HomeMy WebLinkAboutOrdinance 2384 N.C.S. 10/18/2010EFF'EC'TIVE DATE
OF ORDINANCE
November 18, 2010
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Introduced by
Mike Healy
ORDINANCE NO. 2384 N.C.S
Seconded by
Teresa Barrett
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AIVIENDING
CHAPTER 9, SECTION 9.080 OF THE CITY OF PETALUMA IMPLEMENTING
ZONING ORDINANCE REGULATING CARDROOMS
14 WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance
15 ("IZO") provides in pertinent part that no amendment that regulates matters listed in
16 Government Code Section 65850 shall be made to the IZO unless the Planning Commission and
17 City Council find the amendment to be in conformity with the General Plan; and,
18 WHEREAS, an application was filed on May 17, 2010 by the 101 Casino - River Cardroom
19 ("Applicant"), on behalf of Monument Properties, LLC ("Owner") for a Zoning Amendment to
20 amend the text of Chapter 9, Section 9.080 of the IZO to allow for an increase in the number of
21 tables allowed in a cardroom in the City of Petaluma from fifteen (15) to eighteen (18), and to
22 amend the text of IZO Chapter 9, Section 9.090 to allow for cardrooms to be relocated within
23 1,000 feet of other cardrooms; and,
WHEREAS, on June 30, 2010, notice of a July 13, 2010 public hearing to consider the
amendments before the Planning Commission was mailed to all property owners and residents
within 1,000 feet of the 101 Casino at 51.51 Montero Way and to all other interested parties
having requested notice, and 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 a duly-noticed public hearing
in accordance with IZO Section 24.010; and
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
Resolution No. 2010-07, recommending the City Council amend the text of IZO Chapter 9,
Section 9.080, ''Table Limit"; and,
WHEREAS, after the conclusion of said public hearing, the Planning Commission declined
to recommend to the City Council amendment of IZO Chapter 9, Section 9.090, "Limit on
Locations" to delete the existing restriction on locating a cardroom within 1,000 feet of another
cardroom; and,
Ordinance No. 2384 N.C.S. Page 1
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WHEREAS, after the Planning Commission public hearing, the applicant withdrew its
request for an amendment to IZO Section 9.090 without prejudice to reapplication at a later
date; and,
WHEREAS, the Petaluma Police D~partment has reviewed the proposed text
amendments, has conducted an analysis of service calls for the 101 Casino and nearby
properties, and has determined that service calls for the 101 Casino are "average" in terms of calls
generated by other b~sinesses in the general area and are within the Department's service ability;
and,
WHEREAS, the State of California Department of Justice Bureau of Gambling Control has
reviewed the requested amendments as required by state law, and found no apparent violation
of the Gambling Control Act from the requested amendment; and,
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
noticed public hearing to consider the requested amendments.
FINDINGS
The City Council of the City of Petaluma hereby finds:
l. 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 Chapter 9, Section 9.080, because expansion of
table limits at cardroom establishments is expected to generate 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 tor 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 PETALUMA 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
Ordinance No. 2384 N.C.S. Page 2
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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.
INTRODUCED and ordered posted/published this 4'h day of October, 2010.
ADOPTED this 18'h day of October, 2010 by the following vote:
Ayes:
Noes:
Abstain
Absent:
ATTEST:
Barrett; Vice Mayor Glass; Harris; Healy; Rabbitt; Renee; Mayor Torliatt
None
None
None
Claire Cooper, City Clerk
APPROVED AS TO(FOR
Eric Danly, City At
Ordinance No. 2384 N.C.S.
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