HomeMy WebLinkAboutMinutes 09/14/1999City of Petaluma Planning Commission Minutes — September 14, 1999 .
A. L U City of Petaluma, California
City Council Chambers
City Ball, 11 English Street
Petaluma, CA 94952
Telephone 707/778 -4301 /Fax 707/778 -4498
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1
2 Planning Commission Meeting Minutes
3 September 14, 1999, 7 :00 P
4
5 Commissioners: Present: Barrett, Bennett* Broad, Feibusch, Glass, Healy
6 Absent: Vieler
7 * Chairperson
8
9 Staff: Vincent C. Smith Aicr, Interim planning Director
10 Jane Thomson, Senior Planning Technician
11
12
13 11011 Call
14 Pledge of Allegiance
15
16 Approval Of Minutes: Minutes of August 10, 1999 were approved with corrections
17 to pages 9, 14, 22 and 29.
18
19 Public Comment: Geoff Cartright - 56 Rocca Dr. - Displayed FEMA diagrams of .
20 flood plain building schemes.
21
22 Directors Report: None.
23
24 Commissioners' Deport: Chairman Bennett — Did all Commissioners receive
25 copy of Planning Department Mission and Performance Enhancement Project Report
26 prepared by David Woltering? (Yes). Wished all Commissioners had been interviewed.
27
28 Correspondence: Letter from Malvina Cooper regarding Kodiak Jack's and Baker
29 Street Bar and Grill; additional information from staff regarding Kodiak Jack's and Baker
30 Street Bar and Grill.
31
32 Appeal Statement: Was read.
33 Legal Recourse Statement: Was noted on the agenda
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City of Petaluma Planning Commission Minutes - September 14, 1999
1
2
3 NEW BUSINESS:
4 PUBLIC HEARING:
5
6 I. Kodiak Jack's Honky Tonk and Saloon; 256 Petaluma Boulevard
7 North, APN 006 - 284 -036 (jkt)
8
9 Discussion of the complaints received and possible action /recall of
to the Conditional Use Permit or modification /addition to current
11 conditions of approval.
12
13 Jane 'Thomson presented the staff report.
14
15 The public hearing was opened.
16
17 Commissioner Healy won't participate in Kodiak Jack's item (owns property within 300'
ig of project), will participate in Baker Street item.
19
20 Speakers;
21
22 Victor Thuesen — 14 Martha Street — Gave brief history of his perception of operations,
23 owns home in area of Kodiak Jack's; Kicker's opened in 1992 — very poorly operated
24 business at that time; Kodiak Jack's and Baker Street opened since then; noise awakens
25 him eve Friday and Saturday night; calls Police all the time because of noise on street
26 outside of Kodiak Jack's; has invited Commission and Council to his home and hear
27 noise; Baker Street is now adding to this noise (Baker Street is much noisier than Kodiak
28 Jack's); met with Vin Smith and Jane Thomson in May of this year— asked them to come
29 and listen to the noise; Vin suggested he and another neighbor, Mr. Longenbaugh keep
30 logs and call Planning staff, can't call Police many times because by the time Police
31 arrive noise may be over; believed a new noise abatement plan would be worked out with
32 Kodiak Jack's and neighborhood; only heard about this new recommendation today;
33 maybe a "deal" hasn't been made, but cannot overlook the fact that the owner of Kodiak
34 Jack's is a Commission member; the noise control and security measures proposed are
35 the same as have been in place for several years, nothing new being proposed, they are
36 not being enforced; ate at Lark Creek Inn several weeks ago — many signs posted and on
37 menu indicating they were operating in a residential neighborhood and requesting quiet;
38 security staff are not telling patrons to keep noise down, requested that original
39 recommendation requiring a workable noise solution be worked out within 30 days; the
4o new recommendation by staff is an insult to everyone's intelligence; adopt original staff
41 recommendation which is alternative 42.
42
43 Terry Traktman — 765 Baywood (attorney for applicant) — Here mainly to observe,
44 applicant would like to respond at end of public hearing; concerns with both of these
45 items being discussed at the same meeting; Mr. Vieler has worked hard to keep noise to a
46 minimum; concerns with Police logs — Mr. Vieler would like to discuss Police calls.
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City of Petaluma Planning Commission Minutes — September 14, 1999
1
2 Geoff Karg - Employed as Manager of Kodiak Jack's since November; works every
3 Friday and Saturday night, motorcycles from time to time make noise, asked to be quiet
4 (no engine revving) and move along; walk the area every half -hour to patrol situation;,
5 does everything required in employee handbook; 8 -11 people working security every
6 night, Friday nights usually busier than Saturday nights; good people at Kodiak Jack's,
7 fights very rarely occur; Kodiak Jack's security is best he has seen, has a lot of security
8 experience, always puts 3 security outside front door as people are exiting at closing.
9
10 Steve Bell - Employed with Kodiak Jack's since January 1997 (Security Manager) —
11 outside noise has decreased since 1997; constantly walks around parking lot; picks up
12 garbage at the end of the evening, making changes to make area better for neighborhood,
13 patrons; staff sticks to security measures and procedures.
14
15 Alex Valdez — Employed with Kodiak Jack's for 2 years; worked for Dept. of
16 Corrections for 14 years, employed as bartender, helps with security when needed
17 because of his background; can't speak as part of current security, but in past all noise
18 control procedures have been in place; have taken decibel reading in past all through the
19 evening hours; staff makes walks around area to check for problems, noise, trash; on
20 occasion there are problems; monitors patrons for amount of alcohol consumed; Police
21 come in and walk around every once in a while; security staff is professional; works with
22 community and patrons.
23
24 Geoff Karg — Works with Police, security staff has good rapport.
25
26 Lawrence Longenbaugh — 225 Kentucky Street - Glad there are security guards, three
27 helps a lot; security guard should patrol Mary and Martha Streets and Bank of America
28 parking lot; Planning staff or independent consultant should come in and monitor
29 situation; the problems have exacerbated since Baker Street opened.
30
31 Wayne Vieler — Owner of Kodiak Jack's — insulted that Mr. Thuesen would imply that
32 any "deal" has been cut with staff/Commission; has not discussed this subject with any
33 Commissioner; would like Police to clarify calls responded to; some Commissioners have
34 been here since this business has been in existence; has appeared before this
35 Commission/Council 12 times in past (because neighbors who are lawyers have required
36 him to jump through "every possible hoop "); lived through very hard times during early
37 "trial" periods; spend much money sound - proofing building; required to meet with
38 neighbors, Police Chief, Senior Planner for several months — neighbors did not appear at
39 most of these meetings; no complaints in 1997 and 1998; has worked very hard to reduce
40 impact on neighborhood; Police will probably agree that Kodiak Jack's has always
41 cooperated with Police; there are almost always three security staff members on
42 sidewalk, always ask patrons to keep noise down; insulting to have his CUP brought into
43 question after this much time; has current Security Plan on record with Planning staff;
44 quoted verbatim from Dec. 1995 Council Minutes indicating that many of the neighbors
45 thought a good job was being done by Kodiak Jack's; doing the best job possible and
46 someone is still complaining; Baker Street is adding fuel to complaints about Kodiak
3
City of Petaluma Planning Commission Minutes — September 14, 1999
1 Jack's; Kodiak Jack's was a feed mill that loaded and unloaded trucks /feed in the middle
2 of the night for many years; distributed "commercial proximity zone" information; has
3 Kodiak Jack's had excessive Police calls? Is Kodiak Jack's acting
4 responsibly /appropriately? (questions to Police).
5
6 Danny Fish - Police Department — Calls not considered excessive; security staff
7 professional, the business has followed procedures requested /recommended by Police.
8
9 Victor Thuesen — Did not mean to imply any deal with staff, noise mitigation measures
10 are not working; Mr. Vieler has done a remarkable job of building a business; there still
11 remains a problem.
12
13 Ruth Bird — Petaluma Hotel resident — Has not has one restful weekend since she moved
14 here; regardless of how diligently noise measures have been adhered to, they are proving
15 that existing measures are inadequate.
16
17 Public hearing was closed.
18
19 Vin Smith — Regarding staff acting inappropriately — staff's suggestion to add additional
20 security measures have been put in place, thus the new recommendation.
21
22 Commission comments:
23
24 There is usually a larger than usual Police presence during closing time; Security staff
25 can only do so much, they are not Police officers; calls for service not excessive
26 (according to Police); Danny Fish, Police Department - there is a policy regarding cost
27 recovery being discussed for excessive calls; apparently weekend noise is the problem;
28 Commissioners agree that Mr. Vieler has done as much as he can; once patrons are
29 outside of building, little that can be done; maybe there should be more of a Police
30 presence; maybe security personnel could be outside a longer time; Kodiak Jack's
31 security log does not correspond with neighborhood complaints; clarification of Zoning
32 of Kodiak Jack's (Highway Commercial); inherent conflict with adjacent residential uses;
33 should have had an independent analysis of security /noise, etc.; steps should be taken to
34 remedy complaints — additional attempt for Kodiak Jack's (60 days) to work with
35 staff /neighbors to address concerns /complaints, patrons should be warned while still
36 inside to keep noise down instead of waiting for patrons to exit; announcement should be
37 made at end of night that patrons should be aware of residential neighborhood;
38 Commissioners in favor of 60 days for Kodiak Jack's and neighborhood to work on
39 mitigating problems; these kind of problems will get worst in future (live /work
40 situations); good faith effort to improve on process; Commission's direction that property
41 owner /neighbors /staff try to develop additional noise mitigation guidelines; Vieler,
42 concerned neighbors, Planning staff try to develop additional mutually agreeable
43 procedures to mitigate noise /security issues per staff approval if consensus can be
44 reached', or brought back to Commission if no progress; this is not a. revocation of Use
45 Permit.
46
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of Petaluma Planning Commission Minutes — September 14, 1999
1 A motion was made by Commissioner Broad and seconded by Commissioner Glass to
2 direct Mr. Vieler to meet with Planning staff and neighbors to try to develop mutually
3 acceptable noise and security conditions /guidelines to the satisfaction of Planning staff
4 within 60 days, or return to Planning Commission if no consensus is reached.
5
6 Commissioner Barrett: Yes
7 Commissioner Broad: Yes
8 Commissioner Feibusch: Yes
9 Commissioner Glass: Yes
10 Commissioner Healy: Abstain
11 Commissioner Vieler: Absent
12 Chairperson Bennett: Yes
13
14
15 II. Baker Street Bar & Grill; 205 Kentucky Street, APN 006- 275 -023 (jkt)
16
17 Discussion of the complaints received and possible action /recall of
18 the Conditional Use Permit or modification /addition to current
19 conditions of approval.
20
21 .lane Thomson presented the staff report.
22
23 The public hearing was opened.
24
25 SPEAKERS:
26
27 Jane Thomson presented staff report (reviewed the history of the premises, detailed the
28 complaints, discussed the Conditional Use Permit and the determination of Public
29 Convenience or Necessity, informed the Commission that there is no longer a restaurant
30 operating which meant the premises were in violation of the ABC license.)
31
32 Vin Smith — Clarifies that Use Permit is for an alcoholic beverage establishment, a
33 restaurant would be a permitted use in and of itself.
34
35 Tom Baker — Owner — Concerned about neighborhood, apologies to neighborhood; did
36 not know of extent of problems /complaints until receiving letter from staff, after dance
37 music started several months ago, noise complaints were received; hired noise consultant,
38 made many changes /improvements; continuing to work with staff; hired professional
39 security staff; doesn't allow loitering, cannot police Bank of America parking lot or Mary
40 Street; there is a buffet being served, but not a full menu; was informed by ABC that a
41 restaurant was necessary to keep current ABC license, will institute a full menu very
42 soon; as required by the conditional use permit has signed up all bartenders for next
43 available (Oct. 20) responsible beverage serving course; people "party" in the park, not
44 patrons of Baker Street; thanked staff for thoroughness, pleasant in a difficult situation;
45 wants to stay in business, would be willing to meet with staff and neighbors to work out
46 problems.
47
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of Pe taluma Planning Commission Minutes — September 14, 1999
1 Commission question to Mr. Baker — Do you have a written security plan? (answer, no,
2 but has a professional security company).
3
4 Frank Stoney — Former Night Manager at Petaluma Hotel — If there were complaints from
5 hotel residents, problem was resolved quickly.
6
7 Ruth Bird — Fairly new resident of Petaluma Hotel /4 floor; intense smell of urine on bar
8 side of hotel, staff does nothing to clean; always a disturbance on Friday and Saturday
9 nights until 4AM, that there is a security staff is an exaggeration - security staff is part of
10 problem, when patrons leave at 2AM, security is very loud after noisy patrons leave; why
11 can't first five feet in front of bar be patrolled? That's where noise comes from; unable
12 to sleep on Friday or Saturday nights; the bar is a leasee of the hotel, and all occupants
13 have in their lease a specific provision for noise (must be quiet from IOPM to 8AM or it's
14 a violation of the lease), there should be noise requirements for bar; alternative use for
15 bar space should be discussed; image of hotel needs to be upgraded_
16
17 Lawrence Longenbaugh — 225 Kentucky — Thanks for comments on last issue; used to be
18 curfew of 10 PM in park; Mr. Vieler (Kodiak Jack's) has been pro- active with security;
19 Mr. Baker is being reactive only recently since complaints have begun; there was never a
20 problem when Elk's Club was in this building; the business started well, with the
21 restaurant there was no impact, changed mode of operation in march/April and the
22 trouble started, noise level has become impossible on Friday and Saturday nights,
23 property values are being affected; how many Police calls does it take before Police Chief
24 requires more security? (a requirement of Use Permit); parking is a problem; problem for
25 neighborhood is outside — people in hotel get most noise; Use Permit requires security
26 person to be in front of establishment; doesn't want to run Tom Baker out of business,
27 but wants him to take responsibility, problem is not going away.
28
29 Maggie Harriman — Owns building at 223 Kentucky (4 -plex) — does not live in building,
30 but tenants are complaining constantly after each weekend about the noise and the nature
31 of the noise; has personally witnessed a fight at the bar, there is cursing, the bars patrons
32 urinate in urns outside of her building; most people do not park in parking structure, they
33 park in Bank of America parking lot or on Kentucky Street; major complaint is about
34 noise when bar lets out; live /work situation cannot be compared to a bar business; noise
35 is polluting neighborhood; on behalf of her tenants, something serious needs to be done.
36
37 Mary vanPeller — Ex- resident of Petaluma Hotel (room #222) — reiterates feelings of
38 current tenant (Ruth Bird); the doors of the bar are always open; didn't help to complain
39 about noise to landlord of the hotel when he is also the owner of the bar, didn't work.
40
41 Victor Thuesen — Had several meetings with Mr. Baker, there is a huge qualitative
42 difference between original operations and current operations; likes Mr. Baker
43 personally; originally no noise, abrupt change mid -year; described recent incident — racial
44 slurs, men and women yelling, public urination; Police car cruised by but officers didn't
45 get out of car, problems unique to this bar.
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City of Petaluma Planning Commission Minutes — September 14, 1999
1 Frank Stoney - former Night Manager of Petaluma Hotel — July 4 th incident — an RV's
2 holding tank was empied onto street at Bank of America parking lot.
3
4 Carolyn Clark - Petaluma Hotel resident for 1 '/2 years (room #310); this was the first
5 she'd ever heard of the bar having security personnel; patrons are urinating on trees and
6 cars in the street, there is gambling, didn't know she could call Planning to complain,
7 patrons take their cigarettes and beer outside the bar.
8
9 Richard Borgzinner — Protection Services International (security services provider) —
lo Four security personnel on site; sometimes security officers have to raise their voices for
11 patrons to comply maybe this is too loud, are not allowed to touch patrons; has only been
12 with Baker Street for a month, but have made significant improvements, Police have only
13 been called twice during that time; would like to meet. with neighbors to address issues;
14 takes decibel readings each evening, has moved speakers around; does not keep a security
15 log, but will keep one if it would help; would like to cooperate, did not know of all
16 complaints, would like to listen to complaints.
17 Commission questions to last speaker - What is average number of patrons on weekends?
18 What is average age of patrons?
19
20 Answer — The age range of the patrons is average 24 yr. old and older, the average
21 attendance is 100 to 150 patrons on Friday nights and 100 to 125 persons on Saturday
22 nights. The bar place to 40 pop music, have changed disc jockey's, does not want rap
23 crowd.
24
25 Tom Phillips — General Manager — Has made many changes; uses decibel meter on a
26 routine basis; has no noise problems on the "banquet side" of the building, understands
27 there is a problem outside; regarding public urination — a pan of urine was thrown out of
28 window and hit a patron; people are afraid to park in parking garage after dark; at bar
29 until 3AM every morning, personally patrols neighborhood, park and Mary Street, thinks
30 people in park are juveniles, neighbors can always call him at 775 -4744 if they have
31 complaints.
32
33 Question to Mr. Phillips — There is reference to serving inebriated customers, how do you
34, deal with that?
35
36 Tom Phillips — the bar staff watches the patrons behavior and character, how loud they
37 are, number of drinks they've had (for example 4 -5 drinks in a brief period of time, bar
38 staff will ask individuals or group to leave).
39
4o Ruth Bird — Requested Commission/staff take the bar operator's offer to visit the bar
41 around 1 AM.
42
43 Trent Jason — Resident of Petaluma Hotel — Did confirm that an RV was the source of the
44 urine; there have been many complaints (all written documentation); if patron count is
45 going down, why are there more complaints? Liquor is served after 1:30 AM —
46 customers have been present and still drinking at 2:30 AM; has been personally assaulted,
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City of Petaluma Planning Commission Minutes — September 14, 1999
1 customers are served to the point where they are drunk, that causes these problems; City
2 should not allow this to continue; Mr. Baker has stated that he hasn't been aware of many
3 of these problems; Mr. Baker doesn't understand the issue here, he doesn't have ethical
4 business practices; has spoken with Police many times; Bank of America cannot close
5 parking lot because of ATM accessibility; City should not allow use to continue in this
6 manner; health and welfare of neighborhood are in question because of this use; intends
7 to pursue a legal suit against City of Petaluma if this use continues.
8
9 Danny Fish - Police Dept., Patrol Unit - works every weekend — the calls for service at
to Baker Street Bar are excessive; if ABC reviewed this record, they would have grounds to
11 revoke ABC license as a disorderly house; Police are supportive of downtown merchants,
12 Police have met with owner /operator of Baker Street to no avail; security staff
13 responsible for their establishment and surrounding neighborhood, security in Bank
14 parking lot responsibility of bars, bar personnel should take the ABC training to
15 recognize intoxicated patrons, and learn to not serve them.
16
17 Commission question to Officer Fish — What is average staff on weekends? What is an
18 estimate of total time involved with average incidents? Is park closed at a certain time?
19 Alcohol allowed?
20
21 Officer Fish — From 9:30pm to 2:30am there is a minimum of 8 officers; the average time
22 on -site will vary with type of incident; believes park is posted as being closed at IOPM
23 (will verify), also posted no alcohol allowed.
24
25 Tom Baker indicated he didn't know about fights in last few months.
26
27 Tom Phillips — Many of Police calls (for fights) sometimes are hoaxes.
28
29 Lawrence Longenbaugh — Neighbors do not always call when there are fights, there are
30 fights
31
32 Public hearing was closed.
33
34 Commissioner Healy — stated for the record that his does not own property within 300 ft.
35 of the site, and therefore had not technical legal conflict, and his family has not been
36 affected by the disturbances.
37
38 Commission discussion —
39
40 Concerns with excessive Police calls to this business; business is completely out of
41 compliance with its Conditional Use Permit conditions of approval and the findings made
42 for the required Public Convenience or Necessity, there are ongoing noise concerns;
43 modifying use permit conditions is cumbersome; original description of business has
44 changed; consider scaling back hours of operation to IIPM, 7 days per week; Police
45 Chief should review security and require additional security; operation of this facility has
46 been disgraceful, majority of findings (by Council of Public Convenience and Necessity)
8
City of Petaluma Planning Commission Minutes — September 14, 1999
1 are being violated; Commissioner Glass in favor of Condition 3 (or possibly Condition
2 2); Commissioners Broad/Barrett in favor of revocation of Public Convenience and
3 Necessity; Commissioner Feibusch in favor of Condition 2 — time frame of 30 -60 days to
4 make significant changes; Commissioner Bennett in favor of Condition 2 — very clear
5 that this cannot continue as is — 60 days to make significant changes; Commissioner
6 Healy in favor of No. 3, or modify hours of operation, need to cater to a different
7 clientele.
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Straw vote — 2 votes for Alternative No. 2, 3 votes for Alternative No. 3.
A motion was made by Commissioner Glass and seconded by Commissioner Barrett to
revoke the Baker Street Bar and Grill Conditional Use Permit and recommend to the City
Council that they overturn the determination that Public Convenience or Necessity is
served based on the findings listed in the staff report.
Commissioner Barrett:
Yes
Commissioner Broad:
Yes
Commissioner Feibusch: No
Commissioner Glass:
Yes
Commissioner Healy:
Yes
Commissioner Vieler:
Absent
Chairperson Bennett: No
Findings
1. That Baker Street Bar & Grill at 205 Kentucky Street is in violation of its
conditions of approval of the November 12, 1996 Conditional Use Permit as
documented by the Planning Department complaint log regarding the operating
characteristics, as well as the frequency of calls for service requiring response by
the Police Department for violations.
2. That Public Convenience or Necessity is no longer served by this business
retaining its Type 47 (On Sale General eating place) State of California
Alcoholic Beverage Control license, due to the significant impact to Police
services, that its proximity to sensitive uses has created a negative impact with
regard to noise, that the use is not compatible with the uses and /or character of the
surrounding residential area, and that the Type 47 license should be revoked.
III. LIAISON REPORTS.
City Council (MH) — Housing Allocations will be on next agenda.
Tree Advisory Committee (TB) — Trees will be planted on Saturday in front
of Food For Thought on Washington.
ADJOURNMENT: 11 PM
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