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HomeMy WebLinkAboutResolution 89-004 N.C.S. 01/09/1989R~SOIUtIOrl No. 89-04 N.C.S. of the City of Petaluma, California RESOLUTION UPHOLDING APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT FOR KWIK STOP CONVENIENCE MARKET WHEREAS, Ken Porter requested approval of a conditional use permit to allow a convenience market (Kwik Stop) at 860 Petaluma Boulevard North in the Cherry Valley Center (formerly Payran Plaza) , Sonoma. County Assessor's Parcel Number 006-050-77; and, WHEREAS, the Planning Commission considered the application during a public hearing on November 8, 1988, at which time the conditional use permit was denied based on specific findings; and, WHEREAS, the applicant appealed the decision to deny the conditional use permit in accordance with applicable provisons of the Zoning Ordinance (No. 1072 N. C.S.); and, WHEREAS, the appeal was considered by the City Council on December 19, 1988, during which time public testimony was heard and considered prior to the Council rendering its decision; NOW, THEREFORE, BE IT RESOLVED that the City Council approves the conditional use permit for a 2500 square foot convenience market at 860 Petaluma Boulevard North, based on the following findings and subject to the following conditions: Fin dings 1. The proposed use, subject to the conditions of approval, conforms to the intent and requirements of the Zoning Ordinance and the General Plan . 2. This use will not constitute a nuisance or be detrimental to the public welfare of the community due to the mitigation measures incorporated in the conditions of approval. C'.nn tiitinn c 1. Prior to commencement of the convenience market use, the mitigation measures recommended by the traffic studies, by the City Traffic Engineer and by Planning staff, shall be implemented to the satisfaction of the City Engineer: 1 ~z~~5. No....g.g....~4........... h.cs. (from DKS Traffic Study) A. Provide at least 5 bicycle parking spaces conveniently located near the Kwik Stop market. The convenience market can be expected to attract a fair number of teenagers, many of whom may travel by bicycle. If more than 3 video machines are to be in the market, the need for additional parking spaces should be re-evaluated. (from Allan Tilton Traffic Study dated October, 1988) B . The project access driveway onto Petaluma Boulevard North will need to be signed "RIGHT TURN ONLY" . This mitigation measure will provide additional direction to motorists exiting onto Petaluma Boulevard North. C. Installation of separate left turn signal phases for eastbound traffic on Magnolia Avenue and westbound traffic on Payran Street will improve intersection performance. This mitigation measure will improve performance at the intersection and will reduce vehicle delay by 6 seconds from 29.8 seconds of delay to 23.8 seconds of delay. The level of service (LOS) will improve from level-of-service D to level-of-service C as a result of this mitigation measure (intersection LOS "D" is anticipated as a long-term cumulative impact) . D. A commercial loading zone will nee Street adjacent to the propose mitigation measure will facilitate Kwik-Stop Market and will reduce delivery vehicles to double park area. (from City Traffic Engineer) E. Applicant shall share the City is currently controller, controller Petaluma Boulevard contributions will be Traffic Engineer. (from the Planning Department) d to be established on Payran d Kwik-Stop Market. This commercial deliveries to the the potential for commercial within the customer parking in the cost of the entire upgrading efforts undertaking for this intersection i.e. , new cabinet and traffic signal coordination along North. The fees and proportionate determined by the City Engineer and City F. The barricade and culvert located just east of the most eastern) Payran Street driveway .shall be relocated and/or redesigned to create an acceleration lane movement onto Payran Street, subject to review and approval of City Staff. G. Pavement markings for the transition from two- to one-lane eastbound traffic on Payran shall- be provided, subject to the approval of City staff. 2 2. This use permit shall be subject to review after a trial period of one year at which time neighbors within 300 feet will be notified. The Police Department and all other concerned agencies will be given the opportunity to add or modify conditions at that time. 3. Any more than 3 video/amusement games is considered an arcade and will require a separate use permit. 4. No permanent or portable display racks shall be permitted on the exterior walkways or grounds; no parking lot vendors (i.e., no sales of "laser art", velvet paintings, tools, etc.) 5. No signs shall be erected prior to issuance of a sign permit. All signing must conform to to the approved sign program for the center. 6. If the proposed walk-in cooler is to have exterior condensors installed, condensors shall be enclosed by sound reducing structures subject to review and approval of staff and shall be visually screened as required. 7. Any requirements imposed by the City Fire Marshal and the Chief Building Inspector shall be adhered to. 8. This use permit may be recalled to the Planning Commission for review at any time due to complaints regarding traffic congestion, noise generation, or other potentially objectionable operating characteristics. At such times, the Commission may revoke the use permit or add/modify conditions of approval. 9. There shall be no open storage of equipment, materials, trash, litter, or packaging. 10. All trash bins and/or garbage cans shall be fully contained and screened, subject to determination by staff. 11. There shall be no inside or outside seating for the consumption of food or beverages. 12. Major Facilities Traffic Mitigation fees shall be applicable at $50.00 per trip end of new trip ends generated by the use (as detemined by the October, 1988 study by Allan Tilton). 13. A plan for daily litter collection shall be submitted for staff review and approval prior to occupancy. Said plan shall insure that an accumulation of on- and off-site litter does not occur (i.e., trash cans near entrance, adequate frequency of refuse pick-up, etc) . Plan shall be subject to revisions by staff at any time as deemed necessary. 14. As proposed, hours of operation will be 6:00 a. m. to Midnight weekdays, 6:00 a.m. to 2 a.m. weekends. 3 SE IT FURTHER RESOLVED that the City Council of the City of Petaluma upholds the appeal of Ken Porter thereby reversing the decision of the Planning Commission. BE IT FURTHER RESOLVED that the City Council finds that the requirements of California Environmental Quality Act Guidelines, Section 15083, have been satisfied and hereby incorporate by reference the Negative Declaration adopted by Resolution 89-03 N.C.S. reso.kwik.stop/resol0 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (A~ot~ex~~~d) meeting ° on the ...9th ................ day of ............._...fanuar.~_......................., ls..$.9., by the r- following vote: ........ ............................. ity Attorney AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice riayor Davis NOES: 0 / ~ ABSENT: Ma or Hi o .._ ATTEST : .............................. ........... ................................................... ...._.............-------....~......................_..........----.. City Clerk 4 y r!~ ~ v Council File .................................... CA 10-85 ~ Rcs. No...8.9.r.0~ ............. N.C.S.