HomeMy WebLinkAboutMinutes 03/10/1998Planning Commission Minutes - March 10, 1998
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2 CITY OF PETAL umA
3 PLANNING COMA HSSION 11 MTES
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5 REGULAR MEETING March 10, 1998
6 CITY COUNCIL CHAMBERS 7:00 PM
7 CITY HALL, PETALUMA, CA
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9 Commissioners Present: Bennett, Broad, Feibusch *, Torliatt, Thompson, Vieler
10 Commissioners Absent: Healy
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12 Staff: Pamela A Tuft, Planning, Director
13 Jane K. Thomson, Senior Planning Technician
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115 ' Cha4emn
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" PLEDGE OF ALLEGIANCE
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19 MINUTES OF February 24, 1998 were approved as printed.
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21 PUBLIC COMMENT: John Chaney - 55 Rocca Drive - On 9/28/93, Holmberg
22 Roofing Company received a 5 -year Conditional Use Permit - My concerns are: no fill in
23 floodway; construction activities being done without permits; previous problems with fill;
24 required to put in drainage ditch within 90 days - it was 2 years; landscaping not
25 completed; before floods construction equipment moved in; complained to Joe Kagan;
26 called Pamela Tuft on 3/9 - dirt moving but no fill; talked to person moving dirt - intent
27 was to move dirt and put on a load of gravel; grading lot and moving dirt into river area;
2.8 exhibited photos; Hans Grunt indicated that all that was happening was pothole filling;
29 wants fill stopped - there aren't any permits - wants it red - tagged. Planning Director
30 Tuft - Wants to look at elevation plan; Hans Grunt took a look at the site; has asked Hans
31 to research the Conditional Use Permit if not in compliance, will look at revocation of
=32 conditional use permit. Commissioner Torliatt - Requested status report at the next
33 meeting. Commissioner Feibusch - Wants to see elevation/grades.
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35 DIRECTOR'S REPORT: None.
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37 COMMISSIONER'S REPORT: Commissioner Torliatt - City Council meeting
38 regarding Corps of Engineers Flood Project and Putnam Plaza.
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:40 CORRESPONDENCE: None.
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42 APPEAL STATEMENT` Was read.
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44 LEGAL RECOURSE STATEMENT- Was noted on the agenda.
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Planning Commission Minutes - March 10, 1998
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2 NEW BUSINESS
3 PUBLIC HEARING
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5 L THE RIVER CARD ROOM INC.; 246 PETALUMA BLVD. NORTH; AP
6 NO. 006 - 284 -018;. FILE NO. 980050kt).
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8 Consideration of a request to amend an existing Conditional Use Permit to
9 recognize new ownership interest in the River Card Room, Inc.
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11 Senior Planning Technician Thomson - Presented the staff report.
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13 The public hearing was opened.
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15 SPEAKERS:
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17 Commissioner Broad - Why is Conditional Use Permit person specific and who does
18 review? What is status of two CUP's for Vieler cardrooms? Won't be voting for
19 approval - not in support of 24 hour operation and concerned with controlling interest.
20 Planning Director Tuft - Explained Petaluma's cardroom regulations which require
21 issuance to an individual rather than the CUP running with the site; Mr. Vieler is only able
22 to exercise one CUP for a cardroom.
23 The public hearing was closed.
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25 A motion was made by Commissioner Thompson and seconded by Commissioner Bennett
26 to find this project exempt from CEQA and grant approval of a transfer of the Conditional
27 Use Permit to a new licensee - The River Card Room, Inc. - consisting of Wayne E.
28 Vieler, Michael J. Giacomini, and Raymond J. Allena, based on the findings and subject to
29 the conditions listed below:
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31 Commissioner Bennett: Yes
32 Commissioner Broad: No
33 Chairman Feibusch: Yes
34 Commissioner Healy: Absent
35 Commissioner Thompson: Yes
36 Commissioner Torliatt: Yes
37 Commissioner Vieler: Abstain
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39 Findings
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41 1. The proposed cardroom license transfer, as conditioned, will conform to the
42 requirement and intent of the Petaluma Zoning Ordinance for uses permitted within
43 the Highway commercial (C -H) zone.
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45 2. The proposed cardroom license transfer, as conditioned, will conform to the
46 requirements and intent, goals and policies of the Community character Chapter of
47 the General Plan, specifically this objective within the Nature and character of
48 Development section:
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Planning Commission Minutes - March 10, 1998
2 (i) upgrade the quality of public,
3 development throughout the city. residential, commercial and industrial
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5 Additionally, the proposed cardroom transfer, as conditioned, will conform to the
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6 requirements and intent, goals and polies of the Local Economy Chapter of the
Petaluma General Plan, specifically the Economic Goals S
8 to: ection where Goal 1 is
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10 Provide jobs for Petaluma workers and tax revenue for the City by expanding and
11 maintaining diversity in Petaluma's economic base and focusing development
12 efforts on clean, non- polluting industry.
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14 3. The proposed cardroom license transfer,, as conditioned, will not constitute a
15 nuisance or be detrimental to the public welfare of the community.
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'17 Conditions:
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19 20 1. All conditions imposed by the City Council through the Conditional Use Permit
l (CUP 97033) approved January 20, 2998, for the operation of the River c
Room, Inc., remain in effect. d
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23 2. The applicants shall obtain a license fom the city Manager
24 Petaluma Municipal Code, Chapter 6.ZU tY g pursuant to the
25 ownership, p ;prior to the commencement of new
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27 3. The applicants shall defend, indemnify, and hold harmless the city or an of its
28 boards, commissions, agents, officers, ands employees from any claim, action or
29 proceeding against the City, its b
30 oards, commission, agents, officers, or employees
` to attack, set aside, void, or annul, the approval of the project when such claim or
31 action is brought within the time period provided for in applicable State and/or
32 local statutes. The City shall promptly notify the applicants of any such clai
33 action, or proceeding.. The City shall coordinate in the defense. nothing contain d
34 in this condition shall prohibit the City rom
35 action, or proceeding if the City bears its participating a o a rneyy's fees costs, and the
.36 City defends the action in good faith. the
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39 II. LIAISON REPORTS:
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41 Heritage Subdivision going on the City Council (letter from High Density area
4.2 requesting relief from Planning Commission recommended condition regardin
0 freezing of Transfer of Development Rights° from the Urban Separator. g
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ADJOURNMENT: 7:25 PM
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48 agen0310 / plan93
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