HomeMy WebLinkAboutPlanning Commission Minutes 05/23/1995435
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4 PLANNING COMMISSION MINUTES
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6 REGULAR MEETING May 23, 1995
7 CITY COUNCIL CHAMBERS 7:00 P.M.
8 CITY HALL PETALUMA, CA
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10 PLEDGE OF ALLEGIANCE.
ROLL CALL: Present: Feibusch, Rahman, Stompe, Thompson *, Torliatt, vonRaesfeld,
Wick
STAFF: Pamela Tuft, Planning Director
James McCann, Principal Planner
* Chairman
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21 APPROVAL OF MINUTES: Minutes of May 9, 1995 were approved with corrections.
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- )4 PUBLIC COMMENT: David Mayer - 34 Vallejo - Can Taco Bell status be given now
5 instead of at end of meeting?
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7 DIRECTOR'S REPORT: None.
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29 COMMISSIONER'S REPORT: Commissioner Feibusch - Will there be a community
30 meeting on June 14 re: Sewer Workshop update? Planning Director Tuft - Yes, Citizen's
31 Study Program.
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33 CORRESPONDENCE: Letter from Bonnie Diefendorf requesting continuance of
34 Maxwell Subdivision; memo from staff regarding ABC licensing information.
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36 APPEAL STATEMENT: Was read.
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38 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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41 Project .Status - Taco Bell - staff noted that we had conversations with the manager of the
42 restaurant (Mr. Patel) and that staff believes the use to be in compliance with the
43 conditions of approval; a request to amend the CUP is expected.
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46 NEW BUSINESS /PUBLIC HEARING
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8 I. MAXWELL SUBDIVISION; CHARLES AND PAULINE MAXWELL; "D"
9 STREET; AP NO. 019-120-045 AND 046.
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.,1 Consideration and recommendation to the City Council on the adequacy of a
52 Mitigated Negative Declaration and a rezoning from the Planned Unit
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1 W r� �
1 Development (PUD) District to PUD, a PUD Development Plan and Design
2 Guidelines, and a Tentative Subdivision Map to divide the 19.6 acre site into
3 fourteen residential lots.
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5 This item was continued to the Planning Commission meeting of June 13, 1995 at
6 the request, of the project applicant.
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9 II. BANKSHOT BILLIARDS; 246 PETALUMA BLVD. SOUTMT ; AP NO. 006 -7,84 -018;
10 FILE NO. CUP 0148 akt).
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12 Consideration of a .Mitigated Negative Declaration and .a Conditional Use Permit to
13 allow operation of commercial recreation uses (20 table billiard hall, video games,
14 dart boards,'etc.) and an alcohol. beverage establishment in the existing building at
15 246 Petaluma Blvd. South.
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17 Principal Planner Jim McCann - presented the staff report and referenced his
18 memorandum of May 23rd, regarding recent state legislation further regulating the
19 issuance of licenses by the ABC.
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21 The public hearing was opened.
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23 SPEAKERS:
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25 Commissioner Stompe - Is downtown Petaluma "over" the ABC allowed concentration limit
26 for alcoholic beverage establishments?
27 Principal Planner McCann - Yes.
28 Commissioner Thompson - Questions regarding,parking.
29 Mike Giacomini - Applicant - introduced coapplicants (Ray and Mary Allena, Ruth
30 G'iacomini); described proposed operation; conducted open house last week for neighbors;
31 can meet all mitigation measures for parking; will not allow underage. drinking;; Police
32 Chief DeWitt indicated Police Department concerns will be adequately addressed; will be
33 a good,, safe entertainment option for Petaluma; both owners will be on -site and
34 responsible along. with hired personnel.
35 Commissioner Stompe - What is 'nearest establishment that allows minors and serves beer?
36 Mike Giacomi - Boulevard Bowl.
37 Tom Baker - Realtor - Appalled at this process; beer is offered in many restaurants and
38 minors are allowed; State (ABC) should not be allowed to dictate City planning issues;
39 applicants shouldn't be made to report /meet with the City every three months and pay
40 more money to local government.
41 Planning Director Tuft - Applicant will not be required to pay additional fees after CUP is
42 granted; staff recommendations include regular meetings with applicant /operator to
43 review and resolve issues..
44 Bernice Callahan - neighboring homeowner - attended open, house put on by applicants;
45 very impressed by applicants; however, does not feel alcohol should be allowed to be
46 served; requested Commission not allow beer; Petaluma has desperate need for this type of
47 entertainment but minors should not be admitted; great group in Petaluma is Healthy
48 Community Consortium, working toward attracting teens to non- alcohol establishments.
49 David Mayer - 34 Vallejo - I have no problems with this business; recently visited a similar
50 billiard establishment in Novato - observed no problems when he was there.
51 Principal Planner McCann - Staff spoke with the Cities of Novato and Santa Rosa
52 regarding their billiard establishments and heard of no problems.
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437
1 Commissioner Rahman - Did either establishment (above) fall under State ABC
2 regulations regarding density limitations (undue concentration)?
3 Principal Planner McCann - I don't know.
4 Cliff Bond - 101 Hill Blvd. - proposal sounds very good - knows the two applicants; very
5 reputable, strict; will be nice place for teens, others to congregate; no smoking; with proper
6 management, will go over very well; no problem with beer sales.
7 Erin Crespi - woodworking business in same building - no objection to business itself; has
8 put much money into building /business; concerns with any Building Division conditions
9 that might be imposed on his business because of the nature of his use (UBC designation).
10 Wayne Vieler - Kodiak Jack's -256 Petaluma Blvd. North - business in adjoining building -
(D no problems with proposed business; leases 63 parking spaces for his business (occupancy is
regulated by the number of parking spaces he can obtain - maximum occupancy is now
290); proven to operate reputable business; business success is dependent on occupancy; if
28 spaces are given to another establishment his occupancy would be lower; Commission
needs to address area wide parking ,issues prior to any Use Permit being issued; has applied
for a variance to reduce required parking; there is no other parking available in area, even
ZI though there has not been a parking problem.
Commissioner Torliatt - How many parking spaces are used on weekends?
19 Wavne Vieler - Mahoney parking lot is full; there are spaces on the street (30 spaces or so);
20 there are spaces at Bank of America but they are not available for lease.
21 John Fitzgerald - 114 Suncrest - has been a regular customer of Kodiak Jacks., not had
22 trouble` parking.
23 Barbara Graves - Petaluma TAPP - Problems with teen alcohol use; prevention is the
24 community's responsibility; opposes proposed use permit; density of alcohol uses - ABC
5 has designated some areas as over- concentration of liquor establishments; League of
6 California Cities was incentive for this regulation; over - concentration occurred at 13
7 licensed facilities, there are,now 20 establishments within this census tract; applicant should
8 consider not allowing beer; no public convenience is served by allowing alcohol to be
29 served; wants to be noticed in future of new alcohol_ establishments being proposed.
30 Kegy Mahoney /Davidson - Clarified ownership of parking lot at Mahoney building; has
31 respect `for Wayne Vieler /Kodiak Jack's; parking agreements with Wayne Vieler are on a
32 month to month basis; does not believe parking requirements are realistic, not as many
33 spaces necessary.
34 Jerry Allan - Deals with effects of alcohol every day (works for Sonoma County Foster
35 Care Program); heavy use of alcohol in Petaluma - two times more than California
36 average; this business does not need to sell beer to have a successful billiard parlor; agrees
37 that teens do not have enough to do in Petaluma, but beer should not be served.
38 Mike Healy - Neighbor of this business - not opposed to this business - impressed with
39 plans; cautiously optimistic; many evening entertainment businesses are "creeping" up
40 Petaluma Blvd. North outside of the downtown core; consider the cumulative effects;
41 parking is an issue; alcohol is an issue; unusual to require a bicycle rack and still serve beer
42 with minors allowed; the applicants seem very responsible, but businesses can be sold - new
43 owners might not be as responsible; business should be approved without alcohol.
44 Jason Dolcini - (student attending meeting for Civics class requirement) What is being left
45 out is how teens feel - many adults may have forgotten what its like to have nothing to do;
46 has gone to Gold Rush in Santa Rosa - pool hall with minors - no mixing of minors and
47 alcohol; nothing to do in Petaluma but party - all parties have alcohol; Boulevard Bowl
48 offers entertainment, but not a decent crowd for teens; knows the applicant personally, they
9 would not allow minors to have alcohol; teenage needs have been shrugged off for too long
o in Petaluma.
1 Dennis Callahan - 342 Keller Street - 22 year resident of Petaluma; concerns with change
2 of character of Petaluma in last 20 years; too many drinking establishments in downtown
53 area; creeping more into residential areas; what type of "family entertainment" goes until 2
Ow
1 AM ?; does not support this project with alcohol; was not noticed of this meeting;
2 neighborhood should be more involved in these decisions.
3 Gina Benedetti - Petnic - engineer, for client; resident of Petaluma; this business will not
4 serve alcohol to minors nor to adults under the influence; will not contribute to teen
5 alcohol problem; beer will not be an issue; Chuckie Cheese serves beer - there is a
6 misconception of this type of use; does not belittle concerns with over use of alcohol,
7 parents and teens need to address the issue; believes use would add to character of the
8 Water Street area this project will compliment the area.
9 Mike Giacomini - applicant 18 years and under are not allowed after 11PM (per
10 Petaluma curfew); beer service /drinking; can be easily controlled.
11 Bryant Moynihan - 111 Post Street - Planning Comnussion should repeal CUP
12 requirements for alcohol beverage establishments; this type of business is good for a viable
13 downtown, these businesses attract people who eat in our restaurants; alcohol is not a
14 really big problem downtown; "neo- prohibitionists" are now using Planning Commission as
15 their forum; CUP is a very expensive process for applicants and building owners; expensive
16 for City (Planning staff, reports, night meetings); ABC should enforce necessary regulations
17 - CUP process has been a failure, this business ' slould not have to fight the "neo-
18 prohibitionists ".
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20 Discussion
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22 Commissioner Thompson_ - Wants clarification on parking and definition of public
23 necessity and convenience (staff needs to do .additional research).
24 Planning Director Tuft - Issue of parking in the area can be researched; background of
25 intent of ABC' legislative bill can be researched and brought back to Commission.
26 Commissioner Rahman - If it weren't for ABC legislation, would Commission have as many
27 concerns?
28 Commissioner Torliatt - Biggest concern is with management - believed applicants would
29 run a "clean" business, but business could be sold.
30 Commissioner Rahman Since this is a CUP, that is where the control will be.
31 Planning_ Director Tuft - All conditions of CUP do run with the land, if a new owner failed
32 to comply with he conditions, recall provisions would be used.
33 Commissioner Wick - Needs more time to reflect in light of ABC, legislation presented
34 tonight.
35 Commissioner Stompe - Wants more ABC legislation information.
36 Commissioner Rahman - Issue of parking - understands Mr. Vi'eler's concern; more
37 information on parking necessary.
38 Principal Planner McCann - There has been some discussion with staff regarding expansion
39 of parking district downtown.
40 Commissioner Fiebusch - regarding public convenience /necessity issue - the high school
41 student who spoke tonight hit home because he noted that a billiard 'parlor or other
42 recreational use is a necessity and convenience for young people so they would have a
43 place to go.
44 Commissioner vonRaesfeld - This project is an opportunity for Petaluma; this .type of
45 alcohol restriction does not make sense; this use. and the applicants present an opportunity
46 to present alcohol consumption in a positive manner to young people; moral issues should
47 be dealt with within home of families; parking requirements could be looked at differently,
48 but we must ensure consistency with the zoning standards; ready to vote tonight.
49 Commissioner Rahman - Ready to vote tonight - it is . a necessity to the community to have
50 a place for teenagers to go and the sale of -alcohol is a necessity to make the business
51 viable; give business owner a chance to make this work.
52 Commissioner Stompe - Does not feel Commission has enough information to vote tonight.
53 Commissioner Wick - Let's not create a condition by voting tonight that will be ripe for an
54 appeal - would support a continuance.
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439
1 Commissioner Rahman - Will wait two weeks if that is more rational and comfortable;
2 have some municipalities made this finding on ABC legislation to allow this type of use?
3 Need more information on other situations falling under this ABC Ordinance.
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5 The public hearing was closed.
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7 A motion was made by Commissioner vonRaesfeld and seconded by Commissioner
8 Torliatt to approve a Mitigated Negative Declaration and Conditional Use Permit to allow
9 the establishment of a Commercial Recreation facility and Alcoholic Beverage
10 Establishment at 246 Petaluma Boulevard North based on the amended findings and
11 conditions listed below:
a) COMMISSIONER STOMPS: No (Cannot make a decision without additional
C* information)
COMMISSIONER FEIBUSCH: Yes
COMMISSIONER RAHMAN: Yes
CHAIRPERSON THOMPSON: No (Cannot make a decision without additional
Rem information)
COMMISSIONER WICK: Yes
20 COMMISSIONER TORLIATT: Yes
21 COMMISSIONER vonRAESFELD: Yes
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23 Findings for the Mitigated Negative Declaration
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25 1. An initial study has been prepared and proper notice for the 5/23/95 meeting
6 provided in accordance with CEQA and local guidelines.
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8 2. Based on the Initial Study and comments received, potential impacts could be
29 avoided or reduced to a level of insignificance by mitigation measures (which
30 include required monthly meetings with staff, limitations on operating
31 characteristics, a noise and security management plan, parking, lighting of the
32 sidewalk and parking access areas, limitation of activities) attached as conditions of
33 approval. There is no substantial evidence that the project, as conditioned, would
34 have a significant effect on the environment.
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36 3. The project does not have the potential to affect wildlife resources as defined in the
37 Fish and Game code, either individually or cumulatively and is exempt from Fish
38 and Game filing fees.
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40 4. The project is not located on a site listed on any Hazardous Waste Site List
41 compiled by the State pursuant to Section 65962.5 of the Government Code.
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43 5. The Planning Commission reviewed the Initial Study /Mitigated Negative
44 Declaration and considered the comments before making a decision on the project.
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46 6. The record of proceedings of the decision on the project is available for public
47 review at the City of Petaluma, Planning Department, City Hall, 11 English Street,
48 Petaluma, California.
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0 Findings for the Conditional Use Permit
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2 1. The proposed commercial recreation facility (billiard tables, video games,
D3 shuffleboard, darts, recorded [jukebox] music) and alcoholic beverage
54 establishment, as conditioned to address operating characteristics (no live
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entertainment, limited volume of jukebox .music), noise, security, adequate parking
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and lighting, will conform to the requirements and intent of the Petaluma Zoning
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Ordinance which allows private recreational facilities and alcoholic beverage
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establishments in commercially zoned districts that serve those beyond and
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including the immediate neighborhood.
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2.
The proposed commercial recreation facility (billiard tables, video games,
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shuffleboard, darts, recorded [jukebox] music) and alcoholic beverage
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establishment, as conditioned to address operating characteristics, noise, security,
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parking and lighting, will conform to the requirements and intent, ,goals, and policies
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of the Petaluma General Plan.
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3.
The proposed commercial recreation facility . (billiard tables, video games,
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shuffleboard, darts, recorded [jukebox] music) and alcoholic beverage
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establishment, as conditioned to address operating characteristics, noise, security,
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parking and lighting, will not constitute a nuisance or be detrimental to the public
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welfare of the community, as conditions requiring monthly review of the operations,
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a security and noise management program, and restrictions on parking have been
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imposed.
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4.
The proposed use is within a census tract which, pursuant to State Assembly Bill 2897
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which amended Section 23958 of the Business and Professions Code, is considered to
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have an undue concentration of retail liquor licenses The Planning Commission finds
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that, pursuant to Section 23958.4(b) (2), this license should be issued to .Bankshot
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Billiards because:
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a. The commercial recreational use will provide a convenience to the general
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public and especially to young people. This type of evening recreational use
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(available to young people) is badly needed in the community;
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b. The sale of beer is a necessity in order to serve adult customers and to make the
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commercial recreation use economically viable;
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C. The sale of beer to patrons of legal age is a public convenience for the patrons of
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the commercial recreation: use;
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d. Although this project site :is within a census tract which experiences an undue
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concentration of retail liquor licenses, the subject use will,, by virtue of the
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conditions of approval and mitigation measures imposed through the
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Conditional Use Permit, not create a nuisance or be detrimental to the public
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health or welfare.
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Mitigation
Measures
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1.
The commercial recreation facility (billiard tables, video games, shuffleboard, darts,
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recorded [jukebox] music) and alcoholic beverage establishment shall be operated
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in such a manner so that it at no time violates current or successive standards
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regarding noise generation. Further, given the history and sensitivity of the area and
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neighborhood, the business owner(s) shall present a Noise and Security
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Management Plan to the Planning Director and Chief of Police for review and
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approval prior to the commencement of the commercial recreation and alcoholic
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beverage use. The plan shall establish the method by which noise impacts including
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but not limited to recorded [jukebox] music and patron noise from within the facility
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as well as patrons /pedestrians outside of the facility on the adjacent public
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1 sidewalk /street /parking area will be regulated to avoid disruption to the immediate
2 neighborhood. Should complaints be received regarding noise disruption, the
3 business owner(s) shall take reasonable and practical steps as directed by the
4 Planning Director to reduce the number and /or occurrences of these disruptions.
5 Said steps may include but are not limited to the reduction of volume of the
6 [jukebox] music; the curtailment of hours for serving of alcohol; installation of
7 certain physical improvements designed by an acoustical engineer to attenuate noise
8 generation; the redesign of the floor plan, relocation of the atron
9 waiting /queuing /eating /drinking area toward the rear of the facility; andor the
10 reduction in hours of the commercial recreation activities.
2. The business owner(s) shall provide a security plan including, but not limited to, the
periods of time and staffing levels for security 'personnel duties, responsibilities and
qualifications of security staff for review and approval by the Planning Director and
Chief of Police prior to the commencement of the use.
3. Security personnel shall be responsible to remedy any parking problems created by
the business on Petaluma Boulevard North directly in front of the business, relating
19 to the loading /unloading of patrons.
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21 4. Personnel shall check identification of persons purchasing alcoholic beverages. As
22 proposed, "House Rules" shall be posted. These shall be located in several locations
23 throughout the facility for patron awareness.
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? 5 5. At closing time or during special events, crowd control by qualified security
6 personnel shall be provided to insure safety and orderly conduct in front of the
7 premises (and in the parking lot areas). Sidewalks shall be kept open for pedestrian
8 traffic at all times.
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30 6. The Planning Director and Chief of Police shall be notified a minimum of ten (10)
31 days in advance of special events that may attract larger than normal crowds. The
32 Chief of Police may require, and the owner /operator shall provide, additional
33 qualified security personnel to be on site to provide adequate crowd control.
34 7. Exterior lighting shall be installed to adequately illuminate the sidewalk facing
35 Petaluma Boulevard North, the walk /driveway facing south to the parkin lot, and
36 the parking lot. The lighting will insure the safety of the patrons and discourage
37 loitering in front of the business. A lighting plan (showing location of fixtures, and
38 including manufacturers' specification sheets detailing design, candlepower and
39 photometric diagram) shall be submitted for review and approval by the Planning
40 Director with lighting improvements installed before a Certificate of Occupancy
41 may be approved. All lighting shall be in compliance with Zoning Ordinance
42 Section 22 -304.1 and 22- 304.2, and shall require a building permit.
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44 8. The business owners shall for the first six (6) months, schedule a monthly meeting
45 with the Planning Director and Chief of Police, to discuss the operation and its
46 compliance with the conditions of approval.
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48 9. All employees shall complete a responsible hospitality training program within 90
0 9 days of commencement of employment.
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1 Conditional Use Permit Conditions
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3 1. The proposed commercial recreation activities, including: 20 billiard tables, 12 video
54 games, shuffleboard, a dart game, recorded (jukebox) music, shall be the limit of
442
1 activities permitted through this Conditional Use Permit. Any activity not
2 specifically named in the above shall be prohibited without amendment. to this CUP.
3 Identification or expansion of the use; such as provision of additional billiard tables,
4 live music, live entertainment, or expansion in. hours shall require an amendment of
5 this Conditional Use Permit. The use shall be operated in the manner described in
6 the applicants application packet dated 3/31/95.
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8 2. Hours of operation for office use may be 24 hours, 7 days per week. Hours of.
9 operation for the commercial recreation uses and the alcoholic beverage
o establishment shall be limited to 12:00 Noon to 2:00 AM, 7 days per week.
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2 3. All employees shall comply with Alcoholic Beverage Control (ABC) laws and
3 regulations. Suspension of the business owners license by the ABC may be basis for
4 revocation of this conditional use permit.
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6 4. Off - premise sales of alcohol shall not be permitted.
18 5. Only beer and .non- alcoholic beverages may be sold or offered without an
19 amendment to this Conditional Use Permit.
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21 6. Parking shall be -provided either on -site or within 300' of the use. Parking shall be
22 based on one (1) space er billiard table, and one (1) space per each 2.5 seats; or 28
23 spaces. Parking area(s� provided must comply with Zoning Ordinance regulations
24 and be improved with a dustless surface. The hours of operation, number of billiard
25 tables and seats shall be based on the ability to provide .parking. Agreements must
26 be executed and copies filed with the Planning Department indicating the location,
27 term of commitment, time (hour) limitations and space numbers (if applicable).
28 Parking agreement(s) shall be maintained for the duration of the business'
29 operations and kept on file with the Planning Department. Loss of parking shall
30 result in a corresponding. reduction of billiard' tables and /or seats. An increase in
31 billiard tables and /or seats may not occur without the prior approval of the Planning
32 Director.
33 7. The recorded [jukebox] music, TV announcing system, or any amplified system shall
34 be kept at a volume not audible outside the building.
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36 8. A trash enclosure shall be provided on site, the.location and design of which shall be
37 submitted for review and approval by the Planning. Director prior to the
38 commencement of the commercial recreation use. Alternatively, all
39 trash /bottles /debris shall be contained inside the structure in a designated. storage
40 area. Appropriate materials (glass plastic, aluminum, cardboard and paper) shall
41 be recycled.
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43 9. A minimum of two (2) street trees shall `be required on the Petaluma Boulevard
44 North frontage. Planter wells shall be excavated for the street tree and the trees
45 (with grates) shall be installed in conformance with the City's street tree standard.
46 Trees chosen shall be per the downtown tree. ; planting plan, and shall be subject to
47 the Planning Director's review and approval. An excavation permit shall be
48 obtained from the Public Works Department for any sidewalk removal /replacement
4.9 during this endeavor. The property owner shall be responsible for the regular
50 watering and maintenance of the trees.
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52 10. Any exterior changes to the building shall be subject to Site Plan and Architectural
53 Review (SPARC).
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1 11. All requirements of the Building Division shall be complied with including:
2
3 a. At time of building permit submittal, provide occupancy separations as
4 required by Chapter 5, Table 5B of 1991 UBC.
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6 b. Indicate occupancy classification.
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8 12. All requirements of the Engineering Department shall be complied with including:
9
10 a. Should the existing metal roll -up door facing Petaluma Boulevard North be
removed for the installation of a wall, the existing driveway curb cut shall be
removed and a City standard curb and sidewalk installed.
b. An excavation permit shall be required for any work performed in the public
right -of -way.
13. All requirements of the Fire Department shall be complied with including:
19 a. Provide fire extinguishers 2A rated ABC dry chemical type as required by the
20 Fire Marshal.
21
22 b. Provide occupancy load sign (Occupancy...X)
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24 C. Provide key with tag indicating address and suite number for KNOX box.
15
6 d. No extension cords. All equipment and appliances shall be direct plug in.
7
8 e. Provide metal or flame retardant plastic waste cans.
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30 f. Provide exit signs over or near all required exits.
31
32 g. Provide emergency lighting in all public areas and at or near all required
33 exits.
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35 h. Trash dumpster shall protected by a fire sprinkler. Water supply may be
36 from domestic water system.
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38 14. All requirements of the Police Department shall be complied with including:
39
40 a. No juveniles (under 18 years of age) shall be allowed on the premises during
41 school hours (8:30AM to 3:30PM).
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43 b. No juveniles (under 18 years of age) shall be allowed on the premises from
44 11PM to daylight of the following day, official City time, unless accompanied
45 by their parent or legal guardian per PMC 10.52.010 (curfew).
46
47 C. It is recommended that all activities be visible throughout the building.
48 Windows should not be blocked by curtains or blinds.
1 9
, 2 0 d. A bike rack is recommended within the building or elsewhere on site to the
1 satisfaction of the Planning Director.
53 15. This use permit may be recalled to the Planning Commission for review and
54 approval at any time due to complaints regarding lack of compliance with conditions
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1 of approval, traffic congestion, noise generation, or other adverse operating
2 characteristics. At such time, the Commission may revoke the- use permit or
3 add /modify conditions of approval.
4
5 16. The applicants /developers shall defend, indemnify, and hold harmless the City or
6 any of its boards, commission, agents, officers, and employees from any claim, action
7 or proceeding against the City, its boards, commission, agents, officers,. or employees
8 to attack, set aside, void, or annul, the approval of the project when such claim or
9 action is brought within the time period provided for in a licable State and /or
10 local statutes. The City shall promptly notify the applicantsTsevelopers of ,any :such
11 claim, action, or proceeding. The City shall coordinate in the defense. Nothing
12 contained in this condition shall prohibit the City from. participating, in a defense of
13 any claim, action, or proceeding if the City bears its own attorney's fees and costs,
14 and the City defends the action in good faith.
15
16
17 DEPARTMENT REPORTS
18
19 III. CITY OF PETALUMA; ZONING ORDINANCE INTERPRETATION
20 REGARDING LIVE ENTERTAINMENT acm).
21
22 Consideration of a Zoning Ordinance interpretation by staff regarding Live
23 Entertainment uses to clarify the requirements for a Conditional Use Permit.
24
25 Principal Planner McCann - presented the staff report.
26
27 A motion was made by Commissioner vonRaesfeld and seconded by Commssioner
28 Torliatt to recommend that the Zoning Ordinance Interpretation presented by staff
29 pursuant to Section 26 -201.4 of the Ordinance to clarify the requirements for a CUP for
30 businesses which offer live entertainment as an incidental aspect of their business be
31 adopted as follows:
32
33 COMMISSIONER STOMPS: Yes
34 COMMISSIONER FEIBUSCH: Yes
35 COMMISSIONER RAHMAN: Yes
36 CHAIRPERSON'THOMPSON: Yes_
37 COMMISSIONER WICK: Yes
38 COMMISSIONER TORLIATT: Yes
39 COMMISSIONER vonRAESFELD: Yes
40
41 Live entertainment uses (as defined by .the Zoning Ordinance) which occur
42 or are offered by a business establishment more than once in a fifteen (15)
43 day period or which employ amplification addible outside of the business
44 structure shall require the approval of a Conditional Use Permit (CUP).
45 Live entertainment uses which occur less frequently than once in a fifteen
46 (15) day period and which do not, employ amplification audible outside of the
47 business structure shall be considered to be an incidental part of a business
48 and shall not require approval of a CUP.
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50
51 IV. PROJECT STATUS:
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1 - Park Place I PUD Amendment - Park Place Homeowners undertook a
2 CC &R revision to allow 120 sq.ft. accessory structures.
3 - Petaluma Queen - Litigation is on- going.
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6 ADJOURNMENT 9:40 PM.
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