HomeMy WebLinkAboutResolutions 88-162 N.C.S. 06/06/19881 :. - -
Resolution No. 88-162 N.C.s.
of the City of Petaluma, California
TAKING ACTION ON APPEAL OF
ZONING ORDINANCE DETERMINATION REGARDING
USE OF PROPERTY BY METCALF AUTO
PARTS AND MACHINE SHOP
WHEREAS, Jane Hamilton, et al. , filed an appeal of the Zoning
Administrator's determination relative to the nature and classification of a
land use proposed to be established in the Highway Commercial Zone at
Second and G Streets in Petaluma by Metcalf Auto Parts and Machine Shop;
and,
WHEREAS, on May 10, 1988, the Planning Commission heard this matter
and after the vote, directed the Zoning Administrator to refer the matter to
the City Council for consideration; and.,
WHEREAS, on June 6, 1988, the Council did receive input from the
Zoning Administrator, the appellants, representatives of the business and
the business proponents, themselves; and,
WHEREAS, after lengthy deliberation of the nature of the proponent's
existing business and planned business, as to the extent of machine shop
activity, including parts sales associated with machine work versus direct
over-the-counter parts sales, the City Council did resolve as follows:
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. An accountant shall be mutually selected by the proponents
(Metcalf) and City Staff to review the gross sales of the proponents'
business for the past six months (December, 1987 through May, 1988) .
2. Said accountant shall be paid by I~letcalf and shall review said
gross sales based upon standards set by City staff .
3. In the event the accountant finds that at least fifty percent (51%)
of the gross sales were "out the door" parts sales, whether retail or
wholesale, which were not directly sold to customers for machine work done
in conjunction with the part sale transaction., then the use shall be deemed
an auto parts store and shall be permitted on the Second and G Street
location.
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4. If it is found that less than fifty-one percent (51$) of gross sales
are not "out the door" parts sales, then the use would be considered a
machine shop and thus not permitted in the Highway Commercial Zone at
said location .
reso.metcalfe
LAW12
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 ~' s to
Council of the City of Petaluma at a (Regular) (ganxi~~x(~~ meeting o~
on the .......6th.-......_.. day of ...................June ........._, 19.88.., by the •
....................
following. vote: • ... ...............•--•----•--.-....-...
Gity Attorney
AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayo illigoss
NOES: ~
-• ~,.
ABSENT: 0
ATTEST: ...................... .......................................................................... ..........-..... . - ..-----•--- •--.._..
City Clerk Mayor
Council FpileQ ....................................
CA 1085 Res. No...V..57.-.~.6~.......... N.C.S.