HomeMy WebLinkAboutResolutions 85-213 N.C.S. 07/01/1985l~esolution No. s 5-2, ,~ N. C. S.
of the City of Petaluma, California
RESOLUTION UPHOLDING APPEAL OF PLANNING COMMISSION
DETERMINATION OF THE NATURE OF THE CONVERSION OF
CHEVKON USA, 4999 PETALUMA BOULEVARD NORTH
WHEREAS, on May 14, 1985, the Planning Cornmission considered an
application by Chevron USA to convert the existing full service station
(including auto rnobile repair bays) located at 4999 Petaluma Boulevard
North, Sonoma County Assessor's Parcel No. 007-422-32, to a self-service
station with 264 square foot convenience market arid;
WHEREAS, the existing service station is a pre-existing non-conforming use
in the Floodway Zone District in which it is located; and
WHEREAS, Zoning Ordinance Section 25-402 restricts the change of one
non-conforming use to another non-conforming use ~ to those new uses which
are "of the same or of a more restricted nature" as the original use, and;
WHEREAS, on June 3, 1985, Ghevron USA appealed the Planning
Commission's determination that the proposed use is not of the same or more
restrictive nature as the current use, and;
WHEREAS, the City Council considered the appeal and all evidence
pertaining thereto on July 1, 1985; ~
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby upholds
the. appeal of Chevron USA, and;
° BE IT FURTHER RE80LVED that the City Council makes the following
findings with "regard to the appeal:
Findimgs :
1: The. proposed structure and use, as conditionally approved, conforms
to the requirements and intent of the Petaluma Zoning Ordinance and
. Reso. 85-213 NCS 1 of 4
General Plan/EDP because it results in less obstruction and debris in
the Floodway area.
2. The proposed use, as conditionally approved, will not under any
circumstances constitute a nuisance or be detrimental to the public
welfare of the community.
3. The proposed modifications are categorically exempt from environmental
review pursuant to California Environmental review pursuant to
California Environmental Quality Act Sections 15301 (existing
Facilities) , 15302 (reconstruction) , and 15305 (Minor Alterations in
Land Use Limitations) because of the similarity in use and reduction of
building area in a Floodway zone.
4. No significant adverse impacts are associated with the change in use
and structure as conditionally approved.
5. The proposed self-service station with 264 square foot convenience
market is a different use from the existing full service station,
6. The proposed use is of a more restrictive nature overall because there
is less building area, less materials and equipment which may may
prove hazardous in event of a flood, less fencing which may catch
debris and obstruct floodwater flow, and less parking of automobiles
for extended periods.
rnn~i+inn c •
1. The proposed modifications are subject to approval by the Sonorna
County Water Agency. All construction must comply with Article 16
(Floodway and Flood Plain Districts) of the Petaluma Zoning Ordinaxice.
2. Fire Marshal:
a. All fuel dispensing equipment and system shall comply Wlt~l
Uniform Fire Code requirements.
Reso. 85-213 NCS 2 of 4
b. Attendant shall be on duty at a.ll times that service station is
open to the public. The attendants primary duty shall be to
supervise, observe and control dispensing of Class I and II
liquids .
c. Contact Sonoma County Health Department for underground
storage leak control requirements, 527-2891.
3. Police Department:
a. 'No Left Turn' sign at exits onto Petaluma Blvd. N, from the
station shall be installed.
b. Additional exterior lighting with vandal proof grills or baffles to
be added for new Maxi-Market building.
c. The cashier's booth shall be fitted with bullet resistant glass to
the satisfaction of the Chief of Police.
4. All building modifications and site design work is subject to Site Plan
and Architectural Review Committee (5PARC) approval. Special
attention shall be payed to landscaping the site to enhance a major
City entryway .
5. No portable or movable display racks shall be permitted on the exterior
grounds in order that no additional debris or obstruction be created in
times of flooding.
6. No fences shall be allowed.
7. The existing pole sign shall be removed or modified to conform with
the current sign ordinance (i.e. not visible primarily from a freeway
or the on/off ramps thereto, not taller than the principal structure,
not more than one free standing sign per lot, etc. ).
Reso. 85-213NCS 3 of 4
8. There shall be no storage or sale of vehicles on the site; no outdoor
auto repair or storage or display of tires, motor oil or other products
related to the business; and no parking lot vendors (i.e. no sales of
"laser art" , velvet paintings, tools, pottery, etc. ).
9. The realignment of the northern driveway is. suUject to staff approval.
10. A right hand turn-:out lane shall be provided: along ,the recently
abandoned railroad right-of-way to allow southbound cars to enter the
site without blocking traffic on Petaluma Boulevard as required by the
City Engineer.
11. No sales of alcoholic beverages is .permitted.
Underthe power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduce~l and adopted by the
Council of the City of Petaluma at a(Regular) ~~g~q}~~¢~ meeting
on the,...----•--•1st.------- day of ._....._..July .. -------• 19g•5--., by the
........---• ........ ............
following vote:
AYES: Bond, Cavanagh; Davis, Woolsey, Mayor Mattei
NOES: Tencer,. Vice Mayor Balshaw
ABSENT: None .
ATTEST: .... ----- ` ' .:. .....:..:.. ...•-•::. _.....•--•...._.._..••---••..
, . , , .,. .
City Glerk
/ _ . Coun«1 Eile ...............°--..............---
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Mayor `r
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