HomeMy WebLinkAboutMinutes 11/12/1996Planning Commission Minutes - November 12, 1996
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CITY OF PET.ALU: 1A
PLANNING COMIIISSION
MINUTES
REGULAR MEETING
CITY COUNCIL CHAMBERS
CITY HALL - PETALUMA, CA
November 12, 1996
7:00 PM
Commissioners: Present: Bennett, Feibusch, Thompson, Wick *; Absent: Rahman,
vonRaesfeld, Council Representative
Staff: Pamela Tuft, Planning Director
James McCann, Principal Planner
Jane Thomson, Senior Planning Technician
` Chairperson
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES: Minutes of October 22, 1996 were approved as printed -
(motion made by Commissioner Thompson - second by Commissioner Bennett).
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Memo on Sonoma State Universit}' yearly legislative update
meeting in December.
COMMISSIONER'S REPORT: None.
CORRESPONDENCE: Letter from Jim Small Teen Alcohol Prevention Project,
regarding Baker Street Bar and Grill; invitation to Planning Commission regarding tree
planting project (November 23).
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on the agenda.
Planning Commission :Minutes - November 12, 1996
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OLD BUSINESS
CONTINT _UED PUBLIC HEARING
I. NOISE ORDINANCE; CITY OF PETALUMA (vs)
Consideration of an amendment to the Zoning Ordinance to establish new Noise
Regulations.
This item was continued to the Planning Commission meeting of December 10, 1996
(motion by Commissioner Feibusch - second by Commissioner Thompson).
II. CROSS CREEK DEVELOPMENT AGREEMENT; Mardel LLC; Ely Blvd.
So. & Casa Grande Rd., APN 017 - 050 -001; File REZ 96012 Ocm).
Consideration of a request for approval of a development agreement for the Cross
Creek Subdivision.
Continued from October 22, 1996.
Principal Planner McCann presented the staff report.
The public hearing was opened.
SPEAKERS:
Matt Hudson - Attorney representing MardelLLC; distributed documents supporting
project (Resolutions. County documentation, etc.).
Chairman Wick - Suggested several changes to Development A
Principal Planner McCann - Recommended removal of the requirement of Dwelling
Construction Fee from Page 25, Line 17.
The public hearing was closed.
A motion was made by Commissioner Thompson and seconded by Commissioner
Feibusch to recommend to the City Council that the Development Agreement be found
exempt from the requirements of CEQA and to approve the agreement subject to the
findings and amended conditions listed below:
Council Representative: Absent
Commissioner Bennett: Yes
Commissioner Feibusch: Yes
Commissioner Rahman: Absent
Commissioner Thompson: Yes
Commissioner vonRaesfeld: Absent
Chairman Wick: Yes
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Planning Commission Uinutes - November 12, 1996
1 Findings
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3 1. That the proposed Development Agreement is in general conformity with the
4 Petaluma General Plan and the Petaluma Zoning Ordinance.
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6 2. That the terms of the legislation adopted by the City Council in conjunction with
7 the approval of the Cross Creek development make it desirable for public
8 necessity, convenience and general welfare top adopt this development agreement
9 to clarify obligations and entitlements of the parties involved.
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i l 3. That the approval and execution of this Development Agreement is not subject to
12 the requirements of CEQA pursuant to Section 15061 of the CEQA Guidelines.
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14 Conditions:
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16 1. Section 3.3.2 Mutual Release shall be deleted.
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1:8 2. The applicant shall revise the Development Agreement as necessary and deliver it
19 in the final form as required by Article 19.3 subsequent to the City Council
20 approval.
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22 3. Amend lines 16 and 17, page 5 to clari6 that alternate groundcover (rather than
23 turJ) could be installed at the agreement of the Parks and Recreation Commission
24 so long as no increased cost is incurred to the developer.
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26 4. Amend line 27, page 3 to strike the reference to the ballfields at Prince Park and
27 to refer instead to the industry standards of the Amateur Softball Association and
28 the Little League Baseball, Inc. Standards.
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30 3. Amend lines 20 through 24, page 9 to delete reference to the exemption from the
31 effect of subsequent Ordinances or General Plan changes.
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33 6. Amend Exhibit 5, page 25 to delete line 17, Divelling Construction Fees.
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36 III. BAKER STREET BAR AND GRILL AT THE HOTEL PETALUMA; 205
37 KENTUCKY STREET; AP NO. 006 -275 -023; FILE CUP960406kt).
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39 Consideration of a Determination of Public Convenience or Necessity and a
40 Conditional Use Permit to establish an Alcoholic Beverage Establishment in the
41 former Elk's Club facility.
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43 Senior Planning Technician Thomson presented the staff report.
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45 The public hearing was opened.
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47 SPEAKERS:
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49 Planning Director Tuft - In light of letter received tonight from TAPP, staff requests
50 Commission consider a condition prohibiting off -sale beer and wine sales.
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Planning Commission Afinutes - November 12, 1996
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Principal Planner McCann - Police representatives were unable to attend this meeting;
information from Police received today; Police Department does not support a
determination of public convenience or necessity.
Tom Baker - 64 Century Lane - applicant - purchased Hotel Petaluma 2 years ago;
believed bar and restaurant operated by Elks was the same as his proposed use; believed
that proposal would be simple, only changing from private club to privately owned
business; spoke to Police Chief two weeks ago, he has apparently now chanced his
opinion of this proposal; operates Petaluma Hotel with much less trouble, has private
security patrol; page 6 of staff report - Fire Marshal requirements - would like a year to
meet some of these requirements because of planned changes to exterior (sidewalk);
would like to wait to install street trees for same reason; Item No. 10 - noise requirement
for double -doors probably will not be necessary - would like to wait to see if there is
really a problem.
Rob Clark - Clark/Benedetti /?ethic, project engineer - Would like a clarification from
Greg Freitas regarding sound study recommendations; feels that added weatherstripping
will adequately address noise.
Greg Freitas - applicant's acoustical planner - Weatherstripping should have a significant
affect on limiting noise; noise levels were taken in morning on weekday - fairly high
ambient levels exist; with use permit conditions in place, changes could be made if
necessary.
Lawrence Longenbaugh - 225 Kentucky Street - Does not believe that public convenience
or necessity would be served with the approval of this request; activity outside of existing
clubs generates more noise than inside; Elk's Club use is not the same as a private use at
this location; parking garage is not being utilized; parking already a problem; there are
several residences in this neighborhood amend hours of operation, no off -gale alcohol
sales, main entrance and exit should be to Washington Street, not Kentuch parking
should be encouraged at parking garage; already too much rowdiness in this
neighborhood.
Mike Healy - 304 Kentucky Street - Congratulates Mr. Baker on his purchase and
operation of Petaluma Hotel; residential uses adjacent to Elk's building need to be
preserved; inadequate factual basis to make a finding of public convenience or necessity;
major events held at this site under Elk's operation have been infrequent; proposed use is
more intensive; parking concerns; should look at welfare of area residents in spite of
parking garage; reality of parking impacts needs to be considered; what would maximum
number of patrons be? nothing indicated in application; look at other parking
requirements in area - if this building were not in Downtown Parking District, 200
parking spaces would be required; believes that noise inside building «ill not be a
problem, patrons leaving building are the concern.
Gina Beneditti - Petnic - What has Police Chief recommended?
Chairman Wick - Police Chief recommended denial of public convenience or necessity
determination.
Gina Beneditti- Petnic - Information/numbers not supplied by Police Department - need
more information to base a denial upon; this use would not add another ABC license in
this area, just replacing a license; neighbors should have expected some of these
problems when moving into an area with existing mixed uses; parking is not an issue, this
building is in the parking district where other examples mentioned are not; this use has
been in existence for many years, fits in this neighborhood; this is an exciting, upscale
use, not going to be a place that will become a hang -out; lots of money was spent by
applicant on upgrading Petaluma Hotel; parking garage will be used; occupancy loads
will not change from Elk's Lodge.
Tammv Cotter - 1264 Ponderosa Drive - TAPP citizen member - If this is approved,
please place condition banning off -sale alcohol sales.
The public hearing was closed.
Planning Commission Minutes - November 12. 1996
2 Chairman Wick - Any consideration given to providing an entrance from Washington
3 Street side of building? Viable? (Requested questions be answered by Mr. Baker).
4 Tom Baker - Washington Street entrance wouldn't be very viable, would be possible, but
5 would like to investigate; would prefer to maintain separate entrance from hotel residents.
6 Commissioner Bennett - Do you see this proposal as catering to younger age clients?
7 Tom Baker - No - 40 -60 age group; wants to be good neighbor; owns other property in
8 downtown area; recognizes teenage alcohol problem, will not be contributing to this
9 problem; has a security company patrolling the hotel.
10 Commissioner Bennett - What will be driving force? bar, restaurant?
11 Tom Baker - Liquor laws dictate whether this is a bar or a restaurant, smoking, etc.; this
12 use has ibeen at this location for many years; the bar would be the key use right now.
13 Planning; Director Tuft Clarified that Mr. Baker is not planning on offering adult
14 entertainment in same sense as Zoning Ordinance definition.
15 Commissioner Thompson - Believes off -sale of beer /wine should be prohibited,
16 otherwise feels this is basically the same use as the previous long- term/historic use; I
17 don't view this as an additional license in the area.
18 Commissioners Wick/Feibusch - Agree.
19 Commissioner Wick - No evidence provided by Police in presenting their case for denial.
20 Commissioner Thompson - Findings can be made for public convenience or necessity;
21 the offering of a place for special events will ease the pressure on other facilities and will
22 be a convenience for the public; and the site is located in the busy downtown area and
23 will not impact sensitive uses.
24 Commissioner Wick - Appropriate location for this use (without off - sale); believes that
25 the setting in the downtown area reduces the potential for impact to sensitive uses as
26 defined by the PCN Resolution.
27 Commissioner Bennett - Off -sale alcohol not necessary at this location.
28 Commissioner Wick - Noise improvements - should weatherstripping not be adequate,
29 could we allow bonding to require double -doors after one year? regarding second access -
30 no intensification of use until /unless Fire Code can be satisfied.
3 1 Planning Director Tuft - Bonding acceptable - six months from commencement of use;
32 postpone street tree installation - one year: no off -sale should be permitted.
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34 A motion was made by Commissioner Thompson and seconded by Commissioner
35 Feibusch to grant a Determination of Public Convenience or Necessity, to find the project
36 exempt from CEQA and to approve a Conditional Use Permit to authorize the Baker
37 Street Bar and Grill to operate as an Alcoholic Beverage Establishment with commercial
,8 recreation based on the findings and amended conditions listed below:
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40 Council Representative: Absent
41 Commissioner Bennett: Yes
42 Commissioner Feibusch: Yes
43 Commissioner Rahman: Absent
44 Commissioner Thompson: Yes
45 Commissioner vonRaesfeld: Absent
46 Chairman Wick: Yes
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Findings for the Determination of Public Convenience or Necessity
No evidence has been provided from the Police Department to substantiate any
potential significant impact to Police services resulting from the issuance of this
license.
Planning Commission Minutes - November 12, 1996
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2. The applicant has presented arguments satisfactorily addressing the public
convenience or necessity that would be served by the issuance of this license.
3. The site for the new license is located in the busy downtown area and its
proximity to sensitive uses is not anticipated to create a negative impact.
4. The conditions of approval imposed upon the approval of the project Conditional
Use Permit will serve to ensure that the use for which this license will be used is
compatible with the uses and/or character of the surrounding area.
5. The issuance of this license will serve the public convenience or necessity by
making a facility available to the public for meeting and reception use. r
Findings of Environmental Impact
1. Proper notice has been provided in accordance with CEQA and local guidelines.
2. The project has been found to be exempt from the requirements of the California
Environmental Quality Act under Section 15301 (Existing Facilities).
3. The project does not have potential to affect wildlife resources as defined in the
Fish and Game code, either individually or cumulatively and is exempt from Fish
and Game filing fees because no significant wildlife resources have been
identified on the project site.
4. The project site 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 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
1. The granting of a Conditional Use Permit to authorize the operation of an
Alcoholic Beverage Establishment with Commercial Recreation, as conditioned.
is consistent with the requirements and intent of the Central Commercial Zoning
District (Petaluma Zoning Ordinance Article 12), as the variety of the Commercial
Recreation uses proposed to be combined with an Alcoholic Beverage
Establishment are not typically located within an individual business in the
Central Commercial District.
2. The proposed operation of an Alcoholic Beverage Establishment with
Commercial Recreation, as conditioned, will conform to the requirements and
intent, goals, and policies of the Petaluma General Plan, which encourages small.
locally -owned businesses which attract visitors and shoppers downtown and
upgrade the development of commercial ventures, and supports the economic
viability of the downtown area.
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Planning Commission Minutes - November 12, 1996
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3. The proposed operation of an Alcoholic Beverage Establishment with
Commercial Recreation will not constitute a nuisance or be detrimental to the
public welfare of the community, as a Conditional Use Permit will provide a
benefit to the community by virtue of its presence, and ability to regulate the
operating characteristics. Further, the conditions of approval will address
operational aspects of the use which have the potential for creating a nuisance.
4. The proposed operation of an Alcoholic Beverage Establishment with
Commercial Recreation is consistent with the requirements set forth in Zoning
Ordinance Sections 21- 430.24(A)(1 through 13), and Article 12, as conditions
have been imposed to regulate operating characteristics.
5. The granting of a Conditional Use Permit to authorize the operation of an
Alcoholic Beverage Establishment with Commercial Recreation « not create an
additional outlet in this geographic area, but rather replace an historic outlet use at
the same site.
Conditions
From the Fire Marshal
1. All fire protection requirements shall be met prior to commencement of use:
General
a. Remove all ancillary hardware from all doors equipped with panic
hardware (i.e. eve bolts, dead bolts, slide bolts, locks, etc.).
b. Provide 5 year certification for the sprinkler system.
C. Provide occupant load signs for each event room and bar (dining and
assembly).
d. Provide one 2Al0:BC fire extinguisher for every 3000 sq.ft. or 75 feet of
travel.
e. Remit fire permit fee of $60.00 to the Fire Marshal's office for assembly
occupanc-,..
f. Repair or replace emergency lighting throughout, add where requested.
Mezzanine
g. Provide occupant load sign for balcony (10 or less).
Upper Level Storage and Hall
h. This area shall remain clear and unobstructed at all times. No storage or
materials permitted in this area.
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Planning Commission ,Minutes - November 12, 1996
1 Upper Level Lounge
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3 i. Provide panic hardware on existing door. The door shall swing in
4 direction of travel. Provide exit sign.
5 y
6 j. This room requires 2 exits. Provide a new exit at the east end (Kentucky
7 Street) according to current Uniform Fire and Uniform Building Codes.
8 This includes exit signs, emergency lighting, door hardware, etc. Install
9 ivithin one year after approval of this project.
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11 Bottom of Stairs coming from Upper Lounge
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13 k. Provide an exit sign.
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15 Lower Level Hall
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17 1. The door shall swing in direction of travel. Provide panic hardware.
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19 Pathway from Upper and Lower Level Halls to Hotel Lobby-
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21 m. This area shall remain clear and unobstructed at all times.
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23 Dining Are
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25 n. Provide exit sign at double doors leading directly to lower lounge.
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27 From the Planning Department
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29 For the Alcoholic Beverage Establishment:
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31 1. The Alcoholic Beverage Establishment shall comply with all rules, regulations
32 and requirements of the Petaluma Zoning Ordinance. the Petaluma Municipal
33 Code, and the State of California Department of Alcoholic Beverage Control.
34 Suspension of the applicant's license by the ABC may constitute sufficient basis
35 for review and possible revocation of this CUP.
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37 2. This CUP to authorize the bar as an Alcoholic Beverage Establishment is hereby
38 issued exclusively to the Baker Street Bar and Grill, located at 205 Kentucky
39 Street. The CUP shall not be assigned, transferred, enlarged. expanded, or mode
40 and/or manner of operation changed without prior notification to the Planning
41 Director. The Planning Director may, refer a sale or transfer request to the
42 Planning Commission, pursuant to Petaluma Zoning Ordinance Sections 21-
43 430.16(A)and (B), and 21- 430.18.
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45 3. The hours of operation for the office and bar shall be as follows:
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47 a. OFFICE: Seven (7) days per week. 24 hours per day.
48 b. BAR: Seven (7) days per week. 9AM to 2A-M.
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Planning Commission Minutes - November 12, 1996
1 4. A minimum of one (1) security personnel shall routinely, at all times when the bar
2 is open, monitor activities at the bar. At the discretion of the Police Chief,
3 additional qualified security personnel shall be employed to insure safety and
4 orderly conduct in front of the premises.
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6 5. Bar personnel shall check identification (I.D.) at the entrance(s) to the bar to
7 insure patrons are of legal age to enter.
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9 6. The Planning Director and Chief of Police shall be notified a minimum of ten (10)
10 days in advance of special events that may attract larger than normal crowds. The
11 Chief of Police may require and the owner /operator shall provide additional
12 qualified security personnel on site to provide adequate crowd control.
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14 7. Within 90 days start of employment of each employee of the bar, verification of
15 completion of a Responsible Beverage Service Program recognized by the
16 Department of Alcoholic Beverage Control (ABC) shall be filed with the Planning
17 Department.
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19 8. No off alcohol sales shall be permitted
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21 For the Commercial Recreation:
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23 9.8-- The proposed commercial recreation activities, including: live entertainment.
24 banquets, dances, private parties, films, lectures, business meetings, and charity
5 events shall be the limit of the activities permitted at this site. Any activity not
26 specifically named in the above shall be prohibited without amendment to this
27 CUP. Intensification or expansion of the use. such as provision of additional type
28 of commercial recreation, expansion of hours shall require an amendment of this
29 CUP. No "Adult entertainment" activities, as defined in Section 21 -410 through
30 21- 410.48, shall be permitted without amendment to this CUP.
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.i2 10.9- The hours of operation for the commercial recreation and live entertainment shall
33 be as follows:
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35 a. COMMERCIAL RECREATION (banquets, dances, private parties, films,
36 lectures, business meetings. charity events): Seven (7) days per week,
37 8AM to 2 :OOAM. Should any commercial recreation activity involve live
38 entertainment, the live entertainment shall cease at 11 PM.
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40 b: LIVE ENTERTAINMENT: two days per week 9AM to 2AM, 5 days per
41 week 9AM to 11 PM.
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43 11.4.0., Prior to the commencement of use. the building shall be improved for noise
44 reduction as follows: door and window seals (weather- stripping), shall be installed
45 on all doors (interior and exterior) in the bar and "event" rooms. A double door
46 system shall be devised for the entry f six months after commencement of use.
-47 noise complaints are received A bond shall be posted prior to commencement of
48 use to insure this noise reduction measure is undertaken if necessary. Staff shall
49 be contacted for inspection purposes.
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5.1 12.44 -. To reduce potential noise impacts on the neighborhood, all doors shall remain
52 closed at all times.
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Planning Commission Minittes - ,November 12. 1996
13.E At no time shall business activities exceed Performance Standards specified in the
Uniform Building Code, Section 22 -301 of the Petaluma Zoning Ordinance, and
the 1987 General Plan.
6 Standard Conditions
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8 1.1.E Any exterior alteration to the building shall require Site Plan and Architectural
9 Review by the Planning Director.
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11 13.E A minimum of two (2) street trees shall be planted on the Kentucky Street
12 frontage pfier- to within one year of the commencement of the use. Planter wells
13 shall be excavated for the street trees, and the trees (with grates) shall be installed
14 in conformance with the City's street tree standard. Trees chosen shall be per the
15 Downtown Tree Planting Plan, and shall be subject to the Planning Director's
16 review and approval. An excavation permit shall be obtained from the Public
17 Works Department for any sidewalk removal /replacement during this endeavor.
18 The property owner shall be responsible for the watering and maintenance of the
19 trees.
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21 16.4 -- This CUP which authorizes the establishment of an Alcoholic Beverage
22 Establishment with Commercial Recreation may be recalled to the Planning
23 Commission for review at any time due to complaints regarding lack of
24 compliance with conditions of approval, noise generation, or other adverse
25 operating characteristics. At such time, the Commission may revoke the CUP or
26 add/modify conditions of approval.
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28 1-.4-6: The applicant shall defend, indemnify, and hold harmless the City or any of its
29 boards, commission, agents, officers, and employees from any claim, action or
30 proceeding against the City, its boards, commission, agents, officers, or
31 employees to attack, set aside, void, or annul, the approval of the project when
32 such claim or action is brought within the time period provided for in applicable
33 State and /or local statutes. The City shall promptly notify the applicant of any
34 such claim, action, or proceeding. The City shall coordinate in the defense.
35 Nothing contained in this condition shall prohibit the City from participating in a
36 defense of any claim, action. or proceeding if the City bears its own attorney's fees
37 and costs, and the City defends the action in good faith.
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40 IV. ZONING ORDINANCE :��IENDMENTS; CITY OF PETALUNL =k.
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42 Consideration of amendments to the Zoning Ordinance regarding in -home child
43 care facilities; Floodwav[Flood Plain District provisions; and provisions
44 regulating Minor Use Permits.
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46 Principal Planner McCann presented the staff report.
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48 The public hearing was opened.
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Planning Commission A/inutes - November 12, 1996
i SPEAKERS:
2
3 Barbara Schwab - 801 Madison Street - Does not believe large family daycare facilities
4 within 300' of each other would be a problem if businesses are operated properly;
5 supports the proposed amendment.
6 Dorothv McCullah - 804 Madison Street - Operates large family daycare facility across
7 street from above speaker; concerns with over - abundance of daycare facilities in her area;
8 Madison will become a busy street when bridge goes back in; believes that the
9 regulations should not be amended - would be unfair to existing operators.
10 Commissioner Wick - (to Ms. McCullah) Isn't that an argument against your own daycare
11 being located where it is?
12 Dorothy,McCullah - Did everything by the book, now the rules should be dropped? fees
13 waived ?;my property value would be lowered if this is allowed.
14 Linda Sliffer - 22 Montclair Court - Small family daycare provider, would like to expand
15 daycare; abundance of need for daycare in Petaluma; quality daycare providers are always
16 needed; supports proposed amendment.
17 Tamara Wilson - 2 -4 Sunny Slope Avenue - (Dorothy McCullah's daughter) - also
1 "8 opposed to proposed amendments; concerned with uses at adjacent center.
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20 The public hearing was closed for consideration of in -home child care facilities and
21 minor use permits.
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23 A motion was made by Commissioner Bennett and seconded by Commissioner Feibusch
24 to find the proposed amendments to the Zoning Ordinance exempt from the requirements
25 of CEQA and to recommend approval to the City Council based on the findings listed
-26 below:
27
28 Council Representative: Absent
29 Commissioner Bennett: Yes
30 Commissioner Feibusch: Yes
3`1 Commissioner Rahman: Absent
32 Commissioner Thompson: Yes
33 Commissioner vonRaesfeld: Absent
34 Chairman Wick: Yes
35
36 Findings
37
38 1. The proposed amendments to the text of the zoning ordinance are exempt from
39 the requirements of the California Environmental Quality Act (CEQA) under the
40 General Rule, Section 15061, because these changes represent minor
41 modifications xvhich are intended to clarify provisions, streamline procedures and
42 implement existing adopted regulations.
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44 2. The proposed amendments are in general conformity with the intent, goals,
45 policies and programs of the Petaluma General Plan and any applicable plans to
46 provide for orderly growth and development within the City.
47 r
48 3. That the public necessity, convenience and general welfare require or clearly
49 permit the adoption of the proposed amendment.
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Planning Commission Minutes - November 12, 1996
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The public hearing for the remaining text amendments was continued until December 10,
1996.
V. LLa1SON REPORTS:
SPARC: Commissioner Bennett - 1) Destruction of Buchanan house at T«zn
Creeks: 2) Ramatici Industrial Building; Haystack Landing.
ADJOURNMENT: 9:15 PM.
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