HomeMy WebLinkAboutPlanning Commission Resolution 2012-05 05/08/2012 RESOLUTION NO. 2012-05
CITY OF PETALUMA PLANNING COMMISSION
DENYING THE APPEAL BY JP MORGAN CHASE BANK
OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION
TO DENY A DRIVE-THRU ATM FOR
CHASE BANK AT 101 WESTERN AVENUE
File No. 12-APL-0196
WHEREAS, on March 15, 2012 a building permit application (permit # 20120264) was
submitted by Security Vault Works for installation of a drive thru ATM at 101 Western Avenue;
and,
WHEREAS, on March 22, 2012,the Community Development Director submitted a
memorandum to the Building Official denying the building permit for inconsistency with General
Plan Policy 4-P-12, and,
WHEREAS, on April 2, 2012, a letter of appeal was filed by Cameryn Erickson of JP Morgan
Chase Bank; and,
WHEREAS, on April 26, 2012 public notice of the hearing for the appeal before the
Planning Commission was published in the Argus Courier and mailed to all property owners and
occupants within 500 feet of the subject property; and,
WHEREAS, The proposed project has been reviewed under the provisions of the California
Environmental Quality Act (CEQA Guidelines). Pursuant to Section 15301 Class 1 of the CEQA
Guidelines the project is exempt per the general rule that the project involves negligible or no
expansion of existing use and therefore no further environmental review is required.
NOW, THEREFORE, BE IT RESOLVED that on May 8, 2012 the Planning Commission fully
considered all evidence presented before and at the duly noticed public hearing regarding this
matter, and on the basis of said evidence and the record of proceedings herein, denies the
appeal of Cameryn Erickson of JP Morgan Chase Bank filed with the City Clerk on April 2, 2012
challenging the Community Development Director's denial of a drive thru ATM for Chase Bank at
10? Western Avenue.
BE IT FURTHER RESOLVED that the Planning Commission, adopts the following
findings for denial of the appeal:
1. The proposed project is inconsistent with General Plan policy 4-P-12, which states,
"Prohibit new drive-thru food and service facilities with the exception of vehicle serving
businesses, such as car wash and oil/lube, and limit expansion of the drive-thru
components of existing facilities which increase idling vehicles."
2. The previous drive thru facility at the bank located at 101 Kentucky served customers by
means of a teller window, and its use was discontinued in or about 1997. The proposed
drive thru would install an Automated Teller Machine (ATM) and require construction of
new facilities. Therefore, the proposed project is considered a new drive thru and is
prohibited by General Plan policy 4-P-12.
Planning Commission Resolution No.2012-05 Page 1
3. Pol 4-P-l2 does not include exceptions or criteria which would permit evaluation and
permitfing of new drive thrus based on the appeal grounds submitted, convenience for
people with disabilities and comparison of the level of drive-thru transaction emissions
from idling vehicle engines to emissions generated by customers parking and turning off
vehicle engines to enter the bank.
ADOPTED this 8 day of May, 2012, by the following vote:
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` ' Aye:- � Nb�-� |-
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Abercrombie X
Elias X
Herries X
Chair Johansen X
Kearney X
Vice Chair Pierre X
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Wolpert X
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Curtis Johansen, Chair
ATTEST: APPROVED AS TO FORM:
‘6,b. /7 A.oetti
Geoff I Bradley, /\|CP, Comr ittee Secretary Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution mo 2012-0 Page 2