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Minutes 04/13/1993
, �9, PLANNING COMMISSION MINUTES REGULAR MEETING CITY COUNCIL. CHAMBERS CITY HALL April 13, 1993 7:00 P.M. PETALUMA, CA COMMISSIONERS: PRESENT: Bennett, Read, Parkerson *, Rahman, Thompson, Torliatt ABSENT: Tarr STAFF: Pamela Tuft, Planning,Director James McCann, Principal Planner Chairman MINUTES OF March 23, 1993 were approved with corrections. PUBLIC COMMENT: None. DIRECTOR'S REPORT: None. COIWAISSIONER'S . REPORT: Commissioner Read reported that she has been appoirited to a 4 -year term on LAFCO - thanked staff and other Commissioners for their support; met Peter Calthorpe (who was impressed with City of Petaluma planning efforts on neo- traditional housing, and that the City of Petaluma had made Kaufman and Broad take notice); Heritage Woods will be a successful project; Commissioner Bennett asked to discuss the General Plan Survey that was distributed; did not feel that the survey was. good, requested extensive changes; needs some professional /scientific help on the survey; Commissioner Thompson also requested discussion regarding the General Plan Survey. (Will be a discussion item at the end of this meeting.) CORRESPONDENCE: April 8 City of Petaluma General Report, letter regarding Captain Larry's Electric Ferry, 1985 General. Plan Rewrite Community Survey Forms, memo from Police Chief DeWitt regarding cardrooms, letter regarding Yellow Checker Cab, 1993 Petaluma Business and Industrial Park Survey, letter regarding Quarry Gardens. APPEAL STATEMENT: Was read. LEGAL RECOURSE STATEMENT: Was noted on the agenda. NOTE: Italized = Addition 4ve - stiFik-e = Deletion OLD BUSINESS CONTINUED PUBLIC HEARING i I. CITY OF PETALUMA ZONING ORDINANCE ..REGULATIONS REGARDING CARDROOM OPERATIONS (im). Planning Commission Minutes April 13, 1993 417 1 2 Consideration of language for inclusion in the Zoning Ordinance establishing new 3 regulations regarding cardroom operations. 4 5 The public hearing was opened (continued from the Planning Commission meeting of 6 March 23, 1993). 7 8 SPEAKERS: 9 10 Principal Planner McCann presented the staff report; summarized recommended changes; 11 noted that revised Ordinance has been discussed with the Assistant City Attorney. Police Chief Dewitt - gave history of older facilities over years in Petaluma (low level of CO problems); spoke with Debbie Wiley (Manager - Department of Justice) regarding cardrooms - she indicated that local jurisdictions may regulate cardrooms; cities can impose AK distance requirements, etc.; cardrooms will operate after 2AM when the least number of officers, are on duty; not hung -up on 1,200' distance but feels a reasonable distance is appropriate. Commissioner Bennett - Has a problem with a distance requirement of 1,200'; have there been problems in the past with existing cardrooms? Is there evidence that separation 20 reduces ' How would this relate to legitimate massage parlors? 21 Police Chief Dewitt - Described types of problems associated with cardrooms - 22 drunkenness, complaints regarding cheating, etc. and noted that the concentration of 23 cardrooms would exacerbate the problems. 24 Commissioner Bennett - Not convinced that 1,200 feet spacing is necessary. 25 Police Chief Dewitt - Spoke to Palo Alto Chief - Palo Alto. has 23 pages of restrictions on 26 one existing cardroom; all. cardrooms will be banned shortly (in Palo Alto);' does'inot- want`a 27 proliferation of cardrooms in' one certain area; alcohol on property _with gaming is a big 28 concern; afraid that there will become an area of town where certain types of businesses 29 will congregate. 30 Commissioner Torliatt - What is a reasonable distance if 1,200 feet is not "set in stone "? 31 Police Chief Dewitt - Reasonable, given Petaluma's layout, at least 500 feet (from property 32 lines). 33 Commissioner Torliatt - This Conditional Use Permit process is the way the City can 34 regulates these operations and address problems. 35 Police Chief Dewitt - A great deal of time must be spent on documentation when incidents 36 occur; this type of use creates tremendous demands plus time and manpower) to document 37 problems. 38 Commissioner Read - When cardrooms were allowed to operate 24 hours a trial period, was 39 established (that was a good idea); Council didn't expect to receive numerous requests for 40 expansions or new cardrooms. 41 Commissioner Thompson - Cities you surveyed, did all cardrooms o erate 24 hours? Did 42 they all serve alcohol? Does cardroom on Petaluma Blvd. North in the County) serve 43 alcohol? 44 Police Chief Dewitt - Yes, most all operate 24 hours and serve alcohol; yes, the one on 45 Petaluma Boulevard North does serve alcohol. 46 Commissioner Read - If a No Smoking Ordinance goes into .effect in Petaluma, will 47 cardrooms still find Petaluma an attractive place to operate? Are card players smokers? 48 Police Chief Dewitt - I don't know what impact a No Smoking Ordinance would have on 49 cardrooms. 50 Planning Director Tuft Informed Commissioners that the Zoning Ordinance defines 1 "massage establishment ", read adopted definition. 52 Iry Piotrkowski - Attorney representing operators of P &G Casino - City of Petaluma has 53 the right to regulate gaming establishments through the Government.Code; playing cards is 54 not a 1st Amendment right; agrees with staff recommendations - clearly legal and lawful; ►.1 418 Planning Commission Minutes April 13, 1993 client has been operating in the County immediately adjacent to the City limits for several years; does not want to see a "strip" situation of gaming rooms; recommended distance separation is logical. Bob Oliker - Attorney for Carol Ferrari (Ferrari's Restaurant) - Only concern is the distance separation requirement, it precludes the pending application for Ferrari's; why should a. separation requirement be measured from property line to property line? Why not buildings? Ferrari's and Sonoma Joe's buildings are probably 1,000' apart; no historical indication o£ cardroom problems in-Petaluma: other adult establishments are only required to have a 250' separation; cardrooms closer together would be easier to patrol; limitation of 4 cardrooms will _preclude proliferation; no history of cardroom problems in Petaluma; propose 500' separation between buildings the separation distance d is not related to a proper governmental purpose and is discriminatory and directed at my client's property; this constitutes spot zoning as stated in submitted letter. Planning Director Tuft - Clarified that no variance was granted by proposed code amendments regarding cardrooms w m ithin larger commercial recreational uses. Patrick Coyle - Attorney for Carol Ferrari's tenants - Agreed with Mr. Oliker's. statements; distributed 2 additional ordinances which do not include distance requirements; Ms. Sohnheim has been in the cardroom business for 7 years and has a spotless reputation - would not want to do anything to tarnish that reputation; area involved is self - governing. The Public Hearing was closed. Discussion Principal Planner McCann Commissioner Torliatt suggested that distance requirement may not be necessary because of the conditional use permit process - that may be true but the purpose of Zoning Ordinance regulations is to provide clear criteria upon which CUP's will be measured; responding to Mr, Qliker's - question regarding why property lines, not buildings are recommended to be used for determination of distance customers (and problems) spill out from buildings into parking lots and surrounding areas; noted that separation requirement is not exclusive in its application to Ferrari's but would apply City- wide. Commissioner Parkerson - Given the information in the packet, including information from all attorneys, believes fairness can be achieved with elimination of distance requirements; especially if population limits are kept in; not convinced that distance requirements are necessary. Commissioner Torliatt - Population limits should be retained -; distance requirement is unnecessary, or should be reduced .and should be determined from the building; could minimum standards be appealed to Commission ?; are credit card advances adequately addressed 'loans? Planning_ Director Tuft Credit advances'are not considered loans. Commissioner Torliatt - Ordinance not written in any discriminatory way; to help, the Police. Chief, could we require that a yearly review be required before the Planning Commission? Commissioner Parkerson - Regarding, the. Police Chief's concerns; there can't be any more cardrooms for 'at least 10 years if population controls are kept in; only 3 total will be allowed in the near future. Commissioners Read - Did 1,200 feet come from Palo Alto Ordinance? (Answer yes); there is validity to the distance requirement; Does a Use Permit for a cardroom run with the land? Planning, Director Tuft - A Use Permit to operate a cardroom is site specific and operator specific. Commissioner Bennett - Is on the fence with this; What Commissioner Parkerson says makes 'sense; Mr. Piotrkowski has a valid point regarding Police protection if cardrooms 3 2 4 5 7 9 '10 11 20 21 22 23 24 25 ?6 7 3 .9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 2 3 4 Planning Commission Minutes April 13, 1993 are in close vicinity; most problems are probably alcohol related; cardrooms are not the problem, alcohol served there cause the problems; does not want to see problems happen, but they are not inevitable; should have a standard Use Permit revocation in place. Commissioner Rahman - Agrees with comments made by other Commissioners - does not want to make a decision based on problems that could happen; we want controls in case things happen, but would like to give it a chance. Commissioner Parkerson - Distance should be between buildings and should be less than 1,200'. Commissioner Thompson - Should be limited to 3 cardrooms only, not worried about distance, Commissioner Bennett - There. is logic in the need to keep distance requirement in; however what should be the distance? Commissioner Rahman - We should make it clear that cardrooms should remain separate, but not put in a specific distance requirement, determine through CUP. Commissioner Torliatt - Ordinance should be fair to everyone, not just address issue at Ferrari's number allowed should be limited to 3. Commissioner Rahman - We are here to talk about the Zoning Ordinance, not about these specific 'sites. Planning; Director Tuft - .Please add reference to findings of consistency (Page 9, line 19); should number of cardrooms be tied to current population? (all Commissioner's - yes). Commissioner Parkerson - We're talking about 3 cardrooms based on current population. Commissioner Parkerson - Distance should be 1,000 feet building to building. Commissioner Torliatt - The Police Chief stated 500' was. acceptable. Commissioner Rahman - We want buildings to be separate, but do we want to specify a distance? Commiss Parkerson - I think 1,000 feet is the right distance. arming Commission needs to state their rationale for" choosing "a In full support of Police Chief's needs to do job; unless we can hould remain silent on the distance question. - Maybe 500 feet would be enough as suggested by Chief DeWitt. • Traffic Engineer Tilton suggested 1,200 feet may have been recommended because that Would be approximately two typical City blocks. Commissioner Rahman - A person can walk 250, 500, 1,000 feet; make if 500'. Commissioner Bennett - Separation should be building to building figure will be arbitrary based on intent. Planning Director Tuft - Distance requirement could be changed. to quote definition of distance as adult entertainment requirements, which is building to building. Commissioner Torliatt - Are any other businesses limited by distance? Pamela Tuft - Yes, gas stations when they have a car wash, adult entertainment is only 250' because it is protected by 1st. Amendment rights. Commissioner Rahman - Enough limits will be placed on any conditional use that 500 feet should be enough distance. Consensus reached again on 1000'. Commissioner Read - Will relate to City Council that two Commissioners feel that 500 feet would be enough distance. Commissioner Thompson - should CUP's come back for review in one year? Commissioner Torliatt - Shouldn't Ordinance state that Use Permits for cardrooms are subject to recall to Planning Commission (not just on a yearly basis)? A motion was made by Commissioner Bennett and seconded by Commissioner Thompson to find the Zoning Ordinance Amendment exempt from CEQA and recommend to the City Council approval of the recommended Cardroom Regulations Ordinance amendments. 419 4 420 Planning Commission Minutes April 13, 1993 COMMISSIONER READ: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: No (because concerned that 1,000' is arbitrary and the distance could have just as well have been 500') CHAIRMAN PARKERSOM Yes COMMISSIONER TORLIATT: No (agrees with Commissioner Rahman, Chief Dewitt's comment that 500' is adequate, and because distances for other businesses that are regulated are less) COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Absent 21-420 CARDROOM ESTABLISHMENTS 21 -420.2 Definitions: As used in this section, the following words, phrases, and terms shall have the following meanings: A. "Cardroorn" means any room open to the public for the lawful playing of cards, regardless of whether the tables, chairs, and other furniture and fixtures are temporary or permanent or at times used for other purposes. B. "Chief of Police" means the Chief of Police of. the City or his authorized representative. C. "City" means the City of Petaluma, California. D. "Conducted" shall include the terms "operated ", "engaged in ", "Allowed", "permitted" and "suffered" within its meaning. E. "Conviction" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. The record of conviction of the crime shall be conclusive evidence of the fact that the conviction occurred, but only of that fact, and the Chief of Police may inquire into the circumstances surrounding the commission of the crime for purposes of applying the provisions of this ordinance. F. "Dealer" means any individual dealing a gambling game, or who operates or manages such game or games on a premises authorized under this section. G. "Exempt Organization" means a nonprofit society, club fraternal, labor, or other organization having adopted bylaws, duly erected officers and /or 'directors, and a bona fide membership which has applied for and obtained tax exempt status as an exempt organization from the Franchise Tax Board of the State of California and the Internal Revenue Service under the Internal Revenue Code of the United States. H. "Financial Interest" means any direct or indirect interest in. the management, operation, ownership, profits or revenue ,(gross or net) of a gaming club. A "direct financial interest" means a monetary investment ~ln a gaming - club or the preises and`business enterprises 1 5 1 2 3 5 6 7 8 9 10 5�! -�a 20 21 22 23 24 25 �6 7 8 9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 1 Pl'anni ig'Commission Minutes April 13, 1993 421 directly related to it. An "indirect financial interest" means owning one percent (1 %) or more of any entity,.i.e., any business, corporation, partnership or trust, that in turn has a direct financial interest in a cardroom. The following are examples of indirect financial interests: 1. The stock or other securities of a corporation that owns a cardroom. 2. A partnership interest in a partnership that owns a cardroom. 3. The interests of either or both the income beneficiaries or remaindermen of a revocable or irrevocable trust that owns a cardroom or holds a financial interest in one. 4. Any lease or other rental agreement with a cardroom as a lessee or renter, the rental for which is based in any part on the profits or revenue (gross or net) of the cardroom. 5. Any loan made by a private lender to a cardroom. 6. Any other interest in the management, operation, profit, revenue (gross or net) of a cardroom. I. 'Gambling" means the playing, for money or chips representing money, or for any other thing of value, of those card games which are not unlawful under the laws of the State of California. J. "Gambling Licensee" means any person or persons who are currently licensed under Chapter 6.20 of the Petaluma Municipal Code. K. "House Player" means an employee engaged, financed, or paid by the licensee for the purpose of starting and /or maintaining a sufficient number of players in a card game. L. "Interested Person" means any member, stockholder, officer, director, partner, principal, associate, individual, trustee, or combination thereof holding any financial interest in a licensee, or who has the power to exercise influence over the operation of a cardroom or a licensee. M. "Leal Gaming" means any game played with cards or other similar devices for currency, check, credit or other thing of value which is not prohibited and made unlawful by Chapter 9 (commencing with Section 319) or Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code. N. "License" means the license issued under Chapter 6.20 of the Petaluma Municipal Code by the City .to an applicant permitting the operation of a cardroom owned by the applicant. O. "Licensee" means the individual or entity that owns cardroom and to whom a license to operate a cardroom has been issued by the City. rol 422 Planning Commission Minutes April 13, 1993 P. "Manager" means anyone who represents the interest of the licensee in the operation of a cardroom, whose duties include but may not be limited to: ('1) the making or changing of policy; (2) approving credit; (3) hiring or firing of employees; or (4) generally exercising independent judgement in the operation of the cardroom. A manager need not have a financial interest in the cardroom. A manager must be an employee of the licensee, or if not an employee, then a person having a financial interest as a partner, a shareholder, or trustee of the cardroom (but not otherwise). Q. "Organized Crime" means a structured criminal syndicate composed of professional criminals who primarily rely on _unlawful activity as a way of life. R. "Person" means and includes individual, partnership, corporation, association, club, firm, or entity of any character whatsoever. S. "Private Lender" means any person other than a state or federally regulated bank or savings and loan association, a credit unit, any other recognized .financial institution doing business with the public, that has loaned or advanced, or is obligated to loan or advance money to a cardroom if either the payment of interest or principal of such loan is based in any part on the profits or revenue (gross or net) of the cardroom, or by virtue of the loan, such person has the power to exercise influence over the operation of a cardroom. T. "Qualified Transferor" shall mean (1) a person, partnership, or corporation holding a cardroom license; (2) a person holding stock in a corporate licensee; and /or (3) a person having a partnership interest in a partnership license. U. "Registrant" is any person who has filed an application under the Gaming Registration Act of California (California Business and Professions Code Subsection 19800 et seq), hereafter "Gaming Registration Act ". V. '"Transfer of a Financial Interest`' shall mean the assignment, bequest, conveyance, demise, devise, gift, grant, lease, loan, sublease or transfer of a financial interest in a cardroom. W. "Transfer of a- License" shall mean the assignment, bequest, conveyance, demise, devise, gift, grant, lease, loan, sublease or transfer of a cardroom license. 21 -420.4 Zones For Cardroom. Establishments: Cardroom establishments are permitted only in the commercial zones CC, CH- and ML as identified by the Zoning Ordinance. No such establishment shall be permitted in any area outside of one of these commercial zones. 21 -420.6 Cardroom Establishment Conditional Use Permit Required: A. Use Permit Required. It shall be. unlawful _for -,any - establish or operate, or cause or permit to be operated, any cardroom 7 1 2 4 6 7 8 9 10 11 �ca ' wig 21 22 23 24 25 8 9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 2 3 4 Planning Commission Minutes April 13, 1993 423 establishment without first obtaining a conditional use permit as defined and set forth in Sections 21- 420.8. and 26 -500 of the Petaluma Zoning Ordinance. Such-permit shall not be denied on the basis that the business to be established is a cardroom establishment, if the establishment is in conformance with the requirements of this Section. 21 -420.8 Permit Application: A. Any person,, association, partnership, corporation, or other entity desiring to obtain a cardroom establishment conditional use permit shall file an application with the Planning Deppartment on a form provided by the Director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution. B. The application for a conditional use permit shall contain the following information: 1. The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addresses of the officers, directors, and each stockholder owning more than 10% of the stock of the corporation, If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible manager officer. 2. Name, address, and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices. 3. The proposed business name of the cardroom establishment and description of the type of games to be played. 4. Street address of the proposed cardroom establishment and the assessor parcel number for the property. t, 5. A plot plan for the property depicting the location of the building housing the cardroom establishment on the property. 6. Any other information reasonably necessary to accomplish the purposes of Section 21 -420. C. Referral to Other City Departments. The Director of the Planning Department may refer the application to other City departments to determine whether the premises where the cardroom establishment will be located, complies with the City's building, .health, zoning and fire ordinances or other applicable ordinances or laws. City 8 424 Planning Commission Minutes April 13, 1993 departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. D. Action on Application. Notice and public hearing requirements shall be as set forth in Section 26 -500 of the Petaluma Zoning Ordinance pertaining to conditional use permits. 21- 420.10 Grounds for Conditional Use Permit Denial/Revocation: A. The Planning Commission shall grant the conditional use permit unless it is determined from a consideration of the application, City inspection of the premises or other pertinent information that: 1. Information contained in the application or supplemental information requested from the applicant is false in any material detail. 2. The proposed location of the cardroom business would not comply with the requirements of Section 21- 420.26. 3. The operation of the cardroom business is or would be in violation of one or more provisions of Sections 21-420 and 26- 500. 4. The premises where the cardroom business is or will be located does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances. 5. That a conditional use permit to operate the cardroom establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than 10% of the applicant's corporate stock, which conditional use permit has been suspended and the period of suspension has not yet ended. 6. The proposed location or cardroom proposal would. be inconsistent with the considerations described in Section ,21- 300. B. Notice of conditional use permit denial shall be in writing and shall state the grounds, therefore. Notice shall be personally served on the permit applicant or mailed to his address listed on the application form. C. A cardroom conditional use permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for conditional use permit denial in Section (A) (1 -6) above. D. Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Any suspension or revocation procedure shall be done as specified in Section 26 -509 of the Petaluma Zoning Ordinance. 9 Planning Commission Minutes April 13, 1993 425 1 21= 420.12 Conditional Use Permit Conditions: The Director of Planning may 2 recommend conditioning the issuance of a cardroom conditional use permit 3 by imposing reasonable conditions to insure compliance with the provisions 4 of Section 21 -420, and other sections of the Petaluma Zoning Ordinance and 5 Municipal Code. Cardroom Conditional Use Permits shall be subject to annual 6 review by the Planning Commission. 7 8 21- 420.14 Conditional Use Permit Valid for Specified Location /Establishment 9 /Permittee: Each permit issued pursuant to Section 21 -420 is only valid: 10 11 A. For the permittee specified in the conditional use permit application. B. For the business name for the cardroom establishment listed in the conditional use permit application. C. The specific type of establishment described in the conditional use permit application. D. The specified location described in the conditional use permit. 20 21 21- 420.16_ Sale or Transfer of Business: 22 23 A. No conditional use permit_ issued pursuant to this article may be 24 assigned or transferred without the prior written consideration and 25 approval of the Planning Commission. The applicant shall apply for a 0 6 transfer on a form provided by the Planning Director and shall pay a 7 nonrefundable application processing fee in the amount established 8 by City Council resolution. Consideration of the sale or transfer shall 9 be done in accordance with conditional use permit procedures set 30 forth in Section 26 -500 of Zoning Ordinance #1072 N.C.S. with the 31 exception of Section 26 -511 pertaining to transfer rights. 32 33 B. Transfer of partnership or corporate ownership. An application for 34 approval of a transfer of a conditional use permit shall be required 35 prior to any change in an interest in a partnership or ownership of ten 36 percent (10 %) or more of the stock of a corporation to any person not 37 listed on the application filed by said applicant pursuant to Section 21- 38 420.8. 39 40 C. An application for transfer of a cardroom conditional use permit may 41 be denied for any of the grounds specified for denial of an original 42 conditional use permit application in Section 21 420.10. Procedures 43 for notice of denial of a transfer and appeal thereof shall be identical 44 to those procedures for denial of a conditional use permit application 45 specified in Section 26- 504.2.. 46 47 21= 420.18 New Conditional Use Permit Required: 48 49 A. Prior to any change in the location of the cardroom establishment. 0 1 B. Prior to the conversion of an y existing cardroom establishment to any 2 other type of cardroom establishment as described herein. 3 - �t 10 S 426 Planning Commission Minutes April 13, .1993 1 C. Prior to any change in the business name of the cardroom 2 establishment. D. Prior to the enlargement or expansion of any existing cardroom including but not limited to physical expansion of the facility or expansion of the nature of the business, e.g., hours of operation,. scope of activities, number of tables, etc. 21- 420.20 Exempt Organizations: A. Exempt organizations may provide card tables. and card games for the exclusive use of their members and shall be exempted from obtaining a cardroom license pursuant to this Section, whether or not a fee or any other charge is made to the players, as long as the exempt organization is not required to register under- the Gaming Registration Act, and providing that such exempt organization complies.with all of the subsections of this Section. B. An authorized representative of the exempt organization shall file a Declaration of Exemption executed under penalty of per'ury with the Chief of Police that sets forth the name and address of the exempt organization, the number of tables to be operated, and a declaration that the exempt organization and its members qualify for exemption from the Gaming :Registration Act and from licensing hereunder; the Declaration of Exemption. shall be accompanied by proof of the valid and unrevoked tax exempt status of the exempt organization granted by the Franchise-Tax Board and /or the Internal Revenue Service. No registration fee shall be required. C. No exempt organization shall operate, conduct or carry on legal gaming as defined in this Chapter more than one day of any calendar week. D. No exempt organization shall operate, conduct, or 'carry on legal gaming within any building, structure, lot, or premises within any calendar week, if any other exempt organization has conducted, carried on, or operated legal gaming within such building, structure, lot or premises during the same calendar week. 21- 420.22, Limit on Cardrooms Licen-ses: It is in the interest of the public health, safety and welfare of the City to limit the number of cardrooms operating in the City to one (1) cardroom for each fifteen thousand (15,000) persons residing in the City or four (4) cardrooms in total, whichever is less. For the purpose of determining the number of cardrooms permissible, the population is determined by the latest estimate of population made by the Department of Finance. No application for a cardroom Conditional Use Permit license shall be accepted for filing when the maximum number of . lieep,ses Conditional Use Permits authorized pursuant to this Section have been issued and are valid. There shall be no waiting lists or priorities for persons desiring to file such applications under such circumstances. 11 Planning Commission Minutes. April 13, 1993 427 1 21- 420.24 Table Limit: The number of tables in any cardroom licensed as of the 2 effective date of this section shall not be increased, except that every 3 cardroom may have up to fifteen tables. No cardroom shall have more than 4 fifteen tables. A "table" is defined as an area in which a single game is 5 played, not exceeding ten players plus a dealer. 6 7 21- 420.26 Limit on Locations: No cardroom shall be allowed in the following 8 locations: 9 10 A. Within two hundred fifty feet of the exterior property limits of any l l public or private elementary school, junior high school or high school; B. Within two hundred fifty feet of the exterior limits of any district where :residential use is the principal permitted use, includin& all C districts and zones, and any districts where the principal use permitted CID or maintained is residential, or any successor zones. Except that cardrooms may be established when they are clearly an ancillary use in a larger commercial recreational use governed by a Conditional Use Permit; or 21 C. Within one thousand two4 undred feet of the exterior structural wall of 22 each business or premises lawfully 23 occupied by a cardroom, a massage establishment, or adult 24 entertainment establishment. All distances referred to in this section 25 shall be measured in a straight line, without regard to intervening 26 structures, from . the closest exterior structural wall of each business. 7 bete-- tl�e- loset- poin €s - oar- tl�- -eror- pepe�ty - -ks -� -area 8 beuari�s- a -the - pa�eel -oF-- ass- -iced -yep -that - Leo- -n 9 e�FdFOe- oeeties -o- tit- �f--- niti- ut- trt�etFe- lo��t�d - ©r -a 30 single =- parcel -- di�taees - -- shall-- 4-- -mrod- -fry -- Abe - -exte 31 baundaries of the�rit$o- oeepied: 32 33 21- 420.28 Financial Disclosure: Upon application of a conditional use permit, every 34 applicant therefore, shall disclose the following information: 35 36 A, If the applicant is a corporation, the name of the corporation shall be 37 set forth exactly as shown in its articles of incorporation, together with 38 the names and residence addresses of each of its officers, directors, .39 and each stockholder holding more than ten (10 %) percent of 'the - 40 stock of the corporation. If the applicant is a partnership, the 41 application shall set forth the name and residence address of each of 42 the partners, including limited partners. If one or more of the 43 partners is a corporation, the provisions of this section pertaining to a 44 corporate applicant shall apply. The names and addresses of every 45 person deriving a profit, or holding any position of management or 46 control. shall be disclosed. 47 48 B. A sale or transfer of any interest in a cardroom, which interest. would 49 be required to be reported upon application for a cardroom license, 0 0 shall be reported to the Chief of Police prior to such sale or transfer. 1 The Chief of 'Police shall investigate any person receiving any interest 2 in a cardroom as a result of such sale or transfer, and if such persons _ 3 - satisfies the requirements relating to cardroom license applicants, the 4 Chief of Police shall give written approval to such transfer or sale. A V - 12 428 Planning Commission Minutes 21- 402.30 April 13, 1993 fee as set forth in the municipal fee schedule shall be paid to the City for investigation by the Chief of Police necessitated- by each such sale or transfer. C. All indebtedness of the cardroom business exceeding .one percent of the book value of the business shall be disclosed in writing to the Chief of Police within ten days after such indebtedness exists, excluding indebtedness from commercial lending institutions or trade creditors. Operations Regulations- It is unlawful to operate a cardroom in violation of any of the following regulations: A. Physical. Arrangements: 1. Not more than one cardroom shall be located at one address. 2. No establishment licensed as a cardroom shall operate or maintain in use more-tables for the playing of legal games than the number for which the conditional use permit authorizes and for which the business license tax has been paid. 3. Legal games shall be located and conducted on what is commonly known as the street floor of the cardroom premises. 4. Legal games shall be Located in one of or more rooms and so arranged' that the gaming tables in a room and, the players at the tables shall be ,plainly visible from the main doorway into such cardroom, and no wall, partition, screen, or similar . structure between any main doorway into a cardroom and any gaming table shall -be permitted if it interferes with such visibility, except for such other physical arrangement of a cardroom which has been approved by the Chief of Police. 5. During all hours of operation, the outside doors to the cardroom and the main doors to the gaming :rooms must be unlocked and accessible to the general public. 6. Cardroom facilities may operate up to 24 hours a day, seven days a week as dictated by individual conditional use permits. 7. The legal gaming areas of the cardroom shall be separated from other activities on the premises to the satisfaction of the Chief of Police. 8. Any part and all of the cardroom shall be open to police inspection during all hours of operation. 9. The maximum number of players involved in legal gamin at any one time shall not' exceed a total of the number ten (10) multiplied by the maximum number of tables the licensee is authorized to operate under the lieu Conditional Use Permit. 13 429 Planning Commission `Minutes April 13, 1993 1 "B. Operations Procedures. No licensee, agent, or employee of a 2 licensee, shall: 3 4 1. Allow or permit money to be used as ante or bet in any legal 5 game in any cardroom. Anteing or betting shall be done by 6 using tokens, chips, or other representatives of money. 7 8 2. Loan money or permit money to be loaned, with or without 9 security, to any person, except to an identified house player, as a 10 stake in any legal game. €orthicl}�aa�i €ee ir}ter�s#, o -ether eo�id "er�tie�- rs- rx�posed- i$exeess ©€ �l�e- amo�t- lewd: 3. Knowingly permit any person who is in a state of intoxication in any area of the premises used for legal games. 4. Permit any person under the age of twenty -one (21) years to participate in any legal game within, or to be present within, any cardroom, provided, however, that a license may establish a higher minimum age of admission if not otherwise prohibited 20 by law. eroded, - -£he - tl�a -= this- roic�e -�l� 11 - ©t -fie 21 22 eanstd- t © -e ©�e -the adais}-to- any- Ed�oo -o€ -an per�s---ande-r -- the-- -age - -4€ - Owe- n"ne -- -year-&-- where - -= 23 admissiorris -pr ©kited -h aey -lao �eguletien- gt�uering -the 24 sak- ©€-aleoheliobevef-age� 25 6 t 5. Fail, neglect, or refuse to exhibit their licenses on the demand 7 28 of any law enforcement .officer. 29 C. General Requirements: 30 31 1. There shall be posted in a conspicuous place in the cardroom 32 premises the following: 33 34 a. The minimum buy -in, time charged, or other fee 35 charged players for the use of the tables; 36 37 b. A set of detailed house rules applicable to the games 38 played, which shall be posted in the form of a printed 39 rule book; 40 41 C. A copy of the current valid City license and the 42 licensee's current Gaming Registration Certificate 43 issued under the Gaming Registration Act.. 44 45 2. The operation of a cardroom shall be the responsibility of the 46 licensee personally (if an individual is the licensee) or a 47 manager or designated responsible employee of the licensee at 48 all times. 9 50 The licensee shall designate the names of all such managers - 1 and designated responsible employees in the application and 2 shall advise the Chief of Police in writing whenever any change 53 is made. 54 14 4 3 0 Planning. Commission Minutes . April 13, 1993 1 3. The licensee personally (if an individual is the licensee) or a 2 manager or a designated responsible employee shall be on the 3 cardroom premises at all times during the conduct of its legal 4 gaming operations. 5 6 4. Not later than January 1st of each calendar year the licensee 7 shall execute under penalty of perjury and file with the Chief of 8 Police a declaration stating the following: 9 10 a. A list of the minimum buy -in, time charged, or other fee 11 charged players for the use of the tables. 12 13 b. A set of the then current posted detailed house rules 14 applicable to the games played. 15 16 C. That payment of the most recently issued City business 17 tax for a cardroom has been paid. The declaration shall be accompanied by a complete copy of all registration and re- registration applications (and exhibits) filed by the licensee and all persons having a financial interest in the licensee under the Gaming Registration Act; provided that copies of current 'Registration Certificates shall be filed forthwith after their receipt with the Chief of Police if not obtained by the time this declaration is filed, hereunder, and each of .w.hich copies shall be declared by the registrant under penalty of perjury to be a complete copy. 21- 420.32 State Law Violation: The City Council declares that it, is not the intention . of this chapter to permit the licensing of any gaming club for the playing of any game prohibited by state law, including but not limited to those games enumerated in section 330 of the Penal code, which section includes banking and percentage games. 21- 420.34 Special Cardroom Fees Required: The City Council may . require the payment of impact fees as prescribed by Resolution upon the approval of a conditional use permit for the establishment or expansion of a cardroom. 21- 420.36 Loans Prohibited: No cardroom licensee, nor any other person required to disclose information under this chapter, shall loan money or any other thing of value or representing value to any player at any game in a cardroom. 21- 420.3.8 Notification of Terminated Employees: Every cardroom licensee shall notify the Chief of Police within two working days after any employee is terminated for any reason. 21- 420.40 House Players Prohibited: No cardroom licensee, nor any person employed in a cardroom, shall play any game in a cardroom in the City, whether off - duty or not, and without regard to whether such person is employed, staked or financed by a cardroom licensee or any person required to disclose information under this section unless said individual is clearly identified as a house player by wearing a readily `visible badge with minimum dimensions of 1� 15 431 Planning Commission Minutes April 13, 1993 1 21- 420.42 Incentives Prohibited: No cardroom licensee shall furnish any alcoholic 2 beverages, to any player in a cardroom, or to any person, as an inducement to 3 play or to continue playm, �. The term "incentive" means without charge to 4 the recipient, or at a pnce or other consideration below that normally 5 charged by the establishment for such item. 6 7 8 NEW BUSINESS 9 PUBLIC HEARINGS 10 11 H. WILLIAM GOTELLI, QUARRY GARDENS, MCNEAR AVENUE, AP NO. 008 - 471 -35, FILE NO. TSM93002(hg). Request for reapproval of a Tentative Subdivision Map to subdivide a 2 acre parcel on McNear Avenue into 5 residential lots ranging in size from 10,840 to 32,481 sq. ft. The following actions are required: 1. A determination that the previously adopted Negative Declaration is adequate. 20 2. A Tentative Subdivision Map to subdivide the property into 5 residential lots. 21 22 The public hearing was opened. 23 24 SPEAKERS: 25 6 Principal Planner McCann presented the staff, report: 7 Commissioner Thompson - Concerns regarding height restrictions, building mass, massing 8 for sound; height; please pass these concerns on to SPAR'C-. 29 Principal Planner° McCann = Design Guidelines can be amended to protect views for Lands 30 of Doherty. 3 Commissioner Torliatt - Questions regarding downstream development and tree 32 replacement. 33 Plannin' Dg irector Tuft - Trees to be removed are not substantial; however, original report 34 was written in 1990, standards may now be more stringent. 35 Larry D_ovve - (representing applicant, Mr. Gotelli) - Approvals expired in November of 36 1992; protect is moving along - Arborist and Soils Engineers have been hired; Rezoning has 37 been applied for to create larger lots; great care will be taken to save trees (i.e., utilizing 38 meandering sidewalks, etc.); all aspects of project are not ready for resubmittal. 39 Commissioner Parkerson - Should we require more trees to replace the ones removed 40 (under 1993 Standards)? 41 Larry Doyle - Applicant would not object to more replacement trees; reiterated that care 42 regarding tree removal is already planned. 43 Commissioner Read - Concerns regarding address numbering system on McNear (per 44 Attorney Rolnick letter). 45 Planning Director Tuft - Will investigate numbering sequence and respond to Mr. Rolnick 46 directly. 47 48 The public hearing was closed. 49 0 A motion was made by Commissioner Rahman and seconded by Commissioner Bennett to 1 determine that the previously adopted Negative Declaration is adequate. 2 3 COMMISSIONER READ: Yes 54 COMMISSIONER BENNETT: Yes 16 432 Planning Commission Minutes April.13, 1993 COMMISSIONER RAHMAN: Yes CHAIRMAN PARKERSON: Yes COMMISSIONER TORLIATT: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Absent A motion was made by Commissioner Rahman and seconded by Commissioner Bennett to approve the Quarry Gardens Tentative Subdivision Map as conditioned. COMMISSIONER READ: Yes COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes CHAIRMAN PARKERSON: Yes COMMISSIONER TORLIATT: Yes COMMISSIONER THO VIPSON: Yes COMMISSIONER TARR: Absent Negative Declaration Findings 1. The project, as conditionally approved, does not have the potential,'to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 2. The project, as conditionally approved, does not have the potential to achieve short - term to the disadvantage of long -term, environmental goals. 3. The project, as conditionally approved, does not have impacts which are individually limited, but cumulatively considerable. 4. The project, as conditionally approved, does not have environmental effects which . will cause substantial adverse ects on human beings, either directly or indirectly. 5. The traffic impact of this five-unit subdivision. will be slight, relative -to the required improvements and capacity of the existing .road network and the impact of the. subdivision will be mitigated through conditions of approval. 6. The potential adverse drainage impacts of the project are adequately mitigated 1, through conditions of approval. 7. Conditions of approval adequately mitigate potential adverse impacts on the scenic qualities and existing plant species of the site. Findings for Tentative Map 1. The proposed subdivision, together with provisions for its design and improvement, is consistent with the General Plan and Zoning Ordinance. 2. The proposed subdivision is compatible with - the objectives, policies, general land uses and programs specified'in said General" Plan. 17 1 2 3 5 6 7 8 10 11 rR� ` �i 21 22 23 24 25 26 F 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 1 2 3 4 Planning Commission Minutes April 13, 1993 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The tentative map provides reasonable public access on a public road to the proposed lots. 6. The proposed map, subject to the following conditions, complies with the requirements of the Municipal Code, Chapter 20.16 and the Subdivision Map Act. 7. The design of the subdivision and the proposed improvements therefore will not cause substantial environmental damage, and no substantial or avoidable injury will occur to fish or wildlife or their habitat. 8. The design of the subdivision and the type of improvements will not cause public health problems. Conditions All requirements of the Engineering Department shall be complied with, including: a. The developer shall comply with the Petaluma Municipal Code Section 20.36.010 and 20.36.020 which require the developer to pay storm drainage impact fees (as calculated in Chapter 17.30) on construction in all sections of the City of Petaluma. b. The owner of'this development shall be aware that the developer of Country Club Estates has requested sanitary sewer, water main and storm drain pay back agreements - for those mains installed in McNear Avenue. If this is approved by the City Council, an additional connection charge will be required from those lots or development that tie into these mains. C. Frontage improvements (curb, gutter, sidewalk, underground utilities and pavement) shall be constructed across this development. If field conditions prove the existing pavement to be satisfactory, the full pavement section will not be required. These frontage improvements required shall conform with those installed by the Country Club Estates development. y, d. Frontage improvements (curb, gutter, sidewalk, underground utilities and one -half street) across the adjacent Parcel 3 and 4 of approved Parcel Map 142, Lands of Gotelli, to the existing improved frontage are required prior to issuance of a building permit for this development. e. All frontage improvements installed within the County of Sonoma portion of McNear Avenue shall be subject to their review and approval. f. This development shall contribute a proportionate share of the cost of the traffic signal at Petaluma Boulevard South and Mt. View Avenue and McNear Avenue in the total amount of $678.70. - g. All backyard and hillside drainage control must be within underground pipe system with surface concrete catchment swales and inlets anal .installed concurrently with the public improvements required with this development. In 434 Planning Commission Minutes April 13, 1993 h. General note #6 document 87 -0604 (stated on the tentative map.) allows AP No. 8- 471 -33 to install drainage improvements and surfaceL drainage run off onto any portion of the proposed development. Prior to final .map approval, an adequate permanent drainage, system for AP No. 8- 471 -33 shall be designed and installed with the on -site private drainage system required with the proposed development. These improvements for AP No. 8- 471 -33 shall be contained in a permanent private 10 foot easement. i. Signing and striping shall conform to City standards. j. All driveways shall be designed with the public improvements required for this development. k. At the time the final map is prepared for this development, a standard City bench mark shall be used and not the top of an existing manhole rim. 1. A soils report shall be prepared for this development. Improvements required by said report, such as subdrain and erosion control and any slide repair, shall be installed concurrently with the public improvements. M. All street lights used within this development shall have- standard metal fixtures dedicated to the City for ownership and maintenance. .Prior to City acceptance, the developer shall verify all lights meet PG &E's LS2 rating system. n. This development shall contribute a proportionate share to the cost of the SCWA Master Drainage Plan for the Rock Quarry proposed improvements Creek drainage system. The .contribution shall be determined by the developer's engineer and approved by the City Engineer based on a ratio of run -off from the site to run -off from the watershed. 2. Design Guidelines shall be developed for the subdivision and shall be subject to SPARC review (Prior to application for Final Map) with particular emphasis on the following (individual lot compliance shall be determined by staff through the building permit process): a. Landscaping including tree preservation and replacement and front yard and right-of-way plantings. A street tree master landscape plan shall be prepared .by -- the ,, rdeveloper. Responsibility for installation of landscaping, in conformance with the Master Landscape Plan, shall rest with the individual property owners. b. In order to minimize grading, .houses shall be designed to closely conform to the natural terrain of the site and kept as close to natural,grade as possible. Special consideration shall: be given to minimization of building mass and heights in relationship to neighboring parcels. C. House design shall be such that existing trees are preserved to the maximum degree possible. d. A high quality and variety of architectural styles and exterior materials shall be provided. 19 Planning Commission Minutes April 13, 1993 435 1 2 e: Fencing shall be provided around the project site perimeter and around all 3 private lots, subject to the setback requirements specified in the Zoning 4 Ordinance. Perimeter fencing shall be installed by the developer at the time 5 public improvements are constructed and may be supplemented by existing 6 fencing if deemed appropriate by staff. Private lot fencing shall be installed 7 as part of the development of each individual lot. Design of all fencing and 8 any retaining walls shall be subject to SPARC review. 9 10 3. Prior to submission of the application for SPARC review of the Design Guidelines 11 and Tentative Map, an inventory of existing trees on -site shall be made by a qualified arborist. The arborist's report shall include an assessment of the health and vigor of the trees recommendations for retention or removal; identification of Co tree types, size, location of trunk, and measured location of canopy; and anticipated (o impacts of the proposed. project. Selection of arborist and scope of work shall be to staff approval at applicant's expense. The project applicant shall work with City staff and the arbonst to preserve and protect healthy trees. In order to minimize impacts, revisions to sidewalk location (i.e. meandering may be required), driveway location and site development may be required. Ultimate determination regarding tree retention, sidewalk layout and frontage improvements shall be approved by 21 Planning Commission prior to SPARC review. Intent is to preserve (especially) the 22 trees along McNear Avenue. 23 24 4. Plans submitted at application for SPARC review (prior to application for Final 25 Map) shall reflect amendments resulting from efforts described under Condition 3, 26 in addition to the following: 1 27 28 a. To minimize driveways. and garages on McNear Avenue, access for Lots 1 29 and 3 shall be-from the proposed private drive serving Lot 2. Lots 4 and 5 30 shall have a shared driveway. Non- access easements along McNear Avenue 31 shall be executed for Lots 1 and 3. 32 33 b. All trees proposed for removal shall be clearly identified. Tree replacement 34 (3 2 new 15 gal. trees for each healthy tree to be removed) shall be required. 35 36 e. Subdivision Landscape Plans shall include street trees placed no more than 37 25' on center along McNear Avenue. Proposed species shall be included. 38 Rather than the monolithic curb, gutter and sidewalk proposed, a separated 39 sidewalk which meanders in response to topography and existing trees 'shall 40 be provided. If required due to relocation of sidewalk, a public easement 41 must be provided for sidewalk located on private property. 42 43 5. Installation of private drive (to serve Lots 1, 2 and 3) shall be relative to 44 development of lots to be served by it. If Lot 2 is developed first, the full driveway 45 shall be installed. If Lot 1 or 3 develops first, driveway shall be installed to the point 46 at which access to the lot occurs. Extension of driveway shall occur as required for 47 subsequent development of affected lots. 48 49 6. Due to irregular lot configuration, setback lines for Lot 4 shall be shown, subject to 50 - approval by the Community Development Director. The notation "unless otherwise 51 stated" shall be added to Tentative Map note 4. 52 53 7. Lot lines shall be adjusted to achieve a minimum lot size of 14 square feet or as 54 needed to conform to Condition No. 9 below. 20 436 Planning Commission Minutes April 13,.1993 1 2 8. Existing fencing which will cross new property lines shall be removed prior to final 3 map approval. 4 5 9. Applicant shall initiate a rezoning of subject property to R- 1,10,000 or Residential 6 PUD prior to Final Map application. 7 8 Standard Subdivision Conditions 10. The property owner shall execute a recorded easement providing for cross - access and maintenance of the proposed common private drives. 11. Temporary protective fencing with in- ground poles shall be erected at the drip lines of all on -site trees to be preserved and all trees on .neighboring property or in the public, right -of -way in proximity to construction activities. The ;fencing shall be erected prior to any rough grading activity and shall be subject to staff inspection prior to issuance of a grading ,permit. 12. All requirements of the Fire Marshal shall be complied with, including: a. Fire hydrant locations shown on the tentative map are acceptable. b. Fire hydrant shall have single 2 -1/2 inch and single 4 -1/2 inch outlets. C. All areas of building envelope on Lot 2 shall be within 150 feet of access driveway. d. All roofing: materials and roofing materials used as exterior wall covering . shall have a minimum Class 'B" fire rating. 13. The requirements of Pacific Bell, as reflected in correspondence dated April 27, 1990, shall be complied with. 14. All new utilities shall be underground, subject to staff review and approval. 15. The project sponsor shall execute a binding agreement which shall stipulate that upon close of escrow of each residential dwelling unit in Quarry Gardens, developer shall pay $150.00 to the City per daily trip end estimated to be generated by 'said unit. Each unit is estimated to generate 10.0 trip ends per day. If the City establishes a Major Facilities Traffic Mitigation Fee prior to closel of escrow of any unit(s), - the° - fe.e for said unit(s) and all subsequent units in this project shall thereafter be the Major Facilities Traffic Mitigation Fee. t 16. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code performance standards (noise, dust, odor, etc.). 17. In the event that archaeological remains are encountered during grading, the work shall be halted and a qualified archaeologist shall be consulted for ,evaluation of the artifacts and to recommend future action. The local Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. 18. The following Development Fees shall be applicable to this project- Community Facilities, Storm Drainage Impact, Park, and Recreation Land Improvement, and School Facilities, and Traffic Mitigation. 21 Planning.: Commission Minutes April 13, 1993 437 1 - 2 19. Applicant shall be responsible for complying with General Plan program regarding 3 provision of affordable housing units. One option for compliance is payment of In- 4 Lieu Housing fees. 5 6 20. Any signs erected to advertise or direct persons to the project shall meet the 7 requirements of the City sign ordinance and obtain a sign permit from the City. 8 9 21. Individual property owners shall be responsible for perpetual maintenance of 10 landscaping in the public right -of -way adjoining their property. Deed restrictions 11 will be required. 12 22.. Final landscape and irrigation plans for public areas shall be subject to review by the Parks and Recreation Department prior to final map. 23. All hazardous materials (as recognized by the City Fire Marshal) utilized on the construction site(s) shall be kept within a fenced, locked enclosure, subject to review and approval of City staff. 21 22 III. MLB CONSTRUCTION, CHERRYWOOD, 511 CHERRY STREET, APN 006 -011- 23 68 THROUGH 73, FILE NO. VAR93002 (hg). 24 25 Consideration of a request of an amendment to Condition #6 of Resolution No. 89- 26 36, N.C.S. approving the Tentative Map for the Cherrywood Subdivision (six single - 7 family lots . The requested amendment to Condition #6 is to allow for 8 modifications to fencing constructed between the individual lots and adjacent 9 properties. The following action is required: 0 31 1. Amendment to Condition #6 of Resolution No. 89 -36 N.C.S. 32 33 (Commissioner Read left the meeting prior to this item.) 34 35 The public hearing was opened. 36 37 SPEAKERS: 38 39 Principal' Planner McCann presented the staff report. 40 Commissioner Parkerson - This is a curious request, will cause a certain lack of privacy. 41 Commissioner Torliatt - Ivy or climbing vines could be used to provide privacy. 42 Mike Bianucci - Applicant - original proposal was for solid fencing; explained " t 43 existing /proposed and already approved fencing and reasons for requested changes; trying 44 to get away from solid wood fencing; "green walls" can be created with wire fencing and 45 vines; post and wire fencing is more open, but can be made private. 46 Commissioner Torliatt - Questions regarding existing landscaping on south property line - 47 it doesn't look.good. 48 Mike Bianucci - south property line has an existing storm drain which precludes substantial 49 planting, on south property line; landscaping cannot encroach onto neighboring property. 50 Planning Director Tuft - The original condition was not specific on fencing. 1 Mike Bianucci - Some of the view to the south will change when trees that were pruned (to 2 install storm drain) leaf back out. 3 Commissioner Parkerson - Likes the idea of post and wire fences (openness); commended 4 the applicant on positioning of houses (to save trees). 22 43 8 Planning Commission Minutes April 13, 1993 The public hearing was closed. A motion was made by Commissioner Bennett and seconded by Commissioner Rahman to approve the Tentative Subdivision Map Amendment based on the one finding listed in the staff report and to include the proposed Revised Wording of Condition No. 6 as.follows: COMMISSIONER READ: Absent COMMISSIONER.BENNETT: Yes COMMISSIONER RAHMAN: Yes CHAIRMAN PARKERSON: Yes COMMISSIONER TORLIATT: Yes COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Absent Findings for Amendment The amendment to Condition #6 of Resolution No. 89 -36 N.C.S. does not constitute a significant change to the Cherrywood Tentative Subdivision. Map and /or remaining conditions of its approval. Revised Wording of Condition #6 To preserve views and /or privacy, decorative fencing (solid and /or open, i.e., post and wire) and /or 'landscaping shall be provided around the project site .perimeter and between private lots, location and design subject to staff review and approval Perimeter fencing shall be installed by the developer at the time public improvements are constructed. Private lot fencing shall be installed as part of the development of each individual lot prior to issuance of a Certificate of Occupancy. IV. WILLIAM & PATRICIA VOULGARIS, JONGARIS, INC. - DBA YELLOW CHECKER CAB, 8510 DORFMAN DRIVE, COTATI, FILE NO. CON93002akt). Request for approval of a Certificate of Public Convenience and Necessity for Jongaris, Inc., dba Yellow Checker Cab, to operate inside City limits. The following actions are required: 1. Determine that the request is exempt from CEQA. 2. Recommend approval of the Certificate of Public Convenience and Necessity to the City Council. The public hearing was opened. SPEAKERS: Principal_ Planner McCann presented the staff, report. Commissioner Torliatt Are all rates for taxi services set? Planning Director Tuft - (checked Municipal Code) - Maximum rates are set. William Jon aris - Applicant - was an original owner of Yellow Checker. Cab in the eastbay; outlying areas (Petaluma, Rohnert Park, Cotati) are requesting - taxi service; lookin& into a paratransit program; this area needs a professionally run business. Commissioner Parkerson - Have you read'the conditions? Any problems? 23 Planning Commission Minutes April 13, 1993 439 1 Mr. Jongaris - The vehicles are now in compliance; no problems with the conditions. 2 Commissioner Torliatt - New City Council rates on Business Licenses - just wanted to make 3 sure that the applicant is aware of that. 4 Steve L s - Rainbow Taxi - lifelong resident of Petaluma; complaints against Rainbow 5 are inaccurate; cannot see financial feasibility of two taxi companies in town. 6 Tim Judd - Rainbow Taxi - believes in competition; doesn't think two cab companies can 7 be supported (financially) in Petaluma; Planning Commission should check into the 8 financial feasibility. 9 Nick Navarro - Previous owner of Rainbow Taxi. - there is not enough business for two cab 10 companies; one company ends up hurting the other company financially; a second company 11 is unnecessary; here to protect interests of new owners of Rainbow Cab. 12 Commissioner Torliatt - Was the previous owner of Rainbow Cab required to have an (D office in'the City Limits? Ce Planning Director Tuft - Doesn't see requirement in the Municipal Code requiring location (° of office within the City. Commissioner Parkerson - Financial responsibilities (competition) are not a matter that the Planning Commission has jurisdiction over. Commissioner Bennett - Financial questions are not under Planning Commission USIA jurisdiction; adequacy of Rainbow Cab is not an issue under current regulations; 29 cabs could be allowed in Petaluma. 21 Nick Navarro - The City Council did not require him to have a Petaluma office address 22 when he�opened his cab business. 23 Planning Director Tuft Yellow Checker will be required to follow all conditions addressed 24 in the Municipal Code as well as the conditions imposed tonight, including not parking cabs 25 on public streets while waiting for' fares. 26 7 The public hearing was closed. '8 .9 A motion was made by Commissioner Bennett and seconded by Commissioner Rahman to 30 recommend to the City Council.adoption of a determination-of exemption from CEQA and 31 conditional approval of a Certificate of Public Convenience and Necessity based on the 32 findings and subject to the conditions listed below: 33 34 COMMISSIONER READ: Absent 35 COMMISSIONER BENNETT: Yes 36 COMMISSIONER RAHMAN: Yes 37 CHAIRMAN PARKERSON: Yes 38 COMMISSIONER TORLIATT: Yes 39 COMMISSIONER THOMPSON: Yes 40 COMMISSIONER TARA: Absent 41 42 43 Findings 44 45 1. The proposed taxi company, as conditioned, will conform to the requirements and 46 intent of the Petaluma Municipal Code. 47 48 2. The proposed taxi company, as conditioned, will conform to the requirements and 49 intent, goals, and policies of the Petaluma General Plan. 50 1 3. The proposed taxi company, as conditioned, will not constitute a nuisance or be '2 detrimental to the public welfare of the community. 3 - 4 Conditions 24 440 Planning Commission Minutes April 13, 1993 1. This Certificate of Public Convenience may be suspended or revoked for violation of any of the terms of Chapter 14 of the Petaluma Municipal Code, or for violation of any of the terms, of the certificate, or for misuse or abuse of the privilege hereby granted, pursuant to Chapter 14 of the Petaluma Municipal Code. 2. Jongaris, Inc., dba Yellow Checker Cab, shall comply with all applicable provisions of Petaluma Municipal Code Chapter 14. 3. The fare rates as proposed by the applicant are hereby fixed, and may only be changed by City Council action. 4. Before operations may commence, all vehicles owned and operated by Jongaris, Inc. dba Yellow Checker Cab shall be inspected by the Police Department. Any defects uncovered during the inspection shall be corrected and the vehicles reinspected by the Police Department. 5. All drivers of Yellow Checker Cab vehicles shall obtain a (taxi) driver's license issued through the Central Permit Bureau (Finance Department of the City of Petaluma) before commencement of operations. 6. All vehicles owned and operated by Jongaris, Inc. dba Yellow Checker Cab shall obtain annual vehicle permits issued through the Central Permit Bureau (Finance Department of the City of Petaluma) before commencement of operations. All permits for taxicabs shall expire annually the thirtieth day of June. 7. Before a vehicle permit may be issued, and prior to the operation of any of such vehicles; there shall be filed with the City Clerk a policy of public liability insurance I xecuted and delivered by a company authorized to carry out any insurance business in'the state, the financial responsibility of which company has been approved by the City. Manager. 8. Any proposal for increase in the number of taxicabs shall be reviewed and approved by the City Council before expansion of service is made. V. JOHN AND HELEN STEVENS, STEVENS PALM AND CARD READING, 712 E. WASHINGTON STREET, AP NO. 007-063-37, FILE NO. CUP93013'(hg). Request for - consideration of a Conditional Use Permit to operate a palm and card reading business in an existing. building at 712 E. Washington. Street, which is in the <<. C -N zoning district. The following actions are required: 1. Recommend approval of a Mitigated Negative Declaration. 2. Recommend approval of a Conditional Use Permit for the operation of palm and card reading business. The public hearing was opened. 09M:4 :3 Principal Planner McCann presented the staff report. 25 Planning Commission Minutes April 13, 1993 441 1 Commissioner Bennett - Concerns with the (small) size of the building with limited 2 access /parking if any other uses are allowed (offices, etc.). 3 Principal Planner McCann - There are other uses that could go in without further review; 4 the building cannot be used as a residence. 5 John Stephens - Applicant - 827 Santa Rosa Ave., Santa Rosa (for over 40 years) - No 6 concerns regarding conditions; will change paint color if City requires it. 7 Pamela,.Tuft -Staff is not recommending regulation of paint colors - signs will be regulated 8 by permits. r 9 (All Commissioners agree that the paint color, while a bit bright, is ok. Commissioner 10 Thompson doesn't want to see the color get any brighter!) 11 X 12 The public hearing was closed. CO A motion was made by Commissioner Torliatt and seconded by Commissioner Rahman to C approve: a Negative Declaration based on the following findings: COMMISSIONER READ Absent COMMISSIONER BENNETT: Yes COMMISSIONER RAHMAN: Yes CHAIRMAN PARKERSON: Yes 21 COMMISSIONER TORLIATT: Yes 22 COMMISSIONER THOMPSON: Yes 23 COMMISSIONER TARR: Absent 24 25 Findings 26 1 7 1.... An Initial Study has been prepared and proper notice provided in accordance with 8 CEQA and local-..guidelines. 9 30 2. Based upon -the_ Initi'al:.Study and any comments , there is no substantial 31 evidence that the palm and card reading business would have a significant effect on 32 the environment. 33 34 3. An initial study has been conducted by this lead agency, which has evaluated the 35 potential for this palm and card reading business to cause an adverse effect -- either 36 individually or cumulatively -- on wildlife resources. For this purpose, wildlife is 37 defined as "all wild animals, birds, plants, fish, amphibians, and related ecological 38 communities, including the habitat upon which the wildlife depends for its continued 39 viability." (Section 71.1.2, Fish and Game Code). 40 41 4. There is no evidence that the proposed palm and card reading business would have 42 any potential for adverse effect on wildlife resources, by virtue of the fact that the �... 43 project involves no physical alterations to an improved site. 44 45 46 A motion was made by Commissioner Torliatt and seconded by Commissioner Rahman to 47 approve ,a Conditional Use Permit to authorize a Palm and. Card Reading business at 712 48 East Washington Street based on the findings and subject to the conditions as follows: 49 50 COMMISSIONER READ: Absent 1 COMMISSIONER BENNETT: No (there is a potential for too many uses - not enough 2 parking on site) 3 COMMISSIONER RAHMAN: Yes 4 CHAIRMAN PARKERSON: Yes 26. 442 Planning Minutes April 13, 1993 COMMISSIONER TORLIATT Yes COMMISSIONER THOMPSON: Yes COMMISSIONER TARR: Absent Findings 1. The proposed palm and card reading business, as conditioned, will conform to the requirements and intent of the Petaluma Zoning Ordinance. 2. The proposed palm and card reading business, as conditioned, will conform to the requirements and intent, goals, and policies of the Petaluma General Plan. 3. The proposed palm and card reading business will not constitute a nuisance or' be detrimental to the public welfare of the community. Conditions 1. Use of all ground floor building space for dwelling purposes shall be prohibited. 2. The building shall not be used as a residential occupation. To bring the facility into compliance with this condition, the designated kitchen shall be eliminated as follows: a. Any gas, and /or electric range(s) and /or oven(s), and microwave oven(s) shall be removed from the building, subject to staff review and approval prior to commencement of use. 3. All exterior light fixtures proposed shall be shown on plans and shall be subject to staff review and approval prior to installation. All lights attached to buildings shall provide a soft "wash" of light against the wall. All lights shall conform . to City Performance Standards (e.g., no direct glare, no poles in excess of 20 feet height, etc.) and shall compliment building architecture. 4. There shall be no outdoor storage of materials or equipment unless screened from view to staff satisfaction. 5.. Signing shall conform to the City Sign Ordinance and be subject to approval by Planning Department staff. A sign permit must be obtained through the Building Division for all signs on the buildings exterior, and be designed to conform with'the Zoning Ordinance to staff satisfaction. 1 6. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, -mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. 7. At no time shall more than one person conduct fortune- telling services on the premises. 8. This use: permit may be recalled to the Planning Commission for review at any time due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics. At such 27 Planning Commission Minutes April 13, 1993 443 1 time, the Commission may revoke the use permit or add /modify conditions of 2 approval. 3 4 5 Community Survey Discussion 6 7 Commissioner Bennett - This survey is such that it could be a political tool, if you really 8 want to know what people are thinking, these are not the questions to ask; should be done 9 scientifically, really disappointed in this survey; all special interest groups will be able to 10: slant these results. 11 Planning Director Tuft - Planning Commission could request Council to direct funds be 12 utilized to allow survey to be more scientific. Commissioner Bennett - Choice of words in survey directs answers; entire question of tourism "is pushed aside; tourism should be addressed in new survey. Commissioner Rahman - Tried to fill out survey form and couldn't; survey needs to be done right (scientific) or not at all. Commissioner Thompson - We haven't given staff adequate direction to prepare this surve Commissioner Parkerson - What will be done with this community survey? Public input will be an important source of information. 21 Planning Director Tuft - Original survey was done door -to -door with Sonoma State 22 students; we don't have budget at this time; questions were taken directly from 1985. survey. 23 Commissioner Rahman - Survey would tell us how comprehensive a review the General 24 Plan needs; maybe Sonoma State students could do the survey for extra credit; even if there 25 is no money, we can't stop doing things. 26 Commissioner Bennett - Agrees with Commissioner Rahman: if you're going to do a 27 survey, do it right or not at all; survey must be done scientifically so it can be trusted; this 28 survey could be manipulated; groups could "stuff the ballot box". 2.9 Commissioner Parkerson - Can't see benefits of this survey. (in present form). 30 Commissi Parkerson Public hearings will give a,.sense of General Plan progress; 31 survey will not be of much benefit. 32 Commissioner Thompson - Special interest groups will attend public hearings. 33 Commissioner Rahman - In public hearing setting, majority of people will not be in 34 attendance so survey is more important; can we ask Council if they will fund a more 35 scientific survey (comprehensive review), this is too superficial. 36 Planning Director Tuft - All policies and programs of the General Plan need to be 37 considered in order for the review to be comprehensive. 38 Commissioner Bennett - This survey is not adequate; staff should ask Council for funding 39 to allow the type of survey done previously; if Council says no, public hearings should be 40 undertaken to solicit public input. 41 42 It was . the concensus of the Commission to request the Council to reconsider approving 43 expending budget for undertaking a scientific survey. 44 45 46 LIAISON REPORTS 47 48 1. SPARC - Commissioner Parkerson - the IHOP building at Country West is a 49 diversion in design, mass, color, etc. 50 2. Tree Committee - No report 51 3. River Enhancement Committee - Commissioner Bennett - Getting into the home 52 stretch - funding, etc. 53 54 444 Planning Commission Minutes 1 ADJOURNMENT 11:00 PM 2 3 min413 / pcmin -8 April 13, 1993 1 29