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HomeMy WebLinkAboutPlanning Commission Resolution 2016-13 08/23/2016RESOLUTION 2016 -13 CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF AN ALCOHOLIC BEVERAGE ESTABLISHMENT WITHIN THE BOULEVARD CINEMAS LOCATED AT 200 C STREET APN 008 - 054 -005 FILE NO. PLUP -16 -0008 WHEREAS, Dave Corkill (applicant) and Lou Barbacoia (property owner), Boulevard Cinemas, submitted a Conditional Use Permit application to allow beer and wine service ( "Project ") within the existing movie theater located at 200 C Street ( "Project Site ").; and WHEREAS, the Project Site is zoned Urban Center (T5) and Urban Core (T6) by the Central Petaluma Specific Plan's Smart Code; and WHEREAS, the existing movie theater is a permitted use in the T -5/T -6 zoning districts; and WHEREAS, the application seeks approval to serve beer and wine at the theater's existing concession stand and with potential wait staff in existing auditoriums; and WHEREAS, the addition of beer and wine ,sales for on -site consumption does not change the existing principal use as a theater; and WHEREAS, food service at the theater, including some expansion to the kitchen facilities and menu, does not meet the city's definition of a full service restaurant; and WHEREAS, the sale of beer and wine for on -site consumption at the theater and not associated with a full service restaurant is considered an 'Alcoholic Beverage Establishment' as defined by Implementing Zoning Ordinance §8.020(A); and WHEREAS, Implementing Zoning Ordinance §8.020(A) defines an 'Alcoholic Beverage Establishment' as follows, "A commercial and non- commercial establishment wherein alcoholic beverages are sold, served, or given away for consumption on the premises, excluding full- service restaurants. Typical alcoholic beverage establishments include but are not limited to the following recognized types of establishments: bars, cocktail lounges, ballrooms, dance bars, piano bars, billiard or game parlors, bowling alleys and nightclubs. "; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on August 23, 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: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on the staff report, staff presentation, and comments received at the public hearing, the Planning Commission makes the following findings based on substantial evidence in the record: Planning Commission Resolution No. 2016 -13 Page 1 California Environmental Quality Act 1. The Project is categorically exempt frorh the California Environmental Quality Act (CEQA), under CEQA Guidelines § 15301, Existing Facilities, as the site is currently developed, the Project involves negligible or no expansion of the existing use, and the Project site is already adequately served by existing public services and facilities. General Plan 2. The sale of beer and wine within the Boulevard Cinemas conforms with the intent, goals and policies of the Petaluma 2025 General Plan in that the project will expand and diversify Petaluma's retail base. Implementing Zoning Ordinance 3. The Planning Commission may grant the requested Conditional Use Permit since none of the criteria of Implementing Zoning Ordinance §8.060 pertaining to denial apply, as follows: a. No information contained in the application or supplemental information requested from the applicant has been found to be false in any material detail. b. As demonstrated by the findings under Implementing Zoning Ordinance §24.030 (Conditional Use Permit) above, the Project would not be in violation or one or more provisions of those regulations. There is also no evidence that the Project would operate in violation of Implementing Zoning Ordinance Chapter 8 (Alcoholic Beverage Establishment). c. The Project concerns premises that comply with all applicable laws, including but not limited to, the City's building, health, zoning, and fire ordinances. Moreover, there are no existing violations of the Municipal Code (e.g., Uniform Building Code, Uniform Fire Code) concerning the premises. d. The Project concerns a new use to'-this location and no Conditional Use Permit has been previously issued; therefore, this finding is not applicable. e. As demonstrated by the findings under Implementing Zoning Ordinance §24.030 (Conditional Use Permit) above, the Project would not be inconsistent with the considerations for granting a Conditional Use Permit. The Project would not adversely affect the welfare of the area residents nor result in an undue concentration in the area of Alcoholic Beverage Establishments. The project concerns the indoor sales of beer and wine within an existing Cinema which is surrounded by residential, retail, restaurant and office uses. The nearest residential uses are located across C street within a mixed use building containing other alcoholic beverage establishments. Conditions of Approval (Exhibit 1) were imposed to help protect the public health, safety and welfare. g. The Project's location is appropriate in that it is located in a mixed use area within downtown Petaluma and includes a vibrant mix of commercial and residential uses. To date, the mix of uses in Theater Square, which include restaurants, retail, and limited bar /tavern uses on the ground floor and office and residential uses on the upper floor, has created a vibrant mixed use neighborhood. The addition of beer and wine service in the existing theater is not seen as an inappropriate addition to this mixed use environment. There are no churches, schools, Planning Commission Resolution No. 2016 -13 Page 2 or hospitals in the immediate vicinity. The nearest park is Walnut Park which is located approximately one block south of the Cinema on the opposite side of the intersection of Petaluma Boulevard South and D Street. , h. The current use of the project site is a theater with associated arcade games and food service. The request to add beer and wine service is not anticipated to increase the size or activity level of the existing facility. The existing cinema is a complimentary use within Theater Square and compliments the character of the surrounding area. i. Were the Planning Commission to deny this application a resolution of denial would be adopted and would satisfy this requirement for written documentation of said denial. j. As this resolution approves a Conditional Use Permit, a finding relating to denial is not applicable. k. As this resolution concerns Conditional Use Permit approval a finding relating to suspension or revocation is not applicable. 4. All the required findings for Conditional Use Permit approval found at Implementing Zoning Ordinance §24.030(G) (1) can be made, as follows: a. Siting of the Building or Use: The existing use is a 43,000 square foot Cinema and is adequate to accommodate the sale of beer and wine within the existing building. No outdoor activities are proposed as part of this application; therefore, no adverse impact to the outlook, light, or air would occur. To ensure no impact to the peace and quiet of the surrounding area, special conditions r of approval have been drafted to compel the permittee to promptly address and resolve any incidents or situations of excessive noise. The Project excludes the display of goods and services and no signs are proposed as part of this project. b. Traffic Circulation and Parking: The Project would have no effect on existing circulation. c. Compatibility of Building or Use: The Project does not propose an increase in the number of patrons visiting the existing Movie Theater. The proposed project actually decreases the number of available seats in the theater. The Project would offer beer and wine sales daily between the hours of 12:00 p.m. and 10:30 p.m. during standard theater hours. These hours of operation are similar to existing neighboring businesses which consist of retail, restaurant, and office uses. The Project would conduct all activities within the existing building; therefore, there is no potential for dust, odors, or glare effects. Because the alcohol sales are accessory to the existing use and conducted entirely inside the building, no adverse noise impacts are anticipated. Additionally, special conditions of approval to further minimize the potential for alcohol - related disturbances have been drafted to compel the permittee to address and resolve. There are no schools, libraries, churches or hospitals in the immediate vicinity. The nearest public playground is at Walnut Park which is located approximately a block to the south on the opposite side of the intersection of Petaluma Boulevard South and D Street. The Project does not involve. hazardous materials of any type or quantity that would be hazardous to the public health or safety. Beer and wine will be sold at the concessions counter and potential by wait staff within the existing Cinema. Draft Conditions of Approval limit the number of drinks sold to 2 drinks per person and beer and wine will only be sold Planning Commission Resolution No. 2016 -13 Page 3 when the theater is in operation. Therefore, -no additional space will be utilized. d. Duration of the Use: The sale of beer - and wine for on -site consumption would be a permanent addition to the existing theater use. For reasons explained in the findings above, there is no demonstrated need to limit the proposed hours of operation. e. Public Convenience and Necessity: -The Project does not require a determination of public convenience and necessity pursuant to Business and Professions Code §23958. The Project requires a Type 41 alcoholic beverage license from the California Department of Alcoholic Beverage Control Department (ABC). which is not subject to Business and Professions Code §23958. C. Based on its review of the entire record herein, including the August 23, 2016 Planning Commission staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the Planning Commission hereby approves a Conditional Use Permit for establishment. of an Alcoholic Beverage Establishment as part of the existing movie theater located at the Project site, subject to the conditions of approval at Exhibit 1, attached hereto. D. 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 -13 Page 4 ADOPTED this 23,d day of August, 2016, by the following vote: Commission Member Aye No Absent Abstain Councilmember King X Vice Chair Benedetti- Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X . ATTEST: f Diana Gomez, -Chaff APPROVED AS TO FORM: H ther Hines, Commission Secretary Lisa Tennenbabm,ssistant City Attorney Planning Commission Resolution No. 2016 -13 Page 5 BOULEVARD CINEMAS CONDITIONAL USE PERMIT FILE NO. PLUP -16 -0008 CONDITIONS OF APPROVAL Standard Conditions: Exhibit 1 1. Plans submitted for building permit shall' be in substantial conformance with plans date stamped May 16, 2016 and attached hereto as Exhibit A. 2. The Permittee of this Conditional Use permit is David Corkill. 3. Operations under this permit shall be the responsibility of the Permittee personally or a manager or designated employee of the Permittee at all times. The Permittee shall designate the names of all such managers and designate responsible employees as prescribed by IZO §8.074(A)(1) and shall advise the Community Development Director in writing whenever any change is made. 4. 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)) 5. All theater employees serving alcohol 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 Permittee shall maintain on the premises a file containing the certificates of training for all employees who serve alcohol. (IZO §8.074(A)(3) and Municipal Code §10.68.050) 6. The use 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 Permittee to prepare and implement a Noise Management Plan, as provided by IZO §8.074(A)(5). 7. 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 nuisances and recovery of responses costs for alcohol- related nuisance activity. 8. 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. 9. The Permittee is hereby duly noticed that this permit may be recalled to the Planning Commission for review at any time due, to complaints regarding lack of compliance with Planning Commission Resolution No. 2016 -13 Page 6 conditions of approval, noise generation ,'. of 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. 10. 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 permit. 11. This permit shall be valid only as long as all applicable Alcoholic Beverage Control (ABC), State, and Federal licenses for the service of beer and wine at the theater 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. 12. A security plan shall be prepared including, but not limited to, the periods of time and staffing levels for security personnel, duties, responsibilities and qualifications of security staff for review and approval by the Chief of Police within 14 days of this Conditional Use Permit approval, as provided by IZO §8.074(A)(6). 13. No exterior modifications are approved as part of this approval. Any exterior modifications require Site Plan and Architectural Review. . 14. 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. 15. No signs external to the building are included in this approval. Such signs require a separate approval of a sign permit from the Community Development Department. 16, The. Permittee 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. Special Conditions of Approval: 17. The approved Alcoholic Beverage Establishment use shall, at all times, operate within the following parameters: a. This permit allows for the sale of beer and wine. No other alcoholic beverages shall be sold. Planning Commission Resolution No. 2016 -13 Page 7 b. All alcohol sales shall comply with -all applicable Alcoholic Beverage Control (ABC) regulations. If any portion of this permit conflicts with a rule, regulation and /or permit condition of the ABC, the provisions of this permit shall prevail and take precedence. c. The sales and service of beer and wine shall be limited to between the hours of 12:00 p.m. —10:30 p.m. daily. d. This permit authorizes operations under 'a Type 41 license issued by the ABC. Any change to the terms, conditions and /or permit type of the ABC shall require an amendment to this permit e. All alcoholic beverages shall be served in their original container or in clear cups to allow for easy identification and differentiation from non - alcoholic beverage containers. f. Beer and wine sales at the concession stand shall be offered in an area clearly differentiated from general concession sales in order to separate those patrons under 21 year of age. g. Before purchase of an alcoholic beverage, a theater employee shall verify through government issued identification (e.g., state - issued identification card or driver's license, passport) that the purchaser is of legal drinking age. h. A maximum of two alcoholic beverages may be sold per person per transaction. i. Before alcoholic beverages are sold, a theater employee shall verify a movie ticket has been purchased for movie viewing during or immediately after the transaction. j. Signs shall be posted and maintained at all exits indicating that alcohol shall not be taken off site. Prior to sign installation, the applicant shall obtain Planning Manager review and approval. k. Theater employees shall monitor: (1) all exits to ensure alcohol is not taken off premise; and (2) auditoriums where alcohol is served to ensure alcohol remains with persons of legal drinking age on a regular basis, but no less than once every 30 minutes. Planning Commission Resolution No. 2016 -13 Page 8