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HomeMy WebLinkAboutMinutes 04/14/1998I 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 46 Planning Commission Minutes - April 14, 1998 CITY OF PETAL UAL4 PLANNING COAMSSION AIWUTES REGULAR MEETING April 14, 1998 CITY COUNCIL CHAMBERS 7:00 PM CITY HALL, PETALUMA, CA Commissioners Present: Bennett, Feibusch *, Torliatt, Thompson, Vieler Commissioners Absent: Broad, Healy Staff Pamela A Tuft, Planning Director Bonne Gaebler, Housing Administrator Vincent Smith, Principal Planner Elizabeth Dunn, Assistant Planner * chairperson PLEDGE OF ALLEGIANCE MINUTES OF March 24, 1998 were approved as printed. PUBLIC COMMENT: None. DIRECTOR'S REPORT: None. COMMISSIONER'S REPORT: Commissioner Torliatt - Received a letter regarding ownership change at Baker Street Bar and Grill - will there be a public hearing? Planning Director Tuft - None necessary, the letter was just a notification; Sonoma County Commission on Human Rights requested time before the Commission - short presentation will be scheduled for a future agenda. CORRESPONDENCE: Three additional letters (received after packet distribution), and two pieces of correspondence (from St. Vincent's) regarding St. Vincent DePaul Kitchen. APPEAL STATEMENT: Was read. LEGAL RECOURSE STATEMENT: Was noted on the agenda. 1 Planning Commission Minutes - April 14, 1998 1 2 OLD BUSINESS 3 CONTINUED PUBLIC HEARING: 4 5 L CITY OF PETALUMA, ST. VINCENT DePAUL KITCHEN. 6 7 60 -day review of St. Vincent DePaul Conditional Use Permit to continue operation 8 of the Petaluma Kitchen at 305 Payran Street. 9 10 (Continued from the Planning Commission Meeting of February 10, 1998.) 11 12 Housing Administrator Gaebler presented the staff report. 13 14 Additional staff present - Jim Carr, Director Parks and Recreation and Pat Parks, 15 Police Chief. 16 17 The public hearing was opened. 18 19 SPEAKERS: .20 21 Commissioner Feibusch (to Police Chief Parks) - How are statistics logged regarding '22 incidents at the Kitchen? 23 Police Chief Parks - Actual cases taken in the area (specific geographic area) two 24 reporting districts make up this neighborhood. 25 Commissioner Vieler - Do you have a set of statistics specific to the Kitchen? 26 Police Chief Parks - Yes, I don't have them here tonight; good relationship with COTS, 27 etc.; Police Department works very proactively in this area. 28 Vic Chiapetta - 705 E. D Street - All services located in this area/neighborhood; 29 transients are now housed in the swim center; have had enough of this in E. D Street 30 neighborhood; what are we doing to really help these people? several neighbors and 31 business owners have offered to help in development of new facility to get center away °32 from neighborhood; situation has grown worse; feeding these people is not enough; crime 33 statistics are up; no longer want these facilities in this neighborhood; property values are 34 harmed; children cannot play in the front yard; facility in jeopardy; don't want to endure 35 this anymore. 36 Sarah Chiapetta - 705 E. D Street - (Speaking for Tom Sipes) - Neighborhood has 37 worked very hard to protect their property; community policing program working well - <38 Officer Mike Vale is doing a good job; St. Vincent's is starting to listen; Bonne Gaebler 39 and City staff working with neighborhood; COTS working with neighborhood; dangerous 40 people attracted to neighborhood; more fear then in average neighborhood; park facilities 4.1 in area are not used because of homeless; make a decision to find a new home for the 42 Kitchen. 43 Paul Bromhan - Rohnert Park - There is need for services provided by St. Vincent's in 44 Petaluma; seniors, women and children make up 60% of clients; survey should be done to 45 determine type of clients and where they come from. 2 Planning Commission Minutes - April 14, 1998 1 Sarah Chiapetta - (speaking for Pamela Morris - East D Street) - Crime is up in the 2 neighborhood; (distributed photos taken last week); kitchen in residential area - must be 3 moved; CUP conditions are not being met; no policing outside of kitchen; neighborhood 4 should not be responsible for finding new location for Kitchen; neighborhood wants their 5 streets back. 6 Sarah Chiapetta - 705 E. D Street - Issue is not do we feed the homeless - the need is 7 there; people who signed petitions to keep Kitchen open in this neighborhood should be 8 willing to share responsibility - rotate facilities to neighborhoods of supporters - involve 9 them, place facility in their neighborhood; questions for Police Chief Parks - of 38 Police 10 reports, 32 were isolated to this neighborhood - 103 Police generated calls is high; what 11 about civil liberties of neighborhood residents? 12 Judith Chism - 148 Alta Drive - Concerns with safety of neighborhood. 13 John Records - COTS - Has gotten to know neighborhood well; some may feel area is 14 dangerous, some do not feel that way; Police reports do not indicate exact location of 15 incidents; COTS will participate in search for new locations - whole community should be 16 involved; majority of clients not causing trouble - 5 -10% have behavioral problems that 17 need to be assessed and help found. 18 Kay Russo - 837 Rancho Way - Would like to put health care information at Kitchen - no 19 central location for distribution of information; kitchen has come a long way; regarding 20 loitering - some patrols are being done; staff should reassess where clients are coming 21 from; how many hours per day should St. Vincent's be responsible for policing of 22 neighborhood? How large an area? City should clarify; rules of decorum adopted months 23 ago - will add specific punishments for specific behaviors; trying to include rules requiring 24 respect for neighborhood/facilities /each other; can only deny privileges which probably 25 does not adequately address neighborhood fears; concern with condition 8 (transfer of 26 authority to outside Committee) will participate, but wants Committee to recommend, not 27 establish policy; Committee should not be ultimate authority on policy; in compliance with 28 Conditions 2 and 6; tightening up other policies. 29 Jeff Ott - (considers himself homeless) - People in neighborhood don't want this facility; 30 most neighbors have hearts in correct place but there are two different priorities (wealth 31 versus human need); choice as to how to deal with transition - all agree there should be a 32 meal service, question is where is the best spot for serving; is there a business 33 neighborhood where this would work? Understands neighborhood fear for families and 34 property; has developed a criminal record because of difficult circumstances - moved to 35 Sonoma County to be in a safer area; communities need to value human needs over 36 wealth. 37 Camille Prezwodek - 5223 E. D Street - Concerns with happenings in the neighborhood; 38 developed very good relationship with City staff, Bonne Gaebler, Police Department; 39 committed to involve all of Petaluma to move facilities to another location - people won't 40 be involved until forced to do so; these facilities must be moved from this neighborhood; 41 Kitchen should not be shut down, but new location needs to be found within certain 42 timeframe; there are plenty of kitchens in other areas of Petaluma; rotate Kitchen all over 43 City; feels threatened walking in her neighborhood; Police respond very quickly, but 44 cannot do very much; many of these people verbally abuse neighbors; feels frightened in 3 Planning Commission Minutes - Apol 14, 1998 1 these situations; quality of life threatened - needs facility to do more than feed people; City 2 responsible for anything bad that happens; time to move facility after 18 years. 3 Mark Edwards - 230 Payran Street - Concerns with many of people using Kitchen 4 services; most supporters of facility are not from impacted neighborhood; adverse affect 5 on home values; urges City to find a permanent site away from single - family ;6 neighborhoods. 7 Colin MacKenzie - Ex- Police officer; never had any problems with homeless (does live -`8 one block off of D Street); only problem has been with individual who was shot; Kitchen .9 and facilities are a necessity; supports facility in this area; group against Kitchen is a 10. neighborhood "clique ". 11 Catherine Thompson - 333 Vallejo Street - More problems in neighborhood since 12 "trailers" were placed in neighborhood; many volunteers to help build a new facility when 13 new site can be found; Ed DeCarli volunteered to donate $10,000 for a new site; City 14 needs to find facility outside of a residential neighborhood. 15 Colin MacKenzie - Behavior of homeless has not been a problem - local teenagers are 16 more of a problem. 17 Tim Keligren - 410 Upham - COTS Board Member, Member of Kitchen Advisory 18 Board; Opportunity Center has solved most problems with homeless at library; many f9 needs have been met; let's move away from sense of "us and them " - Kitchen wants to be a 20 neighbor, not one more problem to try to get rid of, other problems in neighborhood being 21 caused by others - need to respond to larger problems in neighborhood. 22 Pat Tassa - 604 E. D Street - Agrees with many neighbors concerns; weary of having to 23 police own neighborhood; neighborhood is becoming a magnet attracting undesirable 24 people; neighborhood deserves peace, quiet and safety; kitchen has outgrown location; 25 City should share in responsibility of locating another facility. 26 Kevin Cashman - 413 Trinity Court - Clarify issue - most people do not advocate closing 27 Kitchen - just relocating site; idea of rotating location is a good one; Police calls are 28 staggering; inappropriate to remain in neighborhood (many facilities for children are 29 located in area); lawsuits against City might have merit, but would divide community; 30 could become a homeless "battleground "; Kitchen has not met many of the CUP 31 conditions; should be located in a non - residential area; this neighborhood has paid its dues. 32 Dena Grunt - 346 Wilson Street - Agrees with neighbors; problems will not go away all 33 have strived to find solutions; City does not have resources to relocate facilities; wants to 34 talk about progress in neighborhood - not problems with homeless; neighborhood itself - ;35 should not be responsible for solving homeless problem in this neighborhood; facility 36 should be moved from our neighborhood. 37 John Sedlander - Does not live in neighborhood, but supports Kitchen and applauds 38 volunteers there; great treasure for City; closing Kitchen would be a loss; consider 39 conditions - work with Kitchen as much as possible. 40 Louie Casazza - Agrees with other neighbors; people need help, problems extend beyond 41 Kitchen's property; this has been discussed for two years; neighbors are not bad people; 42 other neighborhoods would not want this in their neighborhood; we need to ask these 43 people to:act responsibly. .44 Joseph IDurney - 2nd Street - Ironic - most complaints heard tonight were voiced by 45 Kitchen against Opportunity Center when it was proposed. t� 4 Planning Commission Minutes - April 14, 1998 1 Grace Manley - This is a difficult issue; has called Police many times; modified residence 2 because of certain situations; Kitchen has not been responsive, would not work with her; 3 house is located in "shooting area" - very disruptive; children need a safer environment; 4 drug and alcohol abuses in small area is very concentrated; not a proper location for this 5 facility; will volunteer to help with relocation. 6 7 The public hearing was closed. 9 Discussion: 10 11 Police Chief Parks - Kitchen/Opportunity center have had some impact on Police; COTS 12 and Kitchen are trying to work closer with Police; other neighborhoods compare with this 13 neighborhood in number of calls for comparable neighborhood (library, community 14 facility„ etc.) when alcohol/drug' related calls are not counted; Police have increased 15 presence: in neighborhood in last year. 16 Commissioner Torliatt - Talked to many neighbors; investigated facilities; everyone 17 wants to achieve the same thing; Kitchen provides excellent service - asset to community; 18 not sure if this is the best location for this facility; look together for another location; other 19 Commissioners dealing with other issues such as crimes; city -wide problem to be dealt 20 with; Housing Administrator should be directed to contact County mental health services 21 to get some help for those people in need of mental health referrals; agrees with staff' 22 recommendations, but efforts to find another location need to be made. 23 Commissioner Bennett - Goal is to reconcile care for needy and neighborhood security 24 and tranquillity; two months ago Kitchen had not responded to problems - now seeing that 25 the Kitchen is trying to "get their act together "; neighborhood has rights; cooking of 26 period needed; Kitchen needs opportunity to make this work; not all problems heard 27 tonight were about the Kitchen (other facilities, library, etc.); City needs to take a role to 28 develop more comprehensive plan to solve problems; supports staff recommendations; 29 Kitchen needs opportunity to work on these problems; urges St. Vincent's to continue 30 pursuing other locations. 31 Commissioner Vieler - Not an easy problem; no easy solutions; Commission needs to be 32 more definitive; St. Vincent's needs "prompting" to help find other locations; City needs to 33 be more responsible; neighborhood should not have to live with problems; should be 34 referred to City Council for more appropriate action; need an alternative site; Council 35 should -direct staff to look for alternate sites /funding; not impacting neighborhood; agrees 36 with staff, happy to see new representative (Kay Russo) hope to see more responsiveness; 37 needs help fxom the Committee. 38 Commissioner Thompson - All agree this should not be long -term home for 39 Kitchen/other facilities; time limit should be placed on finding new location. 40 Commissioner- Feibusch. - Agrees that neighborhood needs to be assured of peace and 41 quiet, safety; believes there should be a plan - City needs to take active role; realistic plan 42 and timeframe to move facilities to a non - impacting site; agrees "temporarily" with staff 43 recommendations; have to find a way to move these facilities. 44 Commissioner Thompson - How long can CUP be extended? 5 Planning Commission Minutes - April 14, 1998 .1, Planning Director Tuft - Could ask for status report monthly - progress toward long- 2 term solution/location; could ask Council to give direction to staff. ; 3 Commissioner Bennett - Two motions - refer to City Council; comprehensive plan 4 (master plan); look at optimum means of providing all services. 5 Commissioner Torliatt - Housing Administrator should look at setting aside PCDC funds 6 in conjunction with St. Vincent's funds to find a new location; (add a specific line item for 7 mental services and site location); Housing Administrator should contact County and 8 other health services to look toward developing a south County location. -9 Commissioner Bennett - Does not want to single -out St. Vincent's - all facilities should 16 be included. 1i1 Commissioner Torliatt - Agrees with Commissioner Bennett. . 12 Commissioner Thompson - Can we get a tentative time table? '13 Housing Administrator Gaebler - Most specific date would be May 4th at Council; 14 many Opportunity Center clients will be going to new Armory site; has not hard from. 15 Council yet regarding Kitchen site; likes idea of working with all facilities; will make 16 monthly progress reports to Commission. 17 Commissioner Vieler - can compliance come back to City Council in 30 days instead of 1,8 to Commission? 19 Planning Director Tuft - Could be referred to Council; has not been done in past - -20 phrase as a request. 21 Commissioner Vieler - Planning Commission has taken a very comprehensive look at this 22 - Council needs to be referred. 23 Commissioner Torliatt - Planning Commission would be the place. to start on land use 24 and sites; should be presented to Planning Commission, not Council first. 25 Commissioner Bennett - Indicated direction - review in 30 days for improvement to CUP 26 compliance. 27 28 A motion was made by Commissioner Bennett and seconded by Commissioner Thompson 29 to find the Kitchen to be not yet fully in compliance with the terms of the CUP and to 30 require compliance with the following recommendations: '31 `32 Commissioner Bennett: Yes 33 Commissioner _Broad: Absent 34 Chairman Feibusch: yes 35 Commissioner Healy: Absent 36 Commissioner Thompson: Yes 37 Commissioner Torliatt: Yes '38 Commissioner Vieler: Yes '39 40 Recommendations: 41 42 1. Direct St. Vincent's to take immediate steps to implement specific action plans for 43 Conditions #2,5,6 and 8. 6 Planning Commission Minutes - April 14, 1998 1 2. Schedule this CUP for review in 30 days to review St. Vincent's Action Plans and 2 progress in implementation. If progress is not acceptable, staff will seek 3 Commission and Council direction on the following actions: 4 a. commence CUP revocation action 5 b. find an alternative service provider 6 7 If progress is acceptable... 8 9 3. Schedule monthly staff updates, and 10 4. Require a six -month review of the CUP with the requirement that all conditions 11 are continuing to be addressed, with emphasis on Condition #6. 12 13 A motion was made by Commissioner Thompson and seconded by Commissioner. Bennett 14 to direct staff to develop a Master Plan to include all agencies to begin identification of 15 appropriate sites and services in a timely manner and to return to Planning Commission 16 within 30 days with a comprehensive timeline for above Master Plan implementation. 17 18 Commissioner. Bennett: Yes 19 Commissioner Broad: Absent 20 Chairman Feibusch: Yes 21 Commissioner Healy: Absent 22 Commissioner Thompson: Yes 23 Commissioner Torliatt: Yes 24 Commissioner Vieler: Yes 25 26 27 NEW BUSINESS 28 PUBLIC HEARING 29 30 11 CARDROOM REGULATIONS (ed). 31 32 Consideration of Text Amendments to various sections of the existing Cardroom 33 Establishments and section of the Zoning Ordinance to comply with the State 34 Gaming Control Act. 35 36 Assistant Planner Dunn presented the staff report. 37 38 The public hearing was opened. 39 40 SPEAKERS 41 42 None. 43 44 The public hearing was closed. 45 7 Planning Commission Minutes - April 14, 1998 1 2 3 4 5 ;6 7 '8 9 10 1'1 1'2 X13 1;4 ;15 16 17 „18 19 • 20 21' 22 23 24 25; 26 27 28' 29 v 3U. 31; .32 33 34 35 36 37 39 40: 4 1 '42 4.3 44 (Discussion: ID.J.. Phimister, ' Petaluma Police - Clarified compromise regarding "house player" change. Commissioner Torliatt - Are fees different between full Planning Commission review and Administrative review? Planning (Director Tuft - Fees are higher for full Planning Commission review (public noticing fees are the same). Commissioner Vieler - Questions regarding the Patron Safety and Security Plan requirements concerned with "qualifications" requirement - should be able to be heard at Planning Commission if there is disagreement with Police requirement. Principal Planner Smith - Reason for adding the word "ancillary" was to preclude a gambling ,use as a primary use. Commissioner Torliatt - A primary use would be limited to a maximum of 15 tables anyway; do not see a problem with a stand -alone cardroom use. Commissioner Thompson - Agreed with Commissioner Torliatt. Commissioner Vieler - Department of Justice requires a Conditional Use Permit be issued by City before issuing their approval. A motion was made by Commissioner Thompson and seconded by Commissioner Vieler to recommend to the City Council approval of the proposed changes to the Cardroom Establishments component of the Zoning Ordinance based on the findings listed in the staff report. Commissioner Bennett: Yes Commissioner Broad: Absent Chairman Feibusch: Yes Commissioner Healy: Absent Commissioner Thompson: Yes Commissioner Torliatt: Yes Commissioner Vieler: Yes Findings 1. The proposed amendments to the text of the Zoning Ordinance are exempt from the requirements of the California Environmental Quality Act (CEQA under the General Rule, Section 15061, because these changes represent minor modifications which are intended to clarify provisions, streamline procedures and implement existing adopted regulations. 2. The proposed amendments are in general conformity with the intent, goals, policies and programs of the Petaluma General Plan and any applicable plans to provide for orderly growth and development within the City. 8 Planning Commission Minutes - April 14, 1998 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 3. That the public necessity, convenience and general welfare require or clearly permit the adoption of the proposed amendments. ffi. LIAISON REPORTS: 1. Specific Plan Advisory Committees - Next CPSP meeting May 7. 2. Bike Advisory Committee - Working on matrix; Bike Committee will ride bikes in Butter and Eggs Day Parade. 3. Corona Reach - Next meeting April 29. IV. PROJECT STATUS: 1. Heritage Subdivision - City Council adopted detention pond. 2. Willow Glen - Park and Creek Trails - Park Commission reviewed design plans - link with Prince Park / Corona Creek Subdivision. 3. Cross Creek - Public Improvements - Traffic circle to City Council on April 20 for funding. 4. Urban Growth Boundary - City Council authorized process /calendar. ADJOURNMENT: min0414 / plan95 10 :23 PM 0