HomeMy WebLinkAboutMinutes 09/26/2000Planning Commission Minutes - September 26, 2000
p , L U City of Petaluma, California
C� �? City Council Chambers
City Hall, 11 English Street
Petaluma, CA 94952
Telephone 707/778 -4301 / Fax 707/778 -4498
18 5 $ E -Mail planning(,ci.petaluma.ca.us
Web Page http: / /www.ci.petaluma.ca.us
2 Planning Commission Minutes
.3 September 26, 2000 - 7:00 PM
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5 Commissioners: Present: Barrett, Broad *, Cader- Thompson, Glass, Monteschio,
6 Absent: Feibusch, Vieler
7 * Chair
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9 Staff. George White, Planning Manager
10 Jane Thomson, Senior Planning Technician
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12 ROLL CALL
13 PLEDGE OF ALLEGIANCE
14 APPROVAL OF MINUTES: Minutes of September 12, 2000 were approved with
15 corrections.
16 PUBLIC COMMENT: None.
17 DIRECTOR'S REPORT: Memo from- Mike Moore regarding the Central Petaluma
18 specific Plan review at Planning commission on October 10, 2000; joint meeting with the
19 city council on October 23, 2000.
20 CORRESPONDENCE: Letter from Pamela Wedertz regarding Vargas Market
21 application.
22 COMMISSIONERS' REPORT: Janice Cader- Thompson — Status of the Payran flood
23 control issue.
24 APPEAL STATEMENT: Was read.
25 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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28 COMMISSION ITEMS:
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30 I. APPOINTMENTS TO COMMITTEES (Continued from September 12,
31 2000 Meeting).
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33 Appointments to Bike Advisory Committee and Tree Advisory Committee.
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35 Commissioner Barrett was appointed to the Tree Advisory Committee.
Planning Commission Minutes - September 26, 2000
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No new Bike Advisory
Committee
Representative was appointed.
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Commissioner Vieler will
continue
as Bike Advisory Committee
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Representative until further notice.
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NEW BUSINESS:
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II. VARGAS PRODUCE AND
MARKET;
PUBLIC CONVENIENCE OR
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NECESSITY; 946 Caulfield
Lane, Suite
C, APN 005- 020 -019; File #PCN
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00002 akt)
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Consideration of a request that a determination be made and
findings forwarded to the State of California Alcoholic Beverage
Control (ABC) that public convenience or necessity would be served
by the issuance of an ABC license (Type 20 — off sale beer and
wine) to Vargas Produce and Market to allow the retail sales of
alcohol at the market at 946 Caulfield Lane, Suite C.
Jane Thomson presented the staff report.
The public hearing was opened.
SPEAKERS:
Commissioner Monteschio: What are the types of licenses in this area?
Jane Thomson: That information is held by the States of California Alcoholic Beverage
Control office in Santa Rosa. It is the State that requires the local jurisdictions to process
PCN determinations, and as such provides us with whatever information they deem
appropriate for us to have. The fourteen existing licenses are all retail, but we don't have
the details on who or what specific types.
Commissioner Monteschio: I would like that information included in the future. Does
the business have a marketing plan? How many of your customers have requested this?
Maria Vargas: Three to four customers per day, mostly in summer, not as many in
winter. We have not done a marketing plan).
Commissioner Barrett: Understands the request, however, was concerned about letter
and the dance school. Will go with consensus.
Commissioner Cader - Thompson: Doesn't have a problem with the request; it will help
the business.
Commissioner Glass: No problem with the request.
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Planning Commission Minutes - September 26, 2000
1 Commissioner Monteschio: On fence.
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3 Commissioner Broad: No problem. Beer and wine is complementary to business and
4 grocery buying; this is a similar request as others. Doesn't think this will change the
5 clientele mix. Include the break down of types of permits in the next application.
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7 The public hearing was closed.
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9 A motion was made by Commissioner Cader- Thompson and seconded by Commissioner
10 Barrett to find that public convenience or necessity will be served by the issuance of an
11 Off -Sale General beer and wine license based on the findings and amended conditions
12 listed in the staff report.
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14 Commissioner Barrett: Yes
15 Commissioner Cader - Thompson: Yes
16 Commissioner Feibusch: Absent
17 Commissioner Glass: Yes
18 Commissioner Monteschio: Yes
19 Commissioner Vieler: Absent
20 Chairperson Broad: Yes
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22 Findings for the Determination of Public Convenience or Necessity:
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24 1. The proposed use is within a census tract which, pursuant to State Assembly Bill
25 2897 which amended Section 23958 of the Business and Professions Code, is
26 considered to have an undue concentration of retail liquor licenses. The Planning
27 Commission finds that, pursuant to Section 23958.4(b)(2), this license should be
28 issued to Vargas Produce and Market because:
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30 a. The sale of beer and wine in the market will provide a convenience to the
31 general public;
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33 b. The sale of beer and wine in the market to patrons increases the economic
34 viability of the business;
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36 C. Although Vargas Produce and Market is located within a census tract
37 which experiences an undue concentration of retail liquor licenses, the sale of
38 alcohol will not create a nuisance or be detrimental to the public health or welfare
39 as there will be no on -site consumption, and the hours of the retail operation are
40 limited to 8AM to 9PM, seven days per week, which will limit the potential for
41 nuisances.
42 Conditions of Approval
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44 1. Hours of operation for the sales of alcohol shall be limited to 8;00AM to 9:OOPM
45 seven days per week. An expansion of hours for alcohol sales shall require
46 additional review by the Planning Division.
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Planning Commission Minutes - September 26, 2000
1 2. No on -site tastings to consumers shall be permitted at any time. Consumer
2 tastings shall require an amendment to this CUP to allow the operation of an
3 Alcoholic Beverage Establishment.
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5 ' 3. The applicants /developers shall defend, indemnify, and hold harmless the City or
6 any of its boards, commission, agents, officers, and employees from any claim,
7 action or proceeding against the City, its boards, commission, agents, officers, or
8 employees to attack, set aside, void, or dnnul, the approval of the project when
9 such claim or action is brought within the time period provided for in applicable
10 State and/or local statutes. The City shall promptly notify the
11 applicants /developers of any such claim, action, or proceeding. The City shall
12 coordinate in the defense. Nothing contained in this condition shall prohibit the
13 City from participating in a defense of any claim, action, or proceeding if the City
14 bears its own attorney's fees and costs, and the City defends the action in good
15 faith.
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18 III. LIAISON REPORTS:
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20 City Council (JC -T) — Transportation discussion — road widening,
21 highway widening; Corona interchange versus Rainier crossing.
22 - SPARC (CM) — No report.
23 - Petaluma Bicycle Advisory Committee (WV) — Absent, no report.
24 - Tree Advisory Committee (TB) — No report.
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27 Adjournment: 7:45
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29 SAK- Planning Comm ission \Minutes \092400.doc
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