HomeMy WebLinkAboutResolution 98-262 N.C.S. 12/07/1998 Resolution No. ss-zsz N.C.S.
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2 of the Ciry of Petaluma, California
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4 DENYING THE APPEAL AND AMENDING THE CONDITIONAL USE PERMIT
5 HELD BY DOWNTOWN AUTOBODY
6 715 PETALUMA BOULEVARD SOUTH, APN 008-194-028
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S WHEREAS on August 25, 1998 the Planning Commission held a public hearing on the proposed
9 amendment to the 1996 Downtown Autobody Conditional Use Permit and continued the item to allow
to for a corrected notice to be mailed; and
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12 WHEREAS on September 9, 1998 the Planning Commission held a continued public hearing and
13 approved a Conditional Use Permit amendmenT to authorize Downtown Autobody to operate a 7-day
14 per week, 24 hour per day towing service with the storage of vehicles resulting from Petaluma Police
Is and California Highway Patrol rotation tows; and
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17 WHEREAS the approval was appealed on September 18, 1998 by Joseph Durney; and
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19 WHEREAS a noticed public hearing was held by the City Council on December 7 1998; and
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21 WHEREAS the City Council finds that the amendment to the Conditional Use Permit to be exempt
22 from the requirements of the California Environmental Quality Act (CEQA) under Section 15301,
23 Existing Facilities, of the CEQA Guidelines, because this amendment represents minor modifications
24 to the Conditional Use Permit; and
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26 WHEREAS the City Council further finds that the proposed amendment is in general conformity with
27 the intent, .goals, policies and programs of the Petaluma General Plan and any applicable plans that
28 provide for orderly growth and development within the City.
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3o NOW THEREFORE, BE IT RESOLVED, that the City Council hereby denies the appeal of the
3t Planning Commission's action, and modifies the Planning Commission's approval of an amendment to
Resolution No. 9H-2~2 N.cs. Page 1 of 4
1 the Conditional Use Permit held by Downtown Autobody at 715 Petaluma Boulevard South, based on
2 the following findings and subject to the following amended conditions:
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4 Findin s:
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6 1. The proposed towing service with open storage of towed vehicles, as conditioned, will
7 conform to the requirements and intent of the Petaluma Zoning Ordinance, as this service is
8 subservient to the principal use on this industrially zoned property.
9 2. The proposed towing service with open storage of towed vehicles, as conditioned, will
to conform to the requirements and intent of the Petaluma General Plan, as the site is designated
11 Thoroughfare Commercial, which promotes businesses that provide City wide services; have
t2 good auto access and service drives, and does not require location in a high volume pedestrian
t3 area.
14 3. The proposed towing service with open storage of towed vehicles, as conditioned, will not
i5 constitute a nuisance or be detrimental to the public welfare of the community, as conditions
16 have been imposed to regulate the method of delivery and placement of the impounded
t7 vehicles on the site.
18 4. This proposal is exempt from the requirements of the California Environmental Quality Act
19 (CEQA) Section 15301 as the facilities are existing.
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21 Conditions:
22 Citv Council Special Conditions:
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24 1. The hours of operation for both the towing service and the autobody and paint and repair shop
25 shall be Monday through Friday 8AM to SPM, Saturday, 8AM to 12 Noon.
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27 From the Planning Department:
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29 2. All conditions of approval of the May 24, 1996 CUP shall be a part of this approval (see
3o attached Exhibit A) except as specifically superseded..
Reso. 98-262 NCS Page 2 of 4
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1 3. The entry gate facing Petaluma Boulevard North shall remain a manually operated gate, with
2 all chains rubber coated to reduce noise.
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4 From the Police Department:
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6 4. A fenced or enclosed area shall be provided at all times.
7 5. The owner/operator shall maintain sufficient storage spaces.
s 6. The owner/operator shall have a sign that clearly identifies the facility to the public as a towing
9 service. The sign shall have letters that are clearly visible to the public from the street. The
to sign shall be visible at night.
11 7. The owner/operator shall maintain "normal business hours" that shall not be less than 8AM to
12 SPM Monday through Friday, except for the following State recognized holidays: New Year's
13 Day, Martin Luther King Day, Lincoln Day, President's Day, Memorial Day, Independence
14 Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving,
15 and Christmas Day. Business hours shall be posted in plain view to the public.
t6 8. Employees at the storage facility shall be properly trained to conduct business transactions
t7 related to towing, storage and release of vehicles/property.
Is 9. The release of vehicles shall be conducted in accordance with the Petaluma Police Department
19 procedures.
20 10. The owner/operator shall maintain records, at his/her place of business, of tow services
zt furnished and vehicles currently stored at the storage facility.
22 11, The Petaluma Police Department may inspect all owner/operator records without notice during
23 normal business hours at the storage facility.
24 12. The owner/operator shall comply with all statutory laws, local ordinances, and the provisions,
z5 rules, and restrictions of the current Tow .Service Agreement found under Petaluma Police
26 Department General Order 86-5.
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Reso. 98-262 NCS Page 3 of 4
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1 Standard CUP Conditions:
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3 13. This Use Permit may be recalled to the Planning Commission for review at any time due to
4 complaints regarding lack of compliance with conditions of approval, traffic congestion, noise
5 generation, or other adverse operating characteristics. At such time, the Planning Commission
6 may revoke the Use Pernrit oradd/modify conditions of approval.
7 14. The applicants/developers shall defend, indemnify, and hold harmless the City or any of its
s boards, commission, agents, officers, and employees .from any claim, action or proceeding
9 against the City, its boards, commission, agents, officers, or employees to attack, set aside,
to void, or annul, the approval of the project when such claim or action is brought within the time
t 1 period provided for in applicable State and/or local statutes. The City shall promptly notify the
12 applicants/developers of any such claim, action, or proceeding. The City shall coordinate in
13 the defense. Nothing contained in this condition shall prohibit the City from participating in a
14 defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs,
15 and the City defends the action in good faith.
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Under the power and authority conferred upon this Council by tba Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A roved as to
Council of the City of Petaluma at a (Regular) (191dBr[RA@L~1?~%OIEd) meeting
onthe ...7.tit day of .......d?2&.~1[lllz~C_..........................., 19_98... by the
following vote:
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AYES: Keller,. Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss
NOES: None
ASSENT: (One se / nt due to the resignation. of Mary Stomp ~
ATTEST: a....../...---..
City Clerk ayor
Cowcil Fila
CA 10.85 ses_no....9$-,26,$..,,,,,, rv.as. Page 4 of 4