Loading...
HomeMy WebLinkAboutMinutes 11/08/1994313 1 2 3 4 5 6 7 8 9 10 11 F-0 1 21 22 23 24 1 5 6 7 8 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 9 0 1 2 PLANNING COMMISSION MINUTES REGULAR MEETING November 8, 1994 CITY COUNCIL CHAMBERS 7:00 P.M. CITY HALL PETALUMA, CA PLEDGE OF ALLEGIANCE. ROLL CALL: Present: Rahman, Stompe (left at 9:00 PM), Thompson *, Torliatt, vonRaesfeld; Absent: Parkerson, Wick STAFF: Pamela Tuft, Planning Director Jim McCann, Principal Planner Chairman APPROVAL OF MINUTES of October 25, 1994 were approved as printed. PUBLIC COMMENT: None. DIRECTOR'S REPORT: None. COMMISSIONER'S REPORT: Chairman Thompson requested that the letter received from Mr. and Mrs. Frank Paula regarding 333 and 334 1/2 Bodega be included in future packets: regarding the abatement and that they be added to any mailing lists for future noticing regarding this abatement. CORRESPONDENCE: Letter from Ms. Gerri Parrilla regarding Petaluma Queen; Two letters from Neal Barker regarding Petaluma Queen. APPEAL STATEMENT: Within fourteen (14) calendar days following the date of a decision of the Planning Commission, the decision may be appealed to the City Council by the applicant or by any other interested party. If no appeal is made within that time, the decision shall be final. An appeal shall be addressed to the Council in writing and shall be filed with the City Clerk. Said appeal shall be accompanied by the appeal fee as specified by Resolution 92- 251 - N.C.S. as adopted by the City Council. The appeal shall state specifically the grounds for the appeal and the relief sought by the appellant. LEGAL RECOURSE STATEMENT: Was noted on the agenda. NEW BUSINESS PUBLIC HEARING I. WAYNE VIELER, ZONING ORDINANCE INTERPRETATION. Appeal of the Zoning Administrator's (Planning Director's) Zoning Ordinance interpretation regarding bars and live entertainment. 1 314 Planning Director Pamela Tuft presented the staff report„ The public hearing was opened. SPEAKERS: Wayne Vieler - Owner, Kodiak Jack's - here for clarification - when the question of live entertainment in bars first came up regarding my'business license, staff was unsure; asked for clarification through City Attorney; three lawyers I have consulted indicate live entertainment should be allowed at my location; has documentation regarding which bars have CUP's, which don't; precedent set in opposite direction from staff s approach, many clubs have live entertainment without a CUP; many bars in downtown area offer live entertainment without charging a fee; concerned that he is, being discriminated against. Commissioner Rahman - Can the Commission decide if someone is being discriminated against? Planning Director Tuft - Was not aware that many businesses offer live entertainment e.g.: (Sonoma Joe's, Blue Note; just became aware of Bar Guadalajara this past summer); when we we're apprised of these violations, we contacted the businesses (approximately 8) and directed them to obtain the required .CUP; most are in the process of doing so. Commissioner Rahman Can support: zoning requirements; not sure of'legal issues. Planning Director'Tuft - Processing CUP's for other bars, they will be given due process as Mr. Vieler has; interpretation doesn't have anything to do with location of 'Mr. Vieler's business; text amendment to codify interpretation of bar could, if needed, be brought back at a later date. Steamer's Gold is a nightclub - legal, non - conforming; definition of night club is alreadyin the code. Commissioner Torliatt - Questions regarding interpretation of definition of bar - seems that definition for bar needs to be adopted. Planning Director Tuft = Yes, that could be the next step if Commission agrees with this interpretation. Commissioner Rahman - Do you (to Director Tuft) know if other communities (like ours) have had this type of problem /questions? Planning; Director Tuft - Most recent changes (in other cities) are going to more generic definitions (alcoholic beverage establishments); as of now, that legislation is not in place; if it were, Mr. Vieler would need a use permit; in this case, we have been. operating in good faith. In the with absence of complaints, we would not have been aware of some of these problems. Commissioner Rahman Questions regarding cover charge. Planning Director Tuft - Free. dance lessons and non -live music would be allowed without a CUP and is allowed now. Commissioner Torliatt - It is clear tl at we need a definition for bar, it needs to be noticed; does not have a problem with the interpretation presented tonight. Planning Director Tuft This is an interim measure until. such time as the City Council acts on the pending Alcoholic Beverage Establishment regulations. Should the council adopt those regulations, the term "bars" will no longer be used. Should they not adopt the pending regulations, then codification (with proper notice) of this interpretation would be appropriate. Commissioner Rahman If Steamer building was empty and someone applied for a CUP for a nightclub, would they be allowed to operate? Planning Director Tuft - Yes,°with a CUP., Wayne Vieler - Definition of night club (1987) - why wasn't anything. regarding bar definition passed? live entertainment, has been a part of bars for years and years; how can this interpretation not be considered a legal precedent? If I go to court over this because I go out of business because of this, I hope everyone understands clearly the legal ramifications of this decision and if it will hold up in court. 2 315 1 3 4 6 7 8 9 10 11 �V 20 21 22 23 24 2 8 9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 1 2 3 54 Jack Balshaw - Kearny Court - Has had discussions with downtown bar owners, Mr. Vieler has been put in the middle - bar /night club should be interpreted in same manner; staff and Commission are being drawn into a big problem. Commissioner Torliatt - Live entertainment may bring in larger crowds than recorded music. The public hearing was closed. Discussion Planning Director Tuft - What is being appealed is an interpretation; City Attorney has ruled that the Planning Director can make an interpretation which can be appealed to the Planning Commission and thereafter to the City Council; requested direction if Commission does not agree with interpretation. Chairman Thompson - We are not creating law here, that is not our intention. Commissioner vonRaesfeld - I believe the Planning' Director's interpretation is very accurate. Commissioner Torliatt - Only concern regards lack of public noticing. Commissioner Rahman - Concerned (from before) shouldn't distinguish between live /recorded music; if no disturbance outside, shouldn't be limited; careful not to do something not enforceable. Commissioner Thompson - Not a complete definition - can this be continued? Planning Director Tuft - Described the appeal process, can be continued for more definition or discussion. Commissioner vonRaesfeld - If we deny this appeal and a more restrictive ordinance is put intol place, would Mr. Vieler be under new or existing ordinance? Planning Director Tuft - Existing live entertainment now requires a CUP. Planning: Director Tuft - If the Commission chooses to uphold this appeal this evening, then this definition will not take place and a permitted bar in any of our zones could have live I entertainment with no regulations or restrictions; in the CC or CH District, any bar would be allowed to have live entertainment without regulations through a discretionary action or process - I just want to make that clear; if they had it prior to October 7, 1994 (the date the most recent amendment to the Zoning Ordinance became effective), they would be allowed to continue it. Commissioner Thompson - We're not passing this into law, it's strictly upholding an interpretation and we're not agreeing that this is the definition. A motion was made by Commissioner vonRaesfeld to deny the appeal of the Planning Directo'r's interpretation providing a definition of "bar /cocktail lounge" based on the findings listed in the staff report - There was no second to this motion. Victor Thuesen - 14 Martha Street - Commission is being asked by Mr. Vieler to overturn an interpretation of a three -year old ruling; in August of this year the City Attorney was asked to. give a written opinion of existing businesses; when Kodiak Jack's opened in June of this year there was an interpretation that a bar could be operated at his location; Mr. Vieler wants the definition of bar stretched to allow live music as well. Jack Balshaw - I am getting upset; public hearing process does not allow applicant to respond` after the public hearing has been closed, that is unjust. item was continued (with the Public Hearing open) to the Planning Commission ina of November 22. 3 316 II. WILLIAM BARKER; PETALUMA QUEEN, CONDITIONAL USE PERMIT AMENDMENT, 226 WELLER STREET; FILE 0066(cup) (tp). Request to amend the Conditional Use Permit to authorize use of Calliope, installation of two storage buildings, off -site parking, increased vessel occupancy, and deletion of restrictions on boat passage through the D Street Bridge. Principal Planner Jim McCann presented. the staff report. The public hearing was opened. SPEAKERS: Commissioner Torli'att - Have had issues with the Petaluma Queen four'times why is staff supporting ° a CUP- Amendment now? PnnciDal- Planner McCann - Staff is optimistic and confident that compliance with the CUP will be. achieved. CommissionervonRaesfeld - Questions regarding parking adequacy. Principal Planner McCann Amendment would increase capacity provided that adequate parking is available: zoning permit still necessary for special events. Commissioner von'Raesfeld ­City has no monitoring capacity regarding the event parking; applicants have leases on Bar -Ale site, etc., if spaces are lost, will Use Permit terms require occupancy to drop? (Answer from Jim McCann, yes.) Commissioner Stompe - Dock has been a hazard during peak use (sinking) from too many people. Public Works Director Gene Beatty - Floating dock was overloaded .at one time; does not have weight load information; operator has implemented changes in loading; :my major concern is with bridge openings applicant has changed schedules, miscommunication; in general, advanced_ notice has been provided; boat usually does not get through bridge before lunch hour; schedule needs to be moved ahead 15 minutes. Commissioner Stom­De - Concerns with liability of City at docks - can operator be required to block off area during heavy -use events ?. Public Works Director Gene Beatty - Boat operator has a hold - harmless clause in their insurance policy; not in anyone's' interest not to address concerns. Vera Jenkins - Petaluma Queen Employee have only failed to call City with schedule once; called all merchants within Turning Basin regarding calliope no complaints; takes children out on tours; go out at noon because of"lunch tours. Laura Canawell - 6 "C Street - has business on Turning Basin, music too loud, causes a disturbance for her business; calliope is played too. long - up to 10 minutes at a time. Carolyn Williams - 617 5th - owner of Apple Box - requested calliope not be played in Turning Basin; too loud, disruptive; solution is to play down= river, past marina. David Mayer 34 Vallejo Street_- Only received notice for this meeting on ,Saturday, not enough time to respond ;, Commissioner T,orliatt made a good point regarding history of project; why are they serious now? noise from calliope carries all the way 'to Helen Putnam Park; concerns regarding flooding and storage building; continue this to a later meeting, do not make a decision tonight. . Regina Brubaker ,Petaluma Queen employee - there are many noises worse than the calliope music; music only played for three minutes at the most; City of Vallejo'wrote letter thanking riverboat for participating in their River Festival; use is very positive for community. Dick Lieb - Has been working with staff and owner for last three months;,' making a lot of progress; .landscape issues, parking lot improvements, calliope is good for business in Turning Basin, playing time has been cut down - only operates when boat is underway; calliope cannot be turned down; handicap access must be provided by Federal law; dock 2 317 1 operates more safely now; operator agrees with City requirement to notify City when occupancy exceeds- 200; bridge tender should, keep a record of opening times during the lunch hour for 60 days (including length of time open); regarding storage buildings and flooding'. - two small (120 sq.ft.) storage buildings are now proposed; admitted that there 5 have been problems, are working with staff; optimistic tonight - doing all he can to work 6 with staff /operator. 7 (Committee Member Stompe left the meeting - 9:00 PM) 8 Bill Barker - Petaluma Queen owner /operator - Presented a slide program; bridge does 9 not have to be opened during floods, etc. if unsafe; boat has right -of -way over vehicles; 10 requests that hours for bridge opening be eliminated; sometimes other vessels pass through 11 bridge at. same time as the Queen; only plays calliope when leaving Turning Basin, never played on way back; slides show lots of storage all along river; all waiting patrons are directed to wait at Cavanaugh Landing Park; dock hasn't been overloaded since the first time; slides of other floating storage buildings (Sacramento /Berkeley); just got to see the staff report on Monday - concerns regarding parking ratios, graywater. issue; objected to requirement of containing all graywater, does not have holding capacity, not reasonable to require graywater containment; parking requirements should be relaxed, many passengers arrive by bus, requested 4 to 1 parking ratio to be consistent with other businesses. Tom Williams - Apple Box owner - not the lone opposition to the Petaluma Queen, hopes 20 they are .successful: objection only to the calliope noise; important to define time /place 21 that calliope can be played; encourages fairly strict times. 22 David Mayer - 34 Vallejo - Issue of crowd control on docks; docks are public, these 23 shouldn't be restrictions to dock usage by public; Petaluma can set it's own standards. 24. Commissioner Torliatt - All outstanding issues not cleared up and need to be satisfied 25 before this CUP can be amended. 6 Commissioner Rahman - different tact - prepared to support because of work with 7 applicants; is parking ratio maybe a little tight? prepared to support staff as is. 8 Commissioner vonRaesfeld - several issues: 1) Calliope - progress has been made, 9 applicant has been more reasonable; 2) Parking - supportive of staff recommendations; 3 30 Condition 2 - include wording that states if any leases are lost, occupancy will go down; 4 31 Event parking good idea; City may evaluate a poorly operated operation; 5) sympathizes 32 with operator regarding graywater, maybe signs indicating that water goes into the River 33 would help; 6) Bridge - reasonable to require boat to leave before noon and return after 1 34 PM. 35 Chairman Thompson - Should calliope be allowed to play 2 -3 minutes at departure? 36 Commissioner Rahman - Leave it 2 -3 minutes in Turning Basin - maximum of three 37 minutes on departure. 38 Commissioner Torliatt - Will vote no because they have returned so many times; resolve 39 currently outstanding issues first; the boat is asset to the community. 40 Commissioner Rahman - (to operator) watch water being dumped into river. 41 42 43 The public hearing was closed. 44 45 A motion was made by Commissioner Rahman and seconded by Commissioner 46 vonRaesfeld to adopt a Mitigated Negative Declaration and approve an Amendment to the 47 Conditional Use Permit for operation of the Petaluma Queen cruise vessel, based on the 48 findings and subject to the amended conditions listed below: 49 0 COMMISSIONER PARKERSON: Absent 1 COMMISSIONER RAHMAN: Yes 2 CHAIRPERSON THOMPSON: Yes 3 COMMISSIONER WICK: Absent 54 COMMISSIONER STOMPE: Absent 5 COMMISSIONER TORLIATT No COMMISSIONER vonRAESFELD: Yes Findings for Negative Declaration: 1. An Initial Study has been prepared and proper notice provided in accordance with CEQA and local guidelines. 2. Based upon the Initial Study and comments received, potential impacts relative to circulation could be avoided or.'reduced to a level of insignificance by mitigation measures attached as conditions of approval. There is no substantial evidence that the project, as conditioned, would have a significant effect on the 'environinerit. 3. The project does not, as conditioned, have potential to affect wildlife resources .as defined in the Fish and Game code, either individually pr cumulatively and is exempt from Fish and Game filing fees because any potential increase in graywater volumes generated by the vessel will be contained' while the boat is underway. 4. The project is not located on a site listed on any Hazardous Waste Site List 'Section compiled by the State pursuant to 65962.5 of the Government Code. 5. The Planning Commission reviewed the Initial Study /Negative Declaration and considered the 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 Conditional Use Permit Amendment: 1. The proposed Use Permit: Amendment, as conditioned, will conform to the requirements and' intent of the Petaluma_ Zoning Ordinance. 2. The proposed Use Permit Amendment, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. 3. The proposed Use Permit Amendment, as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community. Mitigation Measures: 1. The cruise operator shall schedule cruise activity to preclude bridge openings at the D Street bridge during the following peak traffic hours: 11:45 AM -1:15 PM 4.2:00 - -- 1:30 -PM Monday through Saturday 4:30 - 6:00 PM Monday through Friday and Sunday 2. The cruise operator shall provide the City Public Works Department with written . notice of proposed timeframes for requested bridge openings at least 24 hours prior to scheduled departures from the Turning Basin. 3. Operation of the calliope shall be limited to periods when the vessel' is underway along the Petaluma River. The calliope shall not be operated while the vessel is docked in the Turning Basin. Playing intervals shall be limited to a maximum of 3 5 319 1 minutes upon departure, to be followed by at least 10 minutes of non - operation. The 2 operator shall avoid playing the calliope while passing noise- sensitive uses such as 3 residential or office developments located within 100' of the river channel bank. 4 5 4. A1I- e3teF-- gek�eF�ted -- tie - vessel- -slkall-- be-- e4,aik�ed- liil�- die -� ©a -is -kn 6 opeFatick thkFr- the- �t�}- IkFF}i� -- aid- iyhtle -� ©eyed -tikk- the-= 1�k�g- -$asi: -- 7 i ovements-- 4o-- 4he-- yesse4-- -ReeessaFy--- e--- ef#ee--- said-- meal- aiFAnent -- -shall - -be 8 aeeomplished- b) 4he=-applic- ant- pFio+- t©- DeceffibeF-- 3.1;- 4gL94:. The vessel operator 9 shall comply with all, requirements of the California Water Quality Control Board 10 and the Sonoma County Health Department with respect to containment, treatment 11 and /or disposal requirements within timeframes established by those agencies. Signa a indicating that water is going directly into the River shall be posted above all sinks1washbasins on the vessel. en W 4 Conditions: 2 1. Mitigation measures 1 through 4 above, as adopted in conjunction with the Negative Declaration approved for this project, shall become conditions of approval for the 20 Conditional Use Permit Amendment. 21 22 .2. The vessel operator shall be permitted a maximum passenger occupancy load of 300 23 persons, with parking to be provided at the rate of 1 stall per 2.5 persons. 24 Permanent parking for at least 200 persons, or a minimum of 80 stalls, shall be 25 maintained on an ongoing basis within 300' of the office site located at 226 Weller 6 Street. In addition, at least 15 days prior to any event with an anticipated cruise 7 occupancy exceeding 200 passengers, the vessel operator shall submit for Planning 8 and Engineering staff approval, parking plans for all additional parking required, at 9 the rate of 1 stall per 2.5 passengers. Should there be any loss of parking lease, vessel 30 occupancy shall be lowered proportionally. Application for the approval shall be filed 31 and obtained with the Planning Department, together with required fees, and 32 processed as a Zoning Permit for special events, in accordance with Section 26 -100 33 (Zoning Permits) of the Petaluma Zoning Ordinance. 34 35 3. The proposed storage buildings shall be subject to administrative SPARC review 36 prior to issuance of any required building /electrical permit, or prior to 37 erection /installation if no permits are required. Review shall emphasize 38 compatibility of the exterior elevations (including materials and color) with respect 39 to surrounding views and the existing Queen's office structure, compliance with all 40 Zoning standards, UBC, UFC, and County Health Department requirements for 41 storage of food and other uses proposed. 42 43 4. Within five (5) days of the erection /installation of the two approved storage 44 buildings within the office site, the applicant shall remove the existing floating 45 storage facility located within the Turning Basin. Failure to remove the floating 46 storage facility within the specified timeframe shall be cause for abatement action 47 by the City, including commencement of Use Permit revocation procedures. 48 49 5. The applicants /developers shall defend, indemnify, and hold harmless the City or 0 any of its boards, commission, agents, officers, and employees from any claim, action 1 or proceeding a &ainst the City, its boards, commission, agents, officers, or employees 2 to attack, set aside, void, or annul, the approval of the project when such claim or 3 action is brought within the time period provided for in a plicable State and /or 54 local statutes. The City shall promptly notify the applicants developers of any such 7 32® 1 claim, action, or proceeding. The City shall coordinate in the defense. Nothing 2 contained in this condition shall prohibit the City from participating in a defense of 3 any claim, action, or proceeding if the City bears its own attorney's fees and. costs, 4 and the City defends the action in good faith. 5 6 6. All previously adopted conditions imposed under the 1989 Use Permit approval (file 7 1.614) and 1993 Amendment (file CUP93014) shall remain in full force and effect, 8 except as herein amended. 9 10 7 Event parking shall be monitored by Planning staff and a report provided to . the 11 Planning Commission should difficulties be found: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DISCUSSION III. CITY OF PETALUMA, PETALUMA QUEEN STATUS REPORT; TURNING BASIN; FILE CUP 93014(tp). Status report on. outstanding requirements for the Conditional Use Permit per September 27, 1994 Planning Commission direction. The applicant was directed to complete all outstanding items within 30 days of approval of plans: ADJOURNMENT 9:50 PM min1108 / plan56 i