HomeMy WebLinkAboutMinutes 05/27/1997Planning Commission Minutes - May 27, 1997
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CITY OF PETAL UMA
PLANNING COMMISSION MINUTES
REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL - PETALUMA, CA
May 27, 1997
7:00 PM
Commissioners: Present: Bennett, Feibusch, Maguire, Rahman, vonRaesfeld, Wick;
Absent: Thompson
Staff. James McCann, Principal Planner
Chairperson
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES: Minutes of April 22 and May 13, 1997 were approved as
printed.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: None.
COMMISSIONER'S REPORT: Commissioner vonRaesfeld - Inquired regarding the
timing for the installation of landscaping at the new Park and Ride facility - staff
investigate and report; Commissioner Rahman - Requested a status report regarding the
Ely Blvd./Washington Street intersection improvement status; Lakeville /Caulfield Shell
service station - status report at next meeting.
CORRESPONDENCE: Memo from Assistant Planner Elizabeth Dunn regarding the
Hyppolite project; memo from Allan Tilton regarding Transit Subcommittee; General
Plan Goals, Objectives, Policies and Programs Summary Document.
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on the agenda.
Planning Commission Minutes - May 27, 1997
1 CONTINUED PUBLIC HEARING
2 OLD BUSINESS-
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4 1. WESTSIDE SMELL; 421 Washington Street; AP No. 006 - 361 -032; File
5 CUP96057 (ed).
7 Continued consideration of request for Determination of Public Convenience or
8 Necessity for off -site beer and wine license in an area of undue concentration at
9 an existing gas station and convenience market at 421 Washington Street.
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11 (Continued from May 13, 1997.)
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13 Principal Planner McCann presented the staff report and recommended denial
14 of the request.
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16 The public hearing was opened.
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18 SPEAKERS:
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20 Neil Rones - Applicant's attorney - Original application indicated a liquor license from
21 an outside census tract was to be used - now an arrangement to purchase a liquor license
22 from within the census tract has been made (from 29 Petaluma Blvd. N.); understands
23 concerns with Police Department (calls in past to Westside Shell have been related to the
24 people not paying for gas); some changes can be made in store operations, i.e. move
25 coolers farther back in store, limitation of store hours, minimum age to sell liquor (25 or
26 30 years); the Use Permit could be for a trial period; limit in -store advertising; would like
27 to discuss these options with Planning staff.
28 Chairman Wick - Can we discuss these issues here tonight?
29 Neil Rones - Yes; property owner would like to "prove" that this can work; there are
30 more signatures on the petition than were submitted.
31 Commissioner vonRaesfeld - What would you say is a typical "profile" of a person
32 signing the petitions in favor of this request?
33 Neil Rones - We did not intrude on privacy of petition signers to pole them.
34 Larry Finkel - 1736 Keokuk - Allowing this license would send the wrong message to
35 the community and to youth especially; many locations already exist in this immediate
36 area for the purchase of beer and wine; allowing this type of intensification would be a
37 bad precedent.
38 Dick Sharke - McDowell Drug Task Force - The city doesn't need another outlet - we've
39 got 78 existing outlets and 21 service stations.
40 .Tin► Small - Teen Alcohol Prevention Project (TAPP) - opposed to request; an additional
41 license is not necessary; bad message to send to youth; gasoline and alcohol equals a very
42 high risk for teens; (provided statistics on teen alcohol consumption).
43 Michael Sparks - Urges against selling gasoline and alcohol at the same location.
44 Commissioner Bennett - Will vote against this because it is clear that the request would
45 not serve the public's convenience or necessity; concessions offered all miss the point;
46 has been opposed to this type of use for years; gasoline station can be profitable without
47 liquor sales.
48 Commissioner Maguire - Opposed to this request; this is not needed to compete with
49 other gas stations; alcohol and gasoline should not be sold at the same location; very
50 strongly oppose; would like to see the City work to have the State Business and
51 Professions Code on the subject of concurrent sales repealed.
52 Commissioner Rahman - Agrees with other Commissioner's comments.
53 Commissioner Feibusch - Will not be voting for this project.
54 Commissioner vonRaesfeld - Will vote against this project.
2
Planning Commission Minutes - May 27, 1997
2 The public hearing was closed.
3
4 A motion was made by Commissioner Maguire and seconded by Commissioner Bennett
5 to deny the determination of Public Convenience or Necessity based on the findings listed
6 below:
7
8 Commissioner Maguire: Yes
9 Commissioner Bennett: Yes
10 Commissioner Feibusch: Yes
11 Commissioner Rahman: Yes
12 Commissioner Thompson: Absent
13 Commissioner vonRaesfeld: Yes
14 Chairman Wick: Yes
15
16 Findings
17
18 1) Input from the Police Department indicates that additional police service
19 will be necessary as a result of the sale of beer and wine upon the
20 issuance of an additional beer and wine license within this census tract,
21 most particularly at this location. For this reason, the PCN
22 determination should be denied.
23
24 2) The proposed beer and wine license is a secondary service to the
25 primary use of the site as a gas station. As a commercial enterprise that
26 sells a certain product, its function as a gas station is based upon the
27 need for this product and an adequate market to support the sale of this
28 product. Additionally, with the approval of two conditional use permit
29 amendments, a 700 square foot convenience market exists at this site.
30 With the sale of gasoline and convenience foods and other items, there
31 are two opportunities to capture on -site sales of different products. For
32 this reason, the PCN determination should be denied.
33
34 3) The additional license for the sale of beer and wine at the proposed
35 location will be incompatible with the character of the surrounding area
36 as there are residences and one elementary school within 300 feet and
37 one church within 800 feet of the location where the proposed off -sale
38 license would be allowed. For this reason, the PCN determination
39 should be denied.
40
41 4) The sale of beer and wine at this location will have a negative impact to
42 the residents of the area as a greater incidence of alcohol related crimes
43 will occur and additional police services will be required to handle
44 complaints of more serious offenses. For this reason, the PCN
45 determination should be denied.
46
47 5) The applicant has not substantially shown that public convenience or
48 necessity will be served as there are five existing commercial outlets (7-
49 11, Volpi's Deli, La Famiglia Deli, Petaluma Market, and Tuttle's Drug
50 Store) where beer and wine can be purchased that are within walking
51 distance from the location where the beer and wine license is being
52 requested. For this reason, the PCN determination should be denied.
Planning Commission Minutes - May 27, 1997
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PUBLIC BEARING
NEW BUSINESS
H. BXPPOLITE VARIANCE; 1414 Debra Drive; AP No. 136- 324 -012; file
VAR97002 (ed).
Consideration of a request for a variance to authorize an existing two -story
addition to a single - family dwelling to encroach four feet into the required twenty -
foot rear yard.
(This item was continued to the June 10, 1997 meeting.)
COMMISSION BUSINESS:
M. APPOINTMENT of a member to review transit routes /facilities with staff.
Commissioner Rahman was appointed with input/backup from
Commissioner Bennett.
IV. PROTECT STATUS REPORTS:
1. River Plan wins Northern California Chapter APA Implementation Plan
Award
2. Kodiak Jack's Cardroom
3. Corona Reach Specific Plan (Steering Committee)
4. Noise Ordinance
5. River Inn renovation
6. South Boulevard Specific Plan - Status continued to .Tune 10, 1997.
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