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HomeMy WebLinkAboutResolution 95-052 02/21/1995 Resolution No. s5-52 N.C.S. f. ' of the City of Petaluma, California 1 2 3 RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL 4 OF AN APPEAL OF AN ADMINISTRATIVE INTERPRETATION PROVIDING A 5 DEFINITION OF A "BAR/COCKTAIL LOUNGE" 6 7 8 9 WHEREAS, on December 14, 1994, the Petaluma Planning Commission denied an appeal of 10 an administrative interpretation filed by Wayne Vieler, owner/operator of Kodiak Jack's 11 Honky Tonk and Saloon; and 12 13 WHEREAS, a timely appeal of the Planning Commission decision was appropriately filed by 14 Wayne Vieler stating objection to the action and findings of Che Planning Commission; and 15 16 WHEREAS, the City Council held a public hearing on February 21, 1995 to consider the 17 appeal and all reports, documentation and testimony submitted on the matter; 18 19 NOW, THEREFORE, BE IT RESOLVED that the City Council finds as follows: 20 21 1. The Planning Commission acted appropriately in its decision of December 13, 1994. 22 23 2. The interpretation was prepared to increase the efficiency of the zoning enforcement 24 proceedings, and to reduce the .time consumed in processing applications for similar 25 land use permits. 26 27 3. That the evolution of the alcoholic beverage entertainment industry has progressed to 28 the point where specific impacts associated with the operation of said businesses 29 requires various levels of review (e.g.: permitted versus conditional use). 30 31 4. That the interpretation was not undertaken in an arbitrary and/or capricious manner but 32 with due diligence and fairness to existing and proposed businesses. 33 34 5. That the continued health, safety and welfare of the residents within the community of 35 Petaluma warranted the interpretation. w~~,. rc~_....9 ~52._._._. ncs. 1 2 BE IT FURTHER RESOLVED that the City Council, based upon the findings set forth above, 3 hereby affirms the decision of the Planning Commission and denies the appeal filed by Wayne 4 Vieler. 5 6 tS viclreso/councillt 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 Approved as to Council of the City of Petaluma at a (Regulat•) (71~j0117[7Q$IG@PX~d) meeting ~fo'~ on the ....21st...---...... day of ................._February......................, 19...;1.`u., by the following vote: City Attorney AYES: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss NCES: None ABSENT: None _ ATTEST.: _ /,},-~p/~p City Clerk Ma or CbvnciS File CA IO~AS Hcs. No. ~.GS 9 -52-___,