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HomeMy WebLinkAboutResolution 90-397 12/10/19901 2 3 4 5 ~es®ll.,itl®1"1 No. 90-397 N ~.5. of the City of Petaluma, California RESOLUTION UPHOLDING APPEAL OF PLANNING COMMISSION CONDITION OF A CONDITIONAL USE PERMIT (CHEVRON, USA) 6 WHEREAS, Robert H. Lee and Associates, on behalf of the property owner, Chevron 7 USA, requested approval of a conditional use permit amendment to allow expansion of an 8 existing service station and convenience market at 1440 East Washington, Sonoma County 9 Assessor's Parcel Number 007-280-43; and 10 11 WHEREAS, the Planning Commission considered the application during a public hearing 12 on September 25, 1990, at which time the conditional use permit was conditionally 13 approved based on specific findings; and 14 15 WHEREAS, the applicants appealed the decision relative to Condition #9 requiring 16 modification to an existing driveway, in accordance with applicable provisions of the 17 Zoning Ordinance {No. 1072 N.C.S.); and 18 19 WHEREAS, the appeal was considered by the City Council on November 19, 1990, during 20 which time public testimony was heard and considered prior to the Council rendering its 21 decision; 22 23 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma 24 upholds the appeal of Robert H. Lee and Associates on behalf of Chevron USA amending 25 the decision of the Planning Commission by amending the conditional use permit findings 26 and deleting Condition #9 relative to driveway modifications. 27 28 BE IT FURTHER RESOLVED that the City Council finds as follows: 29 30 Findings for Conditional Use Permit: 31 1. This service station has been long established and used by neighborhood residents 32 without adverse effects and is therefore permitted by public convenience and 33 necessity. 34 35 2. The proposed convenience market use is in accord with the objectives of the Zoning 36 Ordinance and the purposes of protecting and servicing the commercial center in 37 the Central Commercial district in which the site is located. 38 aes. v~........9..0.-.3.9.7.... N.cs. 1 3. That the prohibition of alcohol sales is appropriate given the location of this business, past testimony of the Police Department and previous policy decisions of the City Council. 4. The use does not break up continuity for pedestrians of retail store frontage. 5. The use, subject to the recommended conditions, will not be a nuisance to residences and other surrounding uses. 6. The proposed use meets the requirements of Zoning Ordinance Section 21-403 ("Special Standards and Considerations Governing Particular Uses"). 7. The proposed structure and use, subject to the conditions, will conform to the requirements and the intent of the Petaluma General and Environmental Design Plans, and that this use will not under the circumstances constitute a nuisance or be detrimental to the public welfare of the community. BE IT FURTHER RESOLVED that the project shall be subject- to conditions of approval as follows: Conditions: 1. No sale of alcoholic beverages is permitted. 2. This use permit shall not be valid, nor any building permits issued for the requested expansion until such time as the following are brought into conformance with previously approved conditions of approval and current sign regulations as follows: a. All outdoor display racks shall be removed (e.g. cold drinks, oil products, etc.) b. All signs shall be removed or modified to conform with adopted sign regulations including issuance of sign permits. c. The freestanding price signs shall be placed so they do not limit sight distance for vehicles or pedestrians, and shall be modified and/or relocated so as to conform to applicable City Sign regulations. 3. There shall be no storage or sale of vehicles on the site; no outdoor auto repair or storage or display of tires, motor oil or other products related to the business; and Reso. 90-397 N.C.S. 2 no parking lot vendors (i.e., no sales of "laser art" velvet paintings, tools, pottery, etc.). 4. The service station/convenience market shall conform with Zoning Ordinance Article 22 ("Performance Standards; including Noise; Vibration; Odors; Glare; Fire and Explosion Hazards; Heat; Electrical Disturbances; Smoke, Fumes, Gases, Dust; Wastes") and Section 21-403 et al ("Special Standards for Gasoline Service Stations"). 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 objectionable operating characteristics. At such times, the Commission may repeal the use permit or add/modify conditions of approval. 6. All building modifications and site design work is subject to SPARC approval, with emphasis on providing additional landscaping. 7. No portable or movable display racks shall be permitted on the exterior grounds. 8. The following requirements of the Fire Marshal shall be met prior to the issuance of a building permit: a. No extension cords. All equipment and appliances shall be direct plug-in. b. Provide metal or flame retardant plastic waste cans. c. Exiting: exit ways, exit doors shall conform to 1988 Edition of the Uniform Fire Code and Uniform Building Code. d. Provide fire extinguisher 2 A-20 B C rated A B C dry chemical type as required by the Fire Marshal. e. Distance to any fire extinguisher shall not exceed 75 feet in any direction. f. Extend existing sprinkler system to protect all areas of new addition to building and any alterations to building. 9. The following requirement of the Building Inspector shall be incorporated into plans submitted for issuance of a building permit: a. Occupancy of canopy appears to be 'B-1'; Foodmart appears to be 'B-2'; therefore, one-hour separation required between them." Reso. 90-397 N.C.S. 3 1 10. All conditions of approval associated with the previously granted conditional use 2 permit shall remain in full force and effect, unless otherwise amended by this action. 3 4 5 6 BE IT FURTHER RESOLVED that the City Council finds that the ..requirements of California Environmental Quality Act Guidelines, Section 15083, have been satisfied and hereby incorporate by reference the Mitigated Negative Declaration adopted by the Planning Commission on September 25, 1990. 7 8 9 10 11 resChev/council-5 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 City of Petaluma at a (Regular) (j >~}s~l~ meeting form on the ....10 t h•--•--...... day of .............December._..............._......., 19...E Q, by the following vote.: City Attorney AYES: Balshaw, Sobel, Davis, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss NOES: ~ ABSENT: Tencer ~, ~ ~ ' ATTEST : ................ ... ... .. - .......... .._........... .... yClerk Mayor Council File .................................... 4 cn io-ss Res. No.....9p.-.3.9.]........ n~.cs.