HomeMy WebLinkAboutResolution 95-272 10/16/1995
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~~S®lU$~®~ 95-272 N ~.5.
1 of the City of Petaluma, California
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5 RESOLUTION SUSTAINING THE PLANNING COMMISSION'S ACTION AND
6 DENYING THE APPEAL BY WAXNE VIELER IN REGARD TO A VARIANCE FROM
7 THE PARKING REQUIREMENTS OF THE PETALUMA ZONING ORDINANCE
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1o WHEREAS, the City Council approved a Conditional Use Permit authorizing Commercial
11 Recreation at Kodiak Jack's Honky Tonk and Saloon on November 21, 1994; and
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13 WHEREAS, the Conditional Use Permit requires that parking be provided for the use at a rate of
14 one space for each 2.5 seats/patrons; and
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16 WHEREAS, Wayne Vieler applied (on May 31, 1995) for Planning Commission approval of a
17 variance from the parking requirements of the Zoning Ordinance to either: (1) reduce the number
18 of parking spaces required from 120 to 75; and/or (2) increase the distance allowed for off-site
19 parking spaces from 300' to 500' for Kodiak Jack's Honky Tonk and Saloon at 256 Petaluma
20 Boulevard North; and
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22 WHEREAS, the Planning Commission considered the request during a public hearing on June 27,
23 1995 at which time findings were made and the request was denied; and
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25 WHEREAS, on July 11, 1995 Mr. Vieler appealed the decision to deny the variance; and
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27 WHEREAS, Mr. Vieler requested that the hearing of his appeal be postponed to a later
28 unspecified date to allow the processing of a related Conditional Use Permit Amendment; and
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3o WHEREAS, the appeal was considered by the City Council on October 16, 1995, during which
31 time public testimony was heard and considered prior to the Council rendering its decision.
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33 NOW, THEREFORE, BE IT RESOLVED that the City Council sustains the Planning
34 Commission action and denies Mr. Vieler's appeal based on the following findings:
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36 1. That the proposed variance to allow a reduction in parking will not conform to the
37 requirements and/or intent of the Petaluma General Plan in that the proposal would not
38 improve traffic congestion/conditions along a critical arterial street.
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40 2. The .proposed variance to allow a reduction in parking will not meet the conditions
41 necessary for a variance to be granted per Zoning Ordinance Section 26-303, in that:
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43 a. The resultant parking to be provided is inadequate to accommodate the maximum
44 number (299) of patrons allowed in the bar;
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46 b. The history of the current use and previous similar use demonstrated that patron
47 parking occurred and continues to occur in the adjacent residential neighborhood
48 creating adverse impacts on the peace and quiet of these residential areas;
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95-272 NCS
Res. No
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1 c. The proposed reduction in parking would intensify traffic impacts with the
2 potential for additional congestion to Petaluma Boulevard, an important arterial
3 street;
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5 d. That there are no peculiar and unusual conditions inherent in the property
6 sufficient to cause a hardship, and that the requirement to obtain parking is a
7 requirement common to all or most of the properties in the immediate area;
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9 e. That no hardship peculiar to the property and not created by any act of the owner
10 exists;
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12 f. That such a variance from the parking requirements is not necessary for the
13 preservation and enjoyment of substantial operating rights possessed by other
14 properties in the same zoning district and in the vicinity, and that a variance, if
15 granted would constitute a special privilege to Kodiak Jack's that is not enjoyed by
16 the neighboring businesses;
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1s g. That the authorizing of this variance from the parking requirements would be of
19 substantial detriment to adjacent property, resulting in a potential impact to
20 parking assigned to other businesses, to community parking on the street now
21 communally utilized by all nearby businesses, and to existing traffic on Petaluma
22 Boulevard North, and will materially impair the purposes of this ordinance or the
23 public interest.
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25 3. The denial of the Variance to authorize a reduction in the parking requirements for Kodiak
26 Jack's is exempt from the requirements of the California Environmental Quality Act
27 (CEQA) pursuant to Section 15270(a) of CEQA which exempts from review projects
2s which are disapproved.
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32 kjparkap/plan63
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 (Regular) (~#id~xQ~~~ meeting - form
on the -•---1-6-~n•----...... day of ..._.....-.Q~:k.Q.k2~.T' 19..~.`~., by the ,
following vote:
ity Attor y
AYES: Hamilton, Stompe, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss
NOES: Maguire
ABSENT: None
ATTEST :
City C~PUl l( ~~'~""Y C ~ Mayor
L~ Council File..... s
c~ io-as Izes. N~......9.5-27.2....... N.cs.