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HomeMy WebLinkAboutResolution 94-43 03/07/1994~4 resolution No. 943 N C.s. 1 of the City of Petaluma, California 2 3 RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION'S 4 DENIAL OF A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 5 2,000 SQ. FT. FAST FOOD RESTAURANT IN WASHINGTON SQUARE SHOPPING 6 CENTER, AP N0.007-280-049 7 8 WHEREAS, on January 11, 1994, the Petaluma Planning Commission denied an 9 application for a Conditional Use Permit filed by Fredric C. Divine Associates, on behalf of 10 Taco Bell Corporation and Washington Square Associates, AP No. 007-280-049; and 11 12 WHEREAS, a timely appeal of the Planning Commission decision was appropriately .filed 13 by the Law Offices of Friedman, Collard Owen, Otter and Panneton, and by Sponamore 14 Associates, on behalf of the applicants, stating objection to the action and findings of the 15 .Planning Commission; and 16 17 WHEREAS, the City Council has held a public hearing to consider the appeal and all 18 reports, documentation and testimony submitted on the matter; 19 20 NOW, THEREFORE, BE IT RESOLVED that the City Council finds as follows: 21 22 1. The Planning Commission acted appropriately in its decision of January 11, 1994. 23 24 2. The proposed project will not conform to the requirements and intent of the 25 Petaluma Zoning Ordinance inasmuch as evidence has been presented that the 26 special nature of the use (24-hour fast food restaurant) makes it unsuitable at this 27 location; the proposed use raises significant concern regarding Section 21-300 of the 28 Zoning Ordinance, General Standards and Considerations Governing Conditional 29 Uses, specifically: the relation of the proposed building or use to any adjoining 30 building with particular attention to protection of....peace and quiet; traffic, 31 circulation, and parking; the adequacy, convenience, and safety of provisions for 32 vehicular access and parking; the compatibility of the proposed building or use with 33 its environment, and in particular: the number of customers or users and the 34 suitability of the resulting activity level to the surrounding uses.....; the hours of 94-43 1 Res. No . .................._.._...... N.C.S. 1 operation; the adequacy of provisions for the control of any off-site effects such as 2 noise, dust, odors, light, or glare, etc.; and the adequacy of provisions for protection 3 of the public against any special hazards arising from the intended use. 4 5 3. The proposed project will not conform to the requirements and intent, goals, and 6 policies of the Petaluma General Plan, specifically: land use decisions shall take 7 into consideration potential traffic impacts (the project fails to improve traffic .flow); 8 the project fails to provide the right-of-way necessary to provide needed additional 9 turning lanes; and the project fails to provide the right-of-way necessary to provide a 10 bike lane at the E. Washington/McDowell Blvd. intersection. 11 12 4. The proposed project will constitute a nuisance and will be detrimental to the public 13 welfare of the community by virtue of the 24-hour/day operating schedule and the 14 proximity of residential and lodging land uses which are sensitive to late night noise, 15 lights, and activity. 16 17 5. The proposed project will be detrimental to the public welfare of the community 18 inasmuch as it will create a substantial demand on limited police services. Given 19 the project's proposed 24-hour/day operation, the City's history with similar 20 establishments, the potential for loitering and disturbances. 21 22 6. The proposed project will constitute a nuisance given the project's potential for 23 creating objectionable noise impacts from the proposed loudspeaker equipment, 24 patrons, and 24-hour/day business schedule and proximity to residences and noise 25 sensitive commercial uses (hotel). 26 27 7. The proposed project will be detrimental to the public welfare of the community 2g due to its incremental adverse affect on the traffic/circulation conditions of the 29 already poor level of service experienced at the intersection of E. Washington Street 30 and McDowell Blvd. Further, the timing for the improvement of this intersection is 31 not certain and dedication of right-of-way necessary for the improvements has not 32 been secured. 33 34 8. The proposed project will create significant environmental effects which have not 35 been adequately mitigated related to traffic/circulation, lighting, noise, public 36 services (police), specifically: Reso. 94-43 NCS 2 1 2 Traffic: the existing poor condition of vehicular circulation at the E. Washington 3 Street/McDowell Blvd. intersection, the project's incremental effect upon 4 circulation at this intersection, the uncertainty of the timing of improvements to the 5 intersection, and the need for additional right-of-way to make improvements to the 6 intersection; 7 8 Lighting: the potential for adverse lighting/glare impacts to nearby residents from 9 late night/early morning operating and security lights as well as vehicle lights; 10 11 Noise: the potential for late night/early morning noise generated from the speaker 12 box, patrons, employees, idling vehicles, and traffic; 13 14 Public Services (Police): the significant demand for police services that the project 15 presents especially during late night/early morning hours when police resources are 16 at their most diminished level. 17 18 9. The nature of the use (an inexpensive fast food restaurant), not the operator (Taco 19 Bell), causes the expressed concern regarding loitering, noise, vandalism, police 20 service demands, etc. 21 22 10. Given the site's proximity to residences and other sensitive uses and reliance upon 23 an overburdened intersection, it is unsuitable for the proposed use. Other more 24 appropriate sites exist in the city. 25 26 BE IT FURTHER RESOLVED that the City Council hereby determines that the request 27 is exempt from the requirements of the California Environmental Quality Act pursuant to 28 Section 15270(a) which exempts from review projects which are disapproved. 29 30 BE IT FURTHER RESOLVED that the City Council, based upon the findings set forth 31 above, and having met the requirements of CEQA, hereby denies the application for 32 Conditional Use Permit to authorize construction of a 2,000 sq. ft. fast food restaurant 33 within Washington Square Shopping Center; and 3 Reso. 94-43 NCS 1 2 BE IT FURTHER RESOLVED that the City Council hereby affirms the decision of the 3 Planning Commission, and denies the joint appeals of Taco Bell Corporation and 4 Washington Square Associates. 5 6 ~] tacoresl/councilll 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 meetin form Council of the City of Petaluma at a (Regular) (~39a~~d4x#xiu~ g..---°""""""'"" on the Z.t.b ................... day of .............MHi7ch..-.............................., 19-9.4.., by the ' following vote: .-..~----- ------ --- City Attor y AYES: Sobel, Shea, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: None ABSTAIN: Nelson, Hamil , s ,' tty Clerk Mayor council Fite.---• ............................... 4 cn io Ry Res. No...9.4-.4.3 .............. rv.cs.