HomeMy WebLinkAboutResolution 98-015 01/20/1998 Resolution No. sa-15 NC.S.
of the City of Petaluma, California
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3 DENYING AN APPEAL BY VICTOR THUESEN, KERSTIN MOLINDER, AND JANET
4 AND LEIGH PERRY AND SUSTAIN THE PLANNING COMMISSION'S APPROVAL OF A
5 CONDITIONAL USE PERMIT AMENDMENT TO AUTHORIZE A 24-HOUR 1 S TABLE
6 CARDROOM AT 246 PETALUMA BOULEVARD NORTH, APN 006-284-018
7
8 WHEREAS, on May 23, 1995 the Planning Commission approved a Conditional Use Permit to
9 authorize the establishment of Bankshot Billiards as both a Commercial Recreation facility (20
l0 billiard tables, video arcade [12 video games], dart board, and 1 shuffle board), and Alcoholic
n Beverage Establishment (beer only). On June 19, 1995, the City Council found that public
12 convenience or necessity would be served by the issuance of an ABC license, Type 40 (beer only);
13 and
14
15 WHEREAS, Mr. Vieler filed an application to authorize: (1) the addition of a cardroom facility
16 to the list of "commercial recreation" uses allowed at the facility; (2) a 24 hour, 7 day/week, 15-
17 table cardroom to occupy a presently vacant 2,645 sq.ft. portion of the facility; and (3) a
18 modification to the existing Alcoholic Beverage Establishment entitlement to permit a sharing of
19 restroom facilities and an expansion of the hours of bar operation to 6AM to 2AM for the new
20 cardroom only, at 246 Petaluma Boulevard North, APN 006-284-018; and
21
22 WHEREAS, the Planning Commission considered the project and heard testimony on November
23 12, 1997; and
24
25 WHEREAS, the Planning Commission closed the public hearing and continued the review of the
26 proposal pending input from staff regarding the application of Zoning Ordinance provisions; and
27
28 WHEREAS, the Planning Commission resumed deliberations on December 9, 1997 on the
29 proposal, and concluded the request to be exempt from the requirements of CEQA pursuant to
3o Section 15301 (Existing Facilities) of the CEQA Guidelines, and approved the. Conditional Use
31 Permit amendment, based on findings and conditions; and
32
'i3 WHEREAS, Mr. Thuesen, Ms. Molinder; Mr. and Mrs. Perry appealed the Commission's
34 approval to the City Council as provided for by the Zoning Ordinance; and
35
36 WHEREAS, the City Council considered the appeal on January 20, 1998, during which time
37 public testimony was heard and considered during a public hearing.
38
39 NOW, THEREFORE, BE IT RESOLVED that the City Council denies the appeal and sustains
ao the Planning Commission approval of an amendment to the Conditional Use Permit held by
al Bankshot Billiards to allow: (1) the addition of a cardroom facility to the list of "commercial
a2 recreation" uses allowed at the facility; (2) a 24 hour, 7 day/week 1S-table cardroom to occupy a
43 presently vacant 2,645 sq.ft. portion of the facility; and (3) a modification to the existing
as Alcoholic Beverage Establishment entitlement to permit a sharing of restroom facilities and an
45 expansion of the hours of bar operation to IOAM to 2AM for the new cardroom only, at 246
1
Res. vo.......98,-1.5.....,. n.as. Page 1 of 8
1 Petaluma Boulevard North, APN 006-284-018, based on the following findings and subject to the
z following amended conditions:
3
a 1. The proposed 24 hour, 7 day/week, 15 table cazdroom, with a 16 hour/day (LOAM to
5 2AM) Alcoholic Beverage Establishment is consistent with the interpretation, and would
6 be ancillary to the principal billiard/commercial recreation use of Bankshot Billiards as
7 required by Section 21-420 of the Zoning Ordinance.
8
9 CEQA Findings:
10
it 1. The proposed project has been found to be exempt from the requirements of the California
12 Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the
13 CEQA Guidelines.
14
15 2. The project site is not located on a site listed on any Hazardous Waste Site List compiled
16 by the State pursuant to Section 65962.5 of the government Code.
17
18 3. The Planning Commission reviewed the project documents and considered the comments
19 before making a decision on the project.
20
zl 4. The record of proceedings of the decision on the project is available for public review at
22 the City of Petaluma, Planning Department, City Hall 11 English Street, Petaluma,
23 California.
24
25 Findings for the Conditional Use Permit:
26
27 For the Cardroom:
2s
29 1. The proposed 24 hour, 7 day/week, 15 table Cardroom, with a 16 hour/day (LOAM to
30 2AM) Alcoholic Beverage Establishment is consistent with the interpretation, and would
31 be ancillary to the principal billiard/commercial recreation use of Bankshot Billiazds as
32 required by Section 21-420 of the Zoning Ordinance.
33
34 2. The proposed addition of a Cardroom as a permitted commercial recreation activity at
35 Bankshot Billiards, and the operation of a Cardroom by Wayne Vieler, as conditioned, will
36 conform to the requirements and intent of the Petaluma Zoning Ordinance Section 21-420,
37 and includes conditions requiring improvements which will comply with all applicable
38 laws, including, but not limited to, the City's building, health, zoning, fire ordinances, and
39 police requirements.
40
41 3. The location of the proposed commercial recreation activity/Cardroom is in conformance
42 with Petaluma Zoning Ordinance Section 21-420.26 which prohibits cardrooms within 250
43 feet of schools. or residential districts. Although the Cardroom will be located within two
44 hundred fifty (250) feet of the exterior limits of a residentially zoned district, the Cardroom
2
Reso. 98-15 NCS Page 2 of 8
I is clearly an ancillary use in the larger commercial recreational use for which Bankshot
2 Billiards is governed by a Conditional Use Permit.
3
4 4. The proposed addition of a cardroom as a commercial recreation activity at Bankshot
5 Billiards, and the operation of a cardroom by Wayne Vieler, as conditioned, is consistent
6 with Petaluma Zoning Ordinance Section 21-420.22, which limits the number of
7 cardrooms operating in the City to 3, based on population, and limits the number of tables
s per establishment to 15. As there are currently three (3) cardrooms operating inside City
9 limits, the proposal by the owner/operator of the third, Wayne Vieler (Kodiak Jack's
to cardroom), to cease operations at 256 Petaluma Boulevard North, prior to the
11 commencement of operations at 246 Petaluma Boulevard North, the approval would not
12 exceed this limit. The proposal to operate 15 tables does not exceed the maximum
13 number of tables allowed.
14
15 5. The proposed addition of a cardroom as a commercial recreation activity at Bankshot
16 Billiards, and the operation of a cardroom by Wayne Vieler, as conditioned, will be
17 consistent with Petaluma Zoning Ordinance Section 21-420.30 as relates to operating
t8 regulations.
19
20 6. The proposed addition of a cardroom as a commercial recreation activity at Bankshot
21 Billiards, and the operation of a cardroom by Wayne Vieler, as conditioned, will conform
22 to the requirements and intent, goals, and policies of the Petaluma General Plan, which
23 encourages the expansion of small, locally-owned businesses which attract visitors and
2a shoppers downtown and upgrade the development of commercial ventures, and supports
25 the economic viability of the downtown area.
26
27 7. The proposed addition of a cardroom as a commercial recreation activity at Bankshot
28 Billiards, and the operation of a cardroom by Wayne Vieler; will not constitute a nuisance
29 or be detrimental to the public welfare of the community, as conditions have been imposed
3o as conditions of approval to address any potential adverse operating characteristics and
31 recalUrevocation options exist if necessary.
32
33 For the Alcoholic Beverage Establishment:
34
35 8. The modification to the existing Alcoholic Beverage Establishment entitlement to permit a
36 sharing of restroom facilities and an expansion of the hours of the bar operation for the
37 new cardroom only, as conditioned, is consistent with the provisions requiring Conditional
3s Use Permits for facilities applying to change their mode and manner of operation, and will
39 conform to the requirements and intent of the Petaluma Zoning Ordinance.
ao
41 9. The modification to the existing Alcoholic Beverage Establishment entitlement to permit a
a2 sharing of restroom facilities and an expansion of the hours of the bar operation for the
43 new cardroom only, as conditioned, will conform to the requirements and intent, goals,
44 and policies of the Petaluma General Plan, which encourages the expansion of small,
3
Reso. 98-15 NCS Page 3 of 8
1 locally-owned businesses which attract visitors downtown and further the development of
2 commercial ventures, and supports the economic viability of the downtown azea.
3
a 10. The modification to the existing Alcoholic Beverage Establishment entitlement to permit a
5 sharing of restroom facilities and an expansion of the hours of the bar operation for-the
6 new cardroom only, will not constitute a nuisance or be detrimental to the public welfare
7 of the community, as a Conditional Use Permit will provide a benefit to the community by
8 virtue of its presence, and abilityto regulate the Alcoholic Beverage Establishment.
9
1o 11. The modification to the existing Alcoholic Beverage Establishment entitlement to permit a
1 t sharing of restroom facilities and an expansion of the hours of the bar operation for the
12 new cardroom only, as an Alcoholic Beverage Establishment is consistent with the
13 requirements set forth in Zoning Ordinance Section 21-430.24(A)(l through 13), as
14 conditions have been imposed to regulate operating characteristics.
15
16 Conditional Use Permit Conditions:
17
18 1. A11 mitigation measures and conditions of approval of the May 23, 1995 CUP shall remain
19 valid and applicable as appropriate to this proposed amendment.
20
21 2. Hours of operation for the Bankshot Billiards office use may continue to be 24 hours, 7
22 days per week. Hours of operation for the commercial recreation uses shall continue to be
23 limited to 12:00 Noon to 2:00 AM, 7 days per week, with the exception of the cardroom,
2a which shall be permitted to operate 24 hours per day, 7 days per week. Hours of
25 operation for the alcoholic beverage establishment shall, for Bankshot Billiards, remain
26 from Noon to 2AM, and shall be expanded for the cardroom only, which. shall be
27 permitted alcohol service from lOAM to 2AM, 7 days per week.
28
29 For the cardroom:
30
3t 3. This CUP amendment authorizes inclusion of a cardroom as a component of the
32 commercial recreation use at Bankshot Billiards.
33
34 4. This CUP to operate a cardroom at Bankshot Billiards at 24b Petaluma Boulevard North
35 is hereby issued exclusively to Wayne Vieler. The cardroom use shall be operated in the
36 manner described in Mr. Vieler's application packets dated October 3rd, October 10th,
37 October 24th and October 31st. Any proposed change in mode or manner of operations
38 shall require an amendment to the CUP. The CUP shall not be assigned, transferred,
39 enlarged, expanded, or mode and/or manner of operation changed without prior
ao notification to the Planning Director, and subsequent review by the Planning Commission
41 per Zoning Ordinance Section 21-420.14 and 21-420.16. Any change in location,
a2 expansion, conversion, etc. of the cardroom facility shall. be subject to Planning
43 Commission review per Zoning Ordinance Section 21-420.18.
44
4
reso. 98-15 NCS Page 4 of 8
1 5. The cardroom use (operation of the 15 card tables), shall not commence unless and until
2 the cardroom permit issued to Wayne Vieler and Kodiak Jack's Honky Tonk and Saloon
3 at 256 Petaluma Boulevard North has been surrendered.
4
5 6. The cardroom use (operation of the 15 card tables), shall not commence unless and until a
6 "cardroom permit" per the Petaluma Municipal Code, and all other appropriate licenses
7 and approvals have been received from the State of California Department of Justice,
8 Alcoholic Beverage Control, and the City of Petaluma.
9
]0 7. Operation of the cardroom shall be in compliance with all regulations governing the
11 operation of cardroom facilities per Sections 21-420-00 through 21-420-42 of the
12 Petaluma Zoning Ordinance, and all provisions of Chapter 6.20 of the Petaluma Municipal
13 Code.
14
15 8. The operation of the cardroom shall be subject to annual review by the Chief of Police.
16 Should the Police Chief find that security problems are caused by the cardroom operation
17 and that additional conditions to regulate this operation are necessary, he shall recommend
18 review by the Planning Commission which shall consider the concerns and may modify
19 existing conditions or impose additional conditions as deemed necessary.
20
21 For the Alcoholic Beverage Establishment:
zz
23 9. Alcohol service shall be provided to the cardroom by the owners employees of Bankshot
za Billiards. All employees shall comply with Alcoholic Beverage Control (ABC) laws and
25 regulations. Suspension of the business owners license by the ABC may be basis for
26 revocation of this conditional use permit. Only beer and non-alcoholic beverages may be
27 sold or offered to the cardroom without an amendment to this Conditional Use Permit.
28 Off-premise sales of alcohol shall not be permitted.
29
3o General Conditions:
31
32 10. Parking shall be provided either on-site or within 300' of the use. Parking shall be based
33 on one (1) space per cardroom employee (including security personnel), and one (1) space
34 per each three card players. Based on a 15 table maximum with a maximum of 10 persons
35 per table, and three (3) employees, parking required is 53 spaces. Parking shall be
36 provided for as many persons/tables as have received a card table permit on file with the
37 City's Finance Department.
38
39 Parking area(s) provided must comply with Zoning Ordinance regulations and be
4o improved with a dustless surface. Agreements must be executed and copies filed with the
a] Planning Department indicating the number of seats/players for which parking is being
az provided; and location, term of commitment, time (hour) limitations and space numbers (if
a3 applicable) prior to commencement of use and the issuance of a care table permit. Parking
44 agreement(s) shall be. maintained for the duration of the business' operations and kept oh
45 file with the Planning Department. Loss of parking shall result in a corresponding
5
Resol 98-15 NCS Page 5 of 8
t reduction of number of seats/tables permitted. An increase in seats/card tables may not
2 occur without the prior approval of the Planning, Police and Finance Departments.
3
4 TL All requirements of the Building Division shall be complied with including:
5
6 a. A tenant improvement permit is required for the conversion of the corridor
7 to a cardroom. Plans are required-for the conversion to a cardroom.
8
9 b. A California Licensed Architect or Engineer is required to sign and stamp
to the plans.
11
12 c. Plans must show compliance to 1994 UBC, UPC, UMC, and 1993 NEC.
13 Plans must also show compliance to current Title 24 energy conservation and/or
14 Disabled Access Requirements.
IS
16 d. Provide four (4) sets of plans showing proposed work.
17
18 e. On plans specify occupant load of the building and each space (billiards and
19 cardroom). Provide calculations showing square footage of each space and use.
zo
21 f. Provide exits per UBC Sections 1003 and 1004. Show compliance on
22 plans.
23
2a g. Provide light and ventilation that complies to UBC Chapter 12 for the
25 cardroom. Show compliance on plans.
26
27 h. Provide sanitation facilities and number of plumbing fixtures per UBC
28 Chapter 29 and Appendix Chapter 29. The number of plumbing fixtures required
z9 should be based on the total occupant load of Bankshot Billiards and Kodiak
3o Jack's cardroom.
31
32 i. Identify, on plans, all required exits and indicate exit signs.
33
34 j. Provide sign over main exit door stating, "This door to remain unlocked
35 during business hours".
36
37 k. Specify type of hardware. for all doors.
38
39 12, All requirements of the Fire Department shall be complied with including:
40
41 a. Provide one fire extinguisher, 2AlOBC type, for each 3,000 sq.ft. of floor space
az and/or a maximum travel distance of 75 feet.
43
44 b. Post address at or near main entry door -minimum four (4) inch letters on
45 contrasting background.
6
Resol 98-15 NCS Page 6 of 8
1
2 c. Address locator required to be posted at or near the driveway entrance.
3 Reflectorized numbers are acceptable. Location and design to be approved by the
a Fire Marshal's office.
5
6 d. Post an occupant load sign in a conspicuous place near the main exit from
7 all rooms designated as "Assembly Areas". The sign shall read as follows:
8
9 Maximum Occupants: General 160
to
11 e. Use of extension cords in lieu of permanent wiring is prohibited.
12
13 f. Provide metal or flame retarding plastic waste cans.
14
15 g. This business will require an annual fire department permit for assembly.
16 The permit fee of $60.00 is due and payable.
17
18 h. Provide an exit sign over all required exit doors.
19
20 i. Emergency exit lighting shall be provided at or near all exits and as
21 designated by the Fire Marshal's office.
22
z3 j. All emergency lighting, exit sign lights, shall have two separate sources of
24 power as required in the Building Code.
25
z6 k. The Exit door to the billiard hall is not to have latching devices.
27
z8 13. All requirements of the Police Department shall be complied with including:
29
3o a. No juveniles (under 18 years of age) shall be allowed in the cardroom at
31 any time.
32
33 b. Prior to commencement of use, the owner/operator of the business shall
3a provide the following to the Police Department:
35
36 1. Provide documentation showing compliance with
37 all other City of Petaluma requirements.
3g 2. Provide a completed business license application.
39 3. Submit the following information: number of
ao employees, completed state certification of all employees
41 4. Proof of compliance with all state regulations
42 regarding cardroom operation.
43
7
Resol 98-15 NCS Page 7 of 8
1 c. Security cameras shall be located at all access areas, card tables and areas
2 of money transactions. An-inspection shall. be required by the Police Department
3 prior to commencement of use.
4
s d. One security person shall be on site 24 hours a day, 7 days per week. This
6 shall be increased to two security personnel when Bankshot Billiards is not open
7 for business. With additional training, cardroom manager may act as second
8 security person.
9
l0 14. This use permit shall be reviewed in six months by the Planning Commission with regard
I I to operating characteristics and patron activity.
12
13 15. This use permit may be recalled to the Planning Commission for review and approval. at
is any time due to complaints regarding lack of compliance with conditions of approval,
15 traffic congestion, noise generation, or other adverse operating characteristics. The
16 cardroom use shall be reviewed by the Planning Director at six month intervals including a
t7 survey of Police, neighborhood and applicant. The Planning Director shall provide status
I8 reports to the Planning Commission. At such time, the Corrunission may revoke the use
19 permit or add/modify conditions of approval.
20
21 16. The applicants/developers shall defend, indemnify, and hold harmless the City or any of its
22 boards, commission, agents, officers, and employees from any claim, action or proceeding
23 against the City, its boards, commission, agents, officers, or employees to attack, set aside,
2a void, or annul, the approval of the project when such claim or action is brought within the
25 time period provided for in applicable State and/or local statutes. The City shall promptly
26 notify the applicants/developers of any such claim, action, or proceeding. The City shall
27 coordinate in the defense. Nothing contained in this condition shall prohibit the City from
28 participating in a defense of any claim, action, or proceeding if the City bears its own
29 attorney's fees and costs, and the City defends the action in good faith.
30
31 246pbnrs/win/jkt29
Under the power and authority conferred upon this Coun<al by the Charter of said City.
REFERENCE: I hereby certify the foregoing Reeolution waa introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (d4~f meet~g
on the ....20th......:..... day of .......Sxnual:y..----.._ 19_9.$.. by e
following vote: ~
ty A
AYES: Torliatt, Keller, Hamilton, Stomps, Vice Mayor Maguire, Mayor Hilligoss
NOES: Read /
ASSENT: N~ofn/g~-~~ ~~J/
ATTEST: .......-1..L..L.ti~C.4.~.1.X..f ._..:..............._...g IVY ~
City Clerk ~rV 1~ Mayor
®€R~~ Cl l i ML 6L~ Cowcil Fila.._._..._._.
CA IO~E5 ~ Res. No....98-1. r1........_.. N.C.S. Page 8 of 8