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HomeMy WebLinkAboutPlanning Commission Minutes 05/14/2013Planning Commission Minutes of May 14, 2013 Page 1 City of Petaluma, CA City Council Chambers City Hall, 11 English Street Petaluma, CA 94952 Telephone 707/778-4301 / Fax 707/778-4498 E -Mail cdd@ci.petaluma.ca.us Web Page http://www.ci.petaluma.ca.us Planning Commission Minutes Tuesday, May 14, 2013 - 07:00 07:00:11 PM Planning Commission Minutes 1. ROLL CALL: (07:01 PM) Present: Kathy Miller, Melissa Abercrombie, Dennis Elias, Alicia Kae Miller, Ray Johnson, Bill Wolpert Absent: Jennifer Pierre 2. APPROVAL OF MINUTES: April 23, 2013 Planning Commission Minutes. (07:01 PM) Motion: Approve April 23, 2012 Planning Commission Minutes. Moved by Kathy Miller, seconded by Alicia Kae Miller. Vote: Motion carried 5-0. Yes: Kathy Miller; Melissa Abercrombie; Dennis Elias; Alicia Kae Miller; Bill Wolpert Abstain: Ray Johnson Absent: Jennifer Pierre 3. PUBLIC COMMENT: (07:02 PM) The Commission will hear public comments only on matters over which it has jurisdiction. There will be no Commission discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. Public Comment Opened Public Comment Closed 4. CORRESPONDENCE: Receive information from staff on Commission Correspondence since the previous Planning Commission meeting. (07:02 PM) 5. PLANNING MANAGER'S REPORT: (07:02 PM) Receive Planning Manager's Report. Heather Hines, Planning Manager Commissioner Elias Planning Commission Minutes of May 14, 2013 Page 2 Ms. Hines 6. COMMISSIONER AND LIASION REPORTS: (07:05 PM) Receive reports from Commissioners and standing Commission Liaisons. Council Member Miller Heather Hines, Planning Manager Council Member Miller Commissioner Miller Council Member Miller Commissioner Abercrombie Commissioner Elias Commissioner Johnson Chair Wolpert 7. PUBLIC HEARING: NEW BUSINESS: (07:15 PM) Application for determination of Public Convenience or Necessity for Target for issuance of ABC Type 20 (Off Sale General) license. TITLE: Target PCN ADDRESS: 401 Kenilworth Drive FILE NUMBER:PLPC-13-0001 STAFF: Irene Borba Staff Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Irene Borba, Senior Planner Commissioner Johnson Ms. Borba Heather Hines, Planning Manager Chair Wolpert Commissioner Elias Ms. Borba Chair Wolpert Commissioner Johnson Ms. Borba Chair Wolpert Beth Aboulafia, Applicant representing Target Chair Wolpert Public Comment Opened Robert Mohit, Petaluma resident Chair Wolpert Mr. Mohit Planning Commission Minutes of May 14, 2013 Page 3 Richardo Bianco, Target Store Manager Chair Wolpert Public Comment Closed Council Member Miller Commissioner Abercrombie Ms. Hines Commissioner Abercrombie Commissioner Elias Chair Wolpert Commissioner Elias Chair Wolpert Council Member Miller Ms. Hines Council Member Miller Ms. Hines Commissioner Miller Ms. Borba Ms. Hines Commissioner Johnson Chair Wolpert Commissioner Johnson Commissioner Miller Chair Wolpert Commissioner Abercrombie Ms. Hines Commissioner Abercrombie Chair Wolpert Commissioner Elias Ms. Hines Commissioner Elias Commissioner Johnson Commissioner Miller Council Member Miller Commissioner Elias Ms. Hines Commissioner Abercrombie Kathleen Faubion, Assistant City Attorney Chair Wolpert Motion: Approve Resolution determining that Public Convenience or Necessity would be served by issuance of ABC Type 20 (Off Sale General) license for Target, with the change to finding number six, that the number of licenses in the census reflect the actual number of licenses in the census track. Moved by Dennis Elias, seconded by Ray Johnson. Planning Commission Minutes of May 14, 2013 Page 4 Vote: Motion failed 2-4. Yes: Kathy Miller; Ray Johnson No: Melissa Abercrombie; Dennis Elias; Alicia Kae Miller; Bill Wolpert Absent: Jennifer Pierre Ms. Hines Ms. Fabion Commissioner Elias Commissioner Abercrombie Ms. Fabion Motion: to deny Resolution for determination of Public Convenience or Necessity for Target for issuance of ABC Type 20 (Off Sale General) license based on the following guidelines that were not met: the extent of alcoholic sales related to the function of the proposed use and the possibility of operating in a viable fashion without alcohol sales, proximity to public swimming pool Live Oak Charter School, and 360 Church, the incapability of the proposed use with the adjoining business within the shopping center that are also selling alcohol, and finding that the request does not meet the threshold for public convenience and necessity. Moved by Bill Wolpert, seconded by Dennis Elias. Vote: Motion carried 4-2. Yes: Melissa Abercrombie; Dennis Elias; Alicia Kae Miller; Bill Wolpert No: Kathy Miller; Ray Johnson Absent: Jennifer Pierre Ms. Fabion Ms. Hines Commissioner Abercrombie Ms. Hines Commissioner Abercrombie Chair Wolpert 8. ADJOURN: (08:07 PM) Adjourn to the next regularly scheduled Commission meeting. APPEAL STATEMENT: Within fourteen (14) days following the date of a decision of the Planning Commission, the decision may be appealed to the City Council by the applicant or by any other interested party. If no appeal is made within that time, the decision shall be final. An appeal shall be addressed to the Council in writing and shall be filed with the City Clerk. Said appeal shall be accompanied by the appeal fee as specified by Resolution 2010-206-N.C.S. as adopted by the City Council. The appeal shall state specifically the grounds for the appeal and the relief sought by the appellant. (Zoning Ordinance §24.070)