HomeMy WebLinkAboutResolution 95-318 12/18/1995
_ ReSOIUtIOn ~O. 95-318 N C.S.
of the City of Petaluma, California
1
2 RESOLVING AN APPEAL BY MR. WAYNE VIELER
3 AND APPROVING A CONDITIONAL USE PERMIT AMENDMENT
4 FOR KODIAK JACK'S HONKY TONK AND SALOON
5 AT 256 PETALUMA BOULEVARD NORTH, APN 006-284-036
6
7
8 WHEREAS, Mr. Wayne Vieler filed an application requesting an amendment to the
9 November 21, 1994 Conditional Use Permit held by Kodiak Jack's Honky Tonk and
1o Saloon requesting: (1) application of an alternate parking standard; (2) an increase in the
11 distance allowed for off-site parking spaces; and (3) the expansion of commercial
12 recreation uses and to allow live entertainment 7 days per week and an arcade (4 or more
13 video games); and
14
15 WHEREAS, a public notice was published in the Argus-Courier on August 4, 1995, and a
16 21-day notice was mailed to all properties within 300' of the business; and
17
18 WHEREAS, Planning staff received 5 responses to the notice all opposed to the
19 intensification of the current use, citing noise and /or parking as ongoing problems; and
20
21 WHEREAS, a meeting was held with Mr. Vieler, several neighbors and Planning staff to
22 address the issues raised in response to the notice regarding noise, parking, and security;
23
24 WHEREAS, mitigation measures and.conditions were imposed in the September 25, 1995
25 CUP amendment to address the concerns; and
26
27 WHEREAS, On October 4, 1995 Mr. Vieler appealed the September 25, 1995 CUP
28 amendment taking issue with findings, mitigation measures, and conditions relating to
29 parking, required monthly meetings with staff, extent of activities permitted, and hours of
30 operation, and the requirement to file an appeal fee; and
31
32 WHEREAS, the Planning Commission at their October 24, 1995 meeting, opened the
33 public hearing, received testimony, and continued the public hearing to November 14,
34 1995; and
35
36 WHEREAS, at the November 14, 1995 public hearing the Planning Commission, after
37 additional testimony and discussion, concluded that given the history of the business, the
38 on-going dialogue with the neighbors, the parking requirements, and the noise issues,
39 denied the appeal and upheld the Planning Director's September 25, 1995 Conditional Use
4o Permit amendment; and
41
42 WHEREAS, the City Council considered Mr. Vieler's conditional use permit amendments
43 on December 18, 1995.
44
45 NOW THEREFORE, BE IT RESOLVED that the City Council hereby resolves Mr.
46 Vieler's appeal of the Planning Director's September 25, 1995, and the Planning
47 Commission's November 14, 1995 amendment. to the November 21, 1994 Conditional Use
48 Permit, held by Kodiak Jack's Honky Tonk and Saloon at 256 Petaluma Boulevard North
49 to allow: (1) an alternate parking standard of 1 parking space for every 3 patrons; (2) an
so increase in the distance allowed for off-site parking spaces from 300' to 600'; and (3) the
51 expansion of commercial recreation uses and to allow live entertainment and an arcade (4
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Res. No......95-3,1.8....... rr.c.s. Page 1 of 5
1 or more video games); based on the following findings and subject to the following
2 conditions:
3 Findings for Approval of Mitigated Negative Declaration of Environmental Impact:
4
5 1. An Initial Study has been prepared and proper notice provided in accordance with
6 CEQA and local guidelines.
7
8 2. Based upon the Initial Study and comments received, potential impacts could be
9 avoided or reduced to a level of insignificance by mitigation measures (which
1o include limitations on operating characteristics, noise generation, and parking)
11 attached as conditions of approval. There is no substantial evidence that the
12 project, as conditioned, would have a significant effect on the environment.
13
14 3. The project does not have the potential to affect wildlife resources as defined in
15 the Fish and Game Code, either individually or cumulatively.
16
17 4. The project is not located on a site listed on any Hazardous Waste Site List
18 compiled by the State pursuant to Section 65962.5 of the Government Code.
19
20 Findings for the Conditional Use Permit:
21
22 Alternate Parking Standard:
23
24 1. The proposed amendment of the November 21, 1994, Conditional Use Permit to
25 authorize Kodiak Jack's Honky Tonk and Saloon to utilize an alternate parking
26 standard has been approved at the rate of one (1) parking space for every three (3)
27 potential occupants. This standard: (1) is consistent with the requirements of
2s Petaluma Zoning Ordinance Section 20-300 (which provides for 1 space for each
29 50 square feet. of dance floor area); (2) is based on and supported by research
3o conducted by the City Traffic Engineer; (3) is appropriate as the business operates
31 as a collection of uses rather than a specific individual use and the Zoning
32 Ordinance (Section 20-300) allows the Zoning Administrator to assign the number
33 of parking spaces required for "unspecified uses of buildings"; and (4) implements
34 the Planning Commission's determination that this use qualifies for application of
35 this provision of the Zoning Ordinance (Section 20-300).
36
37 Alternate Off-Site Parking Standard:
38
39 2. The proposed use of an alternate standard for an increase in the distance allowed
4o for off-site parking spaces from 300' to a maximum of 600' is hereby approved for
41 this conditional use.
42
43 Increased Live Entertainment:
44
45 3. The proposed amendment of the November 21, 1994 Conditional Use Permit to
46 authorize expansion by Kodiak Jack's Honky Tonk and Saloon of its Commercial
47 Recreation uses to authorize additional live entertainment as conditioned to
48 address operating characteristics with limitations imposed through conditions of
49 approval to reduce or avoid impacts on the neighborhood/community, will
5o conform to the requirements and intent of the Petaluma Zoning Ordinance, Article
51 13, which allows Commercial Recreation as a conditional use. The limitations
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Reso. 95-318 NCS Page 2 of 5
1 imposed regarding days and hours the live entertainment reflect the constraints
2 present at the site (i.e. proximity to sensitive land uses such as residences) and
3 address the history of noise disruption.
4
5 4. The proposed amendment of the November 21, 1994 Use Permit to authorize
6 expansion by Kodiak Jack's Honky Tonk and Saloon of its Commercial Recreation
7 uses to authorize additional live entertainment as conditioned will conform to the
8 requirements and intent, goals, and policies of the Petaluma General Plan, which
9 encourages strategies of historic preservation and economic viability for the
1o historic downtown.
11
12 Amendment to Commercial Recreation:
13
14 5. The proposed amendment of the November 21, 1994 Conditional Use Permit to
15 authorize Kodiak Jack's Honky Tonk and Saloon to expand its Commercial
16 Recreation uses to include "arcade" uses (by Zoning Ordinance definition - "the
17 operation of 4 or more coin, slug or token operated mechanical or video games by
18 a business at one location or address") of up to but not exceeding twenty-five (25)
19 arcade-type games (video games, billiards, pinball, mechanical bull, darts, etc.), are
20 of limited intensity and therefore will not cause a nuisance as they are an ancillary
21 entertainment use to the primary use of an Alcoholic Beverage Establishment with
22 live entertainment, and will conform to the requirements and intent of the Petaluma
23 Zoning Ordinance, Article 13.
24
25 Mitigation Measures:
26
27 1. All mitigation measures of the November 21, 1994 Conditional Use Permit,
28 Resolution #94-309, shall be a part of this Use Permit except as superseded by
29 these specific mitigation measures. Remaining monies deposited for noise study
3o shall be refunded to applicant.
31
32 2. The applicant shall update the security plan currently on file with the City to
33 address the intensification of commercial recreation and live entertainment uses to
34 the satisfaction of the Chief of Police. The plan shall include, but not be limited to,
35 the periods of time and staffing levels for security personnel, duties, responsibilities
36 and qualifications of security staff. The plan shall be submitted for review and
37 approval by the Chief of Police within 30 days of the approval of this amendment
38 to the Conditional Use Permit.
39
40 3. The Planning Director and Chief of Police shall be notified by the first day of each
41 month of the live entertainment calendar, so as to be aware of the nights live
42 entertainment is to be offered.
43
44 4. The applicant shall, for the first six (6) months after this amendment of the CUP,
45 attend a monthly meeting with a representative of the Planning Department, Chief
46 of Police, and a neighborhood representative, in order to identify and mitigate any
47 noise/parking problems and/or neighborhood concerns. The Planning Department
48 shall schedule and host these monthly meetings. Based upon reports forwarded to
49 the City Council from the meetings, the City Council may direct the applicant to
so take certain actions and/or to make certain improvements to the facility to address
51 concerns/issues that are raised during these monthly meetings. The applicant shall
52 comply with the City Council's direction within the time frame provided. Failure
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Reso. 95-318 Page 3 of 5
1 to comply with the direction from the City Council may be cause for revocation of
2 this amendment of the Conditional Use Permit.
3
4 5. The applicant shall complete all construction work currently in progress or
5 recommended with regard to the noise attenuating measures recommended by
6 Mullins Acoustics. Proof and inspection of said completion shall be provided to
7 the Planning Director prior to the commencement of any additional commercial
8 recreation uses and additional live entertainment.
9
to Conditional Use Permit Conditions:
11
12 1. All conditions of approval of the November 21, 1994 Use Permit, Resolution #94-
13 309, shall remain in full force (except as modified by the following conditions) and
14 shall be a part of this Use Permit.
15
16 2. The proposed commercial recreation activities, including: live music, comedy acts,
17 male and female revues, game hosts and "M.C's", theatrical type productions, radio
18 and television promotions, fashion shows & costume games, dance troupes and
19 entertainers, and dance competitions in addition to those uses authorized in
20 Resolution 94-309 shall be the limit of the live entertainment permitted at this site.
21 Any activity not specifically named in the above shall be prohibited without
22 amendment to this CUP. Intensification or expansion of the use, such as provision
23 of additional types of live entertainment, expansion of hours shall require an
24 amendment of this Conditional Use Permit. No "Adult entertainment" activities ,
25 as defined in Section 21-410 through 21-410.48, shall be permitted without
26 amendment to this CUP.
27
28 3. The proposed arcade games shall not exceed twenty-five (25) in number.
29 Permitted games include video games, billiards, pinball, mechanical bull, darts, and
30 the like. Should question arise, the Planning Director shall determine whether or
31 not specific games are considered to be "arcade games".
32
33 4. Hours of operation shall be as follows:
34
35 A. OFFICE: seven (7) days per week, 24 hours per day.
36 B. COMMERCIAL RECREATION/ARCADE:
37 Seven (7) days per week, SPM to 2AM (in addition: Saturday and Sunday,
38 9AM to SPM).
39
4o C. LIVE ENTERTAINMENT:
41
42 1. one (1) weekend day SPM to 2AM
43 2. one (1) "floater" day (at operator's discretion) SPM to lAM
44 3. holidays (as recognized by the City of Petaluma) OR the day
45 preceding the holiday at the operator's discretion SPM to 2AM
46 4. remainder of week SPM to 11PM
47 5. Saturday & Sunday 9AM to SPM for weddings/banquets
48
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Reso. 95-318 NCS Page 4 of 5
1 5. Occupancy load shall at no time exceed 299 persons, and shall be based on the
2 ability of the owner/operator to provide parking either on-site or within 300 feet of
3 the property (or other distance as specified in the Zoning Ordinance), based on the
4 ratio of one (1) parking space for every three (3) potential occupants. The
5 owner/operator shall be responsible for maintaining on file with the Planning
6 Department agreements for 100 parking spaces. An Increase in occupancy may
7 not occur without the approval of the Planning Director, Fire Marshal, and Chief
8 Building Official, and shall require an amendment to this CUP. Minor changes in
9 occupancy if not more than 5% (cumulatively) may be authorized by the Planning
to Director without amendment to the CUP.
11
12 Standard Conditional Use Permit Conditions:
13
14 6. This use permit amendment may be recalled to the Planning Commission for
15 review at any time due to complaints regarding lack of compliance with conditions
16 of approval, traffic congestion, noise generation, or other adverse operating
17 characteristics. At such time, the Commission may revoke the use permit
18 amendment or add/modify conditions of approval.
19
20 7. The applicants shall defend, indemnify, and hold harmless the City or any of its
21 boards, commission, agents, officers, and employees from any claim, action or
22 proceeding against the City, its boards, commission, agents, officers, or employees
23 to attack, set aside, void, or annul, the approval of the project when such claim or
24 action is brought within the time period provided for in applicable State and/or
25 local statutes. The City shall promptly notify the applicant of any such claim,
26 action, or proceeding. The City shall coordinate in the defense. Nothing
27 contained in this condition shall prohibit the City from participating in a defense of
28 any claim, action, or proceeding if the City bears its own attorney's fees and costs,
29 and the City defends the action in good faith.
30
31
32 resokjap/councilll
33
Under the powez and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) ¢~~p~Cdb1I8~~ meeting form
on the .--18th day of ...........p~.~.~A1~~Y'..........---............., 19...~.`~, by the
following vote: -
City Attorney
AYES: Hamilton, Maguire, Barlas, Vice Mayor Shea
NOES: Stompe, Read
~ r
ABSENT: M~ yor Hi _ r Y
ATTEST :
City Clerk Mayor
Council File
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