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HomeMy WebLinkAboutResolution 8170 N.C.S. 04/24/1978 - _ PLK:mi 6-6-78 Oolution No. 817° 11 / , 1 .... !! : ,i,,„? ,r• ,,. ''' : i T,PL RESOLUTION DENYING APPEAL BY CERTAIN MEMBERS •OF THE 'WASHINGTON SQUARE, MERCHANTS' ASSOCIATION AND GRANTING • ' '., ' " " ".,,t,, A USE, PERMIT FOR THE DODGE CITY ARCADE (William Brot- man) • INTRODUCED BY COUNCILMAN G. Ro,land Bond, and • SECONDED BY COUNCILMAN John L. BaIshaw at a Addourned Meeting of the City Council of the 24th City of Petaluma, on the day of April , 19 78 • WHEREAS, on Februa.ry. 22, 1978, the Planning Commission • in Resolution U-6-748: granted a use 'permit to William Brotman for the operation of an amusement center in Washington Square Shopping Center; and, WHEREAS, thereafter •certain rnethbers of the Washington Square Merchants' Association appealed said action to the City Council, the matter being heardr on April 3, 1978, and continued thereafter to April 24, 1978; and, , WHEREAS, documentary written and oral. evidence was duly presented at the hearings thereof, whi ch evidence shall be noted in the minutes hereof , as -to tes,timony, . and retained in the records of the City Council as to writ and documentary evidence, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds as follows: • 1. The appeal was timely filed and matter was properly • before the City Council. . , OOUNCILFILE 5577,___ • FRES. NO. • 2. The City Council has fully considered all of the evidence presented, intludi'ng the.. complete record • • of the hear ing before the Planning 3. Based upon substantial evidence presented, the f'ol- • lowing findings,are made in relationship to the grant of the use permit: A. The p use. conforms to the intent._and re- quirernents of the Petaluma Zoning Ordinance (Ordinance :N'o. 1072 N . C. S . , as amended) , the General. Plan ..and -the Environmental. Design Plan app'licable thereto., and B. Under the circumstances of the particular case, and with. the conditions .required, the proposed - use. will. .not constitute a: nuisance or be detri- mental. to the public welfare of the community. BE IT FURTHER RESOLVED that based upon the findings herein- above, the appeal 'ought to be denied, and .the .use permit granted in the form and 'with the conditions approved by, the Planning Com- mission, attached' hereto as Exhibit A,,'and it is accordingly so ordered. under the power and authority conferred upon this Council by the Charter of said City. I' hereby certify that 'foregoing "Resolution was duly and regularly introduced and adopted by the Council of the City of Petaluma on the Z4 h day of Apr i 1 19 7 8i. by the :following votes: AYES: Counc =i Balshaw, Bond, Harberson, and Mayor , Putnam NOES : - Councilmen Cavanagh and Perry • ABSENT Councilman Hilligoss ATTEST: City Mayor FORM CA.3 7/74 PEOLUI1/\ CITY PLA'NNIiJG COMMI OfV RESOLUTION NO, U 6 -78 . by Commissioner Seconded by Commissioner RESOLUTION OF FINDINGS OF FACT AND ACTION TAKEN BY THE PETALUMA CITY PLANNING COMMISSION ON THE APPLICATION OF DODGE CITY ARCADE - WILLIAM BROTMAN. FOR A USE PERMIT WHEREAS, William Brotman whose address is •" 1422 East Washington Street filed Application No. on the 17th day of July, 1976 fora permit authorizing the use of the property located at 1422 East Washington Street for the following purposes, to wit: To allow the renewal of a conditional Use Permit P previously granted for a family fun center with electronic games. WHEREAS, the Planning Commission determines that a public hearing on said applica- tion is deemed necessary and is /is not. WHEREAS, the Planning Commission finds that the establishment, maintenance or operation of the use or building applied for will not , under- circumstances of the will /will not particular case, be detrimental to the health, safety, peace, morals, comfort and/or general welfare '. of persons residing or working in the neighborhood of such proposed use, and /or detrimental or injurious to property or improvements in the neighborhood and /or to the general welfare of the City. The Planning Commission further finds that the use does does /does not conform to the requirements and intent. of Zoning Ordinance No`. 1072 N.C.S., the Petaluma General Plan, and the Environmental Design Plan and such use ot constitute a v will n iln /ill not nuisance. NOW, THEREFORE, BE IT RESOLVED by the Petaluma City Planning Commission that a Use Permit be, and the same is, hereby gran e d to said applicant to use said property granted /denied . for the purposes hereinbefore set forth, subject to the "following conditions: 1. This Use Permit shall expire if. not <used within one (1) year from date of this resolution without 'further notification 2. The app1ic.it shall apply for an appliance permit 'prior to the installation • of any additional, electronic games. 3. A bicycle rack shall be maintained :near the front door of the building, but shall not obstruct pedestrian traffic. - 4 The family fun center _shall close no later than 10:00 p.m., Sunday through Thursday, and `no later than 11 :00 p.m. on Fridays and Saturdays. qX1 Ali 5. The use and site shall conform to all State and City ordinances and. regulat ions, including, but not limited to, local assembly occupancy requirements, i.e., exits, interior flame spread, fire extinguishers, etc , 6. All signs shall be made, to conform with the City and Shopping Center sign programs. 7. Exterior front entrance lighting shall be, provided in accordance with the specifications of the Police. Chief within thirty (30) days of Use Permit renewal. 8. Music played inside the building shall not be audible to adjacent uses, or exterior of the building. 9. The applicant shall apply for renewal of the Use Permit on an annual basis, and review shall be conducted at anytime substantial and repeated complaints are received by the Planning Department. , 10. The applicant shall comply with all other ' applicable _City -regulations_ • I.hereby - certify that the foregoing resolution was duly and regularly introduced 'and adopted by the Planning Commission of the City of Petaluma on the 22nd day-'cf February ,. 19 717,,' by the following vote: • 0 AYES: Comm. Balshaw, Horciza, Lavin Waite NOES: • 'None ABSENT: Comm. Head, Shearer Chairman Attest: • • • • • • "�