HomeMy WebLinkAboutResolution 93-245 09/07/1993,~.
ReS~IL.ItI®rl N®. 93-245 N C.S.
` 1 of the City of Petaluma, California
2 RESOLUTION DENYING THE APPEAL BY DAVID JONES ON BEHALF OF GARY
3 FLYNN OF THE PLANNING COMMISSION APPROVAL OF AN AMENDMENT TO A
4 CONDITIONAL USE PERMIT TO ALLOW ADRIVE-THRU ADDITION TO AN
5 EXISTING BURGER DING RESTAURANT AT 211 N. MCDOWELL BLVD.,
6 AP N0.007-350-08
7
8 WHEREAS, Bowen/Burstein Architects, Inc., on behalf of Centennial Management
9 Corporation representing Burger King, applied for Planning Commission approval of an
10 amendment to a Conditional Use Permit to allow adrive-thru addition to an existing
11 Burger King restaurant at 211 N. McDowell Blvd., AP No. 007-350-08; and
12
13 WHEREAS, the Planning Commission considered the project during a public hearing on
14 June 8, 1993 at which time the project was continued to a public hearing on July 13, 1993.
15 for redesign to address concerns regarding on-site circulation deficiencies and potential
16 conflicts; and
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18 WHEREAS, the Planning Commission considered the redesigned project during a public
19 hearing on July 13, 1993 at which time the project was approved with specific conditions;
20 and
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22 WHEREAS, Mr. David Jones, on behalf of his client Gary Flynn,. appealed the decision to
23 approve the project with conditions in accordance with applicable provisions of the Zoning
24 Ordinance (No. 1072 N.C.S.); and
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26 WHEREAS, the appeal was considered by the City Council on August 16, 1993, during
27 which time public testimony was heard and considered prior to the Council rendering its
28 decision.
29
30 NOW, THEREFORE, BE IT RESOLVED that the City Council sustains the Planning
31 Commission action and denies Mr. Jones' appeal of the approval of the Amendment to a
32 Conditional Use Permit received on July 13, 1993, to allow adrive-thru addition to an
33 existing Burger King Restaurant at 211 N. McDowell Blvd., subject to the following
34 findings and conditions:
35
36 Findin s -Mitigated Negative Declaration:
37 1. An Initial Study, including an expanded traffic analysis, has been prepared and
38 proper notice provided in accordance with CEQA and local guidelines.
RCS. N~~...........9~-245.. N.cs.
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2 2. Based upon the Initial Study and comments received, potential impacts could be
3 avoided or reduced to a level of insignificance by mitigation measures attached as
4 conditions of approval. There is no substantial evidence that the project, as
5 conditioned, may have a significant effect on the environment.
6
7 Mitigation Measures:
8 1. During peak noon hour (12:00 PM to 1:00 PM) and evening commute/dinner hour
9 periods (5:00 PM to 6:30 PM) or any time that five or more vehicles are queued in
10 the drive-through lane, an employee with a headset shall be stationed outside the
11 building to aid in taking orders, taking money, making change, and delivering
12 special orders.
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14 2. During peak periods, customers with special orders shall be directed to park in
15 nearby parking spaces, rather than slow the queue, and their order should be
16 delivered by the employee helping outside.
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18 3. Three parking spaces shall be reserved (and clearly identified by signs) for vehicles
19 in the drive-through lane which are directed to park directly adjacent to the end of
20 the drive-through lane (while awaiting special orders).
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22 4. The proposed loudspeaker shall not be audible to the residences across McDowell
23 Boulevard.
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25 5. A sign(s) shall be installed at the drive-thru exit advising motorists that right turn
26 movement is the only maneuver permitted. Design and placement of the sign(s)
27 shall be subject to review and approval of the City Engineer prior to .issuance of a
28 building permit.
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6. A decorative open fence, e.g. wrought iron approximately 42" in height shall be
installed at the back of curb adjacent to the planter area and along the sidewalk
leading to the main entry. Design and placement of the fence shall be subject to
review and approval by the Planning Director prior to issuance of a building permit.
7. An opening in the median in the entry/exit aisle on the north side of the site shall
not be permitted.
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Reso. 93-245 NCS
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2 8. On-site and off-site (northerly entry/exit drive) circulation conditions shall be
3 monitored following the establishment of the drive-thru service for a six (6) month
4 period by the City Traffic Engineer. Should the City Traffic Engineer find that
5 unsafe or undesirable traffic and/or pedestrian safety conditions exist, he shall
6 recommend review to the Planning Commission which shall consider the conditions
7 and may require modification to the on-site and/or off-site improvements or
8 modification to the drive-thru activities on the site.
9
10 Findings -Conditional Use Permit Amendment:
11 1. The proposed drive-through addition to the existing 2,693 sq. ft. Burger King
12 Restaurant, as conditioned, will intensify the commercial activity at the site in
13 conformance with the intent and purpose of the Petaluma Zoning Ordinance which
14 identifies the property as appropriate to provide a complete and intensive
15 commercial center. Further, the addition provides the requisite parking, landscape,
16 screening, and architectural improvements in conformance with the requirements of
17 the Petaluma Zoning Ordinance.
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19 2. The proposed drive-through addition, as conditioned, will, by virtue of the site
20 specific traffic study prepared and improvements proposed and by virtue of the
21 additions ability to further the shopping centers ability to provide a variety and
22 depth of goods and services not available in neighborhood shopping centers
23 conform to the requirements and intents, goals and policies of the Petaluma
24 General Plan.
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26 3. The proposed drive-through addition, as conditioned, will not create unsafe traffic
27 or pedestrian and/or vehicular circulation conditions on-site or in the immediate
28 project area and given this, will not constitute a nuisance or be detrimental to the
29 public welfare of the community.
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31 Conditions:
32 1. All requirements of the Environmental Operating Services shall be met including:
33
34 a. Installation of a drain that will direct the washdown to the grease interceptor
35 or guarantee that no waste or washdown will reach the storm drain shall be
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Reso, 93-245 NCS
1 required, subject to approval of the Environmental Operating Services
2 Department (762-5892) prior to issuance of a building permit.
3
4 2. All conditions of the existing Conditional Use Permit approval granted November,
5 1980 and SPARC approval granted December, 1980 are incorporated as conditions
6 of the Conditional Use Permit Amendment hereby approved (copy attached).
7
8 3. Administrative Site Plan and Architectural Review (SPARC) shall be required with
9 emphasis on landscaping, signs, trash containment, etc. In particular, four of the
10 sycamores proposed to be removed shall be replaced in the new planter on the
11 north side of the drive-thru lane.
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13 4. The landscape median shall be extended at the drive-through entrance per the
14 attached Exhibit B, subject to staff approval prior to issuance of Certificate of
15 Occupancy.
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17 5. A pedestrian walkway (meandering through the existing trees) shall be provided
18 along the northerly building frontage per the attached Exhibit B, subject to staff
19 approval, prior to issuance of Certificate of Occupancy.
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21 6. A low wall (3-4 feet) shall be constructed around the perimeter of the outdoor
22 dining area, subject to staff approval, prior to issuance of Certificate of Occupancy.
23
24 7. Replace trees to be removed (two eucalyptus trees) from the proposed driveway at
25 northeast corner of parking lot on a two-to-one basis elsewhere in the parking lot, in
26 the proposed planting median on the eastern perimeter of the lot and in the existing
27 planter opposite the proposed entrance to the restaurant.
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29 8. Establish a pedestrian walkway in the existing planter opposite the proposed
30 entrance to the restaurant. Said walkway shall be reflected on the landscape plan
31 subject to review and approval by the Planning Director prior to the issuance of a
32 building permit.
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34 9. The applicants/developers shall defend, indemnify, and hold harmless the City of
35 any of its boards, commissions, agents, officers, and employees from any claim,
36 action or proceeding against the City, its boards, commissions, agents, officers, or
Reso. 93-24.5 NCS
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1 employees to attack, set aside, void, or annual, the approval of the project when
2 such claim or action is brought within the time period provided for in applicable
3 State and/or local statutes. The City shall promptly notify the
4 applicants/developers of any such claim, action, or proceeding. The City shall
5 coordinate fully in the defense. Nothing contained in this condition shall prohibit
6 the City from participating in a defense of any claim, action, or proceeding if the
7 City bears its own attorney's fees and costs, and the City defends the action in good
8 faith.
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11 resobk / council9
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 th~Ap roYesl as to
Council of the City of Petaluma at a (Regular) 1~Xd~)SiX~Fi~F$~] meeting ~ rm
on the ...----..7xk1...-..-.. day of ...........Se~t~mher. .......................... 19.y3_, by the ~____ r--
following vote: ...~--~ -• .... . .................
City~Attor~ey
AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss \\
NOES: None
ABSENT: None
ATTEST: ..-•-- --••---••---- •-•--•-• ------------------•--.-...-.... ... ................... ,, .........~...... -. .- . .... ~ ....
City Clerk Mayor
Council File9---..rr.~~...yF..~. ..........
CA 10-55 ~ Res. No.. 9:3.-.G....... _ . N.C.S.