HomeMy WebLinkAboutMinutes 06/27/1995453
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City Of Petaluma
Planning Commission Minutes
6 REGULAR MEETING June 27, 1995
7 CITY COUNCIL CHAMBERS 7:00 P.M.
8 CITY HALL PETALUMA, CA
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to PLEDGE OF ALLEGIANCE.
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1 ROLL CALL: Feibusch, Rahman (arrived at 7:05 PM), Stompe, Thompson *, Torliatt,
1 vonRaesfeld, Wick
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A STAFF`. Pamela Tuft, Planning Director
1� Jim McCann, Principal Planner
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* Chairman
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21 APPROVAL OF MINUTES: Minutes of June 13, 1995 were approved as printed.
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24 PUBLIC COMMENT: None.
DIRECTOR'S REPORT: None.
COMMISSIONER'S REPORT: Commissioner Torliatt - missed last meeting, attended
29 retail management conference - obtained information regarding square footage of
30 retail:population; suggested that the City must consider whether we - "need" retail space
31 before approving more. Commissioner Stompe - City Council working on downtown,
32 gateways and economics. Planning Director Tuft - Responded with timing information for
33 Downtown Design Guidelines, staff will commence work on Gateways as soon as Council
34 goals are adopted. Commissioner Rahman - Economic Plan on wish list, concerned with
35 value of small plan.
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37 CORRESPONDENCE: Letter from Lawrence Longenbaugh; letter from Wayne Vieler.
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39 APPEAL STATEMENT: As noted on agenda.
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41 LEGAL RECOURSE STATEMENT: As noted on agenda.
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44 NEW BUSINESS f PUBLIC HEARINGS
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46 I. KODIAK JACK'S HONKY TONK AND SALOON; WAYNE VIELER; 256
47 PETALUMA BLVD. NORTH; AP NO. 006-284-036; FILE NO. VAR0159akt).
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Consideration of a variance from the parking requirements to reduce the number of
parking spaces required for Kodiak Jack's, and /or to increase the distance allowed
for off -site parking spaces; alternatively, the application of a different parking ratio
standard is proposed.
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2 Principal Planner Jim McCann presented the staff report.
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4 The public hearing was open.
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6 SPEAKERS:
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8 Commissioner Stompe - Inquired as to the process and timeframe to expand the
9 boundaries of the Parking Assessment District.
10 Principal Planner McCann - Exact timeframe is unknown; it could be an involved and time
11 consuming process.
12 Commissioner Stompe - What happens when parking spaces in the Mahoney Lot are no
13 longer available on August 1st?
14 Principal Planner McCann - Kodiak.Jack's occupancy must be reduced.
15 Commissioner Stompe - If Planning Commission .supports changing the parking standard
16 (currently 1 :4) will the iapplicant have sufficient parking? (Yes)
17 Commissioner Rahman - Believe it is logical. to apply an alternate standard would this (use
18 of an .alternate standard) be .a precedent? Have we done this_ before?
19 Planning Director Tuft Zoning Ordinance provides for interpretations and the
20 establishment of alternate standards for unspecified or unusual uses. Planning Director
21 and the Commission have utilized this provision in the past (child care and batting cages)
22 are two examples.
23 Commissioner vonRaesfeld ,- Was applicant aware from the beginning: that occupancy was
24 tied to ability to provide parking?
25 Principal Planner McCann - Yes.
26 Commissioner Feibusch - Billiard parlor will use Mahoney Lot - how many spaces left in lot
27 for Mahoney Building?
28 Commissioner Wick - Why a request for a Variance - why not an amendment to the
29 existing °CUP?
30 Principal Planner McCann ti- Staff did not see the need to amend the CUP, the Variance or
31 the application of an alternate parking standards would overlay the existing CUP.
32 Commissioner Wick -flow many of the spaces secured for Kodiak Jack's are short -term
33 versus long- term?
34 Principal Planner McCann I believe that the majority of the leases /agreements are short
35 term; Mr'Vieler should be able to respond with confirmation by staff (agreements are in
36 file).
37 Commissioner Rahman - Would the occupancy increase at the new ratio of 1 space:4
38 patrons?
39 Principal Planner McCann It would balance: - no extra (300).
40 Planning _Director Tuft - Clarified provision of number of parking spaces and occupancy
41 between Planning Commission denial and City Council approval of appeal and CUP in
42 November, 1994.
43 Wayne Vieler - ,Discrepancy issues for occupancy maximum occupancy for building :is 299;.
44 responded to Commission's questions. knew that parking was an issue but didn't recognize
45 the significance of limited parking; have tried to get other parking within 300% drinking
46 habits have changed because laws have become tougher - consequently more car - pooling,
47 designated drivers 68 on- street parking spaces within 300 feet; believes requested alternate
48 standard is accurate based on experience;, Longenbaugh letter is inaccurate 4 :1 ratio is
49 adequate; Assessment District - good solution but is long time coming; City has
50 responsibility to participate in a solution because the City allowed Kicker's to go into this
51 site.
52 Commissioner Wick - Potential use of Stack property?
53 Wavne Vieler --None available - Bell and Schram properties are more likely but patrons
54 unlikely to use due to downhill on waterfront.
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1 Keri Mahona- Davidson - Downtown business operator and partner in building ownership
- supports Variance request, City's requirements are too burdensome; reporting to staff for
parking lease agreements has been a paperwork nightmare; City needs to share the
responsibility of getting in this situation and should be willing to compromise; the business
shouldn't have this cloud hanging over it; Mr. Vieler is contributing to community and
6 deserves this consideration of a Variance.
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s The public hearing was closed.
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10 DISCUSSION
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1 Commissioner Rahman - Suggests that we streamline process before City does studies, we
1 should allow an alternate standard and rely on the existing CUP to monitor the situation.
1 If problems develop due to inadequate parking, then we can always review the CUP and
1 add or amend conditions as may be necessary.
1 Commissioner Stompe - Agrees with Commissioner Rahman - a reasonable approach as a
1 compromise; commented that the City must consider the parking needs on a more broad basis:
1 perhaps an; expansion of the Parking Assessment District or creation of a new District.
1 Planning Director Tuft - Agrees that there is a need to consider parking needs for entire area,
20 referenced, the upcoming Depot Square Specific Plan as a possible vehicle to discuss area -wide
21 parking needs.
22 Commissioner Torliatt - Applicant knew of parking restriction - Planning Commission now
23 addressing it because applicant didn't look at all options - recognize patrons walk greater
24 distance in the downtown area.
5 Commissioner Wick - Believes that there are sources that staff can check for relevant data -
perhaps a;continuance could allow time for further research.
Commissioner Rahman - OK to look at distance change (300' to 500'), but we ignore the
fact that we have the advantage of a CUP.
Commissioner Wick - Not suggesting a study - a ratio of 1:4 could work for this use and the
30 occupancy needed; not sure that 1:4 is the appropriate ratio - suggests that staff determine a
31 reasonable ratio.
32 Commissioner vonRaesfeld - Was opposed to the CUP originally, can't support CUP
33 amendment, any parking solution should be area -wide, not use specific; agrees with
34 Commissioner Stompe's suggestions.
35 Commissioner Stompe - The Commission should provide a clear recommendation that area-
36 wide parking needs should be addressed in the Deport Square Specific Plan.
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38 A motion was made by Commissioner Wick and seconded by Commissioner Stompe to find
39 Kodiak Jack's Honky Tonk and Saloon, located at 256 Petaluma Blvd. North, to be exempt
40 from CEQA and to deny a request for a variance to reduce the amount of parking provided
41 for Kodiak. Jack's Honky Tonk and Saloon and a Variance to increase the distance for off-
42 site parking from 300' to 500' based on the following findings;
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44 COMMISSIONER STOMPS: Yes
45 COMMISSIONER FEIBUSCH: Yes
46 COMMISSIONER RAHMAN: Yes
47 CHAIRPERSON THOMPSON: Yes
48 COMMISSIONER WICK: Yes
49 COMMISSIONER TORLIATT: Yes
COMMISSIONER vonRAESFELD: Yes
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1 Findings
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3 1. That the proposed variance to allow a reduction in parking will not conform to the
4 requirements and /or intent of:. the Petaluma General Plan in that the proposal
5 would not improve traffic congestion /conditions along a critical arterial street.
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7 2. The proposed variance to allow a reduction in parking will not meet the conditions
8 necessary for avariance to be granted per Zoning Ordinance Section 26 -303, in that:
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10 a. The resultant parking to be provided is inadequate to accommodate the
11 maximum number (299) of patrons allowed in the bar;
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13 b. The history of the current use and previous similar use demonstrated that
14 patron parking occurred and continues to occur in the adjacent residential
15 neighborhood creating adverse impacts on the peace and quiet of these
16 residential areas;
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18 C. The proposed reduction in parking would intensify traffic impacts with the
19 potential for additional congestion to Petaluma Boulevard, an important.
20 arterial street;
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22 d. That there are no peculiar and unusual conditions inherent in the property
23 sufficient to cause a hardship, and that the requirement to obtain parking is a
24 requirement common to all or most of the properties in the immediate area;
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26 e. That no hardship peculiar to the property and not created by any act of the
27 owner exists.
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29 f. That such a variance from the parking requirements Tis not necessary for the
30 preservation and enjoyment of substantial operating rights possessed by other
31 properties in the same zoning district. and in the vicinity, and that a variance,
32 if granted would constitute ;a special privilege to Kodiak Jack's that is not
33 enjoyed by the neighboring businesses.
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35 g. That the authorizing of this variance from the parking requirements would
36 be of substantial detriment to adjacent property, resulting in a potential
37 impact to parking assigned to other businesses, to community parking on the
38 street now communally .utilized by all nearby businesses, and to existing
39 traffic on Petaluma Boulevard North, and will materially' impair the purposes
40 of this ordinance or the public interest.
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42 3. The denial of the Variance to authorize a reduction in the parking requirements for
43 Kodiak Jack's is exempt from the requirements of the California Environmental
44 Quality Act (CEQA) pursuant to Section 15270(a) of CEQA which exempts from
45 review projects which are disapproved.
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47 The Commission agreed to the concept of the Planning Director administratively amending
48 the Kodiak Jack's Honky Tonk and Saloon Conditional Use Permit to allow the application
49 of an alternate parking standard, and to permit an occupancy of'not more than 299 patrons.
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II. AMENDMENT TO THE ZONING ORDINANCE; CITY OF PETALUMA 0cm).
Consideration of a request by the City of Petaluma to amend the Zoning Ordinance
to allow very limited "trailblazer" signs on public property.
6 Principal Planner Jim McCann presented the staff report.
8 The public hearing was opened and continued to the Planning Commission meeting of July
9 11 to allow staff to expand the proposal for review prior to recommendation to City
10 Council.
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10) DEPARTMENT REPORTS
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1€� III. ABC LEGISLATION"'REGARDING "UNDUE CONCENTRATION ".
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1 Verbal update regarding the City Council's discussion at the June 19, 1995 meeting.
1 1 Principal Planner McCann - presented update.
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22 IV. PROJECT STATUS:
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24 - Old Redwood Highway /McDowell Blvd. North Masterplan
Corona Reach Specific Plan
Wastewater PSR and MMP - To Planning Commission in September
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29 Commissioner Thompson has been replaced by Commissioner Wick on the Tree Advisory
30 Committee
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32 ADJOURNMENT 9:10 PM.
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3 5 minO627 / plan6l
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