HomeMy WebLinkAboutResolution 92-310 12/07/1992~.
F~esolution No. 92-310 ~],C.~,
r
~1 of the City of Petaluma, California
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
4 DENYING THE APPEAL OF LEO ORTEGA AND DECLARING THE
5 CONDITIONAL USE PERMIT OF DELTA BATTERY COMPANY AT SD1
6 PETALUMA BOULEVARD NORTH, AP NO. 006-091-29, TO BE REVOKED
7
8 WHEREAS, Nelson Strasser is the owner of record of the real property located at 501
9 Petaluma Boulevard North (APN 006-091-29), Petaluma, California; and
10
11 WHEREAS, Leo Ortega is the owner of record (commercial tenant) of the business known
12 as Delta Battery Company located at 501 Petaluma Boulevard North (APN 006-091-29),
13 Petaluma, California; and
14
15 WHEREAS, it was alleged by the Planning Director and the Senior Planning Technician of
16 the Planning Department that there exists at the property listed above the business known
17 as Delta Battery Company which is in violation of its Conditional Use Permit; and
18
19 WHEREAS, the property owner and the commercial tenant were notified of these
20 violations by letters from the Planning Department, copies of which letters are part of this
21 record; and
22
23 WHEREAS, the property owner and the commercial tenant were notified that hearings
24 would be held by the Planning Commission to discuss the violations; and
25
26 WHEREAS, two hearings were held by the Planning Commission on 7/14/92 and
27 10/13/92 on the question of whether these violations did in fact exist, and whether the Use
28 Permit should be suspended and then revoked, copies of which reports are part of this
29 record; and
30
31 WHEREAS, the property owner and the commercial tenant were notified of a hearing to
32 be held based on the appeal by the commercial tenant on the revocation of the Conditional
33 Use Permit by the Planning Commission; and
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35 WHEREAS, a hearing was held on November 16, 1992 before the City Council at which
36 oral and documentary evidence was heard and considered by the Council and all parties
37 were given the opportunity to speak and offer opinion and evidence as to whether the
38 Conditional Use Permit should be revoked.
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ReS. No..........9.2-.3.1.0.... N.c.s.
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1 NOW, THEREFORE, BE IT RESOLVED as follows:
2
3 L It is found ordered and declared that Delta Battery Company at the property known
4 as 501 Petaluma Boulevard North,Petaluma, California is found to be in violation
5 of its Conditional Use Permit;
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7 2. The Conditional Use Permit is hereby revoked, the effectiveness of said revocation
8 shall be deferred for ninety (90) days. Therefore, as of 2/14/93, Delta Battery
9 Company shall cease operations at 501 Petaluma Boulevard North, Petaluma,
10 California;
11
12 3. Under the provisions of Zoning Ordinance Section 26-510, no application for a Use
13 Permit for the same or substantially the same conditional use on the same site shall
14 be filed within one (1) year from the date of revocation (~f the Use Permit;
15
16 4. If the business is not voluntarily closed, and following a period of thirty (30) days
17 following the required closure date of 2/14/93, the City Attorney is hereby
18 authorized to take all necessary and appropriate legal actions to effect the cessation
19 of the business and seek fees and costs. The cost of such legal actions, if undertaken
20 by the City or its designee, shall be assessed against the property in accordance .with
21 the provisions set forth in Petaluma Municipal Code Sections 1.15.080-1.15.100.
22
23 5. Notice of this Resolution shall be given to the property owner and the commercial
24 tenant by depositing a copy of the same in the United States Postal Service, first
25 class mail, postage prepaid, within thirty (30) days of the date of its enactment.
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27 deltares/jkt7
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 Cit of Petaluma at a Re ar ail) meetin f °~
on the .......7th----.-..... day of ...............D~~~I?Il~~i:.....---............., 19.2.., by the
following vote: .--~_~=-=-r----,.-. .
City Att rney
AYES: Davis, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: Nelson
ABSENT: Read, W , el
ATTEST: -•--- ---------- --- ...... .... ... ............_...-r 1~. .,......--.....-..
City Clerk
Council File.....-•rr.~~--°-p-°-°-°---..--.°-•. 2
CA 10-85 ~ Res. No.........9.y.-,~t.~,0,,,. N.C.S.