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HomeMy WebLinkAboutResolution 90-064 N.C.S. 03/05/1990>, FZesoluti®n N®. 90-64 N C.S. of the City of Petaluma, California RESOL~JTION ~JPI-IOLDING APPEAL OF TWO CONDITIONS OF PLANNING COMIVIISSION APPROVAL OF A IJSE PERMIT FOIE CAVANAGII INN WHEREAS, Billie Erkel requested approval of a conditional use permit to allow a bed and breakfast inn at #'s 8 and 10 Keller Street, Sonoma County Assessor's Parcel Number 008- 051-05; and, WHEREAS, the Planning Commission considered the application during a public hearing on January 23rd, 1990, at which time the conditional use permit was approved based on specific findings and subject to specific conditions; and, WHEREAS, the applicant appealed two of the conditions of ap royal in accordance with applicable provisions of the Zoning Ordinance (No. 1072 N.C.O..~; and, WHEREAS, the appeal was considered by the City Council on March 5, 1990, during which time public testimony was heard and considered prior to the Council rendering its decision; NOW, THEREFORE, BE IT RESOLVED that the City Council amends the conditional use permit approval of a bed and breakfast inn to include group functions as an accessory use at 8 and 10 Keller Street, based on the following findings and subject to the following conditions: Findings: 1. The proposed use, subject to the conditions of approval, conforms to the intent and requirements of the Zoning Ordinance and the General Plan. 2. This use will not constitute a nuisance or be detrimental to the public welfare of the community due to the mitigation measures incorporated in the conditions of approval. Conditions: (Bed and Breakfast) Operation of the bed and breakfast facility shall be limited to the provision of an aggregate of five (5) guestrooms unless and until the zoning ordinance is amended to allow more than five. At that time, up to eight (8) guestrooms may be allowed under this use permit unless restricted by other provisions of the zoning amendment. In any case, the use shall comply with mandatory operating conditions, as follows: a. The inn owner or manager must reside at the inn. b. Fire and life safety requirements may be imposed as a condition of approval including requirements for installation of approved smoke detectors in each guest room, the installation of a fire extinguisher at the inn, the posting of an evacuation plan in each guest room, or an approved fire sprinkler system. ass. rvo............90-64.... n.cs. 1 of 3 ,, r- Requirements for the conversion of occupancy as required by the Fire Marshal and Building Inspector shall be met prior to commencement of use. c. The inn owner shall obtain the following required Sonoma County Health Department approvals prior to the commencement of the use: 1. Submit plans and specifications of food preparation and storage. d. City Departments may periodically conduct an inspection of the inn during regular business hours to determine compliance with use permit conditions, the Zoning Ordinance and other applicable ordinances and laws they administer. A warrant shall be obtained when required by law. (Group Functions) 2. Permitted accessory uses shall be limited to use of the yard and ground floor areas of 10 Keller Street for conferences, weddings, fundraisers, and similar events attended by non-guests of the inn. 3. Inside attendance shall not exceed 49 people; outdoor attendance of up to 100 people. (General) 4. Any requirements of the Fire Marshal or Building Division shall be completed within the time frame deemed necessary by each office. 5. This use permit may be recalled to the Planning Commission for review at any time due to complaints regarding traffic congestion, noise generation or other potentially detrimental operating characteristics. At such time, the Commission may repeal the use permit or add/modify conditions of approval. 6. Major Traffic Facilities Improvement Fees: The project sponsor shall, prior to issuance of a building hermit, pay a fee of $50.00 per daily trip end estimated to be generated by said project. Tnp generation figures shall be as determined by the Citx Engineer. If the City establishes a Major Facilities Traffic Mitigation fee prior to issuance of a building permit, the fee for said project shall thereinafter be the major facilities traffic mitigation fee. 7. All exterior modifications, demolition and/or additions (including fences and signs) shall be subject to review and approval of the Historic and Cultural Preservation Committee prior to commencement of use. $. Curb, gutter and sidewalk shall be replaced and/or repaired along the parcel frontage prior to commencement of use of 10 Keller Street subject to review and approval of City Engineer. 9. Groundcover planting shall be provided at curbside frontage, subject to administrative approval, prior to commencement of use of 10 Keller Street. 10. Conversion of overhead utilities to underground for both structures shall be completed in conjunction with the improvements of the Keller Street Underground District. Reso. 90-64 NCS 2 of 3 ;r 11. This property shall begin financial participation in the Parking Assessment District, as determined by the City Manager, commencing with change of use. BE IT FURTHER RESOLVED that the City Council of the City of Petaluma upholds the appeal of Billie Erkel thereby amending Planning Commission approval of the conditional use permit. BE IT FURTHER RESOLVED that the City Council finds that no further environmental review is necessary and hereby incorporate by reference the Negative Declaration adopted in February, 1987 for the same use on the same site. cavanagh / councill 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~~---- ed as to Council of the City of .Petaluma at a (Regular) o~x'>~e~x6Sine~~ meeting on the ..5.th ................ day of ..............March.........-......................, 19.,~D., by the _ following vote: ~--.-J. - ~ity'A orney AYES: Tencer, Woolsey, Balshaw, Davis, Mayor Pro Tem Cavanagh NC+ES: 0 ABSENT: Vi Ma Mayor Hilligoss ATTEST: ----•-• .. ........... -- - - ........-...-.. ~................... City Clerk M~r Pro Tem Council File-.•------- ....................... cn io-s5 Res. Na.........9.0-64....... N.cs. 3 of 3