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HomeMy WebLinkAboutResolution 96-340 12/16/1996 1 2 3 4 5 6 7 8 9 to 12 13 14 is 16 17 18 19 20 21 z2 23 24 25 26 27 28 29 30 31 32 33 34 3j 36 37 3A 39 4U 41 42 43 a4 45 Resolution No. 96-340 N C.S. of the, City of Petaluma,. California DENYING AN APPEAL BY MICHAEL HEALY, LAWRENCE LONGENBAUGH, MICHAEL SPARKS, AND VICTOR THUESEN OF THE PLANNING COMMISSION'S DETERMINATION THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE LICENSE TO BAKER STREET BAR AND GRILL WHEREAS, Mr. Tom Baker filed an application requesting a Determination of Public Convenience or Necessity to authorize the establishment of an Alcoholic Beverage Establishment with Commercial Recreation at the proposed. Baker Street Bar and Grill. at 205 Kentucky Street; and WHEREAS, the Planning Commission considered the request during a public hearing on November 12, 1996; and WHEREAS, the Planning Commission received testimony from staff, the applicant, and his representatives, recommending approval of the request, and also received testimony and input from two residents in the project area uPging the denial of the request for Public Convenience or Necessity; and WHEREAS, the Planning Commission at the conclusion of the public hearing found the request to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities), and approved the request for a Determination that Public Convenience or Necessity would be served by the issuance of an alcoholic beverage license, and for a Conditional Use Permit to allow an Alcoholic Beverage Establishment with Commercial Recreation; and WHEREAS, Messrs. Healy, Longenbaugh, Sparks and Thuesen appealed the Planning Commission's approval to the City Council as provided for by Resolution No: 96-56 N.C.S.; and WHEREAS, the City Council considered the appeal on December 16, 1996, during which time public testimony was heard and considered during a public hearing. NOW THEREFORE; BE IT RESOLVED that the City Council denies Messrs. Healy, Longenbaugh, Sparks and Thuesen's appeal and upholds the Planning Commission's determination of Public Convenience or Necessity in conjunction with the request to establish an Alcoholic Beverage Establishment at 205 Kentucky Street, based on the following findings: Findings for the Determination of Public Convenience or Necessity 1. No evidence has been provided from the Police Department to substantiate any potential significant impact to Police services resulting from the issuance of this license. ae:. rvo.....96.-340........ ~.cs. 1 2. The applicant has presented arguments satisfactorily addressing the public 2 convenience or necessity that would be served by the issuance of this license. 3 a 3. The site for the new license is located in the busy downtown area and its proximity 5 to sensitive uses is not anticipated to create a-negative impact. 6 7 4. The conditions of approval imposed upon the approval of the project Conditional R Use Permit will serve to ensure that the use for which this license will be used is 9 compatible with the uses and/or character of the surrounding area. 10 fl 5. The issuance of this license will serve the public convenience or necessity by 1z making a facility available to the public for meeting and reception use. 13 la 6. Potentially adverse effects resulting from the issuance of this license will be I5 reduced by virtue of the applicant's commitment to have the tenants of the l6 Petaluma Hotel, and those of 205 Kentucky Street, utilize the public parking 17 garage to the greatest extent possible. 1s 19 7, Potentially adverse effects resulting from the issuance of this license will be 2n reduced by virtue of the applicant's commitment to meet with interested neighbors zl and city staff regularly for a period of six (6) months of the commencement of zz operations in order to identify problems, if any, and to initiate appropriate actions 23 to resolve issues. za 2J htpireso/w6/jk125 sm Under the power and authority rnnferred upon this Council by tha Charter of said City REFERENCE: 2 hereby certify tha foregoing Resolution was introducer) end adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~r);jui(dh7tiixl(t)~ meeting form on the ._1651? .............. day of .........December............................, ]s..96.. by the ~'7 following vote: ~~~`,_.,,_ ity Attorney AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stomps, Mayor Hilligoss NOES: None ABSENT: None ~~ ~n ~ ~ _ ~, / `/~Q ATTEST : ...................~/~L.i.L1.v..1~.~:.....................................--°..... \~~..~L~..~... .......U,Y...~... City Cl ................._ Mayor Y3'`tPUTY CITY CLE oo,mdF,>a.._......_._. CA 10.85 Res. M1'o...... y.6-.3. Fl,O....._ N.C.S.