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HomeMy WebLinkAboutResolution 94-309 11/21/1994 ~es®IUtlorl N®. 94-3U9 N C.S. 1 of the City of Petaluma, California 2 A RESOLUTION SUSTAINING AN APPEAL BY MR. WAYNE VIELER 3 AND APPROVING A CONDITIONAL USE PERMIT TO AUTHORIZE 4 COMMERCIAL RECREATION USE AT KODIAK JACK'S HONKY TONK 5 AND SALOON AT 256 PETALUMA BOULEVARD NORTH 6 (APN 006-284-036) 7 8 WHEREAS, Mr. Wayne Vieler filed an application to authorize Commercial Recreation 9 consisting of the collection of a cover charge, the offering of live music, and the offering of 10 dance lessons for a fee at the existing bar (Kodiak Jack's Honky Tonk and Saloon) at 256 11 Petaluma Boulevard North; and 12 13 WHEREAS, the Planning Commission considered the project during a public hearing on 14 September 13, 1994; and 15 16 WHEREAS, the Planning Commission received a considerable amount of testimony from 17 residents of the project area urging the denial of the request noting that the use would be 18 incompatible with the neighborhood and detrimental to the environment; and 19 20 WHEREAS, the Planning Commission at the conclusion of the public hearing found the 21 request to be exempt from the requirements of the California Environmental Quality Act 22 (CEQA) pursuant to Section 21080 of the CEQA Guidelines and denied the Conditional 23 Use Permit based on an extensive listing of findings; and 24 25 WHEREAS, Mr. Vieler appealed the Planning Commission's denial to the City Council as 26 provided for by the Zoning Ordinance; and 27 28 WHEREAS, the City Council considered the appeal on November 21, 1994, during which 29 time public testimony was heard and considered during a public hearing. 30 Res. N~...:....9.41.30.9._.. n.cs. e 1 NOW THEREFORE, BE IT RESOLVED that the City Council sustains Mr. Vieler's 2 appeal and overturns the Planning Commission's denial of the Conditional Use Permit, 3 adopts appropriate findings of fact, adopts the Mitigated Negative Declaration, mitigation 4 measures, and conditions of approval as follows: 5 6 Findings for the Mitigated Negative Declaration of Environmental Impact: 7 8 1. An Initial Study has been prepared and proper notice provided in accordance with 9 CEQA and local guidelines. 10 11 2. Based upon the Initial Study and comments received, potential impacts could be 12 avoided or reduced to a level of insignificance by mitigation measures (which 13 include limitations on operating characteristics, security, and lighting) attached as 14 conditions of approval. There is no substantial evidence that the project, as 15 conditioned, would have a significant effect on the environment. 16 17 3. The project does not have the potential to affect wildlife resources as defined in the 18 Fish and Game code, either individually or cumulatively and is exempt from Fish 19 and Game filing fees. 20 21 4. The project is not located on a site listed on any Hazardous Waste Site List 22 compiled by the State pursuant to Section 65962.5 of the Government Code. 23 24 5. The City Council reviewed the Initial Study/Mitigated Negative Declaration and 25 considered the comments before making a decision on the project. 26 27 6. The record of proceedings of the decision on the project is available for public 28 review at the City of Petaluma, Planning Department, City Hall, 11 English Street, 29 Petaluma, California. 30 31 Findings for the Conditional Use Permit: 32 33 1. The proposed bar with commercial recreation (live music, dance lessons and entry 34 cover charge), as conditioned to address noise, parking, lighting, and security, will 35 conform to the requirements and intent of the Petaluma Zoning Ordinance. 36 37 2. The proposed bar with commercial recreation (live music, dance lessons and entry 38 cover charge), as conditioned, to address noise, parking, lighting, and security for 39 compatibility with the surrounding commercial and residential uses, will conform to 40 the requirements and intent, goals, and policies of the Petaluma General Plan. 41 42 3. The proposed bar with commercial recreation (live music, dance lessons and entry 43 cover charge), as conditioned, to address operating characteristics, will not 44 constitute a nuisance or be detrimental to the public welfare of the community. 45 46 47 48 Reso. 94-309 NCS 2 1 Mitigation Measures: 2 3 1. The bar shall be operated in such a manner so that it at no time violates zoning 4 standards regarding noise generation. Further, given the history of this site and 5 sensitivity of the neighborhood to noise impacts, the applicant shall present a Noise 6 Management Plan to the Planning Director prior to the commencement of the 7 commercial recreation use. Said plan shall establish the method by which noise 8 impacts including but not limited to amplified music and patron noise from within 9 ~ the facility as well as patrons/pedestrians outside of the facility on the adjacent 10 public sidewalk/street will be regulated to avoid disruption to the immediate 11 neighborhood. Should complaints be received regarding noise disruption the 12 applicant shall take reasonable and practical steps as directed by the Planning 13 Director to reduce the intensity, number and/or occurrences of these disruptions. 14 Said steps may include but are not limited to the reduction of the number and/or 15 volume of microphones, amplifiers and speakers; the installation of certain physical 16 improvements designed by an acoustical engineer to attenuate noise generation; the 17 relocation of patron waiin /queuing areas to a location found to be acceptable to 18 the Planning Director; and~or the reduction in hours for the commercial recreation 19 activities. The Planning Director may require the preparation of an acoustical 20 evaluation to quantify the noise levels and to suggest appropriate attenuation 21 measures. Such an evaluation shall be funded by the applicant and directed by the 22 Planning Director to be performed with no notice to owner/operator. Funding for a 23 minimum of one (1) noise study ($1,000) shall be posted with the Planning 24 Department prior to commencement of the commercial recreation use. Monies 25 shall be retained by the Planning Department for a period not to exceed one (1) 26 year from the commencement of the commercial recreation use, at which time any 27 remaining funds shall be refunded to the applicant. 28 29 2. The applicant shall prepare a security plan including, but not limited to, the periods 30 of time and staffing levels for security personnel, duties, responsibilities and 31 qualifications of security staff for review and approval by the Chief of Police within 32 14 days of this Conditional Use Permit approval. 33 34 3. Security personnel shall be responsible to remedy double parking problems created 35 by the business on Petaluma Boulevard North directly in front of the business, 36 relating to loading/unloading of patrons. 37 38 4. Bar personnel shall check identification (I.D) at the front door to insure patrons are 39 of legal age to enter. 40 41 5. At closing time or during special events, crowd control by qualified security 42 personnel shall be provided to insure safety and orderly conduct in front of the 43 premises. Sidewalks shall be kept open for pedestrian traffic at all times. 44 45 6. The Planning Director and Chief of Police shall be notified a minimum of ten (10) 46 days in advance of special events that may attract larger than normal crowds. The 47 Chief of Police may require and the owner/operator shall provide additional 48 qualified security personnel on site to provide adequate crowd control. 49 50 7. Exterior lighting shall be installed to adequatel~r illuminate the sidewalk in front of 51 the business at closing time. This lighting will insure the safety of patrons and 52 discourage loitering in front of the business. Alighting plan shall be submitted for 53 review and approval by the Planning Director and Police Chief and lighting Reso. 94-309 NCS 3 e x ~ , 1 improvements installed within 30 days of approval of the plan. A building permit 2 shall be obtained prior to the commencement of work. 3 4 8. The applicant shall, for the first 6 months, schedule a monthly meeting with the 5 Planning Director, Chief of Police, and a neighborhood representative, in order to 6 identify and mitigate any noise/parking/lighting problems and/or neighborhood 7 concerns. 8 9 9. Live music shall be amplified through the club's in-place sound system with no 10 additional speakers or power boosting devices attached. 11 12 10. Applicant shall complete all work listed as mitigation measures in the July 1, 1993 13 Mullins Acoustics noise study prior to the commencement of the commercial 14 recreation use. Alternate design solutions approved by an acoustical engineer may 15 be proposed subject to review and approval by the Planning Director. Proof and 16 inspection of said completion shall be provided to the Planning Director prior to 17 said commencement. 18 19 Conditional Use Permit Conditions: 20 21 1. The proposed commercial recreation activities, including: live music, the collection 22 of a cover charge, and the charging of a fee for dance lessons shall be the limit of 23 activities permitted through this Conditional Use Permit. Any activity not 24 specifically named in the above, shall be prohibited. Additional activities or 25 expansion in hours shall require an amendment of this Conditional Use Permit. 26 27 2. Hours of operation for office use may be 24 hours, 7 days per week. Hours of 28 operation for the commercial recreation uses shall be limited to 6PM to 2AM, 7 29 days per week. Live music may be offered not more than once during a seven day 30 period. 31 32 3. Occupancy load shall at no time exceed that stipulated by the Planning Director, 33 and shall be based on the ability to provide parking either on-site and/or within 300 34 feet of the property. The Planning Department has agreements on file at this time 35 for 94 parkm~ spaces, or an occupancy of 235 persons. Therefore, the bar shall post 36 and honor this occupancy. Parking agreements shall be maintained for the duration 37 of the business operations and kept on file with the Planning Department. An 38 increase in occupancy may not occur without the approval of both the Planning 39 Director and the Fire Marshal, and shall require an amendment to this CUP. 40 41 4. All employees shall complete a responsible hospitality training program within 90 42 days of commencement of employment and/or the effective date of this CUP. 43 44 5. The applicant shall comply with Alcoholic Beverage Control (ABC) laws and 45 regulations. Suspension of the applicant's license by the ABC may constitute 46 sufficient basis for review and possible revocation of this conditional use permit. 47 48 6. A trash enclosure shall be provided on site, the location and design of which shall be 49 submitted for review and approval by the Planning Director prior to the 50 commencement of the commercial recreation use with construction within 30 days 51 of approval. Alternatively, all trash/bottles/debris shall be contained inside the 52 structure in a designated storage area at the rear of building. 53 Reso. 94-309 NCS 4 r ' 1 7. This conditional use permit may be recalled to the Planning Commission for review 2 at any time due to complaints regarding lack of compliance with conditions of 3 approval, traffic congestion, noise generation, or other adverse operating 4 characteristics. At such time, the Commission may revoke the conditional use 5 permit or add/modify conditions of approval. 6 7 8. The applicants/developers shall defend, indemnify, and hold harmless the City or 8 any of its boards, commission, agents, officers, and employees from any claim, action 9 or proceeding against the City, its boards, commission, agents, officers, or employees 10 to attack, set aside, void, or annul, the approval of the project when such claim or 11 action is brought within the time period provided for in a plicable State and/or 12 local statutes. The City shall promptly notify the applicants developers of any such 13 claim, action, or proceeding. The City shall coordinate in the defense. Nothing 14 contained in this condition shall. prohibit the City from participating in a defense of 15 any claim, action, or proceeding if the City bears its own attorney's fees and costs, 16 and the City defends the action in good faith. 17 18 9. The live music component of the Conditional Use Permit shall be valid for a ninety 19 (90) day trail period commencing upon the initiation of live music. The Planning 20 Director shall monitor activities at the site during this trial period and shall record 21 relative compliance with the conditions of approval and the testimony given during 22 the public hearings on this application. The Planning Director shall provide status 23 reports to the City Council during this period as appropriate. At the conclusion of 24 the trial period, the City Council may: extend the period; find that the use has 25 occurred in compliance with the expectations and conditions of approval, and that 26 no further trial periods are necessary; or determine that the use has not complied 27 with expectations and/or conditions of approval and refer the live music component 28 of the Conditional Use Permit to the City Council for resolution. The City Council 29 may, upon such referral, impose additional conditions as may be appropriate or may 30 prohibit further live music at this site. 31 32 33 kojk~jm4 Under the power 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 meetin form Council of the City of Petaluma at a (Regular) (~i~xi1j;~~~4)C g on the -..~lst day of ...........Navemb-er........................., 19-.~4, by the ~ following vote.: City Attorney AYES: Hamilton, Barlas, Shea, Vice Mayor Sobel, 1Vlayor Hilligoss NOES: Parkerson, Read ABSENT: None ATTEST: . City Clerk Mayor Council File CA 10-85 ~ Res. No.........9.~-.3.~.q....'N.C.S.