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HomeMy WebLinkAboutPlanning Commission Resolution 2016-08 06/28/2016RESOLUTION NO. 2016-08 CITY OF PETALUMA PLANNING COMMISSION A RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR ADOBE ROAD WINERY TASTING ROOM LOCATED AT 6 PETALUMA BOULEVARD NORTH. APN 008-054-005 FILE NO. PLUP-16-0009 WHEREAS, the applicant, Buckler Family Vineyards, submitted an application for Conditional Use Permit for a new Tasting Room to be located at 6 Petaluma Boulevard North; and WHEREAS, the Project site is zoned Urban Center (T-6) by the Central Petaluma Specific Plan's SmartCode WHEREAS, Table 4.10 of the SmartCode provides that a bar, tavern or night club may be allowed within the T-6 zoning district with issuance of a Conditional Use Permit; and WHEREAS, The proposed project is categorically exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines § 15301, Existing Facilities, as the site is currently developed, and the proposed project involves negligible or no expansion of this existing condition and that the site contains existing public services and facilities sufficient to service the wine tasting room use. WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on June 14, 2016 and a copy of the notice was published in the Argus Courier and mailed to residents and occupants within 500 feet of the site, in compliance with state and local law; and NOW THEREFORE, BE IT RESOLVED: that the Planning Commission herby approves a Conditional Use Permit for Adobe Road Tasting Room based on the findings below and subject to the conditions included herein as Exhibit A: 1. The Adobe Road Tasting Room project conforms with the intent, goals and policies of the Petaluma 2025 General Plan in that the project 1) expands and diversifies Petaluma's retail base, 2) encourages smaller locally owned businesses, and 3) identifies and encourages retail activities that enhance the local agricultural businesses and agricultural products. 2. The Adobe Road Tasting Room project is consistent with the City's SMART Code for the T-6 zoning district in that the project complies with the necessity for obtaining a Conditional Use Permit to operate at that location. 3. The Adobe Road Tasing Room Project is consistent with the Petaluma Implementing Zoning Ordinance §24.030 - Conditional Use Permit and §8.060 - Grounds for Conditional Permit Denial/Revocation, in that all findings can be made as follows IZO 424.030 (G) Considerations for Review of Applications 1. Siting of the Building or Use: Planning Commission Resolution No. 2016-08 Page 1 a. The adequacy of the site to accommodate the proposed use or building and all related activities. The project site is adequate to accommodate a tasting room in that similar uses are already occurring within the Petaluma Mill and in the immediate neighborhood. b. The location and possible screening of all outdoor activities. No outdoor activities are proposed as part of this application; therefore, this finding is not applicable. c. The relation of the proposed building or use to any adjoining building with particular attention to protection of outlook, light, air, and peace and quiet. The proposed use would conduct all activities indoors; therefore, no adverse impact to the outlook, light, air or peace and quiet would occur. However, should noise and/or alcohol- related disturbances become an issue, special conditions of approval have been drafted to compel the permittee to address and resolve (see below for additional discussion). d. The location and character of any display of goods and services and the size, nature, and lighting of any signs. The proposed project excludes the display of goods and services and no signs are proposed as part of this project. Therefore, this finding is not applicable. e. The intensity of the activity. The proposed tasting room would accommodate an estimated daily average of 20 customers, with a maximum of 40 attendees for special events, within an approximate 869 square foot tenant space. The size of the tenant space itself (and compliance with Fire Code maximum occupancy levels) precludes the potential for an intensity of use to be incompatible with neighboring businesses. 2. Traffic Circulation and Parking: a. The type of street serving the proposed use in relation to the amount of traffic expected to be generated. The proposed use would utilize Petaluma Blvd. North for automobile access. Petaluma Blvd. North is a public roadway with one travel lane in each direction with a center turn lane, bike lanes in each direction and sidewalks as well. Therefore, the project would be adequately served by existing roadways. b. The adequacy, convenience, and safety of provisions for vehicular access and parking including the location of driveway entrance and exits. The project site is located within the Downtown Parking Assessment District and, therefore, is not required to provide off-street parking spaces. Existing drive aisles and driveways would not be altered by the project. c. The amount, timing and nature of any associated truck traffic. No truck traffic is proposed as part of this use, therefore, this finding is not applicable. 3. The compatibility of the proposed building or use with its environment, and in particular: Planning Commission Resolution No. 2016-08 Page 2 a. The number of customers or users and the suitability of the resulting activity level to the surrounding uses and especially to any neighbors uses of the unusual public importance such as schools, libraries, playgrounds, churches, and hospitals. The proposed tasting room would accommodate an estimated daily average of 20 customers, with a maximum of 40 attendees for special events, within an approximate 869 square foot tenant space. There are no schools, libraries, playgrounds, churches or hospitals in the immediate vicinity. The size of the tenant space itself (and compliance with Fire Code maximum occupancy levels) precludes the potential for an intensity of use to be incompatible with neighboring businesses. The tasting room will not have an effect on any sensitive uses since none are located nearby. b. Hours of operation. The Tasting Room will operate daily from I I a.m. to 7p.m. and until 8 p.m. by appointment. Hours would be extended to 9:00 p.m. for special events that happen up to ten times per year. These hours of operation are similar and compatible to neighboring businesses. c. Adequacy of provisions for the control of any off site effects such as noise, dust, odors, light or glare etc. The proposed use would conduct all activities within the existing building; therefore, there is no potential for dust, odors, or glare effects. With regard to noise, the indoor nature of the proposed use in conjunction with an absence of nearby residences, indicates that no adverse effects would result. However, should noise and/or alcohol-related disturbances become an issue, special conditions of approval have been drafted to compel the permittee to address and resolve (see below for additional discussion). d. Adequacy of the provisions for protection of the public against any special hazards arising from the intended use. The proposed use does not involve hazardous materials of any type or quantity that would be hazardous to the public health or safety. e. The proportion of total space utilized. The project size is approximately 870 square feet, of which will accommodate a tasting room, office and storage spaces. This size is commensurate with existing small scale commercial uses in downtown Petaluma and, in fact, smaller than many existing businesses also serving alcohol. 4. The expected duration of the proposed building, whether temporary or permanent, and the setting of time limits where appropriate. The proposed use would result in a permanent use (i.e, tasting room) within an existing building. For reasons explained in the findings above, there is no demonstrated need to limit the proposed hours of operation. 5. The degree to which the location of the particular location can be considered a matter of public convenience and necessity. The proposed does not raise any issues indicating a need to determine whether it is a matter of public convenience and necessity. Planning Commission Resolution No. 2016-08 Page 3 U.060 Alcoholic Beverage Establishment (Grounds for Denial/Revocation) Information in the application or supplemental information requested from the applicant is false in material detail. All provided information appears accurate. 2. The operation of the alcoholic beverage establishment is or would be in violation of one or more provisions of these regulations and §24.030 (Conditional Use Permits). The operation of the tasting room may, as demonstrated by the findings above, comply with all regulations in §24.030. 3. The premises where the alcoholic beverage establishment is or will be located does not comply with all applicable laws, including but not limited to, the City's building, health, zoning, and fire ordinances. The tasting room is proposed in a location permitted by local zoning and, after consulting with the Chief Building Official and Fire Marshal, can feasibly comply with all applicable building, health and fire ordinances. 4. That a Conditional Use Permit to operate the alcoholic beverage establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than 10% of the applicants corporate stock, which Conditional Use Permit has been suspended and the period of suspension has not yet ended. The proposed tasting room would be new to this location, therefore, this finding is not applicable. 5. The proposed location of alcoholic beverage establishment would be inconsistent with the considerations described in §24.030(G) (Considerations for Review of Applications). As demonstrated by the findings above, the proposed location is consistent with all considerations described in §24.030(G). 6. The proposed location will adversely affect the welfare of the area residents or will result in an undue concentration in the area of alcoholic beverage establishments. The project concerns the indoor operation of a tasting room which is surrounded by commercial uses. The nearest residential uses are located approximately 450 feet to the east (on the east side of C Street, behind the Petaluma Town Center and Boulevard Cinemas). Therefore, the project would not adversely affect the welfare of the area residents. The proposed location is inappropriate for the proposed use by virtue of its proximity to residential buildings, churches, schools, hospitals, public playgrounds and other alcoholic beverage establishments. The proposed location is appropriate in that it is located in a mixed use area with mainly commercial uses. There are no nearby residences, churches, schools, hospitals, or public playgrounds. There are no other stand-alone alcoholic beverage establishments within the Great Petaluma Mill. Though other restaurants and bars/taverns exist in the area, the Police Department has not expressed a concern about proximity of similar uses or an undue concentration of establishments. 8. The proposed use will be of such size or propose an activity level, i.e., music, entertainment activities, food service, arcade games or other amusement activities, etc. such that it would be incompatible or unsuitable with the uses in and/or character of the surrounding area. Planning Commission Resolution No. 2016-08 Page 4 The proposed use does not propose music, entertainment activities, food service, or arcade games. Therefore, this finding is not applicable. Notice of Conditional Use Permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to his address listed on the application form. Were the Planning Commission to deny this application, a resolution would be passed and fulfill this requirement. 10. An alcoholic beverage establishment Conditional Use Permit may be suspended by the Community Development Director or the Planning Commission for up to one year or revoked for any of the reasons specified as grounds for Conditional Use Permit denial in §8.060(A)(1-8) above or failure to comply with conditions imposed through the Conditional Use Permit. The provisions of this section are included as a special condition of approval (see discussion below and Condition No. 19 at Attachment B. 11. Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Any suspension or revocation shall be done as specified in §24.030(J) of the Petaluma Zoning Ordinance. This section is not applicable since the matter under consideration does not concern a revocation or suspension. ADOPTED this 28th day of June, 2016, by the following vote: Commission Member Aye No Absent Abstain Councilmember Barrett X Vice Chair Benedetti-Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X ATTEST: APPROVED AS TO FORM: other Hines, mmission Secretary Lisa Tennenb um, Assistant City Attorney Planning Commission Resolution No. 2016-08 Page 5 Exhibit A ADOBE ROAD TASTING ROOM FILE NO. PLUP-16-0009 Exhibit A '- CONDITIONS OF APPROVAL Planning: 1. Plans submitted for building permit shall be in substantial conformance with plans date stamped April 12, 2016. 2. All wines stored, displayed, and offered for sale and tasting shall have been produced by Adobe Road Winery, in a Type 02 Bonded Winery located in Sonoma County, 3. Tastings shall only involve traditional wine based products, no other alcoholic beverages are permitted to be tasted or purchased on site. 4. Tasting shall occur indoors at Suite Al identified by the plans date stamped April 12, 2016 and, if permitted by the Department of Alcoholic Beverage Control (ABC), up to two tables immediately outside the front door of this suite but within the interior of the Great Petaluma Mill building. 5. The operation of an alcoholic beverage establishment shall be the responsibility of the permittee personally (if an individual is the permittee) or a manager or designated responsible employee of the permittee at all times. The permittee shall designate the names of all such managers and designated responsible employees in the application and shall advise the Planning Manager in writing whenever any change is made. (IZO §8.074(A)(1)) 6. The permittee personally (if an individual is the permittee) or a manager or a designated responsible employee shall be on the premises at all times during the conduct of business. (IZO §8.074(A)(2)) 7. All employees shall complete a program recognized by the Department of Alcoholic Beverage Control (ABC) as a qualified Responsible Beverage Service Program prior to the commencement of a new business or within ninety (90) days of hire for new employees. The manager of an alcoholic beverage establishment shall maintain on the premises a file containing the certificates of training for all employees. (IZO §8.074(A)(3) and Municipal Code §10.68.050) 8. The alcoholic beverage establishment shall be operated in such a manner so that it at no time violates zoning standards regarding noise generation. Should verifiable noise complaints be received, the Planning Manager may require the applicant to prepare and implement a Noise Management Plan, as provided by IZO §8.074(A)(5). 9. The alcoholic beverage establishment shall be operated in such a manner so that it at no time results in activities counter to public safety. After consulting with the Police Department, should the Planning Manager identify such activities are occurring the applicant may be required to prepare and implement a Security Plan, as provided by IZO §8.074(A)(6). 10. The permittee is hereby duly noticed of the provision of Municipal Code 10.68 (Alcohol -Related Nuisance Ordinance), including but not limited to, its provisions for the abatement of alcohol-related Planning Commission Resolution No. 2016-08 Page 6 nuisances and recovery of responses costs for alcohol-related nuisance activity. 11. The permittee is hereby duly noticed of the provision of Municipal Code 10.66 (Excessive Disturbance CALLSAT Commercial Establishments), including but not limited to, its provisions for the recovery of costs for responding to disturbance calls. 12. The permittee is hereby duly noticed that this conditional use permit may be recalled to the Planning Commission for review at any time due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics as well as for failure to comply with conditions imposed herein. At such time the Commission may revoke the permit, suspend the permit, or add/modify conditions of approval. 13. Bar personnel shall check identification to insure patrons drinking alcoholic beverages are of legal age. 14. This conditional use permit shall be valid only as long as all applicable Alcoholic Beverage Control (ABC), State, and Federal licenses for the winery are also in place. Suspension of the applicant's license by the ABC may constitute sufficient cause or basis for review and possible revocation of a conditional use permit. 15. The applicant shall comply with ABC laws and regulations. 16. The Community Development Director and Chief of Police shall be notified a minimum of 10 days in advance of special events that may attract larger than normal crowds. The Chief of Police may require and the owner/operator shall provide additional qualified security personnel on site to provide adequate crowd control. 17. A business license shall be obtained and remain active for the duration of the use of the site. If more than a twelve (12) month period elapses without an active business license, the use shall be deemed discontinued and a new Conditional Use Permit shall be required to resume operation. 18. No exterior modifications are approved as part of this approval. Any exterior modifications require Site Plan and Architectural Review. 19. Any change to the operation deemed by the Planning Manager to be significant, including but not limited to a change to the hours of operation, square footage and/or level of intensity will require an amendment to this Conditional Use Permit. 20. Signs are not included in this approval. Signs require a separate approval of a sign permit from the Community Development Department. 21. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or preceding against the City, it's boards, commissions, agents, officers, or employees to attack, set aside void or annul any of the approvals of the project, when such a claim or action is brought within the time period provided for any applicable State and/or local statutes. The City shall promptly notify the applicant/developers of any such claim, action or preceding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding and if the City chooses to do so appellant shall reimburse the City for attorney fees. Planning Commission Resolution No. 2016-08 Page 7