of Petaluma, California
RESOLUTION UPHOLDING APPEAL OF PLANNING COMMISSION
APPROVAL OF JET GAS USE PERMIT AMENDMENT TO ALLOW
BEER AND WINE SALES
WHEREAS, Kayo Oil Company requested approval of a conditional use permit
amendment to allow beer and wine sales at 2601 Lakeville Highway (Jet
Gas), Sonoma County Assessor's Parcel No. 005-040-06; and,
WHEREAS, the Planning Commission considered the application during a
public hearing on July 11, 1989, at which time the conditional use permit
was granted based on specific findings and subject to certain conditions;
and,
WHEREAS, a concerned citizen appealed the decision to approve the use
permit in accordance with applicable provisions of the Zoning Ordinance
(No. 1072 N.C.S.); and,
WHEREAS, the appeal was considered by the City Council on August 21 and
September 18, 1989, during which time public testimony was heard and
considered prior to the Council rendering its decision; and,
WHEREAS , the higher than average collision rate (1 / 3 more than State
average) on Lakeville Highway; the traffic counts in this stretch of roadway
(24,500 vehicles per day); the additional turning movements that would be
generated by persons stopping solely for beer or wine purchases; the
citizen turnout at the hearing and individual contact with Councilmembers
all expressing opposition to issuance of the proposed use permit; the
proximity to Casa Grande High. School; the inconsistencies with the General
Plan; the increased parking requirements for the additional retail business;
inadequate room for circulation;. and the original use permit prohibition of
beer and wine sales, were cited by the Council as problems with the
granted use permit amendment;
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NOW, THEREFORE, BE IT RESOLVED that the City Council finds as
follows
1. That the proposed amendment may constitute a nuisance or be
detrimental to the public welfare of the community due to an increased
propensity for alcohol-related incidents involving vehicles; and
2. The proposed amendment is inconsistent with the goals and policies of
the General Plan; and
3. The proposed amendment may increase the potential for traffic and
safety impacts due to the existing collision rate and traffic volumes in
the vicinity; and
4. Since there are no other establishments in the City which sell: ~alcohol
and gasoline concurrently, the community standard regarding drinking
and driving does not support the amendment.
BE IT FURTHER RESOLVED that the City Council of the City of Petaluma
upholds the appeal of the use permit approval thereby reversing the
decision of the Planning Commission.
reso.jet. gas/resol2
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•"" A ove_d as to
Council of the City of Petaluma at a (Regular) k[et~x(7~~~iad) mee~mg `~_~ ~
on the ....-1.8.k1a-......... day of ...............S~~t.embex....................., 19.$.9., by the ~"~
following vote.: ' ~
t~ ttorn y
AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: ~
ABSENT:. p
~~ -*- _. ( ,
ATTEST: ........ ~,(~
City Clerk Mayor
Gbuncil Filep ...................................
CA 10-85 ~ Res. No...~.7.-.29.4.......... N.C.S.