HomeMy WebLinkAboutAgenda Bill 6.APart1 10/04/2010w~AL~~
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DATE:
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FROM:
®ctober 4, 2010.
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Honorable Mayor and Members of the City Council through City Manager
Geoff Bradley, Planning Manager
SUBJECT: Introduction of an ordinance amending. the .text of Chapter 9 -Cardroom
Establishments, ,Section 9.080 -Table Limits, of the City "of Petaluma
Implementing Zoning ®rdinance (IZO).
REC®MIVIENDATION
Staff recommends, consistent with "the Planning., Commission's direction, that the City Council
introduce an ordinance amending the text of Chapter 9-Cardroom Establishments, Section
9.080 -Table Limits, of the City of Petaluma Implementing Zoning Ordinance (IZO)
(Attachment A)
BACI~GR®iJND
The applicant, .Monument Properties; LLC, representing .the- 1,01 Casino and River Cardroom,
submitted an application on May 17, 2010 to amend the text of Chapter 9 -Cardroom
Establishments, of the Implementing Zoning Ordinance, as follows:
1) Section 9.080 - to increase the table limit of a cardroom from fifteen (15) to eighteen
(18).
2): Section 9.090 - to remove the restriction on locating cardrooms; within 1,000 feet of
another cardroom. '
The. requested ..amendments would, apply to all future cardroom applications in the City as well as
to the 101 Casino (at 51.51 Montero Way), the only cardroom currently operating in Petaluma. .
The applicant has also applied for .a Minor Conditional Use Permit (CUP) to increase. the table
count to 18 tables at 101 Casino, which would. be processed administratively, if the text
amendment to IZO Sec;. 9.08Q is approved.
After the hearing at the Planning Commission, the applicant withdrew its request for -the
.amendment to IZO section".9.90 (1,000 foot location: limit) without prejudice, to re-apply iri the
future at the time of a prospective application for relocation.. of the River Cardroom, which would
Agenda Review: ~~//~~,yy
Dept. Director~YO City'Attorney Finance Director- City Manager
require a CUP. Under discussion is either a new location in the vicinity of the existing 101
Casino or a reconfiguration of the current 101 Casino building that would. include a separate
cardroom. Staff will determine the appropriate level. of CUP at the time an application is
submitted, most likely a major CUP with hearing before.. the Planning Commission. If a location
is proposed which would. require amendment. to the location limits in Chapter 9 of the IZO, no
CUP could be .approved until that amendment was" heard and approved by the City Council after
Planning Commission consideration. It should be noted that any .relocation application would
also be referred to the State Bureau of Gambling Control for compliance with all applicable
codes and provisions.
The Planning Commission held. aduly-noticed public hearing to consider and recommend both
proposed IZO amendments on July 1.3, 2010. The Commission reviewed project. exhibits and
documents, received testimony from staff, the applicant, the public, and deliberated. Although
the Commission recommended 'the increase" in the table limit, it did not recommend eliminating
the 1,000-foot. restriction between cardrooms because of ,concerns about the potential for over-
concentration of adult-oriented uses in a single :area, the possibility of -increased crime that could
accompany this concentration, and.. the lack of financial "or other benefit to the City. The
Commission, by a vote of 6-1, adopted Resolution 20.10-07 to recommend the amendment to
Sec. 9.080 but not the amendment to Section 9.090.
DISCUSSION
Please refer to the attached Planning Commission staff report :for a discussion and -staff analysis
of the proposed text amendment to IZO Sec. 9.080 with the General Plan 2025, Implementing
Zoning Ordinance, Municipal Code, CEQA, and applicable sections of the California Business
and Professions Code concerning cardrooms and gambling establishments. (Attachment C)
Subsequent to the Planning Commission hearing on July 13, Police Chief Dan Fish conducted a
Crime Analysis comparing service calls for the existing 1.01 Casino with other retail businesses
within a 1,000-foot radius over the last 3 years. The :result of this analysis shows that the
cardroom does not generate more than the average number of service calls generated by nearby
businesses, given its size and' patronage. (Attachment D)
FINANCIAL IMPACTS
:cardroom>~e5tablishmerits provide revenue to the. City of Petaluma from different sources. As
required by Chapter 6:20.,T30:in the Municipal Code, every table in a cardroom pays an annual
fee in the amount of $1=80.00. In addition, just as with other City businesses, cardrooms pay
.016% of gross receipts as a City business tax.
Increasing revenue generated for the City's General Fund from the-.101 Casino is currently under
discussion with the City Manager and Finance Director. Discussions to date have included the
possibility of a development agreement between the. City and Monument Properties LLC as part
of a conditional use permit application for relocation of'the River cardroom, possibly with a new
application to modify the location limit in IZO Sec. 9.090. The intent of the development
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agreement would be Yo provide the City increased revenue from the 101 Casino and/or a
relocated River Cardroom based on revenue sources, percentages, .and related data.
Any development agreement would be governed by the City's development agreement ordinance
and would be subject to approval by the City Council. A CUP application for relocation would
likely require hearing before the .Planning Commission, and if a renewed request for a
modification to IZO Sec: 9.090 were part of the application; it would go to both Planning
Commission and the Council for hearing. This future application would also be referred to the
State Bureau of Gambling Control for their review.
Since a development agreement' would be between the. City of Petaluma and Monument
Properties, LLC, it would govern only the 101 Casino and any relocated River Cardroom. The
development agreement under discussion is prospective• only; .and there are no currently binding
commitments on the part of either the City or 101 Monument Properties, LLC.
Any changes to the IZO provisions would apply to and could benefit potential future Cardroom
applicants without the benefit to the City of a possible development agreement regarding
increased revenue sharing similar to the one being' discussed with Monument Properties LLC.
However, State law (Business & Professions Code §19961 et seq.) limits the City to a 25%
increase in the number of tables and number of cardrooms citywide from the number in existence
on January 1, 1996, the date ofthe City's adopted Cardroom ordinance.. Three additional tables at
101 Casino would equal that 25%: There is also a State moratorium on new Cardroom licenses
until January 1, 2015. Therefore, the prospects for new cardrooms in Petaluma are limited under
existing State law.
ATTACHMENTS
A. Draft Ordinance Amending the Text of Chapter 9,.Section 9.080
B. Planning Commission Resolution 2010-07, July 13, 201.0
C. Planning Commission Staff Report, July 13, 2010
D. Memo from Police ,Chief Dan Fish to the City Manager, dated. August 25, 2010, with
crime analysis attached
E. Letter from the State Bureau of Gambling Control to Derek Farmer, dated .July 15, 2010
F. Conditional Use.Permit.Approval letter, with Conditions of Approval, dated December 9,
2008
G. ~ Letter from. the. State Bureau of Gambling Control to Michael Moore and Steve Hood,
dated February 23, 2009
H. Letter from the. applicant to the City Manager, dated March 15, 2010
I. Letter from the applicant to the Planning Manager; dated May 3, 2010
J. Implementing Zoning Ordinance, Chapter 9 -Cardroom Establishments
1516726.2
Attachment A
Ordinance No.
1
2
3 ORDINANCE OF1HE CITY COUNCIL OF THE CITY OF PETALUNIA AIUIENDING
4 CHAPTER 9, SECTIOFI 9.080~OF THE CITY OF PETALUMAJMPLEMENTING
5 ZONING ORDINANCE REGULATING CARDROOMS
6
7
8 WHEREAS, Section 25.01.0 of the City of Petaluma Implementing Zoning Ordinance ("IZO")
9 provides in pertinent part that no amendment that regulates matters listed in Government
10 Code Section 65850 shall be made to the 1Z0 unless the Planning Commission and City Council
11 find the amendment.. to be in conformity with the General Plan; and
12 WHEREAS, an application was filed on.May 17, 2010 by the 101 Casino -River cardroom
13 ("Applicant"), oh behalf of Monument Properties, LLC ("Owner") for a Zoning Amendment to
14 amend the text of Chapter 9, Section 9.080 of the IZO fio allow for ah increase in the number of
15 tables allowed in a cardroom in the City of Petaluma from fifteen (15) to eighteen (l8), and to
16 amend the text of IZO Chapter 9, Section 9.090 to allow for cardrooms to be relocated within
17 1,000 feet of other cardrooms; and
18 WHEREAS, on June 30, 2010, notice of a July 13, 201>0 public hearing to consider the
19 amendments before the Planning Commission was mailed to all property owners and residents
20 within 1,000 feet of the 101 Casino at 5151 Montero'Way and to all other interested parties
21 having requested notice, and was published in an one-eighfh page notice in the Argus-Courier
22 on July 1, 2010; and
23
24 WHEREAS; on July 13, 20,10, the Planning Commission held adult'-noticed ,public hearing
25 in accordance with IZO Section 24.010; and
26
27 WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
28 Resolution No. 2010-07, recommending the City Council amend the text of IZO Chapter 9,
29 Section 9.080; 'Table Limit"; and
30
31 WHEREAS, after the conclusion of said public hearing, the Planning Commission declined
32 to recommend to the City Council amendment of 1Z0 Chapter 9~, Section 9.090, "Limit on
33 Locations" to delete the existing restriction on locating a cardroom within 1,000 feet of another
34 cardroom; and
35.
3'6 WHEREAS., after the .Planning Commission public hearing; the .applicant withdrew its
37 request for an amendment to IZO Section 9.090 without prejudice to reapplication at a later
38' date; and
39
40 WHEREAS, the Petaluma .Police Department has reviewed the proposed text
41 amendments, has conducted an analysis of service calls for the 101 Casino and nearby
42 properties, and has determined that service calls for the 101 Casino are "average" in terms of.calls
43 generated by other businesses in the .general area and are within the Department's service ability;
44 and
45
46 WHEREAS;, the State of California Department of Justice Bureau of Gambling Control has
47 reviewed the requested amendments as required by state law, and found no apparent violation
48 of the Gambling Control Act from the requested amendment; and
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WHEREAS, on September 23, 2010, a public notice of the October 4, 2010 public hearing
before-the City Council was. mailed to all property owners and residents within 1,000 feet of the
101 Casino at 5151 Montero Way, to all other interested parties having requested notice, and a
notice of the October 4, 2010 public hearing before the Planning Commission was published in
an one-eighth page notice in the Argus-Courier on September 23, 2010; and
WHEREAS, on October 4, 2010, the City Council of the City of Petaluma held a duly
~oticed public hearing to consider the requested amendments.
FINDINGS
The City Council of the City of Petaluma hereby finds:
1. The proposed amendment to IZO Chapter 9, Section 9.080, is in general
conformity . with the Petaluma General Plan 2025 because expansion of cardroom
establishments promotes a diverse economic base that balances economic benefits, supports
local business, and provides opportunities for local workers. Annual table fees set by resolution of
the City Council will cover the City's administrative and permitting costs for the additional tables.
Increasing the number of tables will generate additional revenue from cardroom business taxes,
which are calculated on business gross receipts. The increased business tax revenue will
contribute to the City of Petaluma's economic base and yield net fiscal benefits.
2. The public necessity, convenience and general welfare clearly permit the
adoption of the proposed amendment to IZO Chgpter 9, Section 9.080; because expansion of
table limits at cardroom establishments is expected to generdte increased business revenue for
such businesses in the City and provide increased business tax revenue at no unfunded
administrative or supervision cost to the City. Existing public safety capabilities are sufficient to
respond to increases in requests for police services, if any, from expanding table limits from 15 to
18 tables.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUAAA AS
FOLLOWS:
Section 1. Chapter 9, Section 9.080 of the City of Petaluma Implementing Zoning Ordinance
("IZO") entitled "Table Limit" is hereby amended to read in full as follows:
Section 9.080 -Table Limit
"The number of tables in any cardroom licensed as of the effective date of this Ordinance shall
not be increased, except that every cardroom may have up to eighteen (18) tables. No
cardroom shall have more than eighteen (18) tables. A "table" is defined as an area in which a
single game is played, not exceeding ten players plus a dealer."
Section 2. Except as amended pursuant to Section 1, Chapter 9 of the IZO remains
unchanged and in full force and effect.
Section 3. Publication. The City Clerk is hereby directed to post and/or publish this
ordinance or a synopsis of this ordinance for the period and in the manner required by the City
Charter.
1516713.3
Page
Attachment B
RES®LUTI®I~ ~®. 201007
CITY OF PETA~.UfUTA PLANNI.NC CONAAAISSIOR9
RECOMMENDING THE'.CITY COUNCIL AMEND THE TEXT OF CHAPTER 9,
SECTION 9.080 AND SECTION 9.090, OF THE CITY OF PETALUMA
IMPLEMENTING ZONING ORDINANCE REGULATING CARDROOMS
WHEREAS, Sectioh 25.01.0 of the City of Petaluma Implementing Zoning Ordinance
provides in pertinent part that no amendment shall be made to the Implementing Zoning
Ordinance unless the Planning Commission and City Council find the amendment to be in
conformity with the General Plan; and,
WHEREAS, an application was filed on May 17, 2010 by the 101 Casino -River cardroom
("Applicant"), on behalf of Monument Properties, LLC ("Owner'') for a Zoning Amendment to
amend the text of Chapter 9, Sections 9.080 and 9.090 of the Implementing Zoning Ordinance
to allow for an increase in the number of tables allowed in a cardroom in the City of Petaluma
from fiffeen (15) to eighteen (18) and to allow for cardrooms to be relocated within 1,000 feet
of other cardrooms; and,
WHEREAS, on June 30, 2010 a public notice of the July 13, 201.0 public hearing before the
Planning Commission was mailed to all property owners and residents within 1,000 feet of the 101
Casino at 5151 Montero Way, to -all other interested parties, and' a notice of the July 13, 2010
public hearing before the Planning Commission was published in an one-eighth page notice in
the Argus-Courier on July 1, 2010; and,
WHEREAS, on July 13, 2010, the Planning Commission held aduly-noticed public hearing
in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.010; and
WHEREAS, the Petaluma Police Department has reviewed the proposed text
amendments and has not identified a public safety concern with regard to the requests.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that the
proposed amendment contained in this Resolution to the City's Implementing Zoning
Ordinance, Chapter 9, Section 9.080 is in general conformity with the Petaluma General Plan
2025 because expansion of cardroom establishments promotes a diverse economic base that
balances economic benefits, supports local business, and provides opportunities for local
workers. Additionally, by increasing the number of tables, additional revenues from annual table
fees as well as business license .fees are generated. These fees contribute to the City of
Petaluma's economic base and yield.net fiscal benefits.
BE IT FURTHER RESOLVED that the following proposed dmendment to the Implementing
Zoning Ordinance, Chapter 9, Section 9.080 is hereby recommended to the Petaluma City
Council for consideration and findings in accordance with Section 25:010 of the Implementing
Zoning Ordinance:
Section 9.080 -Table limit
"The number of tables in any cardroom licensed as of the effective date of this Chapter shall not
be increased, except that every cardroom may .Dave up to eighteen (18) tables. No cardroom
Planning Commission Resolution No. 2010-07 Page
shall have more than eighteen (18) tables. A "cable" is defined as an area in which a single
game is played, not exceeding ten players plus a dealer."
BE IT FURTHER RESOLVED tha# the requested amendment to Section 9.090, Limit on
Locations, is not recommended to the City Council for adoption.
ADOPTED this 13~h day of July 2010, by the following vote:
Commissioner Aye No - :_Absent` ~ ' ~Absfdiri•
Abercrombie X
BarreH X
Second Vice Chair Elias X
Herries X
Hurley X
Chair Johansen X
Vice Chair Pierre X
ATTEST:
,~
eoff Bradley, Commissio Secretary
Curtis Jo an ,Chair
APPROVED AS TO FORM:
.~~~
Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No. 2010-07 Page
Attachment C
CITY OF PETALUMA, CALIFORNIA
STAFF REPORT
Community Development Department, Planning Division, 11 English Street, Petaluma, CA 94952
(707) 778-4301 Fax (707) 778-4498 a-mail: planning@cipetaluma.ca.us
DATE: July 13, 2010 AGENDA ITEM NO. 7
TO: Planning Commission
PREPARED BY: Derek Farmer, Senior Planner
REVIEWED BY: Geoff Bradley, Planning Manager
SUBJECT: Text Amendments to the City of Petaluma Implementing Zoning
Ordinance -Chapter 9 -Cardroom Establishments, Sections 9.080 -
Table Limitand 9.090 -Limit on Locations
FtECONtI~l~ld®~1T1®Qd
Staff recommends that the Planning Commission Adopt by Resolution a Recommendation to the
City Council to Amend the Text: of Chapter 9 -Cardroom Establishments, Section 9.080 -Table
Limits and 9.090 -Limit on Locations, of the City of Petaluma Implementing Zoning- Ordinance
(IZO). The proposed Resolution is attached as Attachment A. _
~~OJE~~ ~~l~~J~~~
Project: Project File No. 10-ZOA-0205
Text Amendment to City of Petaluma Implementing Zoning
Ordinance
Project Planner: Derek Farmer
Project Applicant: Monument Properties, on behalf of 101 Casino -River Cardroom
Property Owners: Monument Properties, LLC
Property Size: N/A
Zoning: N/A
General Plan Land Use: N/A
Text Amendments - Cardrooms
Page 1
~92~J~CT I~ACI~Cs'Ft~l9fdD ~BRID ~ES~R~PT10l~
PIt0.9ECT ®ESCRIPTION
This is an applicant sponsored request to amend the text of the City of Petaluma Implementing
Zoning Ordinance (IZO). The applicant, Monument Properties, LLC, has filed for an
amendment to the IZO to allow the 101 Casino (address) to increase the number of tables from
fifteen (15) to eighteen (18) tables and to allow for the River Cardroom to be relocated within
1,000 feet. of the 101 Casino, currently not allowed per Sec. 9.090 of the IZO. The River
Cardroom was previously in operation at 246.Petaluma Boulevard North but is currently not
operational. The applicant currently possesses the active state issued license for the River
Cardroom however.
Although the applicant has not selected a particular piece of property for the River Cardroom, the
applicant desires the option to consider a location in close proximity of the 101 Casino. This is
an area with existing commercial establishments and good visibility and access to Highway 101.
To accommodate this request, Chapter 9 -Cardroom Establishments, of the IZO would have to
be amended in Sections 9.080 and 9.090, as follows:
Section 9.080 -Table Limit
The 15 table limit is proposed by the applicant to be amended as follows:
"The number of tables in any cardroom licensed as of the effective date of this Chapter shall not
be increased, except that every cardroom may have up to €~ eighteen (18) tables. No
cardroom shall have more than eighteen (18) tables. A "table" is defined as an area in which a
single game is played, not exceeding ten players plus a dealer."
Section 9.090 -Limit on Locations
The limitation of no cardrooms within 1,000 feet of one another would be amended as follows:
No cardroom shall be allowed in the following locations:
A. Within two hundred fifty feet of the exterior property limits of any public or private
elementary school,. junior high school, or high school.
B. Within one thousand feet of the exterior structural wall of each business or premises
lawfully occupied by a deem, a massage establishment, or adult entertainment
establishment. All distances referred to in this Chapter shall be measured in a straight
line, without regard to intervening structures, from the closest exterior structural wall of
each business.
Text Amendments - Cardrooms Page 2
~A~KGItOIJ PI D
A Conditional Use Permit (CUP) to establish a cardroom at the former Sonoma Joe's restaurant
at 5151 Montero Way was approved by the City of Petaluma Planning Commission on
November 24, 1992, subject to conditions of approval. Ownership of the property has since
changed hands and now the facility operates as the 101 Casino and Restaurant. Subsequent to
approval of the CUP, the property has received land use and Site Plan and Architectural Review
approvals, including the transfer of property ownership, and various site and landscaping
improvements.
The most recent activity for the facility is as follows:
1) 11/7/2003 -Conditional Use Permit to authorize a transfer of ownership of the 101 Casino,
and add Live Entertainment. This CUP was approved, however, the addition of live
entertainment never commenced and this portion of the approval subsequently expired.
2) 8/14/2008 -Site Plan and Architectural Committee approval for the reconstruction of the
parking lot and landscaping modifications. These improvements were constructed per the
approved plans. Required path of travel ADA access requirements were not installed however
and are presently required to be installed.
The present Planning Commission action involves only the recommendation to the City Council
on the zoning ordinance changes. If approved, the, increased table limit per cardroom and
removal of the prohibition on locating cardrooms within 1000 feet of one another would apply to
all future cardroom applications in the City as well as to the 101 Casino, the only currently
operating cardroom in the City.
101 Casino has also applied for a minor CUP to increase its table count to 18 tables, which
would be processed administratively, if that zoning ordinance change is ultimately approved.
Relocation of the River cardroom would involve amajor-CUP application, and would go to the
Planning Commission after its filing, but is not expected until action on the zoning ordinance
change provides certainty on the 1000. foot limitation.
~~~FF ~~~~~58~
The number of potential cardrooms in the City is limited by the language of Section 9.070, which
states that "it is in the interest.of the public health, safety, and welfare of the City to limit the
number of cardrooms operating in the City to one (1) cardroom for each fifteen thousand
(15,000) persons residing in the City or four (4) cardrooms in total, whichever is less." No
change is being proposed to this section of the IZO.
In addition, Section 9.0201imits cardrooms to the following zoning districts:
MU 1 A -Mixed Use, 1 A
Text Amendments -cardrooms Page 3
MU 1 B -Mixed Use, 1 B
MU2 -Mixed Use, 2
C1 - Commercial 1
C2 - Commercial 2
BP - Business Park
Furthermore, the establishment of a cardroom requires a CUP as defined in Sections 9.040 -
9.058 and required by Chapter 6.20.060 and 6.20.070 of the Municipal Code. At the time the
applicant has selected a potential site for,the relocated River cardroom, a Major CUP application
will be required, and all applicable findings, CEQA provisions and guidelines, and conditions of
approval will be analyzed at that time.
The applicant has filed for a Minor CUP to increase the number of tables at the 101 Casino from
fifteen (15) to eighteen (18). Should the text amendments be adopted, staff will continue with
the processing of this application.
Staff believes that the existing IZO restrictions on cardrooms was intended to avoid over-
concentration of cardrooms in one area. In the past, cardrooms were typically considered a
nuisance land use that may have caused increased levels of crime and a possible decline in
property values. Presently, cardrooms are well regulated, do not necessarily cause in increase in
crime, and are considered a normal location for leisure activities similar to a restaurant, night
club or indoor recreational facility. The Police Department has reviewed these proposed text
amendments that would allow expanded cardrooms and. within proximity to each other and has
not identified any objections from.a public safety perspective.
CEQA DETERMINATION
Staff has determined that the proposed text amendments are categorically exempt. from the
California Environmental Quality Act under Guidelines Sec. 15305 -Minor Alterations in Land
Use Limitations. This exemption is typically used in cases of minor land use definition changes
in areas with an average slope of less than 20%, which do not result in any changes in overall
land use (ie. commercial to residential) or density.
CONSISTENCY WITH THE MUNICIPAL CODE
All cardrooms must be established and must operate within the provisions as stated in the City of
Petaluma Municipal Code Chapter 6.20 -cardrooms. Staff has reviewed the code and has
determined that the proposed text amendments are in compliance with all applicable provisions
in this chapter. In addition, the proposed text amendments have been.referred to the Police
Department, which has enforcement duties for cardrooms per Chapter 6.20.030 of the Muni
Code. The police department has no objections to these proposed amendments.
CONSISTENCY WITH THE GENERAL PLAN 2025
Section 25.010 states that any amendment to the ordinance must be in conformance with the
General Plan. Chapter 9 of the City of Petaluma General Plan 2025 -Economic Health &
Text Amendments -cardrooms Page 4 ~,I
Sustainability, includes. goals and policies to promote the City's economic and fiscal health. The
goals are described in Sections 9.1 -Economic Vitality and Opportunity and 9.2 -Economic
Sustainability. Section 9.1 includes a discussion regarding comprehensive economic strategy, as
follows:
Keys to a Comprehensive Economic Strategy:
Support for economic development by assuring the availability of physical, institutional, and
social capacity to respond to the needs of business.
- Physical capacity includes the availability of sites (land and/or building) that
are of adequate size and in appropriate locations, served with urban
infrastructure (roads and utilities)
The proposed text amendment would be consistent with this goal since it would allow for the
relocation of a cardroom to a site within 1,000 feet of the existing cardroom in an area already
developed with commercial sites and supported. by roads and infrastructure.
In addition, the proposed text amendments conform to the following specific General Plan
policies:
Policy 9-P-6: Realize adequate City revenue from its economic base to sustain the public
services and infrastructure needed by local residential, commercial and industrial
activities.
Policy 9-P-19: Insure the long-term fiscal health of Petaluma, as the City continues to
develop, balancing fiscal concerns with economic, social, environmental, and cultural
values.
D. In expanding Petaluma's business base, seek economic activities that yield
net fiscal benefits to the City.
cardroom establishments provide revenue to the City of Petaluma from different sources. As
required by Chapter 6.20.130 in the Municipal Code, every table in a cardroom pays an annual
fee in the amount of $180.00. They also provide fees from business license fees as a percentage
of gross receipts; the exact amount is considered confidential according to the Department of
Finance.
COIdSISTEPICY IAIITH STATE LAW
cardroom and related gambling establishments and operations are subject to permits and
approvals by the State of California. The owner currently has two cardroom licenses from the
State Bureau of Gambling Control and the California Gambling Control Commission.
In addition, State laws and provisions regulating cardroom and related gambling establishments
are listed in Sections 19961, 19962, 19963, and 19964 of the California Business and Professions
Text Amendments - Cardrooms Page 5
C~
Code. In addition these provisions regulate the amount of expansion an existing cardroom or
gambling establishment may expand.
According. to Sections 19961 and 19962, a City cannot increase the number of tables citywide or
the number of cardrooms by more than 25% from the effective ordinance date of January 1,
1996. Using this formula, the 1 OT Casino could not increase its number of tables by more than
three (3) tables, since it currently has 15 tables. Since the proposed text amendment would allow
for three (3) additional tables, it would be incompliance with this section (see attached letter
from the State Bureau of Gambling Control).
There is a State moratorium on new•gambling licenses until January 1, 20`15. The applicant
currently has two licenses, and therefore would notneed a new license in the event ofthe
relocation of the River cardroom. Therefore, the proposed text amendments would not present
potential conflicts with this State provision.
P~JBLIC 6~9~'i'ICE
A Notice of Public Hearing for the. July 13, 2010 meeting was published in the Argus Courier on
June 24, 2010 and notices were sent to residents and property .owners within 1,000 feet of the
subject property, as well as interested parties who requested notification.
ATT/.~CF9ME~t9'TS
A. Resolution Recommending the City Council ,Amend Chapter 9 - cardroom
Establishments, Sections 9.080 and 9.090, of the Implementing Zoning Ordinance
B. Conditional Use Permit Approval .letter with Conditions of Approval, dated December 9,
1992.
C. Letter from the State Bureau of Gambling Control to Michael Moore and Steve Hood,
dated February 23, 2009.
D. Letter from the applicant to the City Manager, dated March.l5, 2010.
E. Letter from the applicant to the Planning Manager, dated May 3, 2010
F. Implementing Zoning Ordinance, Chapter 9 -cardroom Establishments
Text Amendments - Cardrooms Page 6 ~~
Attachment D
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Police Administration, 969 Petaluma Boulevard North, .Petaluma, CA 94952
(707) 778-4377 Fax (707) 778-4376 E-mail: police@ci. peta/uma. ca. us
DATE: August 25, 2010
TO: John Brown, City Manager
FROM: Dan Fish, Chief of Police
SUBJECT: 101 Casino Statistical Analysis of Calls for Service
At your request, my staff has completed an analysis of calls for service related to the business
located at 5151 Montero Way in Petaluma commonly referred to as the 101 Casino. In
compiling and analyzing the data, we considered a number of factors including the geographical
makeup of the surrounding area, the types of calls for service and the historical trends associated
with the reporting of crimes. In compiling the data we chose a radius of just over 1000 feet from
the 101 Casino in order to capture calls for service from other businesses for comparison
purposes. Other businesses within the radius that were used for comparison include America's
Best Value Inn, Quality Inn, Applebee's, Jack in the Box, Steel Bear Deli, Valero Gas, Beyond
the Glory, Orchard Supply Center and Motel Six. These businesses were chosen due to their
location within the radius and the patrol area.
The following table illustrates the total calls for service to the individual locations during the
fiscal. year. The calls for service include 911 calls, citizen calls and officer initiated activity.
These totals would be considered as the total calls for service to a given location:
Total Calls for Service (traffic stops excluded)t (07/08) (08/09) (09/10)
101 Casino 69 88 84
America's Best Value Inn 162 117 112
Quality Inn 33 56 33
Applebee's 15 16 13
Jack in the Box 26 23 20
Steel Bear Deli 10 24 19
Valero Gas 45 40 26
Beyond the Glory 6 24 17
Orchard Supply Center 187 177 165
Motel Six 298 254 242
~ Traffic stops are not included in the analysis because they skew the resu]ts of the analysis. Traffic stops can be
conducted for many reasons that have no nexus to the business in question. For example a traffic stop that is
recorded at the location of a business may only occur there because it is a safe place for a motorist to pull over.
@~
In order to further break down and explain the analysis, it would be relevant to differentiate
between calls for service that come from the business or citizens :from those that are officer
initiated. The following table outlines how many of the total calls are generated by the
'businesses or citizens calling for service:
Total .Calls for Service. (officer. initiated excluded)Z (07/08). (08/09) (09/10)
101 Casino 23 33 33
America's Best Value Inn 46 27 26
Quality Inn 21 32 22
Applebee's 11 13 8
Jack in the Box 8 12 9
Steel Bear Deli 2 10 4
Valero Gas 29 20 16
Beyond the Glory 6 17 8
Orchard Supply Center 130 127 111
Motel Six 148 102 117
In order to outline emergency calls for service, the following table illustrates the number of 911
calls from each location that were received:
Tota1911 Calls for Service (07/08) (08/09) (09/10)
101 Casino 5 5 9
America'sBest Value Inn 10 4 6
Quality Inn 4 3 5
Applebee's 2 0 1
Jack in the Box ~ 4 10 4
Steel Bear Deli 1 3 1
Valero Gas 3 0 7
Beyond the Glory 0 3 2
Orchard Supply Center 47 48 37
Motel Six 48 16 26
Summary Analysis
In summary, using a formula based on the total calls. for aervice to a given. location, the 101
Casino is average in generating, calls.for service. The total number of calls for service generated
by the location is well within our expectations and response ability. Additionally, the police
department experiences a great deal of cooperation and collaboration when it comes to
enforcement both in and around the location. This relationship multiplies our effectiveness in
the area and is a strong factor in reducing .the calls for service in the entire radius.
For a more detailed illustration. of the types of incidents/crimes that make up the calls for service,
see attached breakdown.
2 Officer initiated calls for service are those incidents where officers are proactively patrolling the area and initiate
some type of law enforcement action at-the location based on their own observations of ituations. These calls are
not a result of the general citizenry or businesses calling for assistance but a resultof aggressive patrol techniques.
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