HomeMy WebLinkAboutResolutions 85-179 N.C.S. 06/17/1985: F~esolu~ion No. s5-1791~1. C. S.
of the City of Petaluma, California
A RESOLUTION DENYING THE APPEAL OF J. E. MCCAFFREY COMPANY
FROM THE ACTION OF THE PETALUMA PLANNING COMMISSION
WHEREAS, the Plannin;g Commission held a duly noticed public hearing to
consider a conditional use permit for operation of a service
station/convenience market at 5Q1 Petaluma Blvd. North; and
WHEREAS, the Planning Commission granted the eonditional use permit
based on stated findings and subject ,_to certain conditions; and
WHEREAS, action by the Planning Commission included a condition
prohibiting the sale of alcoholic beverages at the site in conjunction with
operation of the service station/convenienee market; and
WHEREAS, J. E. MCCAFFREY COMPANY has appealed the action of the
Planning Commission of May 14, 1985, prohibiting th.e sale of alcoholic
beverages at 501 Petaluma Boulevard North; and
WHEREAS the matter has been properly brought before and heard by the
City Council and the applicants and all interested parties were permitted to
be heard; and . ~ ~
WHEREAS, that the City Gounci~l hereby finds as follows~:
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1. That an incompatibility in land use exists between gasoline sales and
sale of alcohblic beverages; and
2. That the regulation of concurrent sale ~of ~ gasoline and alcoholic
beverages is an appropriate use of the C'ity's police power as exercised
through zoning decisions; and
3. That research is currently being conducted by independent research
institutes to assess the long-range impact of concurrent sales; and
Reso. 85-179 1 of 4
4. That it is in the best interest of the public health and safety not to
grant this appeal at this time.
NOW, THEREFORE, BE IT RESOLVED that based on the foregoing findings,
the appeal is hereby denied and the action of the Planning Commission is
upheld with the original conditions as listed below:
Conditions :
l. Convenience market sales shall not include the sale of any alcoholic
beverage pending City Council determination.
2. The 23 foot driveway on Petaluma Blvd. North nearest the intersection
of Kent Street shall be closed and replaced by curb, gutter and
sidewalk subject to the approval of the City Engineer.
3. The 57.5 foot driveway on Kent Street shall be redesigned and divided
into two driveways by placement of a landscape/curbed parking space
adjacent to the building wall facing Kent Street, subject to 5PARC
approval.
4. On-site parking shall be provided for the parking of four vehicles and
shall be so located, stripped and designated to require one-way
movement, exiting from the site onto Kent Street, subject to SPARC
review and approval.
5. Two decorative trash containers shall be provided on the site to
discourage littering. Location and design subject to SPARC review
and approval. A separate trash enclosure, constructed to City
Standards, shall be provided on site, subject to SPARC approval.
6. The free-standing pole sign near the corner shall be removed. It may
be replaced with a single monument sign which meets the sign
ordinance, i. e. , does not exceed five feet in height, and twenty
square feet in size . A sign permit shall be required for the new
signs .
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Reso. 85-179 NCS 2 of 4
7. A curbed, landscaped island shall be created at the southeast corner
of the property (nearest the intersection of Kent and Petaluma Blvd.
North) subject to approval of SPARC. Landscaping shall be provided
on both sides of the restroom structure and along west and north
property lines.
8. All requirements of the City Fire Marshal, including securing a permit
for the installation of new gas pumps in 1984, shall be complied with.
9. Setback for the proposed installation of a diesel pump shall conform to
applicable code requirements for distances to structures and property
lines, subject to review and approval of Fire Marshal and SPARC.
10. A six-foot high wooden fence (reduced to 3' within street front
setback areas) shall be constructed along west and north property
lines .
11. The unused 22-foot tall light poles at the southwest and northwest
corners of the property shall be removed or lowered to conform to City
standards, i. e. lowered to 16 feet and fitted with fixtures which direct
lights away from adjacent property.
12. The restroom building in the northwest corner of the property shall be
refurbished subject to the approval of SPARC.
13. All asphalt pavement on the property shall be patched and sealed
subject to the approval of staff.
14. 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. ). One roll-around
display rack of vehicle related products will be allowed.
15. Any outdoor or roof mounted mechanical equipment shall be fully
screened, subject to SPARC review and approval.
Reso. 85-179 3 of 4
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16. All proposed changes to the existing struc,tures and site layout shall
be subject to review and approval of SPARC.
17. Business shall be closed between the hours of 2 AM and 5 AM.
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Under the power and authority conferred upon this Gouncil by the Charter of said City.
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I hereby certify the foregoing Resolution was introduc~d and adopted by the pproved s to
Council of the City of Petaluma'at a''(Regulai) :~~q~{~i~l) meeting '~
` June ; , ............... 19.$~.., by the
•--•._.. day; ;of .-•--•--•-•--
on the ...:~7th--- ' --•---•- - •------------•----•••
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follo~ving. vote: .. ; ' . ~ ' r
.. . ... ..••••-•-•y -•-----•--•---y ....-----
• , , > it Attorne
AYES: Balshaw, Davis, Woolsey, Tencer,r~'1VIayor Mattei ~ '
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NOES: Cavanagh, V.ice Mayor Bond ~:
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ABSENT: None ~ ~•-
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ATTEST: .........--•-• • ..... ..:...:..::............:.......••••..._...............••••-•--••••--•••--••••• -•-•--•--,•••••••- ---••-• --•••••••-• ---:-••-••------••-••••••-••,•--•••---.._._...•-•••--•-•
City
er_k Mayor
Council File .............. ...................
Form CA 2 7/81 Res. No..... 8 5.-i ~ g........ 1} of 4