HomeMy WebLinkAboutResolution 00-140 N.C.S. 07/24/2000
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Resolution No. 00-1.40 N.C.S.
of the City of Petaluma, California
t UPHOLDING THE APPEAL OF THE REVOCATION OF THE CONDITIONAL USE
2 PERMIT HELD BY THE FORMER BAKER STREET BAR AND GRILL AT
3 205 KENTUCKY STREET, APN 006-275-023
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6 WHEREAS on November 12, 1996 the Planning Commission approved a Conditional Use
7 Permit authorizing Tom Baker to operate Baker Street Bar & Grill as an alcoholic beverage
8 establishment with specific commercial recreation activities, including live entertainment;
9 and
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11 WHEREAS on December 16, 1996 the City Council made the determination that Public
l2 Convenience or Necessity would be~served by the issuance of a State of California Alcoholic
13 Beverage Control License to Baker Street Bar & Grill; and
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l5 WHEREAS based on the complaints received by the Planning Department for the 5-month
16 period of May 1999 through August 1999 regarding live music and patron in the bar, patrons
17 outside the bar front doors, and patrons leaving the bar and on the street/in the neighborhood
18 of the bar engaged in loud conversations and fights; and by the numerous calls for service for
19 Police personnel assistance, the Conditional Use Permit was recalled; and
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21 WHEREAS on September 14, 1999 the Planning Commission held a noticed public hearing,
22 heard testimony and reviewed Baker Street Bar & Grill's Conditional Use Permit and Public
23 Convenience or Necessity determination; and
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25 WHEREAS on September 14, 1999 the Planning Commission revoked the Conditional Use
26 Permit held by Baker Street Bar & Grill, and forwarded a recommendation to the City
27 Council that they overturn the determination that Public Convenience or Necessity is served
28 by the business's retention of its State of California Alcoholic Beverage Control license; and
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3o WHEREAS on September 28, 1999 the revocation was appealed by Barry Parkinson on
31 behalf of Jon Jernigan and Jim Maestretti, the owners of the property; and
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33 WHEREAS a noticed public hearing was held by the City Council on November 15, 1999;
34 and July 24, 2000; and
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36 WHEREAS based on the business plan submitted by the appellants to the City Council, the
37 City Council found that Public Convenience or Necessity would be served by this property
38 retaining the Conditional Use Permit, and allowing a Type 47 (On Sale General -eating
39 place) State of California Alcoholic Beverage Control license due to the proposed significant
4o change in operating characteristics and reduced hours of the proposed restaurant.
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00-140 Page 1 of 4
Resolution No. N.C.S.
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~ NOW THEREFORE, BE IT RESOLVED, that the City Council hereby upholds the appeal
2 of the Planning Commission's action, thereby reversing the Planning Commission's
3 revocation of the November 12, 1996 Conditional Use Permit for an alcoholic beverage
4 establishment with commercial recreation and live entertainment, and determines that public
5 convenience or necessity would be served by the retention of an ABC license based on the
6 following findings and subject to the following amended conditions:
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8 FINDINGS:
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l0 1. That the proposed operating characteristics of the new tenant, the Cajun Moon
u Restaurant, with reduced hours, activities and alcohol service will not constitute a
12 nuisance to the neighborhood, nor require calls for service from city staff.
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14 2. The granting of a Conditional Use Permit to authorize the operation of an Alcoholic
15 Beverage Establishment with Commercial Recreation, as conditioned, is consistent
16 with the requirements and intent of the Central Commercial Zoning District
17 (Petaluma Zoning Ordinance Article 12), as the variety of the Commercial Recreation
i 8 uses proposed to be combined with an Alcoholic Beverage Establishment are not
19 typically located within an individual business in the Central Commercial District.
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2l 3. The operation of an Alcoholic Beverage Establishment with Commercial Recreation,
22 as conditioned, will conform to the requirements and intent, goals, and policies of the
23 Petaluma General Plan, which encourages small, locally-owned businesses which
24 attract visitors and shoppers downtown and upgrade the development of commercial
25 ventures, and supports the economic viability of the downtown area.
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27 4. The operation of an Alcoholic Beverage Establishment with Commercial Recreation
28 will not constitute a nuisance or be detrimental to the public welfare of the
29 community, as a Conditional Use Permit will provide a benefit to the community by
30 virtue of its presence, and ability to regulate the operating characteristics. Further, the
31 conditions of approval will address operational aspects of the use that have the
32 potential for creating a nuisance.
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34 5. The operation of an Alcoholic Beverage Establishment with Commercial Recreation
3S is consistent with the requirements set forth in Zoning Ordinance Sections 21-
36 430.24(A)(1 through 13), and Article 12, as conditions have been imposed to regulate
37 operating characteristics.
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39 6. Public Convenience or Necessity will be served by The Cajun Moon Restaurant
40 obtaining a type 47 (On Sale General -eating place) State of California Alcoholic
41 Beverage Control license, as the percentage of alcohol sales is proposed to be
42 subordinate to the food sales.
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Reso. 00-140 NCS Page 2 of 4
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CONDITIONS:
For the Alcoholic Beverage Establishment:
1. The Alcoholic Beverage Establishment shall comply with all rules, regulations and
requirements of the Petaluma Zoning Ordinance, the Petaluma Municipal Code, and
the State of California Department of Alcoholic Beverage Control. Suspension. of the
applicant's license by the ABC may constitute sufficient basis for review and possible
revocation of this Conditional Use Permit.
2. This Conditional Use Permit to authorize the continuance of an Alcoholic Beverage
Establishment is hereby issued exclusively to Jon Jernigan and Jim Maestretti, owners
of the property located at 205 Kentucky Street, Assessor's Parcel No. 006-275-023.
3. The hours of operation for the bar shall be Sunday through Thursday: lOAM to
l OPM; Friday and Saturday: LOAM to 11 PM
4. No off-sale alcohol sales shall be permitted.
For the Commercial Recreation:
5. The proposed commercial recreation activities, including: live entertainment,
banquets, dances, private parties, films, lectures, business meetings, and charity
events shall be the limit of the activities permitted at this site. Any activity not
specifically named in the above shall be prohibited without amendment to this CUP.
Intensification or expansion of the use, such as provision of additional type of
commercial recreation, expansion of hours shall require an amendment of this CUP.
No "Adult entertainment" activities, as defined in Section 21-410 through 21-410.48,
shall be permitted without amendment to this CUP.
6. The hours of operation for the commercial recreation and live entertainment shall be
as follows:
a. Commercial Recreation (banquets, dances, private parties, films, lectures,
business meetings, charity events):
Sunday through Thursday: l OAM to IOPM
Friday and Saturday: 1 OAM to 11 PM
b: Live entertainment
Sunday through Thursday: lOAM to l OPM
Friday and Saturday: lOAM to 11PM
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Reso. 00-140 NCS Page 3 of 4
2 Any expansion of these hours shall be subject to review and approval by the Planning
3 Commission.
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5 7. To reduce potential noise impacts on the neighborhood, all exterior doors shall
6 remain closed at all times. At no time shall live entertainment exceed 75 db per City
7 Zoning Ordinance Section 22-301.
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9 8. At no time shall business activities exceed Performance Standards specified in the
10 Uniform Building Code, Section 22-301 of the Petaluma Zoning Ordinance, and the
11 1987 General Plan.
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13 9. This CUP for an Alcoholic Beverage Establishment with Commercial Recreation
14 shall be recalled to the City Council in six (6) months, for a review of all operating
15 characteristics. The CUP may be recalled at any time to the Planning Commission
16 due to complaints regarding lack of compliance with conditions of approval, noise
17 generation, or other adverse operating characteristics. At such time, the Commission
l 8 may revoke the CUP or add/modify conditions of approval.
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20 10. The applicant shall defend, indemnify, and hold harmless the City or any of its
21 boards, commission, agents, officers, and employees from any claim, action or
22 proceeding against the City, its boards, commission, agents, officers, or employees to
23 attack, set aside, void, or annul, the approval of the project when such claim or action
24 is brought within the time period provided for in applicable State and/or local statutes.
25 The City shall promptly notify the applicant of any such claim, action, or proceeding.
26 The City shall coordinate in the defense. Nothing contained in this condition shall
27 prohibit the City from participating in a defense of any claim, action, or proceeding if
28 the City bears its own attorney's fees and costs, and the City defends the action in
29 good faith.
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31 Hjktvabtvbarsvbsbgjuly24reso
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma. at a ~~ii$afpC j~jo`G3G~§~ (Special) meeting ~, f
on the ---~ 4th------.... day of .........July.......-..200.x ................ 19........, by the _.
following vote: -
City Attorney
AYES: Healy, Keller, Maguire, Hamilton, Vice Mayor Torliatt, Mayor Thompson
NOES: None
ABSENT: Cader-Thompson
ATTEST : ..........:...... --•- •- •-•--.... . .. -....
oEPIJiY City Clerk
cn iu.rt5
Mayor
(.bunch Fil~} .............
Rcs. No.......`'.0.. .....~~.. N.C.S.
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