HomeMy WebLinkAboutAGENDA REPORT 1993 1117 CC REG ITEM 09AITEM /• n
AGENDA REPORT
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development
Prepared by Paul Porter, Senior Planner
DATE: November 2, 1993 (CC meeting of November 17, 1993)
SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 1066, MINOR MODIFICATION
NO. 4 (CUSHMAN)
Background
On January 20, 1988, the City Council approved Resolution No. 88-
444 conditionally approving Planned Development Permit No. 1066 for
a car wash and automobile repair center. On June 25, 1991 Minor
Modification No. 1 was approved for modification of the landscape
plans to reflect a revised landscape plan resulting from the
applicant cutting down 11 of 17 trees located on the project site
that were originally required to be saved on the parcel. The minor
modification also required the applicant to replace the removed
trees and limited the hours of operation of the entire site on
Sunday to begin no earlier than 12:00 noon.
On September 22, 1993, the applicant applied for Minor Modification
No. 4 to the Planned Development Permit requesting removal of the
restrictions that were imposed as a condition of approval for Minor
Modification No. 1 to PD 1066 that limited the hours of operation
on Sunday from 12:00 noon to 7:00 p.m.
Staff denied this Minor Modification on the basis that regulating
the hours on Sunday is necessary for public safety and
compatibility with the surrounding church. The imposition of the
restriction of limiting the hours of operation of the entire site
to begin no earlier that 12:00 noon on Sunday was to remain in
effect only as long as the adjacent property is a church.
Discussion
At the October 20, 1993 City Council meeting, this item was taken
off the Consent Calendar for discussion. The City Council
indicated a) to have a temporary removal of the restrictions that
were imposed by Minor Modification No. 1 limiting the hours of
operation on Sunday for the car wash to begin no earlier than 12:00
noon, and b) to authorize the hours of operation to be limited
from 7:00 A.M. to 7:00 P.M. on Sundays for six months beginning on
date that the City issues a Zone Clearance for occupancy by the
Lutheran Church located contiguous to the subject site at 123 South
Park Lane.
PP11:02:93 13:43pmA: \CC1.MBM 1 ACTION:
The City Council appealed the Director's decision to deny the Minor
Modification and directed staff to set this matter on the November
17, 1993 Agenda.
Alternatives:
The City Council asked staff to propose alternative possible
actions for the hearing on November 17, 1993. The alternatives are
as follows, but are not limited to:
a. Deny the applicant's request for a change of hours of
operation on Sundays.
b. Approve the applicant's request without any conditions.
C. Approve the applicant's request with the following
conditions:
1) That the hours of operation on Sundays change to
7:00 A.M. to 7:00 P.M. after the City issues a
Zoning Clearance for Occupancy by the Lutheran
Church at 123 South Park Lane.
2) That the approval will expire six months after the
hours of operation change per condition No. 1.
3) That prior to the expiration date per condition No.
2, the applicant may request an additional hearing
at no cost to the applicant for the purpose of
extending the date of expiration to a date certain
or indefinitely. t ( ;,c t. /, ere G� z�, / LE ` �i� J c" crCZC1.-
Recommendation: - � •L` t " Cc iZ,L. ;'LC'� �L��� G �z. C��c_ "C��A'J'<
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Direct staff as deemed appropriate.
PP11:02:9313:43pmA:\CCI.mm 2