HomeMy WebLinkAboutMinutes 03/14/2000Planning Commission Minutes - March 14, 2000
p, z U City of Petaluma, California
ki �? City Council Chambers
4 Y City Hall, 11 English Street
Petaluma, CA 94952
Telephone 707/778 -4301 / Fax 707/7784198
I$5 E -Mail plannin24i)ci.petaluma.ca.us
Web Page http: //ivww.ci.t)etaluma.ca.us
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Planning Commission Minutes
March 14, 2000 - 7:00 PM
Commissioners: Present: Barrett, Bennett *, Broad, Cader- Thompson, Feibusch, Glass,
Vieler
* Chairperson
Staff: Michael Moore, Community Development Director
Hans Grunt, Interim Senior Planner
Jane Thomson, Senior Planning Technician
Roll Call
Pledge of Allegiance
Approval Of Minutes: Minutes of January 25, 2000 were approved with
corrections.
Public Comment: None.
Director Deport: Mike Moore reported on Planning Manager recruitment.
Commissioners' Deport: None.
Appeal Statement: Was read.
Legal Recourse Statement: Was noted on the agenda.
NEW BUSINESS:
PUBLIC HEARING:
I. G &G SUPERMARKET; 701 Sonoma Mountain Parkway, APN 137 -070-
067; File PCN #99001 akt)
Consideration of a request that a determination be made and finding(s)
forwarded to the State of California Alcoholic Beverage Control (ABC) that
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Planning Commission Minutes - March 14, 2000
1 public convenience or necessity would be served by the issuance of an ABC
2 license (type 21— Off Sale General — beer, wine, liquor) to G &G Supermarket to
3 allow the retail sales of alcohol at the store currently under construction at 701
4 Sonoma Mountain Parkway.
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6 Jane Thomson presented the staff report.
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8 The public hearing was opened.
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10 SPEAKERS:
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12 Frank Marinello - G & W Management —The shopping center hours will be 7AM to
13 10:00 PM, however G &G has opted to close at 9:00 PM.
14 Jodie Lau - G & G Supermarket — The market proposes to close at 9:00 PM.
15 Commissioner Bennett — (to Ms. Lau) — You understand that you would need to
16 return to Planning Commission to expand hours of operation?
17 Jodie Lau — Yes. Had questions regarding the condition requiring security personnel.
18 Jane Thomson — A security plan is recommended as a condition of approval, with
19 the coordination of the training of market personnel required with Police Department.
20 Commissioner Vieler — Suggested hours of PCN be expanded to 10:00 PM, does not
21 feel it is necessary to limit, suggested Condition 4 should reflect need for a security
22 plan to be approved by the Police Department,
23 Commissioner Broad — The public notice included the hours of proposed operation,
24 supports expanded hours.
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26 A motion was made by Commissioner Vieler and seconded by Commissioner Broad
27 finding that public convenience or necessity will be served by the issuance of an ABC
28 Type 21 — Off -Sale General — (beer, wine, and liquor) License to G & G Supermarket
29 to allow the retail sales of alcohol at the store currently under construction at 701
30 Sonoma Mountain Parkway, based on the amended findings and conditions listed in
31 the staff report.
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33 Commissioner Barrett: Yes
34 Commissioner Broad: Yes
35 Commissioner Cader- Thompson: Yes.
36 Commissioner Feibusch: Yes
37 Commissioner Glass: Yes
38 Commissioner Vieler: Yes
39 Chairperson Bennett: Yes
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41 Findings for the Determination of Public Convenience or Necessity
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43 1. The proposed use is within a census tract which, pursuant to State Assembly Bill
44 2897 which amended Section 23958 of the Business and Professions Code, is
45 considered to have an undue concentration of retail liquor licenses. The Planning
46 Commission finds that, pursuant to Section 23958.4(b)(2), this license should be
47 issued to G & G Supermarket because:
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Planning Commission Minutes- March 14, 2000
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2 a. The sale of beer, wine and liquor in the supermarket will provide a
3 convenience to the general public;
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5 b. The sale of beer, wine and liquor in the supermarket to patrons increases
6 the economic viability of the business;
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8 C. Although G & G Supermarket will be located within a census tract which
9 experiences an undue concentration of retail liquor licenses, the sale of alcohol
10 will not create a nuisance or be detrimental to the public health or welfare as there
11 will be no on -site consumption, and the hours of the retail operation are limited to
12 ' 8AN4 te- 9PN4 Wnday thret• r-day; -a n�'�4 te- 8PN4 -Sunday, those of the
13 shopping center, 7AM to IOPM,Monday through Sunday, which will limit the
14 potential for nuisances.
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16 Conditions of Approval
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18 1. Hours of operation for the sales of alcohol shall be limited to
19 . those of the
20 shopping center which are 7: OOAM to 10: OOPM Monday through Sunday. An
21 expansion of hours for alcohol sales shall require additional review by the
22 Planning Commission.
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No on -site tastings to consumers shall be permitted at any time. Consumer
tastings shall require an amendment to this CUP to allow the operation of an
Alcoholic Beverage Establishment.
All employees shall comply with the Alcoholic Beverage Control (ABC) laws and
regulations. Suspension of the business owner's license by the ABC may be basis
for revocation of this CUP.
4. G & G Supermarket shall hire seeur-ity persennel, and shall ee ate-* 15
ewes wit liformulate a security plan, and shall provide the plan to the City
Police Department.
5. The applicants /developers shall defend, indemnify, and hold harmless the City or
any of its boards, commission, agents, officers, and employees from any claim,
action or proceeding against the City, its boards, commission, agents, officers, or
employees to attack, set aside, void, or annul, the approval of the project when
such claim or action is brought within the time period provided for in applicable
State and /or local statutes. The City shall promptly notify the
applicants /developers of any such claim, action, or proceeding. The City shall
coordinate in the defense. Nothing contained in this condition shall prohibit the
City from participating in a defense of any claim, action, or proceeding if the City
bears its own attorney's fees and costs, and the City defends the action in good
faith.
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Planning Commission Minutes - March 14, 2000
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COMMISSION BUSINESS:
II. Discussion of Planning Commission Procedures.
Mike Moore introduced a discussion with the Planning Commission to improve
communication.
Commissioner Bennett strongly recommended a program of help — or a walk - through
the process for new members to address such issues as proper and adequate findings.
Commissioner Barrett agreed with Commissioner Bennett — she learned quite a bit at
the recent League of California Cities Conference — agreed with a forum and training
sessions.
Commissioner Feibusch — The process should further define Planning Commission role
— land use, not design.
Commissioner Bennett — Agreed that the process is not always clear, particularly related
to design issues — would like the review process clarified and possibly established with
policies.
Commissioner Cader- Thompson — Would appreciate a retreat; believes the Planning
Commission scope is not very broad and could possibly expand scope of review;
suggested a retreat with the City Council and Planning Commission and possibly other
commissions and committees.
Commissioner Vieler — Has had some confusion with role as it relates to SPARC
questioned some of the procedures — referenced a Variance application where necessary
findings were unclear — need to be educated regarding findings; questions opportunity to
review how staff takes in and directs applications from the public.
Mike Moore — Suggested that the Commission and other committees like SPARC can
develop procedures for processing applications recognizing legal requests; welcomes
input on procedures.
Commissioner Glass — Suggested professors from Sonoma State could be brought in to
conduct local seminars.
Commissioner Broad — Thanked Mike Moore for opportunity of discussing these issues;
supports more training for Commissioners — even at each meeting or scheduled meetings;
need to recognize that Planning Commission members may not have background and
might need training on what and how the Planning Commission conducts business;
suggestion — supports more integration of public into the planning process; suggested
applicants should possibly work with neighbors first or up front as part of application
process; suggested standard use of story poles and ribbon to provide more on -site
information.
Commissioner Cader - Thompson — Supports use of technology and story poles, etc., but
need to be careful to confirm use of these tools to properly convey the project true to
form.
Commissioner Vieler — Suggested more use of City web -site — post full staff reports.
Commissioner Bennett — Views staff's role as gatekeepers to Planning Commission —
supports stronger roll by staff to share their knowledge and have the ability to suggest
alternatives as the result of new information.
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Planning Commission Minutes - March 14, 2000
1 Mike Moore — Appreciates observations, wants to work together to make better
2 decisions.
3 Commissioner Cader- Thompson — Supports efforts of staff to improve effectiveness.
4 Commissioner Bennett — Appreciates opportunity for dialog and looks forward to on-
5 going dialog.
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7 III. LIAISON REPORTS:
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9 - City Council (JC -T) — Corona Reach effort is on- going; General Plan
10 process budget is not determined.
11 - Tree Advisory (TB) — Petaluma has been designated a Tree City USA.
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13 ADJOURNMENT: 8:30 PM s \pc- plan',minutes \,0314
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