HomeMy WebLinkAboutResolution 99-044 N.C.S. 02/16/1999 ~eS~1~A~1®11 1~1®. 99-4 4 e 1V .C.
of the City of Petaluma, California
l DENYING THE APPEAL AND REVOKING THE CONDITIONAL USE PERMIT HELD BY
2 HOLMBERG ROOFING COMPANY WHICH AUTHORIZED THE OPERATION OF A
3 ROOFING BUSINESS WITH OPEN STORAGE AT
4 16 CEDAR GROVE PARK, APN 006-051-079
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8 WHEREAS on December 8, 1998, the Planning Commission, due to complaints received from
9 the neighbors of Holmberg Roofing, and regular Conditional Use Permit compliance field
1 o checks, held a noticed public hearing, heard testimony and reviewed the September 2~8, 1993
ll Conditional Use Permit with its associated findings, mitigation measures and conditions of
12 approval, which authorized open storage in conjunction with the Holmberg Roofing business
l 3 located at 16 Cedar Grove Park, APN 006-051-079; and
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l5 WHEREAS on December 8, 1998, the Planning Commission found that based on site
l6 inspections performed by staff over ,the course of 3 months, Holmberg Roofing had not
7 conformed to the requirements and intent of the September 28, 1993 Conditional Use Permit, as
18 the business continually illegally expanded its outdoor storage area to include areas not approved
19 by the Conditional Use Permit; and
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2l WHEREAS on December 8, 1998 the Planning Commission revoked the September 28, 1993
22 Conditional Use Permit (per Conditional Use Permit condition #7), requiring vacation of the
23 property (removal of all materials, equipment and vehicles) within six (6) months written
24 notification by the Planning Department; and
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26 WHEREAS the Planning Department, notified Holmberg Roofing by mail on December 14,
27 1998 that vacation of the property shall occur by June 14, 1999; and
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29 WHEREAS on December 21, 1998 Carolyn Holmberg appealed the revocation; and
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31 WHEREAS on February 16, 1999, the City Council held a noticed public hearing and heard
32 testimony; and
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34 WHEREAS the City Council further finds that Holmberg Roofing has not conformed to the
35 requirements and intent of the September 28, 1993 Conditional Use Permit, as the business
36 continually illegally expanded its outdoor storage area to include areas not approved by the
37 Conditional Use Permit.
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39 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the appeal by
4o Carolyn Holmberg of the Planning Commission's revocation of the September 28, 1993
41 Conditional Use Permit held by Holmberg Roofing which authorized open storage in conjunction
42 with the Holmberg Roofing business at 16 Cedar Grove Park, APN 006-051-079, and hereby
Resolution No. 99-4 4~ , x.c.s. Page 1 of 2
1 revokes the Conditional Use Permit, with the requirement that the business remove all open
2 storage by June 14, 1999; based upon the following findings:
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4 1. The open storage of roofing materials on the Holmberg Roofing site in areas not approved by
5 the City does not conform to the requirements and intent of the 9/28/93 Conditional Use
6 Permit conditions of approval, as the business continually illegally expands its outdoor
7 storage area to include areas not approved by the Planning Commission (see
8 chronology/background in Planning Commission 12/08/98 staff report).
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l0 2. The open storage of roofing materials on the Holmberg Roofing site in areas not approved by
l 1 the City does not conform to the requirements and intent of the Petaluma Zoning Ordinance
12 Section 21-300 as the illegal expansion; constitutes an intensity of use on site; is into areas
l3 not screened from adjacent properties; is incompatible with the surrounding residential uses;
14 inhibits vehicular circulation on site; and has been expanded at times into areas designated
15 floodway by FEIVIA (Federal Emergency Management Agency,) as designated on the Federal
16 Insurance Rate Maps for the City of Petaluma.
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18 3. The open storage of roofing materials on the Holmberg Roofing site in areas not approved by
l9 the City does not conform to the requirements and intent of the General Plan land use for this
20 site which is designated park. Removal of the open storage on the site would provide for a-
21 less intense use adjacent to neighboring residential uses.
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23 4. The open storage of roofing materials on the Holmberg Roofing site in areas not approved by
24 the City is detrimental to the public welfare of the community as noise, increased hours of
25 operation, aesthetics (the open storage location, and method of storage), dust generation, and
26 debris from used materials constitutes adverse affects on adjacent lands that support
27 residential uses.
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Under the power and authority conferred upon tlvs Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and. adopted by the Approved as to
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Council of the City of Petaluma at a (Regular) (iB;K~~~) meeting
on the .._.16th....-.-..... day of .............February..........-----.......-..., 19..99., by the
following vote:
ity ttorney
AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: None
ATTEST :
ity Clerk Mayor
c,n io.x5 K~ 5. N~~..9 9-. 44............ rv.cs. ps~age 2 of 2