HomeMy WebLinkAboutPlanning Commission Resolution 2012-09 06/26/2012 RESOLUTION NO. 2012-09
CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR TACO BELL
TO REMOVE A CONDITION OF APPROVAL OF THE ORIGINAL
CONDITIONAL USE PERMIT AT 406 EAST WASHINGTON STREET
File No. 12-CUP-0262
WHEREAS, on August 8, 1994 the Petaluma Planning Commission approved a Conditional
Use Permit and Mitigated Negative Declaration for the Taco Bell (fast-food restaurant with drive
thru) and required that at least two private security personnel patrol the site from 8pm to closing
of the dining room, seven days per week; and,
WHEREAS, on May 8, 2012 an application was submitted by Phillip Moss of VMI
Architecture requesting a modification of the existing Conditional Use Permit to remove said
mitigation measure (condition) requiring security guards because there has not been a large
demand for police services to the site and the requirement has been a financial burden each
month of approximately $6,000; and,
WHEREAS, the Petaluma Police Department has reviewed said request and supports
removal of the condition based on the facts that the condition was placed on the project at a
time when there was a large amount of gang activity, fighting and problems in the parking
lot/area in the evening hours which no longer exists; that there have been minimal service calls
to the site between January 1, 2011 and June 18, 2012 (129 Calls for Service); and there have
been no noise complaints on record related to the property at this location; and,
WHEREAS, on June 14, 2012 public notice of the hearing 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 Planning Commission held a public hearing on June 26, 2012 during which
the Commission considered the request and received and considered all written and oral public
comments which were submitted up to and at the time of the public hearing in accordance
with the City of Petaluma Implementing Zoning Ordinance; and,
WHEREAS, because the modification of the CUP conditions requiring security guards will
not have a physical effect on the environment, as demonstrated herein, the modification is
exempt from further CEQA analysis pursuant to CEQA Guidelines §15061(b)(3). the 'common
sense' exception, which states that a project is exempt when it can be seen with certainty that
the proposed action will not have a significant effect on the environment; and is further exempt
pursuant to CEQA Guidelines §15301 as a modification to the operation of an existing facility
with negligible or no increase in use.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission approves, subject to the
Conditions of Approval attached as EXHIBIT A and incorporated herein by reference, a
Conditional Use Permit amendment to remove the Mitigation Measure, "Security Measures" No.
1 (b) as contained in the City of Petaluma CUP approval letter dated August 16, 1994, requiring
security guards for the existing Taco Bell, located at 406 East Washington Street based on the
following findings:
Planning Commission Resolution No.2012-09 Page I
1. The proposed project, as conditioned, will not constitute a nuisance or be detrimental to the
public welfare of the community in that it will be operated in conformance with the
standards specified in the Uniform Building Code, the Petaluma Implementing Zoning
Ordinance and is consistent with the City of Petaluma General Plan 2025. The subject
property has a Mixed Use land use designation and is located in an area that includes a mix
of uses (commercial, retail, offices and service uses). The proposed project is consistent with
the General Plan objective to encourage small and locally owned businesses, foster
economic vitality, diversity and opportunity.
2. The proposed project meets the requirements of Section 24.030 of the Implementing Zoning
Ordinance, Conditional Use Permits, as follows:
The proposed Conditional Use Permit amendment request has been reviewed by the
Petaluma Police Department and supports removal of the condition based on the facts that
the condition was placed on the project at a time when there was a large amount of gang
activity, fighting and problems in the parking lot/area in the evening hours which no longer
exists; that there have been minimal service calls that there have been minimal service calls
to the site between.January 1, 2011 and June 18, 2012 (129 Calls for Service); and there have
been no noise complaints on record related to the property at this location.
As conditioned, Taco Bell will be subject to and required to operate within the City
Performance Standards (Chapter 21 of the 170).
As conditioned, the Conditional Use Permit may be recalled to the Planning Commission
should an increase in service calls to the site occur the Police Department may request
reconsideration of said requirement for nightly private security patrol of the site.
ADOPTED this 26th day of June, 2012, by the following vote:
Commissioner - Aye No Absent Ab tain'
Abercrombie X
Elias X
Herries X
Chair Johansen X
Kearney X
Vice Chair Pierre X
Wolpert X
A SA
aLt
Curt Johansen, Chair
Planning Commission Resolution No.2012-09 Page 2
ATTEST: APPROVED AS TO FORM:
Heath - Hines, Commi• o Secretary Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No.2012-09 Page 3
EXHIBIT A
CQNDITIONS'iOFAPPROVAlaP ==w - af'
TACO BELL
406 EAST WASHINGTON STREET
File No. 12-CUP-0262
Planning Division:
1. This Conditional Use Permit Amendment deletes the removal of a mitigation measure
(condition of approval, Security Measure 1 b and pursuant to the letter of approval from the
City of Petaluma dated August 18, 1994) imposed by the Petaluma Planning Commission on
August 8, 1994 approving a Conditional Use Permit and Mitigated Negative Declaration
which required that at least two private security personnel patrol the site from 8:00 p.m. to
closing of the dining room, seven days per week.
2. All other mitigation measures/conditions of approval imposed by the Petaluma Planning
Commission on August 8, 1994 approving a Conditional Use Permit and Mitigated Negative
Declaration (pursuant to the letter of approval from the City of Petaluma dated August 18,
1994) shall remain in full force and effect.
3. The applicant shall defend, indemnify and hold harmless the City and its officials, boards,
commissions, agents, officers and employees ("Indemnitees") from any claim, action or
proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of
the project. The applicant's duty to defend, indemnify and hold harmless in accordance
with this condition shall apply to any and all claims, actions or proceedings brought
concerning the project, not just such claims, actions or proceedings brought within the time
period provided for in applicable State and/or local statutes. The City shall promptly notify
the subdivider of any such claim, action or proceeding concerning the subdivision. The City
shall cooperate fully in the defense. Nothing contained in this condition shall prohibit
the City from participating in the defense of any claim, action, or proceeding, and if the City
chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the
City.
Petaluma Police Department:
4. Should increase in service calls to the site occur the Police Department may request
reconsideration of said requirement for nightly private security patrol of the site by the
Planning Commission.
5. Within sixty (60) days of the date of this approval, the applicant shall provide the Petaluma
Police Department and the Planning Division with an updated Site Maintenance and
Security Monitoring Program. Said Program shall be to the satisfaction of the Petaluma
Police Department and the Planning Division.
Planning Commission Resolution No. 2012-09 Page 4