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HomeMy WebLinkAboutMinutes 11/12/1997Planning Commission Minute - November 12, 1997 1 CITY OF PETAL UMA 2 PLANNING COMMISSION MINUTES 3 4 REGULAR MEETING November 12, 1997 5 CITY COUNCIL CHAMBERS 7:00 PM 6 CITY HALL, PETALUMA, CA 7 8 Commissioners Present: Bennett, Broad, Feibusch *, Healy, Thompson, Vieler 9 Commissioners Absent: Maguire 10 11 Staff:: Pamela Tuft, Planning Director 12 Jane Thomson, Senior Planning Technician 13 D.J. Phimister, Police Department 14 15 * Chairperson 16 17 18 PLEDGE OF ALLEGIANCE 19 20 APPROVAL OF MINUTES OF OCTOBER 21 AND 28, 1997 - Minutes approved as 21 submitted, with Commissioner Thompson abstaining. 22 23 PUBLIC COMMENT: None. 24 25 DIRECTOR'S REPORT: The Hillside Village project has been withdrawn by the 26 applicant; if resubmitted, additional environmental review will be undertaken and made 27 available for public review and comment. 28 29 COMMISSIONER'S REPORT: Commissioner Healy - Hillside Village: regarding 30 accessory dwellings potential impacts, should consider fine - tuning numbers where 31 potential constraints; concerned that homes outside the four minute response time turn off 32 sprinkler systems - information from the Fire Marshal? action needed by Planning 33 Commission? 34 35 CORRESPONDENCE: None. 36 APPEAL STATEMENT: Was read. 37 LEGAL RECOURSE STATEMENT: Was noted on the agenda. 38 39 4o NEW BUSINESS 41 PUBLIC HEARING 42 43 I. BANKSHOT BILLIARDS CONDITIONAL USE PERMIT AMENDMENT; 44 MIKE GIACOMINI, RAY ALLENA, WAYNE VIELER; 246 PETALUMA 45 BOULEVARD NORTH; AP NO. 006 - 284 -018; FILE NO. CUP97033akt). 46 47 A request by Wayne Vieler to establish a 15 table cardroom in a presently vacant 48 portion of the Bankshot Billiards facility. In order to permit this use, the existing 1 Planning Commission Minute - November 12, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Bankshot Billiards Conditional Use Permit must be amended to: 1) Include a cardroom among the commercial recreational uses allowed at the facility; and 2) to modify the mode or manner of operation of the existing Alcoholic Beverage Establishment (additional hours of operation and sharing of facilities). Senior Planning Technician Jane Thomson presented the staff report. (Commissioners Vieler and Healy abstain.) The public hearing was opened. SPEAKERS: Commissioner Broad had questions on hours of existing cardroom. Commissioner Bennett start with 6 tables, go to 15 - what about parking? Commissioner Broad Had questions regarding the number of parking spaces required for all 15 tables (answer:53), and the number required for the 6 tables Mr. Vieler would like to commence operations with (answer: 21) Wayne Vieler answered questions regarding (1) security of Bankshot Billiards (liability and vulnerability); spoke of his intent to put an alarm on the [ Bankshot] front door; will install door hardware; (2) parking; currently leases 35 spaces in the Mahoney parking lot; (3) alcohol service; to be provided to the card players by Bankshot employees, he (Vieler) will not derive any profits from the service; (4) requested the Commission delete conditions 13C (security cameras at all access areas, card tables and areas of money transaction); this is not required anywhere else; and 13D (security), Vieler had spoken with Detective Faddis regarding location(s); intention is to have 1 floor person (who will facilitate general operations) plus 1 security person from dusk to dawn; (5) requested approval of 15 tables at this time, will pay Department of Justice/Gaming Registration for all 15 so as to secure entitlement from them, but intends to only operate 6 at this time, and would pay the City for the 6; (6) parking - will designate and post at Kodiak Jack's Honky Tonk and Saloon where parking for that business is located. Victor Thuesen, 14 Martha Street the decision is governed by law; under Zoning Ordinance Section 21.420.26(b)/ "ancillary use "; how would this be an ancillary use between 2 a.m. and 12 Noon when Bankshot Billiards is closed. -with the current 2AM closure there is no problem, this would cause activity at the Petaluma Boulevard North Door 24 hours a day, what would the cardroom be ancillary to? no expansion of use; 2 a.m. to 6 a.m. there is "no use" - therefore, no ancillary, no parking, noise or other residual impacts to neighborhood; what is other larger commercial use? Parking at least 2 nights a week - a large van parks on his block half of every weekend, at 1 a.m. -2 a.m. is awakened by noise when the owner leaves - all goes with the nature of the business; inappropriate to have 24 hour operation adjacent to residential neighborhood. 2 Planning Commission Minute - November 12, 1997 i So. D.J. Phimister Security needed in the [Bankshot] front room in addition to the 2 cardroom for the security of Bankshot's property; without security personnel at each 3 entry/exit this could create a potential impact to Police Department and safety of the 4 patrons. This proposal is unique in the City. 5 6 The public hearing was closed. 7 8 Commission discussion: 9 10 Commissioner Broad agrees with Mr. Thuesen; this is a stretch for the whole project; a 11 "separate party"; fairly large operation compared to a billiard hall; need to define ancillary; 12 feels not ancillary, especially when the billiard hall is closed. 13 14 Planning Director Pamela Tuft Staff can speak to the City Attorney regarding land use 15 question of "ancillary" before the Planning Commission makes the interpretation. 16 17 Commissioner Bennett requested that the City Attorney be asked for clarification. 18 19 Pamela Tuft Recommended continuation of Commission consideration to allow staff to 20 discuss "ancillary use" issue with City Attorney, particularly with regard to case law. 21 22 Item was continued until 12/9/97. 23 24 25 26 27 28 29 30 31 32 33 34 35 CONTINUED DEPARTMENT REPORT H. DRAFT CODE OF ETHICS. Note: This item has been put on hold by the City Council, therefore no further review by the Commission is needed at this time. ADJOURNMENT: 8:45 PM min 1112 / plan89 3