HomeMy WebLinkAboutMinutes 03/24/1998Planning Commission Minutes - March 10, 1998
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(i) upgrade the quality of public, residential, commercial and industrial
development throughout the city.
Additionally, the proposed cardroom transfer, as conditioned, will conform to the
requirements and intent, goals and polices of the Local Economy Chapter of the
Petaluma General Plan, specifically the Economic
to: Goals Section where Goal 1 is
.Provide jobs for Petaluma workers and tax revenue for the City by expanding and
maintaining diversity in Petaluma's economic base and focusing development
efforts on clean, non - polluting industry.
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The proposed cardroom license transfer,, as conditioned, will
nuisance or be detrimental to the public welfare of the community.
Conditions:
not constitute a
l • All conditions imposed by the City Council through the Conditional Use Permit
(CUP 97033) approved January 20, 2998, for the operation of the River card
Room, Inc., remain in effect.
2. The applicants shall obtain a license f>tom the city Manager pursuant to the
Petaluma Municipal Code, Chapter 6.20, prior to the commencement of new
ownership.
3. The applicants shall defend, indemnify, and hold harmless the city or any of its
boards, commissions, 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 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.
H. LIAISON REPORTS:
Heritage Subdivision going on the City Council (letter from High Density area
requesting relief from Planning - Comniasion recommended condition regarding
freezing of Transfer of Development Rights from the Urban Separator.
ADJOURNMENT: 7:25 PM
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Planning Commission Minutes - March 24 1998
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CITY OF PETAL UMA
PLANNING COMMISSION MINUTES
REGULAR MEETING March 24, 1998
CITY COUNCIL CHAMBERS 7:00 PM
CITY HALL, PETALUMA, CA
Commissioners Present: Broad, Feibusch *, Healy, Torliatt, Thompson, Vi eler
Commissioners Absent: Bennett
Staff.- Pamela A Tuft, Planning Director
Vincent Smith, Principal Planner
Elizabeth Dunn, Assistant Planner
Chairperson
PLEDGE OF ALLEGIANCE
MINUTES OF March 10, 1998 were approved as printed.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Central Petaluma Specific Plan Public Forum will be held
Saturday, 9AM[ at City Hall.
COMMISSIONER'S REPORT: Commissioner Torliatt City Council. will discuss
Urban Growth Boundaries at March 30 meeting; Commissioner Healy received letter
from neighbors of proposed County hay trucking project; Planning Director Tuft
indicated she would supply Commission with a copy of letter she sent to County last
week.
CORRESPONDENCE: None.
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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Planning Commission Minutes - March 24, 1998
1' NEW BUSINESS
..2 PUBLIC. HEARING
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4 I. PALM SUBDIVISION UNIT 2; TENTATIVE SUBDIVISION MAP
5 EXTENSION (dh); KEN ROBERTS; DOUG AND ROSEMARY McCABE;
6 433 SONOMA MOUNTAIN PARKWAY; AP NO. 136 -111 -066.
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8 Consideration of request to extend the expiration date of a Tentative Subdivision
9 Map by one year until March 22, 1999.
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1;1 Principal Planner Smith 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 - Any issues when this subdivision was originally approved?
18 Principal Planner Smith - No significant opposition to project originally.
19 Commissioner Healy - Any guidelines for handling these types of map extensions?
20 Planning Director Tuft - State Map Act governs extensions - as long as circumstances
21 have not changed, this is ministerial in nature.
.'22 Commissioner Broad - If this project was brought before Planning Commission now,
23 would the recommended conditions be the same?
;24 Principal Planner Smith - Yes.
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-26 The public hearing was closed.
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28 A motion was made by Commissioner Healy and seconded by Commissioner Broad to
29 approve a request for a one -year extension of the Tentative Subdivision Map for the Palm
30 Subdivision, Unit 2, to expire on March 22, 1999.
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32 Commissioner Bennett: Absent
33 Commissioner Broad: Yes
34 Chairman Feibusch: Yes
35 Commissioner Healy: Yes
36 Commissioner Thompson: Yes
'37 Commissioner Torliatt: Yes
38 Commissioner Vieler: Yes
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Planning Commission Minutes - March 24, 1998
1 H. MAXWELL SUBDIVISION EAST OF "D" STREET AT WINDSOR
2 DRIVE; TENTATIVE SUBDIVISION MAP EXTENSION; CHARLES AND
3 PAULINE MAXWELL; AP NO. 019 - 120 -045 (hg).
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5 Consideration of a request to extend the expiration date for the fourteen lot
6 residential Tentative Subdivision Map by one year to May 20, 1999.
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8 Principal Planner Smith presented the staff report.
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10 The public hearing was opened.
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12 SPEAKERS:
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14 Commissioner Torliatt - Regarding relationship to Stoneridge Subdivision -
15 pedestrian/bicycle access was discussed - D Street and Windsor Dr. designated as park
16 area; would like to look at access now to link Sunnyslope area to the park area.
17 Principal Planner Smith - Directed Planning Commission to section of Initial Study
18 regarding access (1996); public access discussed along Kelly Creek providing access over
19 the hill was discussed in conjunction with water line which couldn't be extended due to
20 developed property.
21 Commissioner Torliatt - We didn't know then when other properties would be
22 developed, now more properties are developing in the area - it might be possible to add
23 pedestrian access.
24 Planning Director Tuft - Potential for access along Kelly Creek was discussed at
25 Planning Commission; linking over to Sunnyslope was not plausible at that time; could be
26 made a condition at SPARC if a through connection is possible.
27 Commissioner Torliatt - Thought it was clear at City Council meeting that there was to
28 be access.
29 Principal Planner Smith - Staff reviewed Council Minutes - Resolutions reflect staff s
30 interpretation - we can review tapes of the City Council meeting.
31 Commissioner Torliatt - Spoke to Council Member Keller - he recalled access was
32 discussed (across top of slope); does Stoneridge have a Final Map yet?
33 Commissioner Healy - Is non - development area part of this subdivision or part of a
34 larger parcel? (Response from staff: non - development area is part of one of the parcels.)
35 Commissioner Torliatt - Would like to see public access issue researched (review tapes).
36 Commissioner Healy - Discussed downstream drainage issues with Craig Spaulding:
37 impacts on elementary schools in area - all at capacity now - need to learn impact to
38 school districts.
39 Commissioner Torliatt - City Manager Stouder has met with school districts - City
40 Council will be meeting with representatives from school districts soon.
41 Commissioner Feibusch - Can this be continued to the April 28 meeting?
42 Steve Buckley - Agent for developer - doesn't remember any discussion of access over
43 top of property - strictly the creek; not workable; clarify that map validity will continue
44 during this continuance.
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Planning Commission Minutes - March 24, 1998
The public hearing was continued to the Planning Commission meeting of April 28 - Staff
will supply copies of Tentative Map and exhibit showing relationship of Stoneridge and
Maxwell projects; staff will review tape of City Council meeting.
III. JOK -RZ -WILD; IRIS HOGAN; 5151 MONTERO WAY,
Consideration of a Conditional Use Permit Amendment, proposed by the applicant,
9 to allow live entertainment and the Planning Department's requirement to
10 ' recognize an existing Alcoholic Beverage Establishment within an existing
11 structure.
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13 Commissioner's Healy and Vieler abstained.
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15 Assistant Planner Dunn presented the staff report.
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V - The public hearing was opened.
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19 SPEAKERS:
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.21 ' 'Commissioner Torliatt - Clarify equality of conditions of approval for all cardroom
22 ocations - Police Department does not indicate as much of a problem with this location as
?3 with others.
:24 D.J. Phimister - Police Department - This is a different location - all issues are equal; the
25' surrounding businesses in this area are in favor of this request.
26, Commissioner Broad - No problems as proposed with conditions - only question (to
27 staff) the parking area is stark, needs landscape enhancements, is this an opportunity to
28 add any "green "?
29' .Planning Director Tuft - There was some landscaping required with the last
30' "intensification;- Planning Commission could ask for some more landscaping.
31 Commissioner Broad - Adding live entertainment should intensify use - applicant should
=32 work with Planning staff to add some amount of landscaping to "soften" parking lot.
33 Planning Director Tuft - Parking lot trees would add some enhancement.
34 Commissioner's Thompson and Feibusch - Agree with staff and Commission.
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36 The public hearing was closed.
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38' A: motion was made by Commissioner Thompson and seconded by Commissioner Broad
: 3S to adopt a Mitigated Negative Declaration, approve the Conditional Use Permit
40 amendment to allow Live Entertainment and recognize an existing Alcohol Beverage
41' Establishment based on the findings and subject to the mitigations and amended conditions
42 listed below:
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44 •Commissioner Bennett: Absent
t5 Commissioner Broad: Yes
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Planning Commission Minutes - March 24, 1998
1 Chairman Feibusch: Yes
2 Commissioner Healy: Abstain
3 Commissioner Thompson: Yes
4 Commissioner Torliatt: Yes
5 Commissioner Vieler: Abstain
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7 Findings for Adoption of a Mitigated Negative Declaration of Enviro Impact:
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9 1. An Initial Study was prepared, proper notice was provided in accordance with
10 CEQA and local guidelines for the approval of a Mitigated Negative Declaration to
11 establish the Live Entertainment and recognize the Alcohol Beverage
12 Establishment uses.
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14 2. Based upon the Initial Study and any comments received, there is no substantial
15 evidence that the project as mitigated would have a significant effect upon the
16 environment.
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3. The project does not have the potential to affect wildlife resources as defined in
the Fish and Game code, either individually or cumulatively.
4. The project is not located on a site listed on any Hazardous Waste Site List
compiled by the State pursuant to Section 65962.5 of the Government Code.
5. The Planning Commission has reviewed the Mitigated Negative Declaration and
considered any and all comments before making a decision on the project.
6. The record of proceedings of the decision on the project is available for public
review at the City of Petaluma, Planning Department, City Hall, 11 English Street,
Petaluma, California.
Findings for the Conditional Use Permit:
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The proposed Live Entertainment and Alcohol Beverage Establishment, as
conditioned, conforms to the requirements of Section 13 -100 of the Highway -
Commercial (C -H) of the Zoning Ordinance, where the minimum setback
requirements are maintained; there is sufficient on -site parking to accommodate
concurrent uses (restaurant, bar, cardroom and Live Entertainment); the square
footage of the building occupies 9 % of the site, less than the maximum site
coverage of 60 %; and the one -story structure is less than the maximum height of
40 feet.
The proposed Live Entertainment and Alcohol Beverage Establishment, as
conditioned, complies with the provisions of Section 21 -430 of the Zoning
Ordinance, where a Noise Management Plan has been submitted for the review and
approval of the Planning Department and a Security Plan has been submitted for
the review and approval of the Police Department; and the hours of operation,
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Planning Commission Minutes - March 24, 1998
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14, Mitigation Measures:
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location of the area for Live Entertainment have been disclosed to the Planning and
Police Departments.
The proposed Live Entertainment and existing Alcohol Beverage Entertainment,
on a site with a Thoroughfare Commercial General Plan land use designation, will
conform to the requirements, intent, goals, and policies of the Petaluma General
Plan. Specifically, this proposal adheres to the requirements and/or intent Local
Economy chapter of the Petaluma General Plan where Goal 1 is to:
"Provide jobs for Petaluma workers and tax revenue for the City by
expanding and maintaining diversity in Petaluma's economic base
and focusing development efforts on clean, non - polluting industry".
Provide a site plan which shows the location, height and text of signs to be posted
to reduce the speed or cars entering and exiting the parking lot. This site plan shall
be submitted for the review and approval of the Planning Department at least 30
days prior to establishing Live Entertainment at the site. The Planning Department
shall be contacted at least one week in advance of the first scheduled entertainer to
inspect the location of the signs. The applicant cannot bond to install these signs
and will not be allowed to establish the Live Entertainment use without the
installation of the signs.
No speakers will be allowed in the parking lot area. No amplified music or
broadcast of events shall be allowed outdoors. The Live Entertainment shall be
conducted exclusively indoors.
If the Planning Department receives noise complaints from adjacent uses,
additional building improvements may be required, for example: additional wall
insulation, triple glazed windows, etc.
Live Entertainment will be allowed from 8pm - 2am on any night where a
performance or karaoke is scheduled.
The applicant shall provide a minimum of two security officers on any night that
Live Entertainment is offered. The applicant shall submit a monthly entertainment
schedule, the payroll disbursement and corresponding list of employees for that
month which illustrates that two security personnel were employed and paid on
nights when Live Entertainment was offered. The report is due on the first of each
month for the previous month.
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Planning Commission Minutes March 24, 1998 -
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CONDMONS OF APPROVAL FOR CONDITIONAL USE PERMIT
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AMENDMENT, FILE CUP97038:
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From the Fire Marshal:
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1.
The increase in use may require an automatic fire sprinkler system.
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Provide one fire extinguisher, 2AlOBC type for each 3,000 .square feet of floor
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space, and/or a maximum travel distance of 75 feet.
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3.
Provide one 40BC rated dry chemical type extinguisher in the kitchen area.
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Post address at or near main entry door - minimum four, (4) inch letters on
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contrasting background.
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Address locator required to be posted at or near the driveway entrance.
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Reflectorized numbers are acceptable. Location and design to be approved by the
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Fire Marshal's office.
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Provide an approved automatic fire extinguishing system to protect all cooking
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equipment.
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Emergency exit lighting shall be provided at or near all exist and as designated by
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the Fire Marshal's office.
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All emergency lighting and exit sign lights shall have two separate sources of
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power as required in the Building Code.
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Provide panic hardware on all required exit doors.
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1.0.
Minimum fire flow required for this project is 2,500 gallons per minute at 20
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pounds per square inch (psi).
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All required fire lanes, in which no parking is allowed, shall be designated by
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painting curbs red. Where no curbs exist, signs approved by the Fire Marshal shall
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be installed.
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From the Planning Department:
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Applicant shall submit parking lot landscaping plans subject to Planning staff
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review and approval. Landscaping shall be. installed within 30 days of approval
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of the landscaping plan.
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13.x? The applicants shall defend, indemnify, and .hold harmless the City or any of its
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boards, commissions, agents, officers, and employees from any claim, action or
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Planning Commission Minutes - March 24, 1998
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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 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.
IV. LIAISON REPORTS:
1. Central Petaluma Specific Plan Committee - Meeting 9 AM Saturday in
City Council Chambers, City Hall.
2. Bike Plan Committee - Began review of Bike Plan Map - Matrix system
created; plotting suggested links, identifying breaks in bikeway.
3. Central Petaluma Specific Plan Meeting - 6PM Thursday at Luchessi
Senior Center.
V. PROJECT STATUS:
1 Holmberg Conditional Use Permit - Plans submitted today in response to
"Red Tag Stop Work Order ".
2. Heritage Subdivision - Will be heard by City Council April 6.
3'. Vintage Chateau Apartments - City Council reviewed regarding Bonds;
PUD Amendment, tiered review deferred to SPARC; PUD, environmental
review and site design review in April.
ADJOURNMENT:
agen0324 / plan93
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